Commission approves 50% price hike for open records requests

By Charlene Sims

info@linncountyjournal.com

MOUND CITY – The Linn County Commission on Monday, Dec. 29, approved on a split 2-to-1 vote a resolution that will make the cost for filing a request for county government information up to 50% more costly.

After discussion about a resolution that County Clerk Chasity Ware presented to the commissioners about increasing the hourly rate for Kansas Open Records Act (KORA) requests, Commissioner Jason Hightower moved to approve the resolution with Commission Chair Jim Johnson providing a second to the motion. Commissioner Alison Hamilton voted against the measure.

Ware told the commissioners that the only cost on the KORA that was increasing was the hourly rate for research and labor. She said everything else, the amount of copies and things like that would stay the same. This resolution will replace Resolution 2010-15.

“I am asking that you change the hourly rate from $20 to $30,” Ware said.

She explained this was from information from a survey that had gone across the state of Kansas which showed that most counties were increasing their rates.

Hamilton responded, “When we were at the conference, I mean, I heard a few counties, I mean, some of them, they don’t charge if it’s easy. Are you charging on everything? Are you charging on some or the easier KORA requests? Are you charging on every single thing?”

Ware answered, “I personally have not charged anything, but I’ve only had one request come in since I’ve taken office. But prior to that, there has been very little collected. I can’t give you an exact dollar amount, just from word of mouth within the office. Very little has been collected in order to do any of the KORA requests. And I will tell you that we have had to submit several documents to the state of Kansas that’s cost us over $25 per document to send to them alone.”

Hamilton asked, “So that’s outside of KORA because you’re saying you’ve only handled one?”

Ware repiied, “I’ve not even handled the one yet. They’ve just requested it. I’ve done my response. I need to dig into what they are looking for, but prior to me, they have collected very few funds in regards to and some of them were lengthy processes.”

Hamilton said, “But when the state requests it, we don’t get paid from the state. So, we’re just increasing it for our citizens, not the state.”

Linn County Counselor Jacklyn Paletta said “Some of the KORA requests are pretty research intensive, and so that’s the reason for the hourly rate, which is standard in other municipalities.”

“My opinion is there’s so much that should just be online for us to research ourselves,” Hamilton said, “and because we don’t do that for our citizens, I don’t feel the increase is necessary. I think that a lot of the information that is public knowledge isn’t provided and you have to ask for every single thing.

“The minutes aren’t always updated on the website. You know, planning and zoning minutes aren’t always posted. There’s missing documents, there’s so many things. We don’t have any accountability on our website yet. So, for me, I’m a no on increasing until we have public information already online.”

Paletta said, “My comments don’t pertain to the cost. I’m just sort of explaining the time. Some KORA requests are time intensive for the research to find the documents or the information that a person is looking for. Some are not research intensive and so therefore can be fulfilled rather easily.”

Johnson noted that some take employees away from their regular work.

Paletta replied, “Exactly, and so I think that’s why the statute as well as recommendations on the state website indicate that municipalities can charge a reasonable hourly rate in addition to a page rate because some requests are research intensive. As it pertains to the cost though I’m not offering an opinion about that.”

Ware replied to Hamilton’s statement,  “Ali, in regards to your question in regards to things that will be available on the website, I agree. An example would be like all the resolutions when they are approved. I feel like they should be available on our website because it is public knowledge and that is a request that we sometimes get is ‘Hey, can you get a resolution or signed document on such and such’. I personally feel the same. If we can get it on the website so it’s one less thing that we have to dig up for them. I don’t know why it can’t be out there as long as its public knowledge. So that’s my goal as well with the new website.”

Ware added, “But we do have some current KORA requests that I have right now that are going to take some time.”