ACCESS TO PUBLIC RECORDS
The Meridian Library District (MLD) is a public entity and as such, disclosure of public records is governed by Idaho Code. The following information is intended to provide guidance to Trustees and MLD Staff, as well as patrons and the general public, regarding making essential and non essential documents related to the history, business, and operations of MLD available upon proper request. Pursuant to Idaho Code, Section §74-103, a public records request must clearly indicate that it is a public records request.
MLD's records include information that is retained for a variety of purposes and pursuant to Idaho Code, Sections §§ 74-106 and 74-108, certain personnel records and identifying information about patrons, staff, and contributors may be subject to exemption from disclosure. For further information, guidance, and applicable policy and procedure, reference should be made to the provisions of the Public Records Act, found in Idaho Code, Sections §§ 74-101 through 74-126. A request may not be fulfilled if there is no existing record.
In responding to public record requests, MLD has a dual responsibility of respecting the public right to examine and copy records subject to disclosure, as well as following the directives of the law pertaining to records which are exempt from disclosure. Statistical circulation information that does not identify any particular person may be made available for examination and copying.
If a request for a record is denied, in whole or in part, MLD shall notify the person making the request in writing, or by email. This notification will indicate whether MLD’s attorney has been consulted and reviewed the request, identify the statutory authority for the denial, and give information about the appeals process which is to initiate proceedings in district court. The Library Director serves as custodian of the records of Meridian Library District. The alternative for contingencies shall be an Assistant Director.
PROCEDURE FOR REQUESTING A PUBLIC RECORD
- To ensure compliance with the law, those making requests are to utilize MLD’s Public Record Request form. The form is available on the District’s website using the online submission form or may be submitted to the Library Director or by email as a PDF to director@mld.org.
- Ordinarily, a request for records will be granted or denied, in whole or part, within three (3) working days of the date of the receipt of the request for examination of copying.
- If a longer time is required to locate or retrieve the requested records, MLD shall so notify, in writing, the person requesting to examine or copy the records and shall provide the public records to the person no later than ten (10) working days following the person’s request. If no response is provided within ten (10) working days, the request will be deemed to be denied.
FEES
Except for fees that are authorized or prescribed under other provisions of Idaho law, no fee shall be charged for the first two (2) hours of labor in responding to a Public Records Request or for copying the first one hundred (100) pages of public records requested. MLD has established fees to recover the actual costs associated with locating and copying documents if:
- The request is for more than one hundred (100) pages of paper records
- The request includes records from which nonpublic information must be deleted
- The actual labor associated with responding to the request exceeds two (2) person hours
Pursuant to Idaho Code §74-102, MLD has established the following Public Records Request Fee Schedule:
| Idaho Code Reference | Type of Work Involved | Charges |
|---|---|---|
| 74-102(10)(a) | Photocopying less than 100 pages on standard 8 ½ x 11 paper where no redaction of confidential information is required | No charge |
| 74-102 (10)(b),(c),(e) | Photocopying more than 100 pages on standard 8 ½ x 11 paper | $0.10 per page (black & white) $0.50 per page (color) & labor |
| 74-102 (10)(c),(e) | Photocopying on paper other than standard 8 ½ x 11 paper (e.g. blueprints, maps, etc.) | Actual copying cost & labor |
| 74-102 (10)(c) | Retrieval of archived information | Out of pocket cost & labor rate to be determined at time request is submitted, if applicable |
| 74-102 (10)(b),(c),(e) | Request includes records from which non-public information must be redacted | Hourly rate of Legal counsel |
| 74-102 (10)(b),(c),(e) | Where actual labor associated with locating and photocopying/printing hard copy and/or electronic documents equals or exceeds two (2) person hours | Charged at the per hour pay rate of the lowest paid administrative staff employee with the ability to respond to the request |
| 74-102 (10)(c) | Where the District incurs out of pocket costs required for providing the requested records | Actual out of pocket cost |
| 74-102 (10)(d),(i) | Transfer of documentation in the form of computer tapes, discs, microfilm, or similar record media or electronic storage device | Actual copying cost & labor |
| 74-102 (10)(c) | Where copies of records are mailed or shipped | Actual cost if greater than $5 |
Depending on the request, MLD may not be able to determine the total labor cost rate until the documents are retrieved and reviewed.
If the request includes a public record otherwise exempt information from request requiring deletions or redactions in consultation with MLD’s attorney, or requires the advice of our attorney on possible exemptions, fees will be charged at the usual and customary billing rate of MLD’s attorney.
- If the request includes non-public information requiring deletions or redactions in consultation with MLD’s attorney, or requires the advice of our attorney on possible exemptions, fees will be charged at the usual and customary billing rate of MLD’s attorney.
Idaho sales tax, where applicable, shall be assessed on copy fees and MLD’s out-of-pocket costs.
In certain instances, addressed in Idaho Code, Section §74-102, the requesting party may be exempt from paying such charges. In determining if fees are owed, MLD will combine the total staff time required in responding to multiple requests on the same or related subjects. A requestor may not file multiple requests to avoid payment of fees. An itemized statement explaining any assessed fees will be provided to the requesting person. MLD will require advanced payment of fees based on the schedule above.
Adopted by the Meridian Library District Board of Trustees January 14, 2014
Revision May 15, 2024