Arizona Ombudsman Office

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.

An officer is any person elected or appointed to hold office of a public body or any chief, administrative officer, head, director, superintendent or chairman of any public body. Public bodies include the state, counties, cities, towns, school districts, political subdivisions, or special taxing districts and any branch, department, board, bureau, commission, council, or committee thereof.

Records are defined as books, papers, maps, photographs, or other documentary materials regardless of physical form or characteristics, made or received by an governmental agency in pursuance of law or in connection with the transaction of public business and preserved by the agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of government. Examples of public records and other matters include calendars, reports, legal memoranda, policies and procedures, accident reports, training videos and materials, tape recordings of meetings where there are no written minutes, personnel records, case files, and data bases.

Every citizen in Arizona has the right to access public records upon request. Arizona Public Records Law specifically requires that public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours. Public agencies are required to promptly furnish the requested information. Access to a public record is deemed denied if a custodian fails to promptly respond.

It is best to request public records from the agency that owns or created the record. It is also advised to keep the scope of your request as narrow and specific as possible. Doing so will save time and expense for all parties.

For a list of many of the available websites go to links.

ARTICLE 1 - REQUIREMENTS FOR MATERIAL USED

39-101. Permanent public records; quality; storage; violation; classification

A. Permanent public records of the state, a county, city or town, or other political subdivision of the state, shall be transcribed or kept on paper or other material which is of durable or permanent quality and which conforms to standards established by the director of the Arizona state library, archives and public records.

B. Permanent public records transcribed or kept as provided in subsection A shall be stored and maintained according to standards for the storage of permanent public records established by the director of the Arizona state library, archives and public records.

C. A public officer charged with transcribing or keeping such public records who violates this section is guilty of a class 2 misdemeanor.

39-102. Annual report; copies

Unless otherwise specifically required by law, each agency, board, commission and department which prepares an annual report of its activities shall prepare and distribute as provided by law copies of such annual report on twenty pound bond paper printed with black ink except that the cover and back pages may be of sixty-five pound or less cover paper.

39-103. Size of public records; exemptions

A. All public records of this state or a political subdivision of this state created on paper, regardless of weight or composition, shall conform to standard letter size of eight and one-half inches by eleven inches, within standard paper manufacturing tolerances.

B. This section does not apply to public records smaller than eight and one-half inches by eleven inches, public records otherwise required by law to be of a different size, engineering drawings, architectural drawings, maps, computer generated printout, output from test measurement and diagnostic equipment, machine generated paper tapes and public records otherwise exempt by law. Upon written application the director of the Arizona state library, archives and public records may approve additional exemptions from this section if based upon such application the director finds that the cost of producing a particular type of public record in accordance with subsection A is so great as to not be in the best interests of this state.

ARTICLE 2 - SEARCHES AND COPIES

39-121. Inspection of public records

Public records and other matters in the custody of any officer shall be open to inspection by any person at all times during office hours.

39-121.01. Definitions; maintenance of records; copies, printouts or photographs of public records; examination by mail; index

A. In this article, unless the context otherwise requires:

1. "Officer" means any person elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman of any public body.

2. "Public body" means the state, any county, city, town, school district, political subdivision or tax-supported district in the state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency, supported in whole or in part by monies from the state or any political subdivision of the state, or expending monies provided by the state or any political subdivision of the state.

B. All officers and public bodies shall maintain all records, including records as defined in section 41-1350, reasonably necessary or appropriate to maintain an accurate knowledge of their official activities and of any of their activities which are supported by monies from the state or any political subdivision of the state.

C. Each public body shall be responsible for the preservation, maintenance and care of that body's public records, and each officer shall be responsible for the preservation, maintenance and care of that officer's public records. It shall be the duty of each such body to carefully secure, protect and preserve public records from deterioration, mutilation, loss or destruction, unless disposed of pursuant to sections 41-1347 and 41-1351.

