Our view: What is the real cost of public records?

Published 10:15 am Thursday, January 27, 2022

Ninety million dollars. It’s a lot of money. It’s the number Adam Crawford, external relations director for the state’s Department of Administrative Services, used last week about the cost of public records. He said that’s what he thought Oregon might be spending to give media organizations and others public records at reduced cost or free.

“I think the number may be even higher,” Crawford replied, when he was challenged on it by another member of the Oregon Public Records Advisory Council. The discussion then quickly shifted away.

If it really is $90 million or more, it’s a mighty sum that Crawford pointed out the state is transferring, in part, to for-profit companies.

But when we later asked him about that number, it seemed an educated guess. He didn’t make it clear where it came from. He did mention a survey of state agencies from 2018. It said agencies fulfilled roughly 25,000 public records requests and charged under $150,000 for doing that, waiving all other staff and legal costs.

Would that add up to $90 million? Maybe. Maybe not.

If Crawford believes that number is right, though, and he’s a member of the executive team of a key state agency, journalists and the public should not be surprised when they face enormous fees when they ask for public records. Government officials may believe they are simply giving away too much at the cost of other state priorities.

Public agencies can charge reasonable fees for public records in Oregon. They don’t have to. They can waive some or all of the cost. Charging high fees can be the same as denying a request. What should be charged and who should pay it is at the heart of the questions the state committee, the Oregon Public Records Advisory Council, is looking at, as Crawford said.

For government bodies, releasing public records isn’t just a matter of doing a computer search, the computer spits out the records and then the government can hand them over in minutes. State and local government agencies don’t always have the most modern computers. The state is in the process of upgrading many outdated systems. The old systems weren’t designed to make public records searches easy.

There can also be a problem with how information is stored. Releasable information can be stored mixed in with personal information that should not be disclosed. Scouring records and redacting personal information takes time and effort. Who should pay for that?

And there can be issues when people take on new roles volunteering to serve on government committees. They can end up using their personal email accounts when they email about government business. Those particular emails would be public records. That would mean the volunteers would have to compile them and hand them over if requested. If some of the emails didn’t show them in the best light, would they?

What is the solution? That’s what Oregon’s Public Records Advisory Council is working on. Real numbers should be the foundation of the discussion.

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