How to File a Public Records Request in South Burlington, Vermont

What Is the Vermont Public Records Act?

The Vermont Public Records Act, codified at 1 V.S.A. §§ 315–320, was originally enacted in 1976 following the Watergate scandal. It establishes that government officers are 'trustees and servants of the people,' consistent with Chapter I, Article 6 of the Vermont Constitution, and guarantees any person the right to inspect and obtain copies of public records held by state and municipal agencies — including the City of South Burlington. No stated reason is required to file a request, and Vermont places no residency restriction on who may ask.

A 'public record' is broadly defined under 1 V.S.A. § 317(b) as 'any written or recorded information, regardless of physical form or characteristics, which is produced or acquired in the course of public agency business.' This encompasses permits, contracts, meeting minutes, emails, budgets, planning documents, police incident records, and even messages sent from personal devices if related to city business (Toensing v. Attorney General, 2017 VT 99).

Key exemptions under 1 V.S.A. § 317(c) include personnel files, law enforcement investigative records, attorney-client communications, medical records, and trade secrets. The burden of proof rests on the City to justify any withholding — not on the requester to prove entitlement. Exemptions are interpreted narrowly, and agencies must release non-exempt portions of any partially withheld document.

Read the full text of the Vermont Public Records Act (1 V.S.A. Title 1, Chapter 5, Subchapter 3, §§ 315–320)

How to File a Public Records Request with the City of South Burlington

How to Submit Your Request

The City of South Burlington does not require a specific form for most public records requests, though a request form is available on the city's website as a convenience. Requests for general city records — including contracts, meeting minutes, budgets, and planning documents — should be directed to the City Clerk's Office by email at [email protected], or by visiting City Hall in person at 180 Market Street during business hours. Requests for police records should be directed separately to the South Burlington Police Department Records Division. Regardless of submission method, your request should be in writing and describe the records you seek with sufficient specificity. The City Clerk's Office is open Monday through Friday from 8:00 AM to 4:30 PM; note that the office closes at noon on the day before an election.

What to Include in Your Request

• A clear description of the specific records you are requesting (dates, subject matter, department if known)
• The format in which you prefer to receive the records (electronic PDF, paper copies, etc.)
• Your name and contact information (mailing address or email) for the City to reach you
• A fee threshold — state the maximum amount you are willing to pay without prior approval
• Whether you are requesting inspection of the originals or copies of the records
• If requesting police records, note that a separate request must go to the South Burlington Police Department Records Division at (802) 846-4160
• A reference to the Vermont Public Records Act, 1 V.S.A. §§ 315–320, to establish the legal basis for your request

Response Deadlines and What to Expect

Under 1 V.S.A. § 318, Vermont agencies — including the City of South Burlington — must respond promptly to a public records request, defined by statute as 'not more than three business days' from receipt. Vermont does not distinguish between residents and non-residents; the same three-business-day deadline applies to everyone.

A 'response' within three business days means one of the following: (1) producing the requested records in full; (2) producing non-exempt records while providing a written certification identifying withheld portions and the specific statutory basis for each exemption; (3) certifying in writing that the record is in active use or storage and setting a date within one calendar week when it will be available; or (4) certifying in writing that the record does not exist.

In unusual circumstances — such as when records must be retrieved from field offices, when a voluminous request requires extensive search, or when interagency consultation is needed — the City may extend the response deadline by up to ten additional business days. Any extension must be communicated to you in writing before the original three-day deadline expires, with a specific date by which a response will be provided under 1 V.S.A. § 318(a)(5).

Copying fees are limited to the actual cost of reproducing records under 1 V.S.A. § 316. Staff time charges may apply only when compliance exceeds 30 minutes. South Burlington's Land Records office has noted fees of $4 per hour for research time and $1 per page for copies; confirm the current schedule with the Clerk's Office before requesting large volumes of records.

What to Do If Your Request Is Denied or Delayed

Denials and delays happen — but Vermont law gives you meaningful tools to push back. Here is what to do.

If the City of South Burlington denies your request in whole or in part, the custodian is required under 1 V.S.A. § 318 to provide you a written certification that identifies each withheld record, states the specific statutory basis for the denial, and notifies you of your right to appeal. A partial denial must still result in the release of all non-exempt portions of the document — the City cannot withhold a record in its entirety simply because some portion qualifies for an exemption.

If the City fails to respond within three business days — or within the extended period if a lawful extension was granted — that failure is treated as a deemed final denial under 1 V.S.A. § 318(c)(2), and you may proceed immediately to appeal.

Common reasons for denial include claims of personnel record exemptions, law enforcement investigative record exemptions, attorney-client privilege, or personal privacy protections. Many of these exemptions are narrower than agencies initially assert, and an appeal is often worth pursuing.

If you believe the denial is incorrect or the delay is unjustified, start by contacting the City Clerk's Office to clarify whether the right department received your request. Different departments (e.g., Planning and Zoning, Police) maintain their own records and may need to be contacted directly.

Steps to Appeal

1. Contact the City Clerk's Office to confirm the request was received and routed to the correct department custodian; sometimes a simple follow-up resolves the issue.
2. If denied, review the written denial carefully — the City must cite the specific statute (1 V.S.A. § 317(c)) justifying each withheld record.
3. File a written administrative appeal to the 'head of the agency' (typically the City Manager for South Burlington municipal departments) within a reasonable time of the denial.
4. The head of the agency must respond in writing within five business days of receiving your appeal, per 1 V.S.A. § 318(c); the response must include the statutory basis for any upheld denial.
5. If the agency-level appeal is denied or the agency misses the five-business-day deadline (treated as a final denial), you may petition the Civil Division of Chittenden Superior Court under 1 V.S.A. § 319(a).
6. Court proceedings under the Public Records Act receive expedited docket priority under 1 V.S.A. § 319(b) and are heard as early as practicable.
7. If you substantially prevail in court, the court must award you reasonable attorney's fees and litigation costs against the City under 1 V.S.A. § 319(d)(1) — making legal action a viable option even for individual requesters.

Types of Records You Can Request from South Burlington, Vermont

South Burlington's municipal departments maintain a wide variety of public records. The following types of records are routinely available for inspection and copying under Vermont's Public Records Act.

• City Council meeting minutes and agendas
• City budget documents and financial reports
• City Manager correspondence and memoranda
• Contracts and agreements with vendors, contractors, and consultants
• Building permits and zoning applications
• Planning and Development Review Board decisions
• Police Department incident and arrest records (non-exempt portions)
• Body-worn camera footage (subject to applicable exemptions)
• Land records, deeds, and property transfer documents
• Tax assessment and property valuation records
• City employee salary and benefits information (individual salaries are explicitly public under 1 V.S.A. § 317(b))
• Recreation and parks program records and facility use agreements
• Environmental and stormwater compliance reports
• Election records and voter registration data (public portion)
• City ordinances, resolutions, and charter amendments

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of South Burlington to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in South Burlington