Arkansas lawmaker: Fees for public records would limit scope

Charging for public documents that people request would limit the scope of broad requests and save state agencies time and money, state Rep. Kim Hammer, R-Benton, said in an interview this week.

But Tom Larimer, executive director of the Arkansas Press Association, said charging a fee on public information would have a chilling effect on the press, as well as residents, who want to keep tabs on how government conducts its business.

During a Joint Performance Review meeting in late August, Hammer said the performance review panel would discuss efficiencies and ways to ensure that state workers aren't being tied up for hours doing busy work when fulfilling Arkansas Freedom of Information Act requests.

In the interview, Hammer, co-chairman of the review panel, said charging fees is one option that will be discussed during coming meetings. Legislation on the matter could be passed during the next regular legislative session, which starts in January.

In addition to charging for public records, another change could include requiring that such requests be more specific.

"I am not out to limit the ability to get information, but I do think it's important that we at least put the topic on the table for discussion," Hammer said.

He stressed that he's open to input.

Larimer said the press association would oppose any effort to raise fees for public records.

"The bulk requests are just a fact of life when it comes to public records. It's part of the price we pay for having open government," he said. "It's inconvenient, at times, I will agree, but they're open records. They're the public's records, and they certainly have the right to them."

Larimer said fees, which are assessed for public records in some other states, "can get very high, and they're set oftentimes to discourage requests."

Hammer has invoked the Freedom of Information Act in filing at least three records requests to the Department of Human Services in 2015, according to information provided by Brandi Hinkle, a spokesman for the department.

The department turned over 1,873 emails and a five-page document in response to his requests.

Hammer said Friday that he sought the information because the Joint Performance Review committee was investigating the rocky implementation of Arkansas' Medicaid eligibility and enrollment system. He wanted to see emails that were sent between the state and its private vendors.

"If I would have known more about what demands that placed on DHS, I would have been more specific -- even though I think I was pretty specific back then come to think about it -- but I probably would have been a little bit more specific so as not to have tied up resources with such broad terminology," Hammer said.

Asked what the records should cost, Hammer said that would be discussed in coming meetings.

The state Freedom of Information Act allows state agencies to charge fees that reflect the "actual costs of reproduction" of the records, but they cannot charge for "personnel time associated with searching for, retrieving, reviewing, or copying the records."

Metro on 09/08/2016

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