How to File a Public Records Request in Burlington, Vermont

What Is the Vermont Public Records Act?

The Vermont Public Records Act (PRA), codified at 1 V.S.A. §§ 315–320, was enacted by the Vermont General Assembly in 1976 and is grounded in Chapter I, Article 6 of the Vermont Constitution. It guarantees any person — regardless of state residency — the right to inspect and copy records produced or acquired by any public agency, including all municipalities like the City of Burlington.

The definition of a "public record" under 1 V.S.A. § 317(b) is intentionally broad: it includes any written or recorded information, regardless of physical form or characteristics, produced or acquired in the course of public agency business. This encompasses paper documents, emails, electronic files, photographs, audio and video recordings, contracts, permits, meeting minutes, and even text messages sent on personal devices if they relate to official business.

Key exemptions include personnel files, active law enforcement investigation records, tax returns, medical records, trade secrets, attorney-client privileged communications, and records whose release could endanger public safety. However, exemptions are to be construed narrowly, and a record may not be withheld in its entirety merely because part of it is exempt — the agency must redact only the protected portions and produce the rest. The burden of proof to justify withholding any record lies entirely with the public agency, not with the requester.

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 Burlington

How to Submit Your Request

Burlington does not require a specific form to submit a public records request — any written or verbal request is sufficient under the Vermont Public Records Act. However, submitting your request in writing (by email or mail) is strongly recommended because it creates a clear record of your request date, which anchors the agency's statutory three-business-day response clock. For most city records, direct your written request to the Office of the Clerk/Treasurer at City Hall, 149 Church Street, Burlington, VT 05401, or call (802) 865-7000 to inquire about the appropriate custodian. If you are requesting Burlington Police Department records specifically, use the online Records Request Form at burlingtonvt.gov. For Public Works records, contact that department at 645 Pine Street. Be as specific as possible about the records you seek: identify the subject matter, the relevant time period, and the type of document. The more precise your request, the faster and more accurately the city can respond.

What to Include in Your Request

• Your full name and mailing address
• A clear and specific description of the records you are requesting
• The approximate date range of the records sought
• The department or office you believe holds the records
• Your preferred format for receiving records (electronic copies, paper, in-person inspection)
• A statement citing the Vermont Public Records Act, 1 V.S.A. §§ 315–320, as the legal basis for your request
• A fee threshold statement, such as notifying the city if costs will exceed a specified dollar amount

Response Deadlines and What to Expect

Under 1 V.S.A. § 318(a)(1), the City of Burlington must respond to a public records request "promptly" — defined by statute as immediately, with little or no delay, and not more than three business days from receipt. This deadline applies equally to all requesters regardless of residency; Vermont's Public Records Act does not distinguish between Vermont residents and out-of-state requesters.

A "response" within that three-business-day window means one of four things: (1) the records are produced for inspection or copying; (2) the custodian certifies in writing that the record is exempt, citing the specific statutory basis; (3) the custodian certifies in writing that the record is in active use or storage and sets a specific date within one calendar week when it will be available; or (4) the custodian certifies in writing that the record does not exist.

In unusual circumstances — such as needing to search field offices, processing a voluminous request, or consulting with another agency or the Attorney General — the City may extend the deadline by providing written notice to the requester. Extensions cannot exceed ten business days total from the date the request was received, per 1 V.S.A. § 318(a)(5).

Fees are limited to the actual cost of copying and, for requests requiring more than 30 minutes of staff time, a per-minute staff charge set by the Vermont Secretary of State's uniform fee schedule. The city must provide a fee estimate upon request, and may require prepayment before delivering copies.

What to Do If Your Request Is Denied or Delayed

A denial or a missed deadline does not have to be the end of the road. Vermont's Public Records Act provides a clear escalation path, and the law's strong attorney's fee provision means that agencies that improperly withhold records face real consequences.

Common reasons the City of Burlington might deny or partially deny a request include: the records contain exempt information (such as active law enforcement investigation details, personnel file contents, or legally privileged communications); a portion of the record is redacted under a specific statutory exemption while the rest is released; or the records do not exist under the name or description provided. A denial must always be in writing, must cite the specific statutory basis, and must identify the person responsible for the denial — these are requirements under 1 V.S.A. § 318.

If the city fails to respond within three business days (or within the extended period if properly noticed), that silence is legally treated as a denial under 1 V.S.A. § 318(d)(2), and you may immediately exercise your appeal rights without waiting further.

Vermont's appeal process is direct: you first appeal to the head of the agency, who must respond within five business days. If that fails, you may file in Superior Court. Importantly, if you substantially prevail in court, the judge must award your attorney's fees and litigation costs against the city — a strong deterrent against improper withholding. This fee-shifting provision was strengthened by Act 59 of 2011 (1 V.S.A. § 319(d)(1)), which changed the standard from discretionary to mandatory for substantially prevailing complainants.

Steps to Appeal

1. Contact the custodian informally: Before filing a formal appeal, call or email the Office of the Clerk/Treasurer at (802) 865-7000 to clarify whether the denial was a misunderstanding or to narrow the scope of your request.
2. File a formal written appeal to the head of the agency: Under 1 V.S.A. § 318(c), submit your appeal in writing to the head of the relevant city department or office (e.g., the City Clerk/Treasurer for Clerk's Office records). State the basis for your appeal and reference the original request date.
3. Await a written determination within five business days: The agency head must respond in writing within five business days, citing the statutory basis if the denial is upheld and notifying you of your right to judicial review under 1 V.S.A. § 319.
4. Treat missed deadlines as a denial: If the city fails to respond to your original request within three business days, or to your appeal within five business days, you are legally deemed to have exhausted administrative remedies and may proceed directly to court under 1 V.S.A. § 318(d)(2).
5. File a petition in Chittenden County Superior Court: Under 1 V.S.A. § 319(a), file suit in the Civil Division of the Chittenden County Superior Court to enjoin the city from withholding records and to order their production. PRA cases take precedence on the docket.
6. Seek attorney's fees if you substantially prevail: Under 1 V.S.A. § 319(d)(1), if you substantially prevail, the court must assess reasonable attorney's fees and litigation costs against the city. This provision makes it easier to find legal representation on a contingency basis.
7. Contact the Vermont Secretary of State's office for guidance: The Secretary of State is authorized under 1 V.S.A. § 318(g) to provide information and advice on PRA requirements to members of the public. This is a free, informal resource before or during any formal appeal.

Types of Records You Can Request from Burlington, Vermont

The City of Burlington maintains a wide variety of public records across its departments. Here is a non-exhaustive list of the types of records residents and journalists most commonly request from Burlington city government.

• City Council meeting minutes, agendas, and resolutions
• Mayor's Office correspondence, reports, and communications
• Burlington Police Department incident reports, use-of-force records, and officer disciplinary records
• City contracts, vendor agreements, and procurement documents
• Building permits, zoning variances, and code enforcement inspection records
• Property tax records and assessment data
• City budget documents, financial reports, and audit records
• Department of Public Works project files, contracts, and maintenance records
• Land records, deeds, and subdivision plats filed with the Clerk/Treasurer
• Planning and Development Review Board meeting records and permit applications
• Employee salary schedules and benefits records (individual salaries are public by statute)
• Burlington Water Department records, including inspection and compliance reports
• Grant applications and awards received by the city
• Emergency management plans and public safety records (subject to public safety exemptions)
• City election records, campaign finance disclosures, and voter rolls

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

Tips for Effective Public Records Requests in Burlington