A denial
Written, timely, cites an exemption. Reviewable — you can challenge the exemption.
If your request is refused
A denial is not the end of the process, and silence is not a denial. Both have a next step.
What a lawful denial looks like
Under Chapter 42, a denial must be in writing, must cite the specific exemption relied on, and must be issued within the five business day deadline or a properly noticed extension.
A denial that says only “this record is not public” is not compliant. You are entitled to know which exemption, and a municipality that cannot name one usually does not have one.
Where only part of a record is exempt, the municipality must release the rest with the exempt portion redacted. “Some of it is confidential” is not a basis for withholding all of it.
The three outcomes people mistake for each other
A partial release
You receive the record with portions blacked out. The municipality should state the exemption for each redaction.
Silence
No response within five business days and no written extension. This is not a denial; it is a failure to respond, and it is treated more seriously than a denial you disagree with.
What to do
01
1. Ask the clerk directly, once
A surprising proportion of apparent denials are misunderstandings about which office holds the record, or a request that went to a general inbox nobody monitors. One plain email resolves most of them.
02
2. Put the deficiency in writing
“Your response does not cite an exemption as Chapter 42 requires. Please provide the exemption relied on, or the record.” Dated, keep a copy.
03
3. Escalate within the municipality
The administrator, the mayor, or the governing body. Chapter 42 compliance is a municipal obligation, not the clerk’s personal one, and the people who can direct release are usually above the clerk.
04
4. Beyond the municipality
Chapter 42 provides for judicial review. That is a matter for your own legal advice — CAMRO cannot advise requesters and does not adjudicate disputes between residents and municipalities.
What CAMRO can and cannot do
We train clerks. We do not referee.
CAMRO is the professional association for Clearwater’s clerks. We publish the model response letters, run the training that keeps a denial from becoming a lawsuit, and answer questions from members.
We have no authority over any municipality, cannot order a record released, and cannot act on your behalf. If a clerk has handled your request badly, the remedy sits with the municipality and the courts.
What we can tell you is what the law requires, which is what the rest of this section is for.