D. Subject to section 39-121.03:

1. Any person may request to examine or be furnished copies, printouts or photographs of any public record during regular office hours or may request that the custodian mail a copy of any public record not otherwise available on the public body's web site to the requesting person. The custodian may require any person requesting that the custodian mail a copy of any public record to pay in advance for any copying and postage charges. The custodian of such records shall promptly furnish such copies, printouts or photographs and may charge a fee if the facilities are available, except that public records for purposes listed in section 39-122 or 39-127 shall be furnished without charge.

2. If requested, the custodian of the records of an agency shall also furnish an index of records or categories of records that have been withheld and the reasons the records or categories of records have been withheld from the requesting person. The custodian shall not include in the index information that is expressly made privileged or confidential in statute or a court order. This paragraph shall not be construed by an administrative tribunal or a court of competent jurisdiction to prevent or require an order compelling a public body other than an agency to furnish an index. For the purposes of this paragraph, "agency" has the same meaning prescribed in section 41-1001, but does not include the department of public safety, the department of transportation motor vehicle division, the department of juvenile corrections and the state department of corrections.

3. If the custodian of a public record does not have facilities for making copies, printouts or photographs of a public record which a person has a right to inspect, such person shall be granted access to the public record for the purpose of making copies, printouts or photographs. The copies, printouts or photographs shall be made while the public record is in the possession, custody and control of the custodian of the public record and shall be subject to the supervision of such custodian.

E. Access to a public record is deemed denied if a custodian fails to promptly respond to a request for production of a public record or fails to provide to the requesting person an index of any record or categories of records that are withheld from production pursuant to subsection D, paragraph 2 of this section.

39-121.02. Action on denial of access; costs and attorney fees; damages

A. Any person who has requested to examine or copy public records pursuant to this article, and who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body.

B. The court may award attorney fees and other legal costs that are reasonably incurred in any action under this article if the person seeking public records has substantially prevailed. Nothing in this paragraph shall limit the rights of any party to recover attorney fees pursuant to section 12-341.01, subsection C, or attorney fees, expenses and double damages pursuant to section 12-349.

C. Any person who is wrongfully denied access to public records pursuant to this article has a cause of action against the officer or public body for any damages resulting from the denial.

39-121.03. Request for copies, printouts or photographs; statement of purpose; commercial purpose as abuse of public record; determination by governor; civil penalty; definition

A. When a person requests copies, printouts or photographs of public records for a commercial purpose, the person shall provide a statement setting forth the commercial purpose for which the copies, printouts or photographs will be used. Upon being furnished the statement the custodian of such records may furnish reproductions, the charge for which shall include the following:

1. A portion of the cost to the public body for obtaining the original or copies of the documents, printouts or photographs.

2. A reasonable fee for the cost of time, materials, equipment and personnel in producing such reproduction.

3. The value of the reproduction on the commercial market as best determined by the public body.

B. If the custodian of a public record determines that the commercial purpose stated in the statement is a misuse of public records or is an abuse of the right to receive public records, the custodian may apply to the governor requesting that the governor by executive order prohibit the furnishing of copies, printouts or photographs for such commercial purpose. The governor, upon application from a custodian of public records, shall determine whether the commercial purpose is a misuse or an abuse of the public record. If the governor determines that the public record shall not be provided for such commercial purpose the governor shall issue an executive order prohibiting the providing of such public records for such commercial purpose. If no order is issued within thirty days of the date of application, the custodian of public records shall provide such copies, printouts or photographs upon being paid the fee determined pursuant to subsection A.

C. A person who obtains a public record for a commercial purpose without indicating the commercial purpose or who obtains a public record for a noncommercial purpose and uses or knowingly allows the use of such public record for a commercial purpose or who obtains a public record for a commercial purpose and uses or knowingly allows the use of such public record for a different commercial purpose or who obtains a public record from anyone other than the custodian of such records and uses it for a commercial purpose shall in addition to other penalties be liable to the state or the political subdivision from which the public record was obtained for damages in the amount of three times the amount which would have been charged for the public record had the commercial purpose been stated plus costs and reasonable attorney fees or shall be liable to the state or the political subdivision for the amount of three times the actual damages if it can be shown that the public record would not have been provided had the commercial purpose of actual use been stated at the time of obtaining the records.

