What responsibility does the public agency have for providing access to records?
Section 9-338(1) provides that the right to inspect and to receive a copy of public records at all reasonable times is absolute unless the record is exempt from disclosure by law. In addition, section 9-338(5) requires the public agency to extend reasonable comfort and facility to the individual requesting public records. The concept of a “copy” of a public record in section 9-337(2) is comprehensive, including “transcribing by handwriting, photocopying, duplicating machine and reproducing by any other means so long as the public record is not altered or damaged.” Additionally, a certified copy, if feasible to produce, must be provided upon request. Idaho Code § 9-338(3). A public agency may not refuse access to records “by contracting with a non-governmental body to perform any of its duties or functions.” Idaho Code § 9 338(9). Furthermore, public agencies are required, without exception, to separate exempt information from records when a request is made, and to provide access to the
