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HomeMy WebLinkAbout29-0526-26R STATE OF WASHINGTON County of Jefferson In the Matter of Adopting the Jefferson County Artificial Intelligence Acceptable RESOLUTION NO. 2 9-0 5 2 6-2 6 R Development and Use Policy WHEREAS, generative artificial intelligence (AI)represents a significant leap forward in technology, by generating novel text, images, and other content,which has the capacity to transform the way Jefferson County conducts business and serves the public; and, WHEREAS, generative AI can enhance human potential and creativity but must be deployed and regulated carefully to mitigate and guard against a new generation of risks, harms, and perpetuation of existing inequities; and, WHEREAS, Jefferson County is committed to accuracy, reliability, and ethical outcomes when adopting generative AI technology, and serving all of those who reside, work, and do business in Jefferson County in a transparent, engaged, and equitable way; and, WHEREAS, Jefferson County seeks to realize the potential benefits of generative AI through the deployment of generative AI tools that improve the equitable and timely delivery of services, while balancing the benefits and risks of these new technologies; and, WHEREAS,a generative AI policy is necessary to govern the development, deployment, management and use of generative AI use in Jefferson County government affairs in a thoughtful manner that upholds the public trust, ensures safety and security, and promotes ethical standards; NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF JEFFERSON COUNTY,WASHINGTON, HEREBY RESOLVE AS FOLLOWS: Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners hereby adopts the above "Whereas"clauses as Findings of Fact. Section 2. Purpose. The purpose of this resolution is to adopt the Jefferson County Artificial Intelligence Acceptable Development and Use Policy (AI Policy). Section 3. Adoption of the Jefferson County Artificial Intelligence Acceptable Development and Use Policy. The AI Policy in Appendix A is hereby adopted. Section 4. Repealing and Replacing Any Inconsistent Policy that Addresses the Topic of this Policy. This Policy controls over any ordinance, other resolution or policy on the same topic. Section 5. Severability. If any section,subsection, sentence,clause,phrase or section of this Policy or its application to any person or circumstance is held invalid, the remainder of this Policy or its application to other persons or circumstances shall be fully valid and shall not be affected. 1 Section 7. Effective Date. The Policy becomes effective upon the date of adoption. Section 8. SEPA Categorical Exemption. This policy is categorically exempt from the State Environmental Policy Act under WAC 197-11-800 (19). (SIGNATURES FOLLOW ON THE NEXT PAGE) APPROVED and ADOPTED this ?-ic day of I , 2026. JEFFERSO OUNTY BOARD OF COM . I/ i 'S ,Ng'- 417 otti-rton, Chair ,, ,, »SOnrp,rt��<< ( 1 ` N ,,, ky ..COG'% 4F ,ISSI0 1, SEAL: ' '.:o`s tiFc;. .. ei• senhour, Membe M1 s % 1 . SEAL = 1j1 /i/ ', • ;**,0 He. '� G udley-Nollette, Member OF WASN**.' i,a"g1ll 1111 .:�''' KITES : 6 .0 6,047 S.2G 26 Care Gallaway,CM Date Cler ,f the Board Approved as to form only: /4 y May 27,2026 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 3 JEFFERSON COUNTY ARTIFICIAL Version: May 26, INTELLIGENCE 2026 ACCEPTABLE DEVELOPMENT AND USE POLICY This AI Policy governs all uses of artificial intelligence by or on behalf of Jefferson County, Washington. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page ii of ii TABLE OF CONTENTS TABLE OF CONTENTS ii (1) INTRODUCTION 1 (2) PURPOSES 1 (3) GUIDING PRINCIPLES AND VALUES 2 (4) DEFINITIONS 3 (5) APPLICABILITY OF THIS AI POLICY 7 (6) COMPLIANCE WITH EXISTING LAWS AND POLICIES 8 (7) PROHIBITED USES OF AN AI SYSTEM 8 (8) PUBLIC RECORDS ACT COMPLIANCE 10 (9) ARCHITECTURAL AND TECHNICAL STANDARDS 10 (10) ROLES AND RESPONSIBILITIES 11 (11) AI SYSTEM AND USE AND CASE APPROVAL PROCESS 13 (12) PROCEDURES 16 (13) CONSEQUENCES FOR NONCOMPLIANCE 18 (14) LIMITATIONS OF THIS AI POLICY 18 APPENDIX A: REFERENCES 20 APPENDIX B: RELEVANT COMPLIANCE REQUIREMENTS 22 APPENDIX C: 23 RECORDS PROTECTED FROM DISCLOSURE BY AN "OTHER STATUTE" THAT ARE NOT TO BE USED IN AN AI SYSTEM 23 Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 1 of 29 JEFFERSON COUNTY ARTIFICIAL INTELLIGENCE ACCEPTABLE DEVELOPMENT AND USE POLICY (1) INTRODUCTION Artificial Intelligence (AI) technology is increasingly becoming an integral part of local government operations, offering opportunities to enhance the efficiency and effectiveness of public services. At the same time, the use of AI also presents ethical, legal, and social challenges that require responsible management. This AI Policy provides a framework for the effective and responsible use of AI systems within the County, to maximize the benefits of these innovative tools while minimizing their potential risks to both the County and the public. (2)PURPOSES The purposes of this AI Policy are to: A. Ensure ethical and responsible development, deployment, and use of AI technology in the County, ensuring they are in alignment with the principles of transparency, fairness, accountability, and public trust. B. Enable effective use of AI technology by providing clear guidance to the County personnel, vendors, and other partners who work with AI systems. C. Inform community members and other stakeholders about how the County is utilizing AI technology and what measures it is taking to protect the public from potential adverse consequences of these systems. D. Promote responsible and ethical use of AI technology by defining the principles and values that govern the application of this technology within the County. E. Ensure the compliance of AI systems with all applicable federal, state, and local laws and regulations as well as existing the County policies. F. Assign roles and responsibilities related to the County's use of AI systems. G. Establish processes that encourage effective and responsible use of AI systems. H. Define prohibited uses of AI systems. I. Specify measures which may be taken in the event of failure to comply with these policies. This AI Policy may be updated from time to time to account for changes in AI technology, laws and regulations, uses of AI systems within the County, and other considerations. In addition,the Central Services Director may publish an AI User Guide to provide more detailed guidance on how the requirements of this AI Policy is to be implemented.Unless otherwise stated, Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 2 of 29 any such additional guidance should be considered an extension of this Al Policy and carry the same requirements for compliance. (3)GUIDING PRINCIPLES AND VALUES The County's AI development, deployment, and use of artificial intelligence systems shall be guided by the following guiding principles and values: (a) We expect to retain appropriate human agency and oversight, allowing for intervention to prevent harm. (b) We expect to use internal and external