Arizona’s Public Records Law

Arizona law requires all officers and public bodies to maintain records reasonably necessary to provide an accurate accounting of their official activities and of any government funded activities.

Any record in the custody of an Arizona government entity that has a substantial nexus to government activity is considered a public record and is presumed to be subject to disclosure.  Griffis v. Pinal Cnty., 215 Ariz. 1, 4, ¶ 10, 156 P.3d 418, 421 (2007).  Pursuant to A.R.S. section 39-121, the public has a right to inspect (i.e. view in person) public records.  Pursuant to A.R.S. section 39-121.01, the public has a right to obtain copies of public records, subject to reasonable copy fees.

REQUESTS TO OMBUDSMAN-CITIZENS’ AIDE OFFICE

Pursuant to A.R.S. section 39-171, entities subject to the public records law must make available on their websites “the name, telephone number, and email address of an employee or department that is authorized and able to provide the information requested or able to forward the request to an employee or department that is authorized and able to provide the information requested.”

Pursuant to his section, please direct all public records requests for Ombudsman-Citizens’ Aide office records* to:

Staff Attorney Danee Garone

dgarone@azoca.gov

602-544-8710

LEGISLATION

Fifty-Sixth Legislature, First Regular Session:

[Last updated 8/9/2023]

Legislature adjourned.  Bills signed by Governor in bold below and go into effect on 10-30-2023.  Any bill that was not signed by the Governor is dead and will not become law.

  • SB1061 – Would amend several statutes, including A.R.S. sections 39-123 and -124, to restrict public access to the home addresses and phone numbers of elected officials.  This bill was passed 30-0 on 2/28 and was transmitted to House on 3/1.  The bill was signed into law on 5/8.
  • SB1148 – As amended, it would permit counties, municipalities, and other subdivisions of the state to “establish a onetime fee per copy, not to exceed $46 per video-hour reviewed, that is charged to a person who submits a public records request to a local law enforcement agency for a copy of a video recording.”  These entities can take into account, when determining the fee, “[t]reasonable cost of reviewing, transmitting, making a copy of and, as necessary, redacting the video recording.”  They can also take into account “any other relevant information.”  It would also amend the law to entitle certain crime victims to a free copy of “video recordings” in addition to the already existing right to a fee copy of the police report.  This bill passed both houses of the Legislature and was signed into law by the Governor on 6/20.
  • SB1176 – This bill, among other things, amends A.R.S. sections 39-123 and -124 by adding “health professional” to the definition of “eligible person.”  It was signed into law on April 12.
  • SB1259 – This bill is essentially the same as SB1061.  This bill had been second read and assigned to the Senate Government Committee.
  • SB1318 – This bill would make many entities associated with charter schools, including some private entities, subject to the public records law (and open meeting law).  This bill has been second read and assigned to the Senate Education Committee.
  • SB 1332 – This bill would designate a “cast vote record” as a public record “after completion of the official canvass.”  This bill passed both houses of the Legislature, but the Governor vetoed it.
  • SB 1477 – This bill would amend A.R.S. section 41-1609.03.  It would require “[a] private contractor that contracts with any governmental entity to provide detention or incarceration services for offenders” to “keep and maintain a complete and accurate record of all services.”  It would make the public contractor subject to the public records law.  This bill has been second read and assigned to the Senate Military Affairs, Public Safety and Border Security Committee.
  • SB 1640 – This bill would require additional use of cameras for law enforcement and regulates the disclosure of such video in a variety of ways.  It has been second read and assigned to the Senate Military Affairs, Public Safety and Border Security Committee.
  • HB2075 – This bill would make it so “school building blueprints and floor plans are not public records” and are exempt from disclosure under the public records law.  This bill was scheduled for third read on 3/9 but does not appear to have been voted on.
  • HB2767 – This bill is similar to SB1061.  This bill was second read on 2/13 and has been assigned to the Senate Government Committee.
  • HB2808 – As originally written, the bill would dramatically change the public records law.  It would amend A.R.S. section 39-121.01 to require a public body or officer produce requested public records within five business days of receiving a public records request and remove the “promptly” language.  It would institute a civil fine of $500 for every day in excess of five up to $5,000 total.  It would also amend section 39-171.  It would require an entity subject to the public records law to fulfill or a deny a public records request within five business days of receipt.  If certain criteria are met, the entity can have five additional business days.  It includes the same penalty.  Amended:  This bill was amended on the House floor on 3/9.   It passed 57-0-3 on 3/9 and was transmitted to the Senate.  It was held by the Senate Government Committee on 3/29.  Now, the bill would change the public records law in less dramatic ways.  The bill:
    • Removes “promptly” from section 39-121.01(E).
    • Deems a request denied if a custodian does not respond to a request as required by section 39-171.
    • Permits monetary penalties if a public body “wilfully or intentionally refuses to comply with this section or otherwise acts in bad faith….”
    • Amends section 39-171 to require an entity subject to the public records law to respond within five business days of receiving a request.  The response must indicate that the request was received, the contact information outlined in section 39-171(A), and the “expected date the request will be processed.”  The monetary penalties extend to these requirements as well.

News

  • 10/30/2023 — The changes made to the public records law by SB1061, SB1148, and SB1176 go into effect today.
  • 10/27/2023 — Arizona Capitol Times published a piece about the Arizona Ombudsman-Citizens’ Aide office focusing on our public records work and services.  Click here to read it.
  • 10/1/2023 — We updated our public records law handbook, which includes changes made to the law in the 2023 legislative session.

Public Records – PUBLICATIONS

Public Records – RESOURCES

Public Records – STATUTES