D. For the purposes of this section, "commercial purpose" means the use of a public record for the purpose of sale or resale or for the purpose of producing a document containing all or part of the copy, printout or photograph for sale or the obtaining of names and addresses from public records for the purpose of solicitation or the sale of names and addresses to another for the purpose of solicitation or for any purpose in which the purchaser can reasonably anticipate the receipt of monetary gain from the direct or indirect use of the public record. Commercial purpose does not mean the use of a public record as evidence or as research for evidence in an action in any judicial or quasi-judicial body.

39-122. Free searches for and copies of public records to be used in claims against United States; liability for noncompliance

A. No state, county or city, or any officer or board thereof shall demand or receive a fee or compensation for issuing certified copies of public records or for making search for them, when they are to be used in connection with a claim for a pension, allotment, allowance, compensation, insurance or other benefits which is to be presented to the United States or a bureau or department thereof.

B. Notaries public shall not charge for an acknowledgment to a document which is to be so filed or presented.

C. The services specified in subsections A and B shall be rendered on request of an official of the United States, a claimant, his guardian or attorney. For each failure or refusal so to do, the officer so failing shall be liable on his official bond.

39-123. Information identifying eligible persons; confidentiality; definitions

A. Nothing in this chapter requires disclosure from a personnel file by a law enforcement agency or employing state or local governmental entity of the home address or home telephone number of eligible persons.

B. The agency or governmental entity may release the information in subsection A of this section only if either:

1. The person consents in writing to the release.

2. The custodian of records of the agency or governmental entity determines that release of the information does not create a reasonable risk of physical injury to the person or the person's immediate family or damage to the property of the person or the person's immediate family.

C. A law enforcement agency may release a photograph of a peace officer if either:

1. The peace officer has been arrested or has been formally charged by complaint, information or indictment for a misdemeanor or a felony offense.

2. The photograph is requested by a representative of a newspaper for a specific newsworthy event unless:

(a) The peace officer is serving in an undercover capacity or is scheduled to be serving in an undercover capacity within sixty days.

(b) The release of the photograph is not in the best interest of this state after taking into consideration the privacy, confidentiality and safety of the peace officer.

D. This section does not prohibit the use of a peace officer's photograph that is either:

1. Used by a law enforcement agency to assist a person who has a complaint against an officer to identify the officer.

2. Obtained from a source other than the law enforcement agency.

E. This section does not apply to a certified peace officer or code enforcement officer who is no longer employed as a peace officer or code enforcement officer by a state or local government entity.

F. For the purposes of this section:

1. "Code enforcement officer" means a person who is employed by a state or local government and whose duties include performing field inspections of buildings, structures or property to ensure compliance with and enforce national, state and local laws, ordinances and codes.

2. "Commissioner" means a commissioner of the superior court.

3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.

4. "Eligible person" means a peace officer, justice, judge, commissioner, public defender, prosecutor, code enforcement officer, adult or juvenile corrections officer, corrections support staff member, probation officer, member of the board of executive clemency, law enforcement support staff member, national guard member who is acting in support of a law enforcement agency, person who is protected under an order of protection or injunction against harassment, firefighter who is assigned to the Arizona counterterrorism center in the department of public safety or victim of domestic violence or stalking who is protected under an order of protection or injunction against harassment.

5. "Judge" means a judge of the United States district court, the United States court of appeals, the United States magistrate court, the United States bankruptcy court, the Arizona court of appeals, the superior court or a municipal court.

6. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.

7. "Law enforcement support staff member" means a person who serves in the role of an investigator or prosecutorial assistant in an agency that investigates or prosecutes crimes, who is integral to the investigation or prosecution of crimes and whose name or identity will be revealed in the course of public proceedings.

8. "Peace officer" has the same meaning prescribed in section 13-105.

9. "Prosecutor" means a county attorney, a municipal prosecutor, the attorney general or a United States attorney and includes an assistant or deputy United States attorney, county attorney, municipal prosecutor or attorney general.

