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Oliver County to require cost estimates and deposits for large open-records requests
Summary
Auditor and county counsel recommended—and the board approved—sending cost estimates and, for requests that exceed an hour or involve many people, requiring payment prior to producing extensive records; the county will ask requesters to clarify overly broad requests.
The commission agreed to require cost estimates and deposits for large or broadly scoped open-records requests after staff described burdensome recent requests.
Auditor/staff (speaker 2) reviewed Attorney General forms and said locating and redaction time were the main cost drivers; the county’s recent estimate for a complex request approached $3,000. Staff recommended sending an estimate and requesting payment prior to extensive work. "The first hour for locating is free. The first hour for redacting is free," staff said, but added that locating across multiple custodians took far longer in a recent case. County counsel (speaker 4) said the statute and case law do not define a "reasonable time," and that the county could set pragmatic limits but should be cautious about rigid rules that invite litigation.
Commissioners voted to send estimates and, for requests that exceed an hour or require significant staff time, to require payment up front before staff will perform extensive locating and redaction work. The county will ask requesters to narrow vague requests and will consider withdrawals if requesters do not clarify within the specified time frame.
