WALLACE — The Shoshone County Commissioners last week gave Sheriff Shawn Wehr permission to hire a temporary worker to help process public records requests for the sheriff’s office. 

According to Wehr, the employee who previously handled the requests is on medical leave, resulting in a significant backlog. 

Idaho law says county records are generally open to the public unless a specific exemption allows them to be withheld. The Idaho Public Records Act applies to most county agencies and records connected to public business, including emails, contracts, reports, text messages and recordings. The law is intended to ensure residents can monitor how local government operates. 

Wehr told commissioners Thursday that Undersheriff Travis Skinner and a detective have tried to help process the requests when possible, but without the employee who previously handled the work, requests have continued to pile up. 

He said he has been looking for someone with previous experience to hire temporarily, but told commissioners, “So far, that hasn’t been fruitful.” 

The backlog is a concern for both the sheriff’s office and the county because Idaho law sets deadlines for responding to public records requests, potentially exposing the county to legal action if those deadlines are missed. 

Counties are generally required to respond to a public records request within three working days, though the law allows an extension of up to 10 additional working days if officials provide written notice explaining the delay. Agencies may release the records, deny the request under a legal exemption, or redact protected information and release the remainder. 

Most public records can be inspected for free, though counties may charge reasonable fees for copies or extensive staff time spent gathering documents. Common exemptions include medical and personnel records, attorney-client communications and some active law enforcement investigations. Even when portions of a document are exempt, Idaho law generally requires agencies to redact only the protected information rather than withhold the entire record. 

Wehr requested permission to temporarily rehire a former employee for fewer than 20 hours per week until a permanent replacement is found, at the same $21.97 per hour wage the employee on medical leave had been earning prior to their leave.

Commissioners Dave Dose and Jeff Zimmerman approved the request, citing the importance of handling public records requests in a timely manner. 

“That's not something we can wait on,” Dose said. 

If a county misses the deadlines required under Idaho’s Public Records Act, the law does not automatically impose a fine or invalidate the request, but the county can face legal consequences. 

Anyone who believes records were improperly withheld may challenge the decision in district court. Judges can order the release of records and, in some cases, require the government agency to pay attorney fees or penalties for violating the law.