10. "Public defender" means a federal public defender, county public defender, county legal defender or county contract indigent defense counsel and includes an assistant or deputy federal public defender, county public defender or county legal defender.

39-124. Releasing information identifying an eligible person; violations; classification; definitions

A. Any person who is employed by a state or local government entity and who, in violation of section 39-123, knowingly releases the home address or home telephone number of an eligible person with the intent to hinder an investigation, cause physical injury to an eligible person or the eligible person's immediate family or cause damage to the property of an eligible person or the eligible person's immediate family is guilty of a class 6 felony.

B. Any person who is employed by a state or local government entity and who, in violation of section 39-123, knowingly releases a photograph of a peace officer with the intent to hinder an investigation, cause physical injury to a peace officer or the peace officer's immediate family or cause damage to the property of a peace officer or the peace officer's immediate family is guilty of a class 6 felony.

C. For the purposes of this section:

2. "Commissioner" means a commissioner of the superior court.

3. "Corrections support staff member" means an adult or juvenile corrections employee who has direct contact with inmates.

6. "Justice" means a justice of the United States or Arizona supreme court or a justice of the peace.

8. "Peace officer" has the same meaning prescribed in section 13-105.

39-125. Information relating to location of archaeological discoveries and places or objects included or eligible for inclusion on the Arizona register of historic places; confidentiality
Nothing in this chapter requires the disclosure of public records or other matters in the office of any officer that relate to the location of archaeological discoveries as described in section 41-841 or 41-844 or places or objects that are included on or may qualify for inclusion on the Arizona register of historic places as described in section 41-511.04, subsection A, paragraph 9. An officer may decline to release this information if the officer determines that the release of the information creates a reasonable risk of vandalism, theft or other damage to the archaeological discoveries or the places or objects that are included on or may qualify for inclusion on the register. In making a decision to disclose public records pursuant to this section, an officer may consult with the director of the Arizona state museum or the state historic preservation officer.

39-126. Federal risk assessments of infrastructure; confidentiality
Nothing in this chapter requires the disclosure of a risk assessment that is performed by or on behalf of a federal agency to evaluate critical energy, water or telecommunications infrastructure to determine its vulnerability to sabotage or attack.

39-127. Free copies of police reports and transcripts for crime victims; definitions

A. A victim of a criminal offense that is a part I crime under the statewide uniform crime reporting program or an immediate family member of the victim if the victim is killed or incapacitated has the right to receive one copy of the police report from the investigating law enforcement agency at no charge and, on request of the victim, the court or the clerk of the court shall provide, at no charge, the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary for the purpose of pursuing a claimed victim's right.

B. For the purposes of this section, "criminal offense", "immediate family" and "victim" have the same meanings prescribed in section 13-4401.

ARTICLE 3 - LOST RECORDS

39-141. Proof of certain lost or destroyed documents or instruments
Any deed, bond, bill of sale, mortgage, deed of trust, power of attorney or conveyance which is required or permitted by law to be acknowledged or recorded which has been so acknowledged or recorded, or any judgment, order or decree of a court of record in this state or the record or minute containing such judgment, which is lost or destroyed, may be supplied by parol proof of its contents.

39-142. Action for restoration and substitution of lost or destroyed documents
Upon loss or destruction of an instrument as indicated in section 39-141, a person interested therein may bring an action in the superior court of the county where the loss or destruction occurred for restoration and substitution of such instrument against the grantor in a deed, or the parties interested in the instrument, or the parties who were interested adversely to plaintiff at the time of the rendition of judgment, or who are then adversely interested, or the heirs and legal representatives of such parties.

39-143. Judgment of restoration; recording of judgment; judgment as substitute for original instrument
A. If upon the trial of the action provided for in section 39-142, the court finds that such instrument existed, and has been lost or destroyed and determines the contents thereof, it shall enter a judgment containing the finding and a description of the lost instrument and contents thereof.
B. A certified copy of the judgment may be recorded, and shall be substituted for and have the same force and effect as the original instrument.