security testing of systems before public release for high-risk artificial intelligence systems. (c) We expect to protect data privacy and security. (d) We expect to promote appropriate transparency for consumers when they interact with artificial intelligence systems or products created by artificial intelligence. (e) We expect to ensure accountability, considering oversight, impact assessment, auditability, and due diligence mechanisms. (f) We expect to make AI accessible to all residents, including those with disabilities or limited access. (g) We expect to govern the deployment and maintenance of AI systems with human oversight ensuring adherence to relevant laws and regulations and by defining roles and responsibilities. (h) We expect to implement measures to detect and mitigate biases in order to prevent harm. (i) We expect to continuously monitor and enhance AI systems based on feedback and technological advancements. (j) We expect proper management,quality,and stewardship of data used by AI systems. (k) We expect the county will be one source of digital literacy among residents to help them understand and engage with AI systems. (1) We expect AI systems to be reliable, meet their objectives, and deliver precise and dependable outcomes in their deployment contexts; (m) We expect AI decisions to be understandable to those affected. (n) We expect AI systems to prevent discrimination and bias, ensuring fair treatment for all residents. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 3 of 29 (o) We expect AI systems should be developed and deployed with a human- centered approach that evaluates their impact on the public. (p) We expect technological innovation to be embraced responsibly while minimizing environmental impacts. (q) We expect AI systems to comply with all relevant laws and regulations. (r) We expect privacy concerning personal data to be protected, while satisfying the requirements of the Washington Public Records Act, chapter 42.56 RCW. (s) We expect AI systems to comply with data protection laws. (t) We expect AI systems not to cause harm and to prioritize the safety of residents. (u) We expect AI systems to be secure against unauthorized access and ensure consistent performance. (v) We expect the use of AI systems to be proactively communicated to the public, ensuring that AI systems, their data sources, operational models, and governing policies are understandable and documented. (w) We expect Staff to be empowered to use AI in their roles through education, training, and collaborations that promote participation and opportunity. These guiding principles and values are the inspiration for this AI Policy,and AI users are expected to incorporate these same motivations in the implementation of this AI Policy. While the ideal course of action may not be obvious or practical in every circumstance, this AI Policy is designed to offer guidance to help AI users responsively navigate the use of AI systems. (4)DEFINITIONS (a)"Artificial Intelligence"(or"Al")means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to: (i) Perceive real and virtual environments; (ii) Abstract such perceptions into models through analysis in an automated manner; and, (iii) Use a model to formulate options for information or action. (b) "AI best practices" means the best practices described in National Cyber Security Centre, Best Practices for Securing Data Used to Train& Operate AI systems, Ver. 1.0 (May 2025). Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 4 of 29 (c) "AI model" means a set of programmed instructions that processes data to perform tasks, make decisions, or solve problems within an AI system. (d) "AI Policy" means this Jefferson County Artificial Intelligence Acceptable Development and Use Policy. (e) "AI System" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments and includes any tool, software, process, workflow, or other system which is based on AI or which uses an Al tool. (f) "AI Tool" means a piece of software which provides AI functionality and can be applied to a specific use case. (g) "AI Use Case" means specific task or purpose for which an Al tool is used or under consideration. (h) "AI User" means any person using, developing, purchasing, configuring, or maintaining any AI used by or for the County on its behalf, including contractors, consultants, elected officials, employees, and volunteers. (i) "AI User Guide" means a document which supplements an AI Policy with more detailed guidance on how to implement this AI Policy. (j) "Bias"means systematic tendencies that can exist within AI systems, often stemming from flawed data, algorithms, or design processes, that may lead to discriminatory or inaccurate outcomes affecting certain groups or persons. (k) "Central Services" means the County Central Services Department. (1) "Central Services Director" means the person holding the title of Director of Central Services or a delegee that has been delegated in writing. (m) "Chatbot" means a computer program that simulates human conversation through text or voice interactions. (n) "Consequential decision" means a decision that has a material legal or similarly significant effect on, or the cost of: (i) Hiring or retention of a contractor, employee, vendor or volunteer; (ii) Any budget decision; (iii) The provision of any essential government service; Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 5 of 29 (iv) Health care (as defined in this AI Policy); (v) Risk management, including but not limited to obtaining coverage for any risks by an insurance company or a self-insurance program; or, (vi) The provision of legal services. (o) "County" means the County, Washington. (p) "County Approved AI system" means an AI system approved for use by AI users as specified in section 7.a. (q) "County Information Systems" means all county information systems, including but not limited to computers or servers owned or operated by the County. For the avoidance of doubt, county operated systems include information systems owned by another person that contain data, information, programs or systems owned or controlled by the County such as cloud-based information systems. (r) "Data" means any digital representation of information, knowledge, facts, concepts, data programs or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a data network, data program, data services, or data system. (s) "Generative AI" means an AI system capable of generating text, images, video, or other media in response to prompts. (t) "Health care provider" means a person who is licensed, certified, registered, or otherwise authorized by the law of this state to provide health care in the ordinary course of business or practice of a profession. (u) "Health care" means any care, service, or procedure provided by a health care provider: (i) To diagnose, treat, or maintain a patient's physical or mental condition; or, (ii)That affects the structure or any function of the human body. (v)"Health care information" means all information about health care that is protected from disclosure by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule, 45 C.F.R. Parts 160 and 164, Chapter 70.02 RCW (Medical Records—Health Care Information Access and Disclosure) or RCW 42.56.360 (Health care exemption from disclosure of records under the Washington Public Records Act). Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 6 of 29 (w) "High-risk AI system" means any AI system that, when deployed, makes, or is a substantial factor in making, a consequential decision. "High-risk AI system" does not include an AI system if: (i) The AI system is intended to: (A) Perform a narrow procedural task; (B) Detect decision-making patterns or deviations from prior decision-making patterns and is not intended to replace or influence a previously completed human assessment without sufficient human review; (ii) The AI system uses the following technologies, unless the technologies, when deployed, make, or are a substantial factor in making, a consequential decision: (A) Anti-fraud technology that does not use facial recognition technology; (B) Anti-malware; (C) Anti-virus; (D) AI-enabled video games; (E) Calculators; (F) Cybersecurity; (G) Databases; (H) Data storage; (I) Firewall; (J) Internet domain registration; (K) Internet website loading; (L) Networking; (M) Spam- filtering; (N) Robocall-filtering; (0) Spell-checking; (P) Spreadsheets; Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 7 of 29 (Q) Web caching; (R) Web hosting or any similar technology; or, (S) Technology that communicates with consumers in natural language for the purpose of providing users with information, making referrals or recommendations, and answering questions and is subject to County policy that prohibits generating content that is discriminatory or harmful. (x) "IT" means the Jefferson County Information Technologies Department, a division of Central Services. (y) "Public Record" has the same meaning as in RCW 42.56.010(3). (z) "Risk management" means coordinated activities to direct and control an organization with regard to risk. (aa) "Section" means a section of this AI Policy, unless there is clear language in this AI Policy that a section of this AI Policy does not apply. (bb)"Substantial factor" means a factor that: (A) Assists in making a consequential decision; (B) Is capable of altering the outcome of a consequential decision; and, (C) Is generated by an AI system. "Substantial factor" includes any use of an AI system to generate any content, decision,prediction, or recommendation concerning consequential decision. (cc) "Writing" has the same meaning as in RCW 42.56.010(4). (5)APPLICABILITY OF THIS AI POLICY (a) This AI Policy governs the development, procurement or use of any AI Systems (as defined in this AI Policy) on any County Information System or for input of results from an external AI System into County Information Systems. (b) All County boards, commissions, committees, departments, and task forces shall comply with this AI Policy. (c) This AI Policy applies to: (i) Agents, contractors, elected officials, employees, officers, vendors and volunteers of the County who use or input data into County Information Systems; and, (ii) All AI users (as defined in this AI Policy). Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 8 of 29 (d)This AI Policy does not apply to any AI system which: (i) Has been evaluated and determined in writing by the Central Services Director to be safe for unrestricted usage; (ii) Has AI features included in applications maintained by Central Services, which are not part of the AI feature's core functionality or involve the use of sensitive data; and, (iii) That does not use or input data into County Information Systems. (6)COMPLIANCE WITH EXISTING LAWS AND POLICIES Development and use of AI systems shall comply with: (a) All applicable federal, state, and local laws and regulations; and, (b) All County policies, including but not limited to: (i) Jefferson County Social Media Policy (Resolution No. 14-20, March 16, 2020). (ii) Jefferson County Public Records Act Compliance Policy (Resolution No. 10-22, February 28,2022). (iii)Open Public Meeting Act Guidelines for Jefferson County Boards, Commissions & Committees (Resolution No. 50-22, October 24, 2022). (iv)Jefferson County Personnel Administration Manual (Resolution No. 19-0407- 25R, April 7, 2025). (7)PROHIBITED USES OF AN AI SYSTEM (a) The following AI systems are approved for use by the persons subject to this AI Policy listed in sections 5 and 6, subject to the limitations in this section 7: (i) Microsoft's Enterprise AI system called Co-Pilot(which is part of the Microsoft 365 suite of programs) is the preferred AI system to be used for generative AI that is approved for use by AI users (as defined in this policy). (ii) The Central Services Director shall maintain a list of AI systems that are approved, being tested by the Central Services Department, or are prohibited. AI users may only use AI systems that are authorized or are being tested by the Central Services Department. The Central Services Director shall publish the list on the County's web site. (b)Use of an AI system on a County-owned computer, server or system that is not on the list of AI systems approved and made available on the County's web site is prohibited. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 9 of 29 (c)Use of an AI system on a County-owned computer, server or system that is on the list of AI systems being tested for possible authorized use pursuant to section (11) is authorized until testing is complete. Once testing is complete, the Central Services Director shall determine whether such system shall be added to either the list of AI systems that are approved or the list of AI systems that are not approved. (d)Use of any high-risk AI system(as defined in this AI Policy)requires enhanced review and specific written approval before it can be added to the list of approved AI Systems in section 7(a)(i). (e)Use of an AI system on a County-owned computer, server or system to create any deepfake, which is an image created by using machine learning to capture and encode unique biometric characteristics of targets to combine the subject's unique characteristics with the acquired knowledge of general human expression in order to then synthesize the target's facial features, voice, mannerisms, etc. is prohibited. (f) Entry any of the following data into an AI system is prohibited: (i) Personal financial information for any individual. This includes credit card number, bank account number, PIN numbers, and any other financial information. (ii) Authentication information. Inputting any passwords, login credentials, or other authentication information into an AI system is prohibited. (iii) Personally Identifying Information. Inputting any personally identifying information into an AI system is prohibited. Personally identifying information includes name, address, phone number, email address, social security number, passport number, driver's license number, and any other information that can reasonably be used to identify an person. (iv) Health care information (as defined in this AI Policy). (v) Sensitive or confidential information. This includes any information that could be used or disclosed to harm the County or its employees or volunteers, or residents such as information about political affiliations, religious beliefs, membership in a protected class, criminal history, or information related to the County information system. (vi) Any information exempted from disclosure by the Public Records Act, chapter 42.56 RCW or some other federal or state statute, including but not limited to: (A) Attorney-client privileged records relating to representation of the County by its attorneys. The attorney-client privileged records are protect communications and advice between an attorney and their Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 10 of 29 client. RCW 5.60.060(2)(a) constitutes an "other statute' exemption under RCW 42.56.070(1) (B) Attorney work product records. Attorney work product records are: "Records that are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts are exempt from disclosure under [the Public Records Act]." RCW 42.56.290. (C) Autopsy records. Autopsy and post mortem reports and records are confidential and exempt from examination by the public. RCW 68.50.105(1). (D) Records related to juvenile offenses. RCW 13.50.050(1), (3). (E) Records of a person confined in jail. RCW 70.48.100(2). (F) Personal information in files maintained for County employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy. RCW 42.56.230(3). (G) Specific intelligence information. Secret information, information about an enemy, or conclusions drawn from such information or that would disclose particular methods or procedures for gathering or evaluating intelligence information. RCW 42.56.240(1). (H) Specific investigative records. Information on active ongoing law enforcement investigations. RCW 42.56.240(1). (I) Records protected by an "other statute which exempts or prohibits disclosure of specific information or records." RCW 42.56.070(1). A list of"other statutes" is attached as Appendix D. (8) PUBLIC RECORDS ACT COMPLIANCE Any product created by any AI system necessarily will be a "public record," as defined in RCW 42.56.010(3). All public records shall be managed in compliance with chapter 40.14 RCW (Preservation And Destruction of Public Records), chapter 42.56 RCW(Public Records Act), and the County's most recent version of the Jefferson County Public Records Act Compliance Policy. (9)ARCHITECTURAL AND TECHNICAL STANDARDS The architectural and technical standards associated with the enterprise use of AI systems shall be maintained by IT. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 11 of 29 (10) ROLES AND RESPONSIBILITIES The following persons and groups are responsible for the duties involved in implementing this AI Policy, as described below: (a)Central Services Director. The Central Services Director shall be responsible for: (i) Providing a public report at least annually to the Board of County Commissioners on County AI usage. (ii) Developing this AI Policy and additional guidance. (iii) Coordinating AI initiatives across departments and teams. (iv) Overseeing compliance with laws, regulations and County policies. (v) Providing guidance to AI users across the organization. (vi) Convening and overseeing the AI Review Committee. (vii) Leading the AI review process. (viii)Directing technology resources, policies, projects, and services. (ix) Reviewing the AI Review Committee recommendations on oversight and guidance on AI initiatives within the County. (x) Facilitating collaboration between teams and departments for successful implementation of this AI Policy. (xi) Overseeing enterprise security infrastructure and cybersecurity operations. (xii) Maintaining security policies, procedures, standards, and guidelines. (xiii)Monitoring compliance with security policies and related requirements. (xiv)Ensuring accurate data sensitivity classification and protections. (xv) Advising on compliance on AI usage. (xvi)Identifying legal issues and risks related to AI usage. (xvii) Investigating alleged violations of this AI Policy and recommend corrective actions. (b)AI Review Committee Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 12 of 29 The Board of County Commissioners shall establish an AI Review Committee with department representatives which shall be make recommendations to the Central Services Director on oversight and guidance on AI initiatives within the County. The AI Review Committee shall review and consider updates to this AI Policy, along with the Central Services Director, at least annually to reflect technological advancements and evolving community needs. The AI Review Committee shall be responsible for making recommendations to the Central Services Director on the following topics: (i) AI systems being considered for use by the County. (ii) Ethical concerns and conflicts. (iii) Policy and guidance updates. (c) County Administrator The County Administrator shall be responsible for: (i) Approving proposed changes to this AI Policy. (ii) Making a final determination whether to allow AI use cases which involve substantial risks of harm or other negative consequences. (iii) Enforcing corrective action for violations of this AI Policy. (d)Electeds and Department Heads Electeds and department heads or a delegee shall be responsible for: (i) Ensuring employee, contractor and vendor compliance with this AI Policy. (ii) Integrating AI systems into department operations that comply with this AI Policy. (iii) Facilitating training for staff on this AI Policy and AI best practices (as defined in this AI Policy). Unless otherwise specified, the specific officials listed above may delegate to one or more persons to act on their behalf with respect to this AI Policy, and in such cases those designees are understood to inherit the same authorities and obligations as the named officials. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 13 of 29 (e)AI Users (i) All AI users are responsible for complying with the requirements of this AI Policy. (ii) All AI users have the responsibility to verify the accuracy of any information acquired through the use of AI systems before using that information in any final, published, or production documents. (11) AI SYSTEM AND USE AND CASE APPROVAL PROCESS (a) AI Systems Review Process The Central Services Director shall establish a process under which all AI systems and AI Use Cases are subject to thorough testing to determine their compliance with this AI Policy prior to their implementation. The testing process shall: (i) Confirm compliance with the specific requirements and prohibitions established under this AI Policy; (ii) Consider the relative benefits and risks of each system or use case and determine whether or not approval is reasonable and aligned with the values and principles in this AI Policy; (iii) Specify the intended use cases of those systems and whether or not other use cases require additional review; (iv) Document the results of each review using a standard