{"id":315857,"date":"2025-10-19T11:20:20","date_gmt":"2025-10-19T11:20:20","guid":{"rendered":"https:\/\/www.europesays.com\/us\/315857\/"},"modified":"2025-10-19T11:20:20","modified_gmt":"2025-10-19T11:20:20","slug":"bexar-county-seeks-to-rein-in-zealous-open-records-requests","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/315857\/","title":{"rendered":"Bexar County seeks to rein in &#8216;zealous&#8217; open records requests"},"content":{"rendered":"<p>Bexar County is putting new guardrails on how much time county employees can spend responding to open records inquiries from a single requester before labor costs are billed.<\/p>\n<p>County officials say the move is a response to overwhelmingly large requests from a small number of individuals who\u2019ve slowed response times for everyone else. <\/p>\n<p>But the new policy comes as a group of government accountability activists has been calling attention to Bexar County\u2019s spotty compliance with open records laws \u2014 and now oppose a solution they say punishes requesters to try to solve the problem.<\/p>\n<p>The Texas Public Information Act allows members of the public access to most government records by requesting them from their respective governing bodies. <\/p>\n<p>In the digital era, however, the number and complexity of requests governmental agencies receive has gone up significantly, said Larry Roberson, chief of the civil division\u00a0of the Bexar County District Attorney\u2019s office, and the county hasn\u2019t been responding to all of them within the legally required deadlines.<\/p>\n<p>\u201c[The new] policy really is about fairness, transparency and the efficient use of county resources,\u201d Roberson said. \u201d \u2026 [It] protects the county from compliance failures and legal exposure, [by ensuring] consistency, timely responses and resource protection.\u201d<\/p>\n<p>As it stands, the county says it\u2019s been treating all inquiries on a case-by-case basis, offering many records for free and charging for requests that require a lot of labor or printing, Roberson said.<\/p>\n<p>\u201cThere is no requirement under the law to provide free access to records,\u201d Roberson said. \u201c[But] we try to be reasonable.\u201d<\/p>\n<p>Going forward, he said, the county is turning to a provision in <a href=\"https:\/\/statutes.capitol.texas.gov\/docs\/GV\/htm\/GV.552.htm\" target=\"_blank\" rel=\"noreferrer noopener\">state law<\/a> that allows governmental bodies to rein in the amount of time they spend on people who submit frequent or repetitive requests.<\/p>\n<p>Under the <a href=\"https:\/\/sanantonioreport.org\/wp-content\/uploads\/2025\/10\/bexar-county-new-open-records-policy.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">new administrative directive<\/a> Commissioners Court adopted on Tuesday, journalists, scholars and researchers will continue to have the ability to file unlimited records requests.<\/p>\n<p>But people who submit more than 15 public information requests in a month, or more than 36 requests in a calendar year, will be designated as a \u201czealous requester\u201d and subject to different rules.<\/p>\n<p>The term was used by other government entities, which Bexar County modeled its policy after, Roberson said.<\/p>\n<p>Staff can work on inquiries from such requesters for up to 36 hours in a calendar year for free, with no more than 15 hours coming in a single month, as is outlined in state statute. After that, the county can start charging labor costs, and would need to provide the requester a cost estimate before continuing on with the request.<\/p>\n<p>Roberson said the hourly cost will depend on the type of work, but is regulated by the state. Employees will be responsible for tracking their time. <\/p>\n<p>\u201cIt brings structure to a process that\u2019s really been overwhelmed,\u201d Roberson said. \u201cWe don\u2019t want the system to be overwhelmed by a few people, we want it to be available to everyone.\u201d<\/p>\n<p>Smoke-filled room?<\/p>\n<p>So far the policy has irked a new group called the Citizen Veteran Journalists of Bexar County, which rejects the county\u2019s exceptions for only traditional media, and believe more people should use the open records process to hold government accountable.<\/p>\n<p>\u201cRestricting \u2018media\u2019 status to credentialed outlets in this environment is not neutrality \u2014 it is institutional protectionism,\u201d the group wrote in an Oct. 12 email to county leaders.