Administrative Procedure 2.9
Procedure Title Public Records
Related Board Policy Policy Governance Chapter II Section A
General Executive Constraint
Policy Governance Chapter IV Section F
Board Organization and Officers
Policy Governance Chapter IV Section G
Board Meetings
Related Admin Procedures None
Adopted Date 11/12/2019
Effective Date 11/12/2019
Last Reviewed Date 11/12/2019
Implementation Process By Designated Public Records Person
 

I.  Definitions
A.  Designated Public Records Person is required by Wyoming Statute 16-4-202(e) and shall be  designated by the President pursuant to  CWC Procedure 2.2 Organization.
B.  Public Records is defined in Wyoming Statute 16-4-201(v) and includes any information in paper, electronic, or other physical form created, accepted, or obtained by CWC in furtherance of its official function and transaction of public business which is not privileged or confidential by law. 
II.  Procedure
A.  The college complies with Wyoming Statute (including 16-4-201 through 205: Public Records Act) and with federal laws (including 5 U.S. Code  §552) regarding the public’s right to access records except for documents exempt from disclosure.
B.  The college complies with the records retention schedule published by the Wyoming State Archives as authorized in Wyoming Statute 9-2-401 through 415: State Archives, Museums and Historical Departments.
C.  The Board of Trustees will set the cost for providing public records to any applicant as part of its annual adoption of non-academic fees.  The President will recommend fees to be equal to the then-current state fees as determined by the Wyoming State Department of Administration and Information. For any given request, the college will apply the fee schedule that is in place the day the public records request is received.
D.  The college will not release records that are privileged or confidential by law or may be otherwise denied inspection by law including but not limited to records protected by FERPA, HIPAA, and certain student emails contained in an email account provided by the college to the student that are protected by specific Wyoming statutes, unless otherwise ordered by a district court judge.
E.  The Designated Public Records Person for CWC will publish on the college’s public website and submit to the Wyoming Department of Administration and Information:
1.  The current name, business e-mail address and mailing address of the Designated Public Records Person; 
2.  The current fee schedule; and
3.  Instructions on how a person can make a Public Records request to inspect or receive a copy of any CWC public record.
F.  Once a request has been received, the Designated Public Records Person for CWC will:
1.  Send the applicant an acknowledgment letter or e-mail to document the date the records request was received;
2.  Work with the applicant  to completely and specifically determine the scope of the public records request;
3.  If there is a question about whether a specific request, or parts of a request, are exempt from disclosure, the decision will be made by the President in consultation with legal counsel;
4.  Forward the request to the custodian or authorized person having control of the public record;
5.  Determine with the applicant a schedule that is within the requirements of the law for which the college will produce the records:
a.)  If Central Wyoming College is not in possession of the public records sought, within seven (7) days of receipt of the public records request, the designated public records person shall notify the applicant and provide the name and contact information of the designated records person who may be in possession of the requested records;
b.)  If public records requested are in custody and control of Central Wyoming College and readily available, the record shall be released immediately but not later than 30 calendar days from the date of acknowledged receipt of the request; and,
6.  If copies of the records are requested:
a.)  Determine how those records will be transmitted to the applicant; and
b.)  Collect the copy fee, if any.


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Revision History: 
Adopted 7/30/2019 (Temporary Emergency by President)
Adopted 11/12/2019 (Permanent Adoption)