HomeMy WebLinkAbout122115_ca09JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Tracie Bick �(�j
DATE: December 16, 2+015
RE: Memorandum of Understanding between Jefferson County District
Court and The Board of County Commissioners on behalf of the
Jefferson County Executive Branch
STATEMENT OF ISSUE: - The purpose of this Memorandum of Understanding (MOU) is to
set forth the intent of the parties when the Executive Branch of Jefferson County government
(Executive) receives a public records request related to Jefferson County District Court or its
employees.
ANALYSIS: This MOU recognizes that the Jefferson County District Court falls within the
judicial branch, an independent branch of government, and is not included within the definition of
an "agency" under the Public Records Act, chapter 42.56 RCW (PRA). This MOU outlines the
responsibilities and procedures for both Jefferson County District Court and the Executive Branch
of Jefferson County when public records are requested.
FISCAL IMPACT: No fiscal impact.
RECOMMENDATION: Execute the agreement as presented.
DEPARTMENT CONTACT: Tracie Bick
REVIEWED BY:
Hipp Mor unty Administr r Date
The purpose of this Memorandum of Understanding (MOU) is to set forth the intent of the
parties when the Executive Branch of Jefferson County government (Executive) receives a
public records request related to Jefferson County District Court or its employees.
This MOU recognizes that the Jefferson County District Court falls within the judicial branch,
an independent branch of government, and is not included within the definition of an
"agency" under the Public Records Act, chapter 42.56 RCW (PRA).
The Executive is an "agency" under the PRA and must respond to requests for public
records. "Public record" includes any writing containing information relating to the conduct
of government or the performance of any governmental or proprietary function prepared,
owned, used, or retained by any state or local agency regardless of physical form or
characteristics. RCW 42.17.020(42).
Some of District Court records are maintained exclusively by Jefferson County District Court
Other District Court records reside on Executive IT servers. The Executive is an incidental
custodian of these records and does not use them for any executive branch purpose.
There are other instances where the Executive performs administrative functions, including
but not limited to processing of payroll and benefits, facilitating telecommunications, and
using or producing records related to the Jefferson County District Court or its employees.
When the Executive receives a public records request related to the Jefferson County
District Court or its employees, the parties agree to employ the following process:
For requests for District Court records that are maintained exclusively by the District
Court happen to reside on executive branch IT servers, including telephone records,
the Executive will forward the request to the District Court and inform the requester
that a response to the request will come directly from the District Court. The request
will be provided to the Public Records Officer of the Jefferson County District Court
who will respond to the request in accordance with Court General Rule 31.1 (GR
31.1).
2. In response to requests for records relating to Jefferson County District Court or its
employees which are used by the Executive to perform administrative functions,
including but not limited to payroll and benefits administration, the recipient of the
request (whether the Court or the Executive Branch) will promptly notify and provide
a copy of the request to the Public Records Officers of both the Executive and
Jefferson County District Court. The Jefferson County District Court will respond to
the requestor and provide the Executive Public Records Officer a copy of the
response.
Jefferson County District Court
Jill Landes , Presiding Judge
Attest:
Carolyn Avery,
Deputy Clerk of the Board
Board of County Commissioners
Date David Sullivan, Chair
Approved as to Form:
2Davi12z -
David
d Alvarez,
Chief Civil Deputy Prosecuting Attorney
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