<\/p>\n<p>They refer to themselves online as \u201ca grassroots watchdog organization\u201d dedicated to \u201cexposing waste, abuse, and obstruction in Bexar County government,\u201d and even designed an AI-based public information request writing tool to make it easier for others to submit requests.<\/p>\n<p>In recent weeks, the group has been promoting its use of the Texas Public Information Act to track down emails discussing a meeting of county leaders and San Antonio Spurs executives at Finck\u00a0Cigars\u00a0Midtown on Dec. 18 \u2014 an event it\u2019s characterized as \u201cbackroom deal\u201d strategizing on Project Marvel, but that one attendee contended was a holiday party.<\/p>\n<p>\u201cThe timing [of the county\u2019s new open records policy] is unmistakable: it comes immediately after disclosures embarrassing to county leadership,\u201d the group wrote.<\/p>\n<p>Among those in attendance was the county\u2019s then-executive director of economic development, David Marquez, who retired in July.<\/p>\n<p>\u201cI can assure you it was not anything about Marvel,\u201d Marquez said Tuesday. \u201cWe have had that holiday cigar meetup for a few years. Purely social gathering of people who enjoy a nice cigar.\u201d<\/p>\n<p><img loading=\"lazy\" data-recalc-dims=\"1\" decoding=\"async\" width=\"780\" height=\"520\" src=\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/10\/BexarCountyCommissionersCourt_JudgePeterSakai_03_08.26.2025_DiegoMedel.jpg\" alt=\"\" class=\"wp-image-5413756\"  \/>Bexar County Judge Peter Sakai discusses a document with a court official during a county budget work session Tuesday, Aug. 26, 2025. Credit: Diego Medel \/ San Antonio Report<\/p>\n<p>Bexar County Judge Peter Sakai, who was invited to the gathering, said through a spokesman that neither he nor any of the judge\u2019s office staff attended. <\/p>\n<p>Sakai told the Report that the new public records policy was part of his greater <a href=\"https:\/\/sanantonioreport.org\/peter-sakai-bexar-county-government-organizational-review\/\" target=\"_blank\" rel=\"noreferrer noopener\">county modernization and transparency efforts<\/a> \u2014 not an attempt to tamp down on anyone in particular.<\/p>\n<p>\u201cI\u2019m still trying to get county government to comply with the law,\u201d said Sakai, a longtime district court judge who has also been focused on keeping the frequently-sued <a href=\"https:\/\/sanantonioreport.org\/bexar-county-elections-department-sakai-callanen\/\" target=\"_blank\" rel=\"noreferrer noopener\">Elections Department out of court<\/a>.<\/p>\n<p>\u201cAs a result of the records requests that are ongoing, there was no consistent compliance. That\u2019s what we were trying to accomplish [with the new policy],\u201d he said. \u201cThis has nothing to do with whoever is filing whatever request.\u201d<\/p>\n<p>An uptick in requests<\/p>\n<p>Officials at the city of San Antonio have also contended with a rising influx of public information requests \u2014 more than 86,000 in the 2025 fiscal year alone \u2014 including people seeking to review officials\u2019 text messages over months-long windows of time, and YouTube content creators seeking police video footage to dub over with their commentary.<\/p>\n<p>\u201cI\u2019ve been working with open records [for the city] for 13 years,\u201d San Antonio\u2019s Open Government Manager Moraima\u00a0Montenegro\u00a0Mcgraw said in an interview Thursday. \u201cWhen I started, we had 4,000 records that first year.\u201d<\/p>\n<p>Mcgraw now has a 12-member staff \u2014 up from two just five years ago \u2014 and leans on other city departments\u2019 employees to help. <\/p>\n<p>Both the San Antonio Police Department and the Bexar County Sheriff\u2019s Office now handle their own requests separately from the regular city and county intake process.<\/p>\n<p>But at Bexar County, most other open records requests are filed through a single staff member, Public Information Officer Monica Ramos, who is also the county\u2019s spokeswoman, communication strategist and social media manager.<\/p>\n<p>According to county staff, Bexar County\u2019s open records requests have <a href=\"https:\/\/sanantonioreport.org\/wp-content\/uploads\/2025\/10\/open-records-requests.png\" target=\"_blank\" rel=\"noreferrer noopener\">doubled since 2019<\/a>, from 2,600 per year to 5,200, with a heavy emphasis on septic system permits and certificates of occupancy. Many of them come from developers, insurance agents and people purchasing property in the county\u2019s unincorporated parts. <\/p>\n<p>There are currently 430 pending requests in the system, county leaders told the Commissioners Court on Tuesday. Each one is supposed to \u2014 but currently does not \u2014 receive a response within 10 days either providing the records or explaining how long it will take.