template, which results shall be retained for either the full lifespan of the AI system or use case or the retention period required under law for similar documents (whichever is longer). (b) Determination of High Risk Potential Negative Impacts (i) The Central Services Director shall create a standard for determining whether or not a particular AI system or AI use case has a high risk of potential negative impacts to any relevant person, group, or organization. (ii) A high-risk determination, that AI system or use case shall be presented to the full AI Review Committee for approval. (iii) Lower-risk AI systems and use cases may be approved by the Central Services Director at their discretion. (iv) The Central Services Director shall revisit all previously-approved AI systems and use cases at least annually, or sooner in the event of substantial modifications (such as a major software upgrade or change in scope), and Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 14 of 29 confirm in writing to the County Administrator the continued compliance and reasonableness of the AI system or use case. (c)Monitoring, Evaluation, and Accountability (i) The Central Services Director shall be responsible for implementing AI systems to monitor AI system performance, effectiveness, and policy compliance. The data collected from these AI systems shall be periodically reviewed to evaluate the effectiveness of AI systems and their impacts on the community. (ii) The Central Services Director shall establish procedures and protocols for responding to failures of AI systems and violations of this AI Policy, including corrective actions with regard to both the AI systems themselves and the persons and organizations involved. (iii) Upon the recommendation of the Central Services Director, , or County Administrator, independent audits shall be conducted to review AI systems for compliance with policies and ethical standards. Findings from audits and evaluations shall be used to refine AI policies, improve AI system functionalities, and determine any additional training or accountability requirements. (d)Data Management, Privacy, and Retention All AI systems shall comply with applicable data protection laws, regulations, and policies to safeguard data protected by this AI Policy. (e) Mitigation of Bias and Human Oversight All AI users shall be responsible for taking steps to mitigate potential biases (including but not limited to biases related to protected characteristics such as race, gender, sexual orientation, national origin, disability, or language) in AI systems they interact with, in accordance with training and recommendations provided by the Central Services Director. (f) Transparency and Explainability Upon the consideration or introduction of a new AI system which is likely to have major public impact, the Central Services Director shall ensure that key information is provided to affected groups and other stakeholders in a timely manner. Such information shall be provided in multiple formats or languages if necessary, consistent with the County's practice in communicating To the greatest extent possible, AI systems should provide clear and understandable explanations for their decisions and outputs, particularly in cases where erroneous results may create a risk of substantial negative impacts. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 15 of 29 (g)Training (i) All users shall be provided with regular training on AI technologies, ethical considerations, and compliance requirements to ensure knowledgeable and responsible use of AI systems, as recommended by the Central Services Director. (ii) The Central Services Director shall develop specific training requirements and content for users granted access to high-risk AI systems and associated data, focusing on compliance with this AI Policy and other associated laws, regulations, policies, and AI best practices. (iii) These trainings shall be updated on a regular basis to ensure their accuracy and relevance, and users' continued access to high-risk AI systems and data shall be contingent upon completion of additional required trainings determined by the Central Services Director. (h)Vendors and Third Parties (i) All vendors and other third parties who provide or interact with AI systems shall be required to comply with this and all other applicable policies, and this compliance shall be explicitly included in all relevant contracts and similar agreements. (ii) All technology vendors shall be required to disclose whether and how AI is used in their products and services, and what mechanisms they provide to allow for auditing these AI systems. These disclosures shall be provided using a standard form developed and maintained by the Central Services Director and required in all technology procurements. (iii) Vendors shall be evaluated based on their commitment to responsible AI development and their history of adherence to ethical standards, and preference in procurement decisions shall be given to vendors which can effectively provide transparency into their AI systems and practices to both the County and the public. (i) Labeling of AI-generated Content All content generated by AI systems and presented to the public shall be clearly labeled as such. This shall include all text, audio, image, and video content, as well as interactive AI systems such as chatbots and automated decision-making tools. All persons involved in disseminating content generated by an AI system on behalf of the County shall be responsible for ensuring the accuracy of such content and its appropriate labeling. The Central Services Director or designee shall establish standard mechanisms for the County personnel and members of the public to report violations of this labeling requirement. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 16 of 29 (12) PROCEDURES (a)Attribution (i) The use of AI systems and the resulting product(s) shall be attributed, referenced, and cited in any electronic or paper material produced and published by anyone subject to this AI Policy. (ii) Attribution should include a description of the source application, how it was used, how the material was edited, by whom, and the date. For example: "Microsoft Co-Pilot was used to generate the charts and data referenced above. The content was reviewed and edited before being published by Sam Smith, Jefferson County Public Works Department, on 04/15/2026." (b)Intellectual Property Content produced by AI systems may implicate intellectual property rights and likely will include copyrighted material. AI systems shall be "trained"using Data(text, images, etc.) that has been sourced from the internet without regard for copyright or licensing terms. It is extremely difficult to determine what content was used to train an AI system, and difficult to verify whether AI-generated content is wholly original or only a slight stylization of existing copyrighted material. Nevertheless, County AI users are required to perform due diligence to ensure that no copyrighted material is published by the County without