39-144. Recording of certified copies of lost or destroyed records or records of a former county
Certified copies from a record of a county, the record of which has been lost or destroyed, and certified copies from records of the county from which a new county was created, may be recorded in such county when the loss of the original has been first established.

39-145. Re-recording of original papers when record destroyed
When the original papers have been preserved but the record thereof has been lost or destroyed, they may again be recorded within four years from the loss or destruction of such record. The last registration shall have force and effect from the date of the original registration.

ARTICLE 4 - FALSE INSTRUMENTS AND RECORDS

39-161. Presentment of false instrument for filing; classification
A person who acknowledges, certifies, notarizes, procures or offers to be filed, registered or recorded in a public office in this state an instrument he knows to be false or forged, which, if genuine, could be filed, registered or recorded under any law of this state or the United States, or in compliance with established procedure is guilty of a class 6 felony. As used in this section "instrument" includes a written instrument as defined in section 13-2001.

1. Public Records Law Booklet (pdf)
2. AZ Agency Handbook - Chapter 6 http://www.azag.gov/Agency_Handbook/CHAPTER%206.pdf
3. Attorney General Opinions: 1999 to present - http://www.azag.gov/opinions/
4. Attorney General Opinions prior to 1999 - http://azmemory.lib.az.us/cdm4/index.php?CISOROOT=/agopinions
5. Public Access Newsletter - August 2008 (pdf)
6. Public Access Newsletter - July 2008 (pdf)

Public Record Requests 101:
The 7 steps to obtaining public records.

Step 1: First you need to determine what records you want to inspect. Remember, you are requesting specific documents rather than general information. It is helpful to make your request as specific as possible.

Step 2: Next you must determine who maintains custody of the records you want to inspect. Requests to inspect public records should be directed to the public "officer" who maintains custody of the records. It is wise to first check the agency’s web site and look for a request form or contact the public body directly. For help locating the custodian for specific types of records go to http://www.lib.az.us/records/access.cfm.

Step 3: Do your research. Collect as much information as you can from search engines and web sites. Our website might be helpful. Go to www.azoca.gov and click on public records and then links.

If you do not have access to a computer or the Internet, look in the front of the phone book for government listings.

Step 4: Once you have determined what records you want to inspect and where they are located, you must request the public records. The Arizona Public Records Law no longer requires the submission of a written request for "non-commercial" matters. If an oral request is denied, however, you should submit a written request for access to the documents to the head of the public body involved. The request should be drafted narrowly, identifying the documents to be inspected with as much precision as possible.

Step 5: Wait for a response. The custodian of the public record is obligated to promptly furnish the requested records. What constitutes prompt will depend on what is reasonable under the circumstances. Some requests will require greater time for the custodian of the records to review and determine whether certain information should be deleted from the records. If the turnaround time is not set forth on the public records request form, ask how long it is anticipated to take. Regardless, call after a week to verify that they did in fact receive and process your request.

Step 6: Should your request be denied, you may appeal the denial through a special action in the superior court. But first, you might consider contacting the Arizona Ombudsman – Citizens’ Aide for assistance. The Ombudsman is statutorily authorized to investigate complaints relating to public access laws, request testimony or evidence, issue subpoenas, conduct hearings, make recommendations, and report misconduct.

Step 7: Last resort. You decide to take it to court and lose. If that’s the case, the denial of access through a special action may be pursued in the Court of Appeals or Arizona Supreme Court in the appropriate circumstances.

Welcome to the Arizona Ombudsman's resource for public record information. Here you will find web links to public record forms and information for many of the public bodies throughout Arizona.

We encourage any comments and suggestions you have about these pages. If you are associated with a public entity of the state and would like your organization to be included, please e-mail your information to ombuds@azoca.gov or call us at (602) 277-7292 or (800) 872-2879.

To begin, please choose state, county, or city/town to find the information you are looking for.

