Public Records Law

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

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.

Legal Authority

§ 39-121.03. Request for copies, printouts or photographs; statement of purpose;

commercial purpose as abuse of public record; determination by governor;

§ 39-121.04. Public access to law enforcement records depicting certain

§ 39-122. Free searches for and copies of public records to be used in claims

§ 39-123.01. Personal identifying information of crime witnesses;

§ 39-126.01. Local government; telecommunications infrastructure records;

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

§ 39-128. Disciplinary records of public officers and employees; disclosure;

§ 39-142. Action for restoration and substitution of lost or destroyed documents

§ 39-143. Judgment of restoration; recording of judgment; judgment as

§ 39-144. Recording of certified copies of lost or destroyed records or records of

§ 41-151.14. State and local public records management; violation;

§ 41-151.16. Production and reproduction of records by agencies of the state and

Title 39, Chapter 1, 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

exempt by law. Additionally, records kept exclusively on photography,

film, microfiche, digital imaging or other type of reproduction or electronic

media as provided in section 41-151.16, subsection A are exempt from the

size restrictions of this section. On written application the director of the

Arizona state library, archives and public records may approve additional

exemptions from this section if based on such application the director finds

that the cost of producing a particular type of public record in accordance

with subsection A of this section is so great as to not be in the best interests

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

public records from deterioration, mutilation, loss or destruction, unless

disposed of pursuant to sections 41-151.15 and 41-151.19.

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 website to the

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

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5. "Eligible person" means a health professional, election officer, public

official, former public official, peace officer, spouse of a peace officer,

spouse or minor child of a deceased peace officer, border patrol agent,

justice, judge, commissioner, hearing officer, 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, employee of the department of child safety or employee of

protected under an order of protection or injunction against harassment.

6. "Former public official" means a person who was duly elected or

appointed to Congress, the legislature or a statewide office, who ceased

serving in that capacity and who was the victim of a dangerous offense

as defined in section 13 105 while in office.

7. "Health professional" means an individual who is licensed pursuant to

title 32, chapter 13, 15, 17, 19.1, 25 or 33.

8. "Hearing officer" means a hearing officer who is appointed pursuant to

section 28 1553.

9. "Judge" means a judge or former judge of the United States district

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15. "Public official" means a person who is duly elected or appointed to

congress, the legislature, a statewide office or a county, city or town

office.

§ 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

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

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§ 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, the victim’s attorney on behalf of the

victim 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 and

video recordings from the investigating law enforcement agency at no

prescribed in section 13-4401.

B. A victim of a delinquent act that is a part I crime under the statewide

uniform crime reporting program, the victim’s attorney on behalf of the

victim 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 and

video recordings 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

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B. This section does not:

1. Require disclosure of the home address, home telephone number or

photograph of any person who is protected pursuant to sections 39-123

and 39-124.

2. Limit the duty of a public body or officer to make public records open

to inspection and copying pursuant to this article.

recording. A county, a city, a town or any political subdivision this state may

take into consideration the following information when determining the amount

of the onetime fee per copy:

1. The reasonable cost of reviewing, transmitting, making a copy of and,

as necessary, redacting the video recording.

2. Any other relevant information.

Title 39, Chapter 1, Article 3 - Lost Records

§ 39-141. Proof of certain lost or destroyed documents or instruments

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§ 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.

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

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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.

This information shall be made available to the public on the website

maintained by the entity.

B. Except if the entity maintains a centralized online portal for submission of

public records requests that provides receipt on submission of a request, an

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§ 41-151. Definitions

In this article, unless the context otherwise requires:

1. "Director" means the director of the state library.

fees; records services fund

A. The director is responsible for preserving and managing records. In addition

to other powers and duties, the director shall:

1. Establish standards, procedures and techniques for effective

management of records.

2. Make continuing surveys of recordkeeping operations and recommend

improvements in current record management practices, including the

use of space, equipment and supplies employed in creating,

maintaining, storing and servicing records.

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3. Establish standards and procedures for preparing schedules that provide

for retaining records of continuing value and for prompt and orderly

disposal of records no longer possessing sufficient administrative, legal

or fiscal value to warrant their further keeping.

4. Establish criteria for designating essential records within the following

general categories:

(a) Records containing information necessary to the operations of

government in an emergency created by a disaster.

for administering this program.

7. Request transmittal of the originals of records produced or reproduced

by agencies of this state or its political subdivisions pursuant to section

41-151.16 or certified negatives, films or electronic media of such

originals, or both, if in the director's judgment such records may be of

historical or other value.

