Campbell County resident claims county's public records policy is illegal

GILLETTE — A county resident who has been involved in some large public records requests is claiming that the county’s new public records policy is illegal.

Jacob Dalby made a public records request in May that the county is saying cost $4407. Dalby questioned why he was singled out when there were nine other people who had signed the request, including Kimberly Glass Dalby, Terri Glass, Roger Glass, Josh Glass, Jeff Raney and Rodney Hopson.

Campbell County’s new policy was put in place to help departments recoup the costs, mostly in staff time, that it takes to complete some of these requests.

Under the policy, the first hour is free, but if a county employee has to spend more than one hour on the request, the person making the request will be charged $25 an hour.

“Since when is $25 an hour a reasonable fee to have copies made?” Dalby asked.

It doesn’t cost anything to just view the records, but if one wants copies, the county will charge 50 cents per copy.

“I don’t know where you guys are getting your paper and your ink, but I can go down to Sir Speedy’s and have a copy made for 10 cents,” Dalby said.

Community and Government Relations Coordinator Leslie Perkins said the 50 cents per copy matches the fee schedule the county clerk’s office has had for a few years.

Dalby said the policy is a violation of state law because the county is charging people for access to public records.

The request asked for public records from Jan. 1, 2018, through April 27, 2022. 

It was seeking “a complete breakdown of the names on each credit card issued, a copy of each receipt covering the purchases showing what was purchased by that holder, a printout of their purchases, who was in attendance and purpose of meeting,” from Jan. 1, 2018, to Jan. 1, 2021.

Additionally, it wanted “a complete cost breakdown for health benefits and retirement” for each commissioner from Jan. 1, 2021 to April 27, 2022, along with the county’s projected 10-year budget, a proposed five-year budget and a copy of a proposed one-year budget.

The request did ask that copies be made of some of the records.

State law says that in all cases in which a person has the right to inspect and copy any public records, he may request that he be furnished copies, printouts or photographs for a reasonable fee to be set by the official custodian.

When it comes to electronic records, “the reasonable costs of producing a copy of the public record shall be borne by the party making the request.”

These costs may include “producing a copy of the public record and the cost of constructing the record, including the cost of programming and computer services.”

It does not cost anything to just view the records, but the viewer must be supervised, per state statute.

Dalby disputed the claim that the county spent several months working on this policy.

Perkins said the county has been working on the policy on and off since 2016, and that it started getting serious about it in the last several months, with the county attorney’s getting a first draft in April.

“This is not something that we just threw together,” she said.

With the county moving to a new financial system, it will be able to complete records requests more quickly, Perkins said.

Other counties that have implemented the same system have noted that they’re able to get records requests completed in less time, because it’s easier to pull electronic records, Perkins said.

Rep. Bill Fortner, who put his name on the request, suggested the county should have an independent audit done to “find out where the corruption is at.”

“If you guys are violating law or policy, maybe it’s time we do an audit to find out where exactly we stand,” he said.

According to the county’s calculations, one clerk worked 41.5 hours, while four other employees put in between four and nine hours for this one request. It cost the county $1,856.89 in staff time, and $2551 for the 5201 copies that were made.

Dalby claimed these numbers are completely false.

“I just think they’re blatant lies,” he said, adding that the commissioners have a track record of “lying to the public.”

Perkins said the employees who worked on the request kept track of the time they spent on the task, and that there exists a record with that documentation.

The records that were requested had to be pulled out of storage, sorted through and copied, she added.

Fortner told the commissioners that they’re not above the law.

“Is the state above the law? Is the county above the law? Is the city above the law? Yes, they think they are, but they’re not, they’re accountable to the voters,” he said. “If any of you guys…think you’re king or queen and you can’t be replaced, you’re mistaken.”

Last week when asked about the policy, Commission Chairman Del Shelstad said most requests are reasonable, but that “a couple of bad apples ruin the whole crate.”

“You want to complain when people are asking questions, but it’s just fine when you’re going and spending our money yourselves,” Dalby said. “I guess if I’m a bad apple for asking questions, I’m fine with that.”