State
Supreme Court of Arizona
City/Town
County

Statutes
A.R.S.§ 39-128 added by Laws 2008, Ch. 277, § 1:
*Requires a public body to maintain all records that are reasonably necessary or appropriate to maintain an accurate knowledge of disciplinary actions, including employee responses to all disciplinary actions, involving public officers or employees of a public body.
*Stipulates that the records shall be open to inspection and copying, unless inspection or disclosure of the records or information is specifically prohibited pursuant to statute.
*Clarifies that the personal identifying information of any eligible person pursuant to A.R.S. § 39-123 and 124 (mainly law enforcement and other eligible persons) is still protected from disclosure pursuant to law.

The 2008 Legislation will take effect September 26, 2008.

A.R.S. §§ 39-123 and -124 amended by Laws 2007, Ch. 141, §§ 7 and 8:
*Grants the following persons the same protection granted peace officers, justices, judges, commissioners, public defenders, prosecutors, and code enforcement officers: adult or juvenile corrections officers, corrections support staff members, probation officers, members of the board of executive clemency, law enforcement support staff members, national guard members acting in support of a law enforcement agency, persons protected under an order of protection or injunction against harassment, firefighters assigned to the Arizona counterterrorism center in the department of public safety, and victims of domestic violence or stalking who are protected under an order of protection or injunction against harassment.
*Defines corrections support staff member, eligible person, law enforcement support staff member, and peace officer.

A.R.S. §39-127 amended by Laws 2007, Ch. 290, § 11:
*Requires, on request of the victim, the court to provide to the victim or immediate family member, if the victim is killed or incapacitated, a free copy of a case transcript arising out of the offense committed against the victim for the purposes of litigation or representation of a victim's right.

The 2007 Legislation took effect September 19, 2007.

Case Law

Phoenix New Times, LLC and John Dougherty v. Joseph M. Arpaio, 217 Ariz. 533, 177 P.3d 275 (Ariz. App. Div. 1, 2008)(review pending)
Issue: When public records have been requested from a public body who bears the burden of demonstrating whether the response was "prompt" as mandated by statute?
Click here to read the full opinion

West Valley View, Inc. v. Maricopa County Sheriff's Office, 216 Ariz. 225, 165 P.3d 203 (Ariz. App. 1 2007)(review denied)
Issues:
1. Under the Arizona Public Records Law, A.R.S. § 39-121.01, did the superior court correctly order the Maricopa County Sheriff's Office to provide hard copies of press releases on an ongoing basis to the West Valley View newspaper on the same day the Sheriff distributes press releases to the many news media members on his e-mail distribution list?
2. Did the superior court correctly deny the newspaper's request for attorney's fees?
Click here to read the full opinion

Phoenix Newspapers, Inc. v. Ellis, 215 Ariz. 268, 159 P.3d 578 (Ariz. App. Div. 1 2007)
Issue: Whether a notice of claim filed with a school district is a public record subject to disclosure under Arizona's public records law.
Click here to read the full opinion

Griffis v. Pinal County, 215 Ariz. 1, 156 P.3d 418 (Ariz. 2007)
Issue: Whether purely personal e-mails generated or maintained on a government e-mail system are, as a matter of law, public records under Arizona's public record laws.
Click here to read the full opinion

Will the Ombudsman's Office tell me where to find the records or get the records for me?
No. The Ombudsman's Office does not locate or request records for you. For some information on where to obtain various types of records go to http://www.lib.az.us/records/access.htm. To obtain records, you must contact the public body that you believe maintains the record and make a request.

What are public records?
Everything created or received by a government agency or employee that relates to public business or was made or received in the course of business (even if on personal computers) - with rare exceptions. This includes all books, papers, maps, photographs or documentary materials, regardless of physical form or characteristics, including prints or copies of such items produced or reproduced on film or electronic media made or received by any governmental agency in pursuance of law or in connection with the transaction of public business. A.R.S. §§ 39-121.01(B) and 41-1350.

What public records are available to the public?
All public records are available for inspection unless they are confidential by law (statute, rule, or privilege), privacy interests outweigh the public's right to know, or disclosure is not in the best interest of the state.

