Cheyenne Newspapers, Inc., D/B/A Wyoming Tribune Eagle v. The Board of Trustees of Laramie County School District Number One, State of Wyoming
2016 WY 113
| Wyo. | 2016Background
- Cheyenne Newspapers, Inc. (Tribune‑Eagle) requested inspection of all school‑board‑related emails since Dec. 1, 2013; many board members used personal email accounts.
- Laramie County School District extracted emails (server searches, assistance to board members, compilation) and offered a CD of the results, charging $110 for staff time under its fee policy.
- Tribune‑Eagle sued for declaratory and injunctive relief, arguing the Public Records Act does not permit charging fees for inspection of electronic records when no copy was requested.
- Parties filed cross motions for summary judgment; the district court ruled for the School District.
- The Wyoming Supreme Court considered statutory interpretation of Wyo. Stat. §§ 16‑4‑202(d)(i) and 16‑4‑204(a)/(e), and whether labor/programming costs are recoverable.
Issues
| Issue | Plaintiff's Argument (Tribune‑Eagle) | Defendant's Argument (School Dist.) | Held |
|---|---|---|---|
| May a custodian charge when a requester frames the demand as inspection (not copying) for electronic records? | Inspection only — §16‑4‑204(a) forbids fees as a condition of making records available for inspection. | §16‑4‑202(d) treats “inspection and copying” together and allows charging when providing inspection requires producing a copy. | Court: Yes. If inspection of electronic records necessarily requires producing a copy, reasonable costs of producing that copy may be charged. |
| May a custodian include labor, programming, and computer services in fees for electronic record access? | Fees should be limited to direct duplication costs (disk/page); not labor or programming. | §16‑4‑202(d)(i) expressly contemplates “constructing the record” and “programming and computer services”; costs that are reasonable may be charged. | Court: Yes. Costs may include programming/computer services and other reasonable costs of producing a copy. |
Key Cases Cited
- Cont’l Western Ins. Co. v. Black, 361 P.3d 841 (Wyo. 2015) (summary judgment standard and de novo review of legal issues)
- Jones v. State, 132 P.3d 162 (Wyo. 2006) (statutes receive reasonable, practical construction)
- RT Communications v. State Bd. of Equalization, 11 P.3d 915 (Wyo. 2000) (“includes” construed as enlarging, not limiting)
- Seherr‑Thoss v. Teton County Bd. of County Com’rs, 329 P.3d 936 (Wyo. 2014) (avoiding statutory interpretations that produce absurd results)