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Cass County adopts ordinance updating open-meetings and public-records procedures to reflect state Sunshine Law changes
Summary
The commission unanimously approved Ordinance 26F06 to amend county code chapter 100 after county counsel explained recent changes to state law allowing advanced deposits to cover staff labor for large records requests; commissioners cited a recent multi-county records request as an example.
The Cass County Commission on April 29 adopted Ordinance 26F06 to amend county code chapter 100 on open meetings and public records to align with recent changes to the state Sunshine Law.
County counsel Paul Chesley explained that the General Assembly amended chapter 610 (the Sunshine Law), and the change allows a public entity to require an advanced deposit when a records requester files for information. "They made it clear that an advanced deposit can be required when somebody makes a request for records, and that deposit is not limited just to the photocopying expenses, but can cover the staff time needed to fulfill the request," Chesley said.
The chair said the change is timely because the clerk’s office recently received a large request for health-insurance records that was sent to multiple counties and would have required significant staff time to assemble. Under the revised local policy the county can seek a deposit up front for requests that will require extensive staff hours; according to the counsel, if a requester does not follow through the request can be deemed abandoned after the statutory period.
The ordinance was approved 3-0. Commissioners said they expect the policy will help the county recoup staff time spent fulfilling unusually large or complex public-records requests.