<\/p>\n<p>\u201cThe PIO office over here really just consists of myself and three other assistant public information officers, one graphic designer, and that\u2019s it,\u201d said Ramos, the county\u2019s designated open records manager, who has been in her role since 2013.<\/p>\n<p>\u201cIt\u2019s been manageable, but I think now that we\u2019re growing [as a county], it\u2019s probably a good time to start taking a look at [expanding that team],\u201d she said.<\/p>\n<p>A venue for complaints<\/p>\n<p>Unlike the county, San Antonio also has a formal structure to review concerns like the ones the Citizen Veteran Journalists of Bexar County group are trying to bring forward about county officials.<\/p>\n<p>Open records <a href=\"https:\/\/sanantonioreport.org\/san-antonio-ethics-review-board-2025-election-marc-whyte-sukh-kaur\/\" target=\"_blank\" rel=\"noreferrer noopener\">fueled numerous ethics complaints<\/a> against council members, candidates and city staff members during the 2025 municipal election \u2014 some of which turned out to be correct, while others were investigated and dismissed.<\/p>\n<p>The city\u2019s Ethics Review Board vets such complaints with an independent attorney, reviews evidence, determines whether leaders broke the rules, and if so, how they should be punished.<\/p>\n<p><img loading=\"lazy\" data-recalc-dims=\"1\" decoding=\"async\" width=\"780\" height=\"586\" src=\"https:\/\/www.europesays.com\/us\/wp-content\/uploads\/2025\/10\/7B6614C9-EA7E-4393-B4C7-37E3F7D52FD5.jpeg\" alt=\"\" class=\"wp-image-5378170\"  \/>Councilman Marc Whyte (D10) listens to his witness Councilman Manny Pelaez (D8) at the Ethics Review Board hearing to further investigate a 2024 complaint made against him by San Antonio attorney Martin Phipps. Credit: Brenda Baz\u00e1n \/ San Antonio Report<\/p>\n<p>Without anything comparable, those bringing complaints against the county are in a different position.<\/p>\n<p>The citizen journalist group has asked the Texas Rangers to investigate whether the Dec. 18 gathering violated the <a href=\"https:\/\/www.texasattorneygeneral.gov\/sites\/default\/files\/files\/divisions\/open-government\/openmeetings_hb.pdf\" target=\"_blank\" rel=\"noreferrer noopener\">state\u2019s Open Meetings Act,<\/a> which requires government entities to do their business in public. Its members have also implored local media to help take up their cause.<\/p>\n<p>The Report contacted the Bexar County Sheriff\u2019s Office to confirm the status of the case. A spokesperson said last week that the department is consulting with the Texas Rangers and the Bexar County District Attorney\u2019s office to determine next steps.<\/p>\n<p>Diego Medel contributed to this report.<\/p>\n","protected":false},"excerpt":{"rendered":"Bexar County is putting new guardrails on how much time county employees can spend responding to open records&hellip;\n","protected":false},"author":3,"featured_media":315858,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5133],"tags":[5229,14953,158837,158838,53773,7202,7203,358,7453,3187,7815,67,586,132,5230,68,2969,7594],"class_list":{"0":"post-315857","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-san-antonio","8":"tag-america","9":"tag-bexar-county-commissioners-court","10":"tag-citizen-veteran-journalists-of-bexar-county","11":"tag-david-marquez","12":"tag-peter-sakai","13":"tag-san-antonio","14":"tag-sanantonio","15":"tag-texas","16":"tag-top-story","17":"tag-tx","18":"tag-typedaily","19":"tag-united-states","20":"tag-united-states-of-america","21":"tag-unitedstates","22":"tag-unitedstatesofamerica","23":"tag-us","24":"tag-usa","25":"tag-wc-1000-1500"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/115400568389698005","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/315857","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=315857"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/315857\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/315858"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=315857"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=315857"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=315857"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}