Judiciary committee asks county attorney to prepare edits to FOIA resolution

Madam Chair Shey reconvened the Silver Bow County judiciary committee to continue editing a draft Freedom of Information Act resolution and said the panel was at a point to ask the county attorney to prepare the recommended changes.

The committee did not take a vote on the draft. County Attorney said the edits would be placed in the document and that the committee would vote only after a fully edited, executable draft is returned. "I will edit the document as requested by you. And then once we have a fully edited document that's executable, then I believe you'll take your vote," the County Attorney said.

Committee members pressed the county attorney on how costs are calculated for public-records requests. Commissioner Thatcher asked whether email delivery would be less costly, saying, "So then on this request for public's form, they have the option by email. So it would be less if they choose email, correct?"

The County Attorney replied that state statute requires responses be provided in the most feasible way and that paper copies are included in that requirement. "It's the actual cost, which can be tedious at times," the County Attorney said, and added that actual costs account for staff time (for example, paralegals' hourly pay) plus the cost of paper. "My cost of paper that month could be 10¢ a page. It could be 12¢ a page depending on market fluctuation," the County Attorney said. The County Attorney also said electronic records often reduce or eliminate copy charges and cited the Full Court system used by the Clerk of District Court as an example of online access to court documents.

The committee directed the County Attorney to make the requested edits and return a finalized draft for a future vote; there was no formal motion or recorded vote on the FOIA draft during the reconvened session.