State lawmakers consider changes to Public Records Act
CHEYENNE — Some state lawmakers are looking to update the Wyoming Public Records Act, something that has been done twice since 2012. Though it’s unclear at this point which direction the task force will take, elected officials are currently considering three items: reducing the maximum time a government entity has to satisfy a public records request; addressing the issue of out-of-state entities submitting large records requests for the purpose of data mining; and reconsidering the fee schedule for fulfilling records requests.
The discussion held Monday was the first of two meetings for the task force — which is composed of state legislators and stakeholders — to decide on one or more pieces of legislation to sponsor before the upcoming 2026 budget session.
The task force was assembled following the August meeting of the Joint Corporations, Elections and Political Subdivisions Committee, which discussed two bills on this topic in a meeting that lasted more than five hours initially.
Ultimately, the committee tasked Darlena Potter, Wyoming’s public records ombudsman, with working through the items as part of a task force.
She said she hopes to get some bill drafts approved by the Legislature this year as the number of requests has continued to increase in recent years, and before her term expires when Gov. Mark Gordon’s does in the first month of 2027.
“My days and time are limited, but my hope is that I can provide something that incorporates all of this information that you’re giving me now, and as we go along over the next little over a year, that I can leave for the committee to move forward with responsibly,” she said.
The task force’s first meeting was largely driven by public comment, hosting opinions from various government agencies, members of the media and concerned citizens.
Most attendees and members of the task force were united in a goal of supporting government transparency.
However, getting there looks different for different entities as it becomes a balancing act between accessibility and capacity.
Cutting corners
Mills Mayor Leah Juarez said she is a “huge proponent” of transparency and is disheartened that some communities withhold government information. But she wants to ensure whatever state lawmakers pass is manageable.
Currently, state statute requires acknowledgment of a public records request by a government entity within seven business days of receiving it, and production of documents within 30 calendar days.
In one of the pieces of draft legislation considered by the committee in August, those timelines would be reduced to three days and 10 days, respectively.
Juarez said this could potentially create a burden on her staff.
“If we dial any of this back, we actually run the risk of not delivering the information that is asked of us, because we’re going to have to cut corners,” she said. “Not that we would want to, but in order to rush it out. That’s just a pretty big concern.”
In Mills, she said the largest requests come from the Mills Police Department.
If the deadline is reduced to 10 days, she said she anticipates bringing officers in on their days off to inspect documents that may need to have sensitive information redacted.
She added that her town has already addressed the issue that other communities face of out-of-state entities submitting large records requests to mine data for a company by permitting those requestors to inspect the records in person but not providing copies to them.
Justin Schilling, deputy director of the Wyoming Association of Municipalities, said this issue could be exacerbated in towns with even fewer people and less resources.
Mills had a population of around 4,000 in the 2020 U.S. Census. Schilling said half of the WAM membership is made of communities with fewer than 800 people, and many with fewer than 500 people.
“Our most critical point for all of these discussions is to legislate specifically to a standard of our most capable communities, we think, would be a mistake,” he said.
Not enough funds
Sarah Elmquist Squires, managing editor of the Riverton Ranger, Lander Journal and Wind River News, testified as a member of the media concerning the prices for public records requests.
She said that in her part of the state, local governments are increasing fees to an “unreasonable place” by passing requests along to the town or county attorney, who charges higher per-hour rates.
“However we go about standardizing fees, we have to make sure that there is at least some sort of mechanism in there that prevents local governments from assessing hundreds and hundreds of dollars by using their attorney in the event that a request is not complex,” she said. “We’ve seen that repeatedly in this part of the state.”
She suggested adding language that requires the hourly rate of the “lowest paid qualified staff ” to be used for administering public records requests.
Schilling agreed that the fee schedule needs to be addressed, but wasn’t sure if Squires’ suggestion would be the most effective solution. He said that many towns do not have an on-staff attorney, so it can be expensive for those services, and it could be a legal liability to give that responsibility to someone underqualified.
“Especially when it comes to redaction, there’s a lot of legal liability there, especially when you’re talking about records that would include HR documents, those sorts of things,” he said. “All of those things have to be redacted by somebody with skill.”
Suggested changes
One virtual attendee, Sandy Ress, offered several suggestions for the task force to consider as it continues to draft a bill.
First, he suggested there be stricter rules on what can be discussed during an executive session of a public meeting.
Ress is no stranger to this issue, as he filed a lawsuit in 2023 against the St. John’s Health board, located in Jackson, alleging that the board violated the open meetings law by making decisions behind closed doors.
He said he found out that, during an executive session, the board discussed the construction and design of employee housing, including how to lobby and the use of specific purpose excise taxes.
“So, we need a lot of meat on the bones of executive sessions, and what must be done in public and what can and cannot be done in executive session,” he said.
His other suggestions included that committee meetings of public institutions must be done in public, and suggested the committee also consider allowing public comment periods while an issue is being discussed in meetings.
“(These three suggestions) would go a great deal for both advancing transparency, as well as governmental entities making better, more informed decisions, or even if not better, at least knowing what some portion of the public thinks about what they’re doing,” he said.
Potter said the task force’s second meeting will take place at 10 a.m. Oct. 20 in the Wyoming State Capitol, Room W113.
This story was published on Oct. 1, 2025.