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County attorney reworks FOIA procedure; committee holds draft for final edits
Summary
Butte‑Silver Bow County Attorney presented an updated draft FOIA/resolution that would centralize records requests in the County Attorney’s Office, add a 30‑day notice to requesters of estimated completion time and costs, and propose an initial acknowledgement; the committee voted to hold the communication in abeyance for final drafting.
The Butte‑Silver Bow County Attorney presented an updated draft policy and resolution to standardize how the county responds to Freedom of Information Act (FOIA) requests and asked the committee to review the revisions before final adoption. The committee voted to hold communication 2020579 in abeyance to allow one last round of edits.
The county attorney said, “once a request for records has been received, the Butte Silverberg County Attorney's Office will notify the individual making the request within 30 days of receiving the request of the estimated time required to complete the request and the costs associated with the request.” The draft also moves the intake and permanent storage of completed requests from the Clerk and Recorder’s Office to the County Attorney’s Office.
Committee members discussed two separate timeframes included in the draft: a 30‑calendar‑day timeline to provide an estimate of completion and costs, and a proposed 10‑day acknowledgment to confirm receipt. Commissioner Dan Callahan asked whether the 30 days were calendar or business days; the committee confirmed the draft intent was 30 calendar days. Commissioners also raised workload and cost concerns with using certified mail for acknowledgments, and suggested email should be a standard, low‑cost option. The county attorney said she will draft a standard notification form to be emailed or mailed depending on the requester’s preference.
Following questions and suggested edits, Chairwoman Michelle Shea moved and the committee seconded a motion to hold Communication 2020579 in abeyance so staff can incorporate the changes and return with a final draft.