Who must disclose records?
Any person elected or appointed to hold any elective or appointive office of any public body and any chief administrative officer, head, director, superintendent or chairman of any public body. A.R.S. § 39-121.01(A)(1). A public body includes the state, any county, city, town, school district, political subdivision or tax-supported district in the state, any branch, department, board, bureau, commission, council or committee of the foregoing, and any public organization or agency, supported in whole or in part by monies from the state or any political subdivision of the state, or expending monies provided by the state or any political subdivision of the state. A.R.S. § 39-121.01(A)(2).

Do I have to tell the public body why I want the record?
You are not required to state the purpose for the record or the reason you want the record. The public body may ask whether the public records will be used for a commercial or non-commercial purpose. If the requester states that it is for a non-commercial purpose, the inquiry should end there.

What is a commercial purpose?
A commercial purpose is: 1) when the record will be used for sale or resale, 2) obtaining names and addresses for purpose of solicitation, or 3) sale of names and addresses for the purpose of solicitation or any other purpose in which the purchaser can reasonable anticipate monetary gain. A.R.S. § 39-121.03.
This does not include the use of public records as evidence or research for evidence in an action. It also does not include newsgathering.

Is there a fee to inspect records?
No, inspection is free. A person is entitled to inspect a record without receiving a copy. You may also make notes from the record and take them with you.

Can the public body charge me for copies?
Yes. A.R.S. §§ 39-121.01. The cost will depend on whether the records will be used for a commercial or non-commercial.
A person requesting copies for a non-commercial purpose may be charged a copying fee, which includes a reasonable amount of the cost of time, equipment, and personnel used in producing copies. A.R.S. § 39-121.01(D)(1). The public body may not charge for the cost of searching the records. Hanania v. City of Tucson, 128 Ariz. 135, 624 P.2d 332 (Ct. App. 1980); Ariz. Att'y Gen. Op. I86-090. The public body also cannot charge for inspection of the record, labor, redaction, overhead costs, or any fee to examine or review a record to determine whether the record is disclosable.
If a record will be used for commercial purposes the public body may impose a higher fee based on the following: 1) portion of the cost to the public body for obtaining the record, 2) a reasonable fee for the cost of time, materials, equipment, and personnel in reproducing the record, and 3) the value of the reproduction on the commercial market as best determined by the public body. A.R.S. § 39-121.03(A).
Free copies must be provided for: 1) a claim for a pension, allotment, allowance, compensation, insurance or other benefits which are to be presented to the United States or a bureau or department thereof and 2) police reports for victim or family member as well as a copy of the minute entry or portion of the record of any proceeding in the case that arises out of the offense committed against the victim and that is reasonably necessary for the purpose of pursing a claimed victim's right. A.R.S. §§ 39-122(A) and -127

May a public body impose a fee for redacting confidential information?
No. A public body may not charge for inspection of documents. This applies even if the public body must redact information before making the records available for inspection.

If requesting a public record for newsgathering purposes is not a commercial purpose, what about requesting mailing lists to sell newspapers?
Requesting a mailing list to sell newspapers is a commercial purposes and the public body may impose additional fees.

How long does the public body have to provide the records requested?
The law requires prompt disclosure. A.R.S. § 39-121.01(D)(1). What constitutes prompt depends on what is reasonable under the circumstances. Criteria that will be taken into account include: the agency's resources, the nature of the request, the content of the records (particularly whether information must be redacted), and the location of the records (for instance, whether the records are stored off site). That said, mere inconvenience does not justify delay. The Arizona Court of Appeals recently applied the Webster's Dictionary definition, which defines prompt as "quick to act or to do what is required" or "done, spoken, etc., at once or without delay."
Of course, records should be provided as they become available.
Also, keep in mind that some public bodies are required by statute to provide records within a specifically stated period of time.

Can the public agency withhold a record because some of the information is precluded from disclosure?
No. The public body is required to separate or redact the parts of the record that are precluded from disclosure and provide the rest.

Does the public body have to tell me why they are withholding a record?
Yes. The public body must provide a legal basis for not disclosing a record. In addition, upon request state agencies, with a few exceptions, are required to provide an index of each record withheld and a reason for withholding that record. A.R.S. § 39-121.01(D)(2).

