The intent of the Idaho Public Records Law is that records maintained by state and local government entities are to be made available for public
access and copying. At the same time, the Legislature recognized the need to balance this policy of openness against the equally important
need for privacy of certain information provided by citizens and businesses that is necessary for the conduct of the government's business.
This balance is contained in Idaho Code § 9-338,
which states that "all public records in Idaho are open at all reasonable times for inspection
except as otherwise expressly provided by statute."
A "public record," as defined by the Idaho Code, is an extremely broad concept. It "includes, but is not limited to, any writing containing
information relating to the conduct or administration of the public's business prepared, owned, used or retained by any state agency, independent
public body corporate and politic or local agency regardless of physical form or characteristics."
Pursuant to Idaho Code § 9-342,
Kootenai County is permitted to verify a requestor's identity for the purpose of protecting
personal information in compliance with state and federal laws, and to ensure that an information request is NOT for purposes such as a
mailing/solicitation list or to circumvent the discovery procedures which apply to litigation.
Notice of Denial and Right to Appeal
If your request is denied or partially denied, the records requested may be exempt from disclosure pursuant to Idaho Code § 9-340A through 9-340H,
or other provision of Idaho statute or court rule. If you wish to appeal a denial of a request for public records you
may do so pursuant to one or more of the exemptions set forth in Idaho Code § 9-343,
which requires that a petition be filled in the District Court within 180 days from the date of the
mailing of the notice of denial or partial denial.
For additional information regarding Idaho Public Record Law, the Idaho Public Record Law Manual located at the Attorney General's website can be
Instructions for submitting a Public Records Request (PRR)
In order to expedite your request as efficiently as possible please:
Submit your request to the appropriate Elected Official or department. A list of typically requested records and the custodian and their contact
information is listed below.
Please be VERY SPECIFIC in the description of the record(s) you are seeking. If you narrow the scope of the request and are specific, the easier
it will be to fulfill your request in a concise and timely fashion, and the less likely the response may be voluminous and possibly require payment
as provided in Idaho Code § 9-338(10)
If clarifying information is needed, the request may be delayed and the County will respond to the request within 10 working days of
receipt of the request as opposed to the three (3) working days timeframe.
Please note that any requests received after 5:00 p.m. will be considered as submitted on the subsequent business day.
For response time parameters, please see the specific information noted below under Response Time. Please note if your request is sent to the wrong custodian and needs
to be forwarded to the proper custodian, that custodian may need additional time to respond to the request depending upon when they received the
In order to expedite your request, please submit your Public Record Request (PRR) to the Elected Official or department that is the custodian
of the record. A list of commonly requested records and the applicable Elected Official or department, how to contact their records department
and where to send your form is as follows:
Pursuant to Idaho Code § 9-339 the county must either grant or deny a person's request
to examine or copy public records within three (3) working days of the date of the receipt of the request for examination or copying.
If it is determined by the County office or department to which the request is directed that a longer period of time is needed
to locate or retrieve the public records, it must notify the person
requesting the records in writing and will then be required to provide the public records to the person no later than ten (10) working days following the
person's request. If clarifying information is needed, the County will respond to the request within ten (10) working days of receipt of the request
as opposed to the three (3) working days timeframe.
If requested records are in electronic format which requires conversion to another electronic format by the County or by a third party, and that
conversion is unable to be completed within ten (10) working days, the County must notify the person requesting the records in writing.
The County must provide the converted public record at a time mutually agreed upon between the County and the person requesting the records,
with due consideration given to any limitations that may exist due to the process of conversion or due to the use of a third party to make the conversion.
If the County office or department to which the request is directed fails to respond, the request will be deemed to have been denied within ten (10)
working days following the request. Furthermore, if the request is denied, or is denied in part and granted in part, the person's request for
examination and copying of the public records, the person legally responsible for administration of that office or department, or that person's designee,
must notify the person requesting the records of the denial or partial denial in writing. The notice of denial or partial denial must include a statement
that an attorney for the County has reviewed the request or the County has had the opportunity to have an attorney review the request but has chosen not
to do so. The notice must also include the statutory authority for the denial and a clear statement regarding the right to appeal the denial or partial
denial pursuant to Idaho Code § 9-343, and the time periods for doing so.
9-340A. Court files of judicial proceedings,proceedings and records exempt from disclosure by federal or state statutes or by federal regulations.
9-340B. Law enforcement records, investigory records of agencies, evacuation and emergency response plans, and workers compensation.
See alsoIdaho Code § 9-335
9-340C. Personnel records, personal information, health records, and professional discipline.
Note: This section prohibits disclosure of certain personnel records except with the written consent of the person who is the subject of the records.
9-340D. Trade secrets, production records, appraisals, bids, and proprietary information.
9-340E. Archaeological, endangered species, libraries, and licensing exams.
9-340F. Draft legislation and supporting materials, certain records of the State Tax Commission and the Petroleum Clean Water Trust Fund, and certain
records pertaining to unclaimed property.
9-340G. Records of court proceedings regarding judicial authorization of abortion procedures for minors.