proper attribution or without obtaining proper rights. (c)Validation Required (i) Complex algorithms of AI systems exponentially increase risk when incomplete or inaccurate data is involved. AI systems shall be validated and regularly assessed to ensure completeness and accuracy. Results from decisions, code, or research supported by AI systems should consistently align with those of a human subject matter expert. (ii) AI users shall verify the accuracy of any information acquired through the use of AI systems before using that information in any final, published, or production documents. If AI users are uncertain about the accuracy of the obtained information, they should consult their supervisor or seek advice from a IT. (iii) AI users shall independently verify any quotes or references generated by AI systems. AI users shall not assume that a quote or reference is accurate, or real. AI systems rarely act as if they are uncertain,making false answers difficult to spot. AI systems can generate: (A) Fabricated content, sometimes called "hallucinations." This is a phenomenon where an AI system, particularly those using large Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 17 of 29 language models, generates false, inaccurate, or illogical information while presenting it in a confident, authoritative, and convincing manner. Fabricated content occurs when an AI system creates synthetic data, fabricates facts, or invents nonexistent sources. An AI system may invent fake academic papers, legal cases, scientific studies, or personal facts. (B) Factual Errors: Stating incorrect facts, such as "Einstein won two Nobel Prizes." (C) Image Distortions: AI systems can create anatomically incorrect figures (e.g., too many fingers). Verification shall include cross-referencing sources included in the AI output, or independently verifying dates, names and events in peer reviewed or authoritative published literature on the internet or printed material. (d)Decision Making County departments shall utilize AI systems to enhance efficiency and effectiveness. AI systems can be used for idea generation and as one source of information when researching a topic. AI systems products shall be human reviewed and edited before usage in any final, published, or production documents. This is particularly important when the content is public facing. AI users shall be responsible for their use of AI systems and the application of any content or product in work tasks generated by AI systems. (e)Equity and Inclusion (i) While AI systems can reduce workloads, support capacity, and increase accessibility,the generated content reflects the cultural,economic,and social biases of the source materials used for training. The algorithms applied can be a source of bias as well. Applying principles from the equity and empowerment lens, AI users should thoroughly review any content generated by AI systems to ensure that any instances of bias, or potentially offensive or harmful material, is changed or removed. (ii) When it comes to the adoption of AI systems, the County's goal is to eliminate digital disparities and ensure that persons who belong to a protected class and those impacted by language or other accessibility barriers have equal access to and benefit from the County programs, activities,benefits,and services. To uphold this commitment,the County applies the equity and empowerment lens to address race, color, national origin, disability, religion, age, gender, sexual orientation, gender identity and expression, marital status, veteran status, source of income, or any other basis prohibited by federal, state, or local law. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 18 of 29 (f) Final Requirements (i) Under no circumstances is a County employee authorized to engage in any activity that is illegal under local, state, federal, or local law while utilizing County-owned resources, including County Information Systems. (ii) County employees shall comply with all applicable County policies and are required to read and understand them. Responsibilities for protecting County information protected by an exemption in the Public Records Act do not end at the termination of employment. (13) CONSEQUENCES FOR NONCOMPLIANCE (a)Department heads shall ensure compliance with this AI Policy and are accountable for any AI systems deployed by their department. (b)Violations of this AI Policy shall be grounds for disciplinary action under the current version of the County's standards of conduct policy in Appendix C of to the Jefferson County Personnel Administration Manual, up to and including termination of employment; and enforcement action which shall include civil or criminal penalties. (14) LIMITATIONS OF THIS AI POLICY1 (a) Nothing in this AI Policy restricts the County or any other person's ability to: (i) Comply with federal, state, or municipal laws, ordinances, or regulations; (ii) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, a state, a municipal, or other governmental authority; (iii) Cooperate with a law enforcement agency concerning conduct or activity that the developer, deployer, or other person reasonably and in good faith believes may violate federal, state, or municipal laws, ordinances, or regulations; (iv) Investigate, establish, exercise, prepare for, or defend legal claims; (v) Take immediate steps to protect an interest that is essential for the life or physical safety of a consumer or another person; (vi) By any means other than the use of facial recognition technology, prevent, detect, protect against, or respond to security incidents, Adapted from the Colorado Al Act,Colo.Rev.Stat. §6-1-1705(2026). Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 19 of 29 identity theft, fraud, harassment, malicious or deceptive activities, or illegal activity; investigate, report, or prosecute the persons responsible for any such action; or preserve the integrity or security of AI systems; or, (vii) Assist any other person with any of the obligations imposed under this AI Policy. (b) Nothing in this AI Policy restricts the Central Services Department from conducting research, testing, and development activities regarding an AI system or AI model, other than testing conducted under real-world conditions, before an AI system or AI model is deployed or put into service by the County; (c)Nothing in this AI Policy imposes any obligation on any person that adversely affects their rights or freedoms, including the rights to freedom of speech or freedom of the press that are guaranteed in: (i) The first amendment to the United States constitution; or, (ii) Section Article I, Section 5 of the Washington constitution. