HomeMy WebLinkAbout122115_ca10Consent Agenda
Juvenile Services
Jefferson County
Board of County Commissioners
Agenda Request
To: Board C un omm ioners
1
From: Bar aral. C rr, enile Court Administrator
Date: Wcek of UeVnber 21, 2015
Subject: Memorandum of Understanding between Jefferson County Juvenile
Court and BOCC for Executive Branch pursuant
GR 31.1
Statement of Issue:
This MOU authorizes appropriate action upon a request for public records of the judicial branch
pursuant to GR 31.1 and/or the PRA.
Analysis:
Some duties performed by the Executive Branch of Jefferson County on behalf of the judicial
branch are subject to GR 31.1. This MOU allows the cooperation between the Public Records
Officers of both branches to see that those requests are appropriately processed.
Alternatives:
None — statutorily required.
Fiscal Impact:
None.
Recommendation:
T th - oard app s the Memorandum ooff/Understanding.
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hilip Morl unty Adr� for
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 Juvenile and Family Court (a division of
the Superior Court) or its employees.
This MOU recognizes that the Jefferson County Juvenile and Family 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 Jefferson County Juvenile and Family Court records are maintained exclusively by
Jefferson County Juvenile and Family Court.
Other Jefferson County Juvenile 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 or facilitating telecommunications, and
using or producing public records related to the Jefferson County Juvenile and Family Court
or its employees.
When the Executive receives a public records request related to the Jefferson County
Juvenile and Family Court or its employees, the parties agree to employ the following
process:
For requests for Jefferson County Juvenile and Family Court records that are
maintained exclusively by the Jefferson County Juvenile and Family Court happen to
reside on executive branch IT servers, including telephone records, the Executive
will forward the request to the Jefferson County Juvenile and Family Court and
inform the requester that a response to the request will come directly from the
Jefferson County Juvenile and Family Court. The request will be provided to the
Public Records Officer of the Jefferson County Juvenile and Family 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 the Juvenile and Family 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 Juvenile 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 Juvenile Court. The Jefferson County Juvenile Court will
respond to the requestor, and provide the Executive Public Records Officer a copy of
the response.
Jefferson County Superior Court
Keith Harper, Presiding Judge
Attest:
Carolyn Avery,
Deputy Clerk of the Board
Board of County Commissioners
Date David Sullivan, Chair
Approved as to Form:
6,j &,"I 4 j
David Alvarez, 61
Chief Civil Deputy Prosecuting Attorney
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