Ordinance committee recommends changes to fee policy
The Libby City Council’s ordinance committee will be suggesting changes to the proposed resolution regarding fees for public records access at tonight’s meeting. The resolution, number 1865, originally proposed a fee of 15 cents per copy for documents and $16.75 per hour for staff time spent researching and producing documents.
The proposal also required the use of a city-provided form for public document access and stipulated that any request not answered within one year would be considered denied.
At the ordinance committee meeting of Feb. 12, council members Bill Bischoff and Peggy Williams made two modifications to the proposal. Councilman Brent Teske, who also serves on the committee, was absent.
Councilman Bischoff requested the sentence containing the one-year expiration period be removed. “If we’re going to deny a request, we should just deny it, not let it sit there for a year,” he said. Councilwoman Williams agreed and the sentence was stricken from the proposed resolution.
The second change was to the section requiring a specific form for access to documents. The original proposal stated, “all requests to copy or inspect public documents held by the City of Libby must be made on a form provided by the City. Any request that is not made on the form will be denied.”
That requirement is a violation of Montana law, which was reported by The Western News in a story of Jan. 20. Montana Freedom of Information Hotline attorney Mike Meloy said, “A governmental entity can use a form, but if you refuse to fill out the form, they can’t deny the right to examine the documents.”
Under the new proposal, requests are required to be in writing, but no specific form is required.
The new proposal is on the agenda for tonight’s meeting, beginning at 7 p.m. at Libby City Hall.
Procedurally, this will be a first reading of the proposal and public comment will be allowed. A final vote on the resolution cannot take place until a second reading and final vote at a later date.