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 20 of 29 APPENDIX A: REFERENCES Reference To sic Citation Federal Law National Artificial Intelligence Initiative Shaping AI 15 U.S.C. section Act of 2020 (P.L. 116-283) development and use in 9401 et. seq. the United States Health Insurance Portability and Protection of heath 45 C.F.R. Parts 160 Accountability Act of 1996 (HIPAA) information and 164_. Privac Rule Washington Law Protection of the Right to Privacy Protection of privacy Chapter 9.73 RCW Preservation and Destruction of Public Rules for preservation Chapter 40.14 RCW Records and destruction of public records Washington Public Records Act Promote open Chapter 42.56 government RCW Health care exemption from disclosure of Protection of heath RCW 42.56.360. records under the Washington Public information Records Act Medical Records—Health Care Protection of heath Chapter 70.02 RCW. Information Access and Disclosure Law information SHB 1205 (2025) Reenacts and amends See the URL in the RCW 9A.60.0 10 and footnote below.2 9A.60.045 and makes it a crime to knowingly distribute a forged digital likeness of another person to defraud, harass, threaten, or intimidate another, or for an unlawful .0 .ose Other References and Standards National Cyber Security Centre, Best Best Practices for See the URL in the Practices for Securing Data Used to development and use of footnote below.3 Train& Operate AI systems, (Ver. 1.0 AI systems May 2025) National Institute of Standards and Standards for use of AI See the URL in the Technology, Artificial Intelligence Risk systems footnote below.4 2 https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session%20Laws/House/1205-S.SL.pdf,Accessed April 11,2026. https://media.defense.gov/2025/May/22/2003720601/-1/-1/0/CSI AI DATA SECURITY.PDF, Accessed April 12,2026. 4 https://doi.org/10.6028/NIST.AI.100-1,Accessed April 11,2026. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 21 of 29 Reference l opic ('nation Management Framework (Al RMF 1.0 2023) Washington State Artificial Intelligence ESSB 5838 (2024) See the URL in the Task Force's Interim Report(December established the footnote below.5 1, 2025) Washington State Artificial Intelligence Task Force to evaluate AI development, use and risks Mark H. Francis and Ashwini Jarrala, Washington State See the URL in the Legal Practitioner's Guide to AI & Artificial Intelligence footnote below.6 Hallucinations(February 16, 2026) Task Force companion report Colorado's AI Act(March 26, 2026) Regulation of AI Colo. Rev. Stat. § 6- 1-1701 et. seq. See the URL in the footnote below. 5https://agportal-s3 bucket.s3.us-west-2.amazonaws.com/AI%20Task%20Force/WA%20AI%20Task%20Force%20- %20Literature%20Review%20of%20AI%20Risks%20and%200pportunities.pdf?Versionld=2I mmRG ns5c I ZqxE tRqJtYuwtg7eC9q,Accessed April 1,2026. 6 https://nationalcenterforstatecourts.app.box.com/v/Legal-practitioner-guide-AI,Accessed April 1,2026. 'https://practicalcompl iance.thomsonreuters.com/Browse/Home/Jurisdiction s/U n itedStates/Colorado/ColoradoStatut es?guid=NBB934F3017C E 11 EF9141 A71 BA98479C6&originationContext=documenttoc&transitionType=Default &contextData=(sc.Default)&firstPage=true,Accessed April 15,2026. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 22 of 29 APPENDIX B: RELEVANT COMPLIANCE REQUIREMENTS This appendix provides references to applicable key regulations and standards. This appendix does not replace the authoritative source and is only a reference to assist with further research. Please use the Compliance Standard and Section No. to further research the entirety of the regulation, framework or standard from the authoritative source. Compliance Location Description Standard HIPAA 45 CFR 164,Subpart C Security Standards for the Protection of Electronic Protected Health Information. 45 CFR 164.316 Policies and procedures and documentation requirements. PCI DSS v3.2 12.2 at page 295 Acceptable Uses of the Technology. (Jun. 2024) NIST CSF 2.0 Information Protection Processes and Procedures. (Feb. 2024) NIST 800-536, AI system Use Notification. Revision 5 AC-8 at page 40 (Sep. 2020) Various sections Policies and Procedures. PL-4 at page 197 Rules of Behavior. PS-6 at page 226 Access Agreements. Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 23 of 29 APPENDIX C: RECORDS PROTECTED FROM DISCLOSURE BY AN "OTHER STATUTE" THAT ARE NOT TO BE USED IN AN AI SYSTEM [ATTACHED] Title: Jefferson County Artificial Intelligence Acceptable Development and Use Policy Page 24 of 29 [This page intentionally left blank] Page 25 of 29 APPENDIX C List of Other Statutes Exempting Disclosure under the Washington Public Records Act (Chapter 42.56 RCW) RCW 42.56.070(2)requires an agency to: publish and maintain a current list containing every law, other than those listed in the PRA,that the agency believes exempts or prohibits disclosure of specific information or records of the agency.An agency's failure to list an exemption shall not affect the efficacy of any exemption. Washington State Statutes RCW 2.64.111 Judicial conduct commission investigations of judges and initial proceedings RCW 4.24.550 Information on sex offenders RCW 4.24.641 and.611 Trade secrets and confidential research,development or commercial information re products or business methods RCW 5.60.060 Privileged communications RCW 5.60.070;RC W Mediation records 7.07.070 RCW 7.68.140 Victims' compensation claims RCW 7.69A.030(4) Name,address and photograph of child victim or child witness RCW 7.69A.050 Child victims and witnesses of certain crimes—protection of address RCW 7.75.050 Records of Dispute Resolution Centers RCW 9.02.100 Reproductive privacy RCW 9.41.097(2) Mental health information re persons buying pistols or applying for CPLs RCW 9.41.129 Concealed pistol license applications RCW 9.73.230 Name of confidential informants in written report on wire tapping RCW 9.51.050 Disclosing transaction of grand jury RCW 9.51.060 Disclosure of grand jury deposition RCW 9.73.090(1)(c) Prohibition on disclosure of law enforcement dash cam videos until final disposition of litigation RCW 9A.44.138 Offender registration information given to high school or institution of higher education re an employee or student RCW 9A.82.170 Financial institution records re criminal profiteering act RCW 10.27.090 Grand jury testimony/evidence RCW 10.27.160 Grand jury reports—release to public only by judicial order RCW 10.52.100 Records identifying child victims of sexual assault Information re victims, next of kin, or witnesses requesting notice RCW 10.77.205 of release of person found not guilty of a sex,violent,or felony harassment offense by reason of criminal insanity and the notice itself Page 26 of 29 RCW 10.77.210 Records of persons committed for criminal insanity RCW 10.97.040 Criminal history information released must include disposition, with some exceptions RCW 10.97.050 Conviction and criminal history information RCW 10.97.060 Deletion of certain criminal history record information, conditions RCW 10.97.070 Disclosure of identity of suspect to victim RCW 10.97.080 Inspection of criminal record by subject RCW 10.97.130 Information about victims of sexual assault under age eighteen RCW 10.101.020(3) Information given by an accused regarding determination for indigent defense RCW 13.34.115 Court dependency proceedings RCW 13.40.217 Juveniles adjudicated of sex offenses—release of information RCW 13.50.010 Maintenance of and access to juvenile records RCW 