Board Expresses Concerns on Certain Open Records
At the June Board meeting, there was a discussion regarding “abuses” of open records requests. Board staff informed the Public Information Committee about 22 TAC 199.3, which generally provides if someone continues to make open records requests over 36 hours of staff time, they can charge additional money. According to staff there are a handful of people who make open records requests over and over again. To be able to enact the 36 hours they would need to track the time spent and the Attorney General’s office has said they must track time on all requests not just on the ones who make multiple requests. There are requests from licensees (3-7 people) for information on all communications between two people (staff did not identify these people in public session) over a five year period, as an example. Another example is whenever new panelists are approved, information is requested on qualifications of the panels and how they were approved. The TMB wanted these individuals to feel the cost of their requests on staff time. However, according to staff the time spent tracking would cost more to the Board then dealing with the requests. Copies of fewer than 50 pages, no charges are incurred. The Board staff determined that cost for computer programming to pull data is $28.50 per hour. Board staff reported that open records imposes a large cost on all agencies. The TMB has a person who spends 90% of her time doing opens records. Board staff estimated that it averages approximately $100,000 to $150,000 per year on dealing with and complying with open records.
During this decision, Dr. George Williford, a member of the Board, asked staff if the individuals making these large requests could be mentioned in the newsletter and listing the cost to the agency. He asked if this was a form of harassment. Mari Robinson, the Executive Director, responded the Board could put together a report on requests, which it is doing it and how many requests these people have made. This information will be presented at the November meeting.