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Committee holds FOIA policy draft pending formal resolution from county attorney
Summary
The judiciary committee agreed to hold a proposed policy defining how the county responds to public records requests while asking the county attorney to prepare a resolution for formal introduction.
The Butte-Silver Bow County Judiciary Committee on June 25 voted to hold in abeyance a proposed policy and procedure for responding to Freedom of Information Act (FOIA) requests while the county attorney prepares a formal resolution.
Commissioner Michelle Shea asked County Attorney Matt Anruth to prepare the resolution; Anruth told the committee the draft attached to the agenda included a provision requiring staff to notify requesters within 10 days that the request had been received and was being processed, and a 30-day notification for whether additional time is needed.
Anruth said multiple timelines are typical: the committee would notify requesters within 10 days of receipt and provide a status within 30 days if more time is required to gather records such as large email sets. “Normal day-to-day business things such as contracts that are readily available … should be processed within the 30 days,” Anruth said.
Commissioner Dan Callahan asked for confirmation on the 30-day timeframe; Commissioner Hattie Thatcher asked whether the draft imposes penalties on the government for noncompliance. Anruth replied that penalties for government failure to comply are common in state statutes and that the draft’s provisions tracked those authorities. “If this isn't processed within the correct amount of time or at least being diligently done, [we] face those penalties,” Anruth said.
The committee moved to hold the communication in abeyance pending the county attorney’s formal resolution; the motion carried on voice vote. The committee also agreed commissioners may provide the public with copies of the draft while it is under development, noting state open-meeting laws and case law permit public access to draft documents.
No final ordinance or fee schedule was adopted at the June 25 meeting; the county attorney will prepare the resolution and return it for committee or council consideration.