8. On request, assist and advise in the establishment of records

management programs in the legislative and judicial branches of this

state and provide program services similar to those available to the

executive branch of state government pursuant to this article.

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exempt from the provisions of section 35-190 relating to lapsing of

appropriations.

§ 41-151.13. Records management officer; duties

1. Through consultation and education, provide for an efficient and

contemporary records management program using modern techniques

to facilitate the efficient and economic creation, maintenance, control,

retention and disposition of records.

2. Operate a records management center for maintaining and housing

inactive nonarchival records. The records management center is the

only inactive records center operated by a state agency. State agencies

may use other facilities for inactive records storage with prior approval

of the director.

3. Establish standards and procedures for records accepted for storage.

quality, effectiveness and economy in the production of source

document micrographics and digital imaging.

(b) Processing and duplicating microfilm produced by the preservation

imaging operation and film produced by other agencies of this

state.

§ 41-151.14. State and local public records management; violation;

classification; definition

A. The head of each state and local agency shall:

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information to protect the rights of this state and of persons directly

affected by the agency's activities.

3. Submit to the director, in accordance with established standards,

schedules proposing the length of time each record series warrants

retention for administrative, legal or fiscal purposes after it has been

received by the agency.

4. Once every five years submit to the director lists of all essential public

records in the custody of the agency.

management program in an efficient and effective manner.

(b) Shall act as coordinator and liaison for the agency with the state

library.

7. Comply with rules, standards and procedures adopted by the director.

B. The governing body of each county, city, town or other political subdivision

shall promote the principles of efficient records management for local

public records. The governing body, as far as practicable, shall follow the

program established for managing state records. The director, on request of

the governing body, shall provide advice and assistance in establishing a

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employees of public officers and public bodies are also bound by the Public

Records Law.

records.

courts will look to federal case law concerning FOIA to assist them in resolving

5. Probate files, Henderson v. Las Cruces Prod. Credit Ass’n, 6 Ariz. App. 549,

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9. Books of accounts of municipalities, Ariz. Att’y Gen. Op. 56-8;

10. A county sheriff’s “offense report” of an assault by a prisoner in the county

6.4 Denying Public Inspection.

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public documents under Arizona public records law). A public body or public

officer may seek a declaratory judgment in cases in which it is unclear whether

or not disclosure is appropriate. See Arpaio v. Citizens Publ’g Co., 221 Ariz.

130, 211 P.3d 8 (App. 2008). Below are the three exemptions that may shield

certain public records from disclosure.

6.4.1 Records Confidential by Statute.

unauthorized persons); Loughner, 807 F. Supp. 2d at 835-36 (finding

authorization for prohibiting the release of the sheriff’s investigative file under

Local Crim. R. of Practice for the Dist. of Ariz. 57.2(f) because release would

pose a substantial threat to the defendant’s Sixth Amendment right to a fair

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“Privacy” is not defined under the Public Records Law. The Arizona Supreme

Court relied on the United States Supreme Court’s definition of privacy under

the federal Freedom of Information Act in finding that “information is ‘private if

it is intended for or restricted to the use of a particular person or group or class

of persons: not freely available to the public’” and “the privacy interest

encompasses ‘the individual’s control of information concerning his or her

person.’” Scottsdale Unified Sch. Dist., 191 Ariz. at 301, ¶ 14, 955 P.2d at 538

(quoting U.S. Dep’t of Justice v. Reporters Comm. for Freedom of the Press,

For example, a person has a privacy interest in his or her birth date. Id. at 301-

02, 955 P.2d at 538-39. State employees have a privacy interest in their home

addresses and phone numbers. Ariz. Att’y Gen. Op. I91-004. Although autopsy

public but “information which is not collected to serve as a memorial of an

official transaction or for the dissemination of information is private[.]” Indus.

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information would have an important and harmful effect on the duties of the

officials or agency in question.” Ariz. Bd. of Regents v. Phoenix Newspapers

balance the possible adverse impact on the operation of the public body if the

information in question is disclosed against the public’s right to be informed

about the operations of its government. Id. A public officer who determines that

the harm to the State outweighs the public right to disclosure of a document has

the burden of specifically demonstrating the harm if the decision is challenged in

In Arizona Board of Regents v. Phoenix Newspapers Inc., the Arizona Supreme

Court applied a balancing test and held that the public’s interest in ensuring the

privacy and the best interest of the state.” Id. (quoting Carlson, 141 Ariz. at 491,

687 P.2d at 1246); see also Phoenix Newspapers, Inc. v. Keegan, 201 Ariz. 344,

inconvenience in remedying that disclosure”); KPNX-TV v. Superior Court, 183

information protected by a common law privilege where release of the