Request reviewed — Commissioners discuss NLJ’s public records request, debate fees
Weston County Commission Chair Nathan Todd raised concerns at the group’s last meeting over the handling of the News Letter Journal’s public records request for documents pertaining to the elections in 2020, 2022 and 2024.
As previously reported, in an email to County Clerk Becky Hadlock and County Attorney Michael Stulken, News Letter Journal Publisher and Editor-in-Chief Bob Bonnar made an official records request for access to “all invoices or correspondence (electronic and print) pertaining to the printing and handling of Weston County ballots for the primary and general elections of 2020, 2022 and 2024.”
“This request includes, but is not limited to, any invoices or communications from ES&S (Election Systems & Software) — or any other contractor or consultant who has provided election services to the county — related to the printing, preparation and handling of ballots for each of the six elections in question,” Bonnar said in the email.
Hadlock then quoted a cost of $375 for the request, something Bonnar raised concerns with because the newspaper was only asking to inspect documents, and, in the end, the documents were provided for inspection, free of charge.
Before the documents were released, Todd raised concerns over the handling of the request and the process that followed. He noted the situation has caused some headaches and heartache between two county offices.
“I am not trying to throw anyone under the bus, but here is a public records request filled out properly. … This is our way of doing this, and somehow this did not happen,” Todd said, holding up a completed paper form and comparing it to the current NLJ request, which had been emailed.
He said that he doesn’t know what happened, but he felt the need to step in because what should have happened, didn’t. He specifically expressed concern over the lack of the completed paper form, but also lamented a communication breakdown between Hadlock and Stulken.
Todd said that, moving forward, the procedure for public records requests needs to be followed because the county and elected officials are always under scrutiny, but the county attorney said that county officials should be primarily concerned with providing public documents to individuals who request them.
“My concern is, becoming too form over substance,” Stulken said, noting that when the county gets a good request, it should be forwarded on even if the form is not used.
“I don’t understand the (emphasis on a) specific piece of paper,” he said.
Commissioner Garrett Borton questioned if the county had its own paperwork in order when fielding requests, asking if a fee schedule existed that clearly displayed charges for public records requests and associated costs.
Hadlock said the fees are set by each individual office based on the effort it requires of each office to complete the request, but the county attorney indicated such an approach does not conform to state law.
Stulken clarified that, per statute, the custodian of the records should have a resolution or document stating fee schedules and requirements, that way requestors know what is expected when they make a request.
“I’m not sure if we have that. I haven’t seen it,” Stulken said.
His concern, he said, is that a requestor could be shocked if the county is not up front about pricing and requirements, but Hadlock said that burden should fall to the public, and stated that is why the county’s form specifically asks how much the requestor is willing to pay.
Commissioner Vera Huber asserted that it might behoove everyone if the offices in the county had the costs on a piece of paper, and Borton agreed. He pointed out that there could be issues if there is not a price sheet dictating that prices are the same for everyone, especially in situations where citizens don’t get along with personnel in a certain office.
“We want to make sure we have some type of pricing platform,” he said.
Stulken agreed, stating that the fees should be clearly defined when an individual makes a request.
Commission Ed Wagoner suggested that the fee schedule could accompany the request form, and Hadlock told the board that she would get with the other department heads to work on something that she can bring back to the board at its next meeting.
The News Letter Journal was notified on February 19 that the records were available for inspection, and Clerk Hadlock provided copies of those records on Feb. 20.
“We are looking through the documents now, and will report what we find to the community after we have examined the records and compared them with other things we know about the last few elections in Weston County,” Bonnar said. “We hope to provide citizens with a better understanding of how elections are conducted, what they cost and whether or not there have been errors in previous elections that may have affected the outcomes that were reported.”
Investigation into clerk ongoing
Chairman Todd also explained to the commission that County Clerk Becky Hadlock had concerns regarding the release of public documents from past elections because she is under investigation by the governor’s office for allegations surrounding the 2024 election, and felt that factor should have exempted her from releasing the requested records.