Does the legislative privilege apply to public records?
Yes. The legislative privilege shields from disclosure documentation reflecting legislative acts or communications about that act. A legislative act is an act that reflects a discretionary, policymaking decision that may have prospective implications; for instance, the creation of administrative rules to implement legislative policies. The privilege may be asserted by a public official who acts in a legislative capacity regardless of his or her particular location within government.

How long must a public body keep public records?
It depends on the record. Every public body is required to have and follow a retention and disposition schedule. A.R.S. § 41-1346(A). Records are organized into record series and their retention period is determined by Arizona State Library, Archives, and Public Records.

Are e-mails sent or received by public officials, public bodies, and government employees public record?
It depends. While the presumption is that everything created or received on office time with office equipment constitutes a public record, the nature and purpose of the document determine its status as a public record. The Supreme Court has recently concluded that purely personal e-mail, that has no relationship to official duties, is not automatically a public record just because it was on a government computer and e-mail system. That said, e-mails sent or received by a public official or public employee regarding public business constitute public records regardless of the e-mail account. This includes e-mails sent from or received by personal and other non-government e-mail systems or accounts.

How long must public bodies and public officers retain e-mail?
E-mail is destroyed once its retention period expires. E-mail, however, is not in and of itself a "record series". It is a medium by which records are transmitted and therefore, its retention depends on the classification of the e-mail. Therefore, it must first be determined what type of record it is depending on its subject, content, and attachments. Common e-mail record series include: administrative correspondence, general correspondence, and transitory information (i.e. junk mail).
E-mails are also often stored on the server backup tapes for a period of time after the back up is run. Records that exist on back up tapes must be restored and retrieved in response to a public records request.
Like any other public record, if an e-mail is kept after its retention period has expired, it must still be furnished in response to a public records request. It may not be destroyed once a request is made.

I requested copies of public records and cannot afford the copying fee. Must the public body waive the copying fee if it causes financial hardship?
No. The law permits public bodies to impose a copying fee and does not require a waiver for financial hardship. That said, public bodies are not required to impose a charge for copies.

Do the Anti-Identification Statutes (A.R.S. §§ 41-4151, -4171, and -4172) affect the type of personal identifying information that may be redacted from public records?
No. The legislation adds nothing new to the existing public records law and provides no guidance as to redaction of personal identifying information contained in public records. While government agencies are required to develop procedures to protect entity and personal identifying information from hacking of electronic data and unauthorized access or change to the data, they should continue to apply existing public records principles when this information is contained in a public record. In other words, if entity and personal identifying information is contained in a public record it is presumptively subject to disclosure. Redaction or withholding of information should only occur when the information is deemed confidential by statute or where privacy interests or best interests of the state prevail and trump the public's right to know.

Does Arizona's public records law require government entities to comply with on-going public record requests?
Possibly. In the recent opinion, West Valley View, Inc. v. Maricopa County Sheriff's Office, 216 Ariz. 225, 165 P.3d 203 (Ariz. App. 1 2007), the Arizona Court of Appeals concluded that nothing in A.R.S. § 39-121.01(D) precludes an ongoing request for disclosure of a narrowly defined, clearly identifiable category of to-be-created documents that the public agency concedes are public records.

Were there any 2007 new amendments to Arizona's Public Records Law?
Yes. A.R.S. §§ 39-123 and -124 grant adult or juvenile corrections officers, corrections support staff members, probation officers, members of the board of executive clemency, law enforcement support staff members, national guard members acting in support of a law enforcement agency, persons protected under an order of protection or injunction against harassment, firefighters assigned to the Arizona counterterrorism center in the department of public safety, and victims of domestic violence or stalking who are protected under an order of protection or injunction against harassment the same protection granted peace officers, justices, judges, commissioners, public defenders, prosecutors, and code enforcement officers.
A.R.S. § 39-127 requires, on request of the victim, the court to provide to the victim or immediate family member, if the victim is killed or incapacitated, a free copy of a case transcript arising out of the offense committed against the victim for the purposes of litigation or representation of a victim's right.