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Judiciary Committee debates FOIA policy draft: payment methods, tracking and response timelines under discussion
Summary
Committee members and County Attorney Anne Ruth debated a draft FOIA resolution that would set payment methods, time-tracking, and response timelines; members disagreed on how quickly requests should be fulfilled and whether to require checks versus broader payment options.
BUTTE — A proposed Butte-Silver Bow resolution to formalize the county’s response to Freedom of Information Act requests prompted a lengthy Judiciary Committee discussion on April 23, 2025 over payment methods, time tracking and realistic response timelines.
The committee considered a draft presented by County Attorney Anne Ruth, who said much of the draft language derived from state statute. Commissioners probed whether the draft should require payment by check or allow other payment forms; whether departments should track time spent fulfilling requests; and what a "reasonable" response timeframe should be when many county records remain unscanned.
Why it matters: The policy would govern how the county charges requesters for public records, how quickly requesters get acknowledgments and documents, and how the county manages a backlog — factors that affect transparency and public access.
What was discussed
- Payment form: The draft initially specified "check" for fee payment. Chair Michelle Shea asked whether the term should be broadened to "payment"; County Attorney Anne Ruth said she specified "check" to avoid debit/credit card complexities and noted that county staff must confirm how payments can be accepted. Ruth said she would accept changing the language to "payment in the form of cash or check" while the county evaluates online payment options.
- Refunds and review before payment: Commissioner Shea asked whether the county should review requests for releasability before collecting fees or provide refunds when requested information is later found to be nonreleasable. Anne Ruth said the draft language mirrors state statute and that costs incurred by the county may still be chargeable even if portions of the request turn out to be nonreleasable; she recommended keeping the statute-derived approach but agreed to clarify tracking.
- Time tracking and acknowledgment: The draft assigns departments to track time (currently done on an Excel spreadsheet). Commissioners asked for clearer direction on how time will be tracked and where that language should appear in the resolution; Ruth agreed it could be added to the subsection on cost determination.
- Response timelines: Commissioners differed sharply on timelines. Commissioner Bill Anderson urged faster initial replies (10 business days) and suggested modest overall fulfillment targets (7–10 days for straightforward requests). County Attorney Anne Ruth said many county records are on paper and that the county's current operational cadence produces response timelines of about 30–45 days; she recommended stating a 30-day target for providing an estimated timeline and committed to notifying requesters sooner that the request was received and assigned. Several commissioners agreed to an approach that requires an early acknowledgment and a county-provided timeline within 30 days, with monthly updates if needed.
Direct quotes
"The reason I specified a check is because if we say provide payment, that opens up the ability for debit credit card as well," County Attorney Anne Ruth said, explaining payment-form concerns.
"I would suggest 10 business days on that, if there's no opposition," Commissioner Bill Anderson said when proposing a quicker acknowledgment and interim timeline to requesters.
Next steps
Committee members agreed to revise the draft to use the phrase "city-county" where appropriate, add clearer language about time tracking (how departments record hours and costs), require an early acknowledgment to requesters, and include a provision for the county to provide an estimated timeline within 30 days. The committee agreed to reconvene after the Committee of the Whole to finalize language and to revisit timeframes once the county's backlog and any new document-management tools have been evaluated.
Ending
The Judiciary Committee deferred final action while staff and the county attorney incorporate edits on payment form, time tracking and timelines; the item will return to committee for further consideration.