13.50.050 Juvenile offender records RCW 13.50.100 Juvenile/children records not relating to offenses RCW 13.60.020 Missing children or endangered person information RC W 18.04.405 Confidentiality of information gained by CPA RCW 18.19.060 Notification to clients by counselors RCW 18.19.180 Confidential communications with counselors RCW 19.215.020 Destruction of personal health and financial information RCW 19.34.240(3) Private digital signature keys RCW 19.215.030 Compliance with federal rules RCW 26.04.175 Name and address of domestic violence victim in marriage records RCW 26.12.170 Reports of child abuse/neglect with courts RCW 26.23.050 Child support orders RCW 26.23.120 Child support records RCW 26.26.041 Uniform Parentage Act—protection of participants RCW 26.26.450 Confidentiality of genetic testing RCW 26.33.330 Sealed court adoption records RCW 26.33.340 Agency adoption records RCW 26.33.343 Access to adoption records by confidential intermediary RCW 26.33.380 Adoption—identity of birth parents confidential RCW 26.44.010 Privacy of reports on child abuse and neglect RCW 26.44.031 Information related to reports of child abuse or neglect RCW 26.44.125 Reports,reviews and hearings related to a review of abuse finding RCW 27.53.070 Records identifying the location of archaeological sites RCW 29A.08.720 Voter registration records—place of registration and any decision not to register to vote confidential RCW 29A.08.710 Voter registration records—certain information exempt RCW 35.102.145 Municipal business and occupation tax— local ordinance can protect return or tax information Page 27 of 29 RCW 36.28A.060(8) Tactical and intelligence information provided to WASPC Alternative public works-trade secrets or other proprietary information submitted by bidder in connection with an RCW 39.10.470(2) alternative public works transaction if data identified and reasons stated in writing RCW 39.10.470(3) Alternative public works—proposals submitted by design-build finalists until notification of highest scoring finalist is made RCW 42.23.070(4) Municipal officer disclosure of confidential information prohibited RCW 42.41.030(7) Identity of local government whistleblower RCW 42.41.045 Non-disclosure of protected information (whistleblower) RCW 43.43.762 Contents of statewide criminal street gang database RCW 46.12.635 Vehicle registration RCW 46.52.065 State toxicologist records relating to analyses of blood samples RCW 46.52.080 Traffic accident reports—confidentiality RCW 46.52.083 Traffic accident reports—available to interested parties RCW 46.52.120 Traffic crimes and infractions—confidential use by police and courts RCW 46.52.130(2) Abstract of driving record— limited disclosure RCW 48.62.101 Local government insurance/risk management liability reserve funds established to settle claims RCW 50.13.060 Access to employment security records by local government agencies RCW 50.13.100 Disclosure of confidential employment security records allowed if identifying information deleted or with consent RCW 51.28.070 Worker's compensation records confidential— limited disclosure RCW 51.36.060 Physician information on injured workers RCW 60.70.040 No duty to disclose record of common law lien RCW 68.50.105 Autopsy reports—confidential—limited disclosure RCW 68.50.320 Dental identification records—available to law enforcement agencies Ch.70.02 RCW Medical records—access and disclosure—entire chapter (information from HC providers) RCW 70.05.170 Child mortality reviews by local health departments RCW 70.24.022 Public health agency information regarding sexually transmitted disease investigations-confidential RCW 70.24.024 Transcripts and records of hearings regarding sexually transmitted diseases RCW 70.28.020 Local health department TB records—confidential RCW 70.41.200 Hospital quality improvement committee records and accreditation reports RCW 70.48.100 Jail records and booking photos RCW 70.58.055 Birth certificates—certain information confidential RCW 70.58.104 Vital records,research confidentiality safeguards Page 28 of 29 RCW 70.94.205 Washington Clean Air Act—confidentiality of data. RCW 70.96A.150 Registration and other records of alcohol and drug abuse treatment programs RCW 70.123.075 Client records of domestic violence programs RCW 70.125.065 Records of community sexual assault program and underserved populations provider in discovery RCW 71.05.425 Notice of release or transfer of committed person after offense dismissal RCW 71.05.445 Release of mental health information to Dept. of Corrections RCW 71.05.620 Access to court records related to mental health cases under chapter 71.05 RCW RCW 71.24.035(5)(g) Mental health information system—state, county and regional support networks—confidentiality of client records RCW 71.34.335 Mental health treatment of minors—records confidential RCW 71 A.14.070 Records regarding developmental disability—confidentiality RCW 72.09.345 Notice to public about sex offenders—department of corrections access to information RCW 72.09.585 Disclosure of inmate records to local agencies—confidentiality RCW 73.04.030 Veterans discharge papers exemption (see related RCW 42.56.440) RCW 74.04.060 Applicants and recipients of public assistance RCW 74.04.520 Food stamp program confidentiality RCW 74.13.075(5) Juvenile's status as a sexually aggressive youth and related info RCW 74.13.280 Children in out-of-home placements - confidentiality RCW 74.20.280 Child support enforcement—local agency cooperation, information RCW 74.34.095 Abuse of vulnerable adults-confidentiality of investigations and reports RCW 82.32.330 Disclosure of tax information RCW 84.36.389 Confidential income data in property tax records held by assessor RCW 84.40.020 Confidential income data supplied to assessor regarding real property Page 29 of 29 Selected Federal Confidentiality Statutes and Rules 18 USC§2721 -2725 DriverandLicense Plate Information 20 USC§ 1232g Family Education Rights and Privacy Act 23 USC§409 Evidenceofcertainaccidentreports 42 USC 290dd-2 Confidentiality of Substance Abuse Records 42 USC§405(c)(2)(C)(viii)(I) Limits onUse and Disclosure of Social Security Numbers. 42 USC 654(26) State Plans for Child Support 42 USC 671(a)(8) State Plans for Foster Care and Adoption Assistance 42 USC 1396a(7) State Plans for Medical Assistance 7CFR272.1(c) Food Stamp Applicants and Recipients 34 CFR 361.38 State Vocational Rehabilitation Services Programs 42 CFR Part 2(2.1 -2.67) Confidentiality of Alcohol and Drug Abuse Patient Records 42 CFR 431.300-307 Safeguarding Information on Applicants and Recipients of Medical Assistance 42 CFR 483.420 Client Protections for Intermediate Care Facilities for the Mentally Retarded 42 CFR 5106a Grants to States for Child Abuse and Neglect Prevention and Treatment Programs 45 CFR 160-164 HIPPA Privacy Rule 46 CFR 40.321 USCG regulations regarding confidentiality 28 USC§534(b) Information from the FBI 5 USC§552(a) SSN #& Passport# 26 USC§6103(a) Taxpayer information 42 USC§12112(d)(3) Employee ADA accommodations 17 USC§102, 301, and 106(1) Federal Copyright Act