R5A1

Each public body must designate at least one custodian of public records and requests are sent to the custodian. §14-2-7, NMSA 1978.

The Public Records Act requires each agency to publish the procedures by which requests for public records are to be made. RCW 42.56.040. Nevertheless, most agencies act somewhat informally with or without published procedures. Only the largest agencies and police agencies have FOI officers. A requesting party may consider calling the agency to ask what the proper procedure is.

The lawful custodian or authorized deputy. Iowa Code §  22.3.

The FOIL directs each agency to promulgate rules and regulations pertaining to the availability of records and the procedures to be followed to obtain access, including the times and places that records are available, the person from whom such records may be obtained, and the fees for copies of records. N.Y. Pub. Off. Law §  87(1)(b) (McKinney 1988). See, e.g., Murphy v. State Educ. Dept., 148 A.D.2d 160, 543 N.Y.S.2d 70, (1st Dep't 1989); Town of Northumberland v. Eastman, 129 Misc.2d 447, 493 N.Y.S.2d 93 (Sup. Ct. 1985).

The Freedom of Information Act requires that requests for access to records be made to the person in charge of the government body:

A request to inspect or copy any public record of a public body shall be made directly to the custodian of such public record.

'Custodian' means the elected or appointed official charged with administering a public body.

W. Va. Code §§ 29B-1-2(1), 29B-1-3(2).

Alabama's Public Records Law is silent as to the procedure for obtaining public records. Typically, the request is made initially in person or by telephone to the office that holds the records. If a more formal, written request is necessary, that request is typically made to the custodian of the records, the governmental entity or officer that holds the records, or (if the request has reached the "lawyering" stage) to the attorney for the governmental entity or officer that holds the records.

The custodian receives requests to inspect records. If the person who receives the request is not the custodian of the public record requested, such person shall notify the requester and shall furnish the name and location of the custodian, if known or readily ascertainable. K.S.A. 45-218(c).

Requests for public records may be made to the custodian of the public record. One trial court ruled that a local government cannot construct barriers to public records access by requiring requests to be filtered through a county manager or some other designated public official. Dawes v. Buncombe County Board of Commissioners, 99 CVS 03497 (September 1, 1999).

Each authority is required to designate one or more custodians and to post prominently at its offices a notice containing a description of its organization and the times and places at which, the legal custodian from whom, and the methods whereby, the public may obtain information and access to records. Wis. Stat. § 19.34(1).

The Public Records Act is not specific about where requests must be made, other than it directs a public officer "having the custody of public records" to give copies upon request, and also indicates that public records of all public agencies are available for inspection "during regular office hours." Regulations adopted by the state to govern records requests made of state agencies provide that requests for records of a state agency may be filed at the nearest office of the appropriate agency. 2 AAC 96.305.