However, Stulken noted that he does not believe that exemption applies because that portion of the statute is referencing police investigations, and the governor’s investigation does not qualify as such.
“It is still a public record. I don’t know of any other exception that would apply here,” Stulken said.
Todd said he doesn’t think it applies, but argued that the custodian of the records — Hadlock — has a right to address concerns with the state ombudsman, as she had done. He noted the ombudsman is there to help both parties work toward an agreement within the time frame allowed in statute.
Commission clips
Notes from the Feb. 4 and Feb. 18, 2025, meeting of the Weston County Commissioners
Feb. 4
Commissioner Marty Ertman requested that all items be removed from the consent agenda and added to the end of the meeting after vouchers. She then moved to move vouchers to the beginning of the meeting, starting March 4 with a 15-minute time slot following the vouchers for the consent agenda. Motion carried.
Ed Quinones with the Osage Improvement and Service District requested a signature on a letter of support. The motion to approve Chairman Nathan Todd’s signature carried, with Commissioner Garrett Borton voting against it. Borton raised concerns with providing a signature requested during public comment because the topic did not appear as an action item on the agenda. The meeting minutes do not indicate what the commissioners were being asked to support.
Jim Hansen, Weston County Road and Bridge superintendent, provided an update to the board. After discussion, Ertman moved to let Hansen use his discretion on repairing roads and getting the proper paperwork to Todd for his signature. The board also moved to authorize Hansen’s signature on a memorandum of understanding on behalf of Todd.
A motion to accept an advertising proposal of up to $6,459 with the News Letter Journal failed. Borton and Huber voted in favor of the motion with Wagoner, Ertman and Todd voting against.
Sheriff Bryan Colvard and Undersheriff Dan Fields approached the board to discuss detention employee wages, specifically asking for a raise to the rate of pay for the current employees and one future employee. The topic was set to be discussed again on Feb. 18.
Brandon Turner, maintenance foreman, informed the board that the hot water heater at the Weston County Courthouse Annex was down. He noted that the extension office asked if a garbage disposal could be installed during the process. The board accepted a bid from Black Hills Plumbing for $2,202.07 for both the water heater and disposal.
Kim Jenkins, assistant deputy treasurer, continued a discussion with the board about policy and procedures. She provided the board a copy to review.
The board discussed a request from Gasamat Oil Corp. to have interest charges forgiven by the Weston County Treasurer’s Office. A motion to have County Attorney Michael Stulken draft a letter to the company stating that the county will not forgive the interest, per statute, was approved.
Hadlock reported that she would get with department heads and supervisors to rank the potential sample employee evaluations. She said she would report back to the board.
The board accepted the resignation of George Bondora from the Weston County Solid Waste District board and appointed Amber Ryan to fill the remainder of his term.
Feb. 18
The board appointed Riki Kaiser to the Child Support Authority Board per her request.
The board approved resolution 2025-3, moving $5,000 from the county fuel reserve for fuel tank maintenance.
Shane Kirsch with Campbell County Health met with the board to discuss the status of the EMS District approved last year by the board. The board reported that not much had been done but that Stulken would work on getting a resolution put together.
Dru Bower with DRU Consulting provided an update on the Newcastle Bureau of Land Management project, The Thunder Basin National Grasslands and other areas of concern.
Approval was given by the board to remove the ramp from the Weston County Law Enforcement Center.
The board discussed detention employees with Colvard and Fields. Following the discussion, Colvard said he would discuss a potential hiring bonus with current employees and report back to the board.
The board discussed a few Title 25 bills that had not been paid by the county. Discussion was had on why they were “kicked back” and the county attorney’s office was directed to resubmit the invoices.
Hadlock reported the results of the survey on employee evaluations. She said she would get a final count on the top picks for the next meeting.