Cost To Obtain Public Records Varies Widely Across SD
SIOUX FALLS, S.D. (AP) — Before 2009, all government records in South Dakota were considered confidential except for documents that agencies were required to keep. With the Legislature’s nearly six-year-old law that opened most records to public inspection, progress has come with a price — literally — that some consider reasonable and others think is excessive.
South Dakota law provides that “a reasonable fee may be charged” for the production and copying of requested records. But the law does not include guidance as to what may be considered reasonable.
“The issue is always affordable access,” Attorney General Marty Jackley said, describing the current concept of reasonable charge as “almost too subjective.” He added that “not having any law giving direction other than it has to be a reasonable cost” creates a challenge when addressing concerns from the media and the general public.
Nationwide, the public’s right to see government records is coming at an increasing price, as authorities set fees and hourly charges that often prevent information from flowing. Such costs are a growing threat to expanding openness at all levels of government, a cornerstone of Sunshine Week, which celebrates its 10th anniversary beginning March 15.
A task force called by South Dakota Gov. Dennis Daugaard and Jackley in 2012 studied the state’s open records and open meetings laws. Some of the panel’s recommendations were adopted, but the task force did not define the amount of a reasonable fee.
And since many kinds of documents — such as records of emails and telephone calls of public officials — are still confidential, part of those fees pay for research time that government attorneys have to spend in determining whether a record is public under state law, said South Dakota Newspaper Association general manager David Bordewyk.
Bordewyk said requesters in South Dakota in some instances have been asked to pay between $25 and $75 dollars an hour just so an attorney can decide if the record can be released. He added that high fees do end up discouraging some people from seeking government records.
“I wouldn’t say that I’ve seen necessarily seen an increase in costs to get copies of records, but I’ve seen inconsistencies in terms of how government charges for copies or government records or access to government records,” Bordewyk said.
