HomeMy WebLinkAbout122115_ca11JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Commissioner
FROM: Sophie Nordstrom
DATE: Monday, December 2015
RE: Memorandum of Understanding
General Court Rule 31.1
STATEMENT OF ISSUE: This is a Memorandum of Understanding between the Executive
Branch of Jefferson County government and Jefferson County Superior Court
ANALYSIS:
General Court Rule 31.1 goes into effect on January 1, 2016, in order to be proactive in our
compliance, the respective departments impacted by GR 31.1, have come together to establish
clear and concise procedures. Included in this process is clarifying the role of the Executive
Branch of Jefferson County as it pertains to forwarding GR 31.1 requests for public records to
Jefferson County Superior Court.
FISCAL IMPACT:
Setting forth a working agreement between Jefferson County Executive and Judicial branches
will circumvent any undue liability stemming from lack of compliance. The fiscal impact of
GR 31.1 requests, if done according to procedure, would be minimal. Additionally, the ability
to implement an hourly fee may offer compensation to the respective department for time and
materials associated with providing a request for records.
RECOMMENDATION:
That the Board approve this Memorandum of Understanding and sign three originals. A fully
executed original will be returned to the BOCC office
REVIEWED BY:
4ountyy 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 Superior Court or its employees.
This MOU recognizes that the Jefferson County Superior 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 Superior Court records are maintained exclusively by Jefferson
County Superior Court
Other Jefferson County Superior 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 public records related to the Jefferson County Superior Court or its
employees.
When the Executive receives a public records request related to the Jefferson County
Superior Court or its employees, the parties agree to employ the following process:
1. For requests for Jefferson County Superior Court records that are maintained
exclusively by the Jefferson County Superior Court happen to reside on executive
branch IT servers, including telephone records, the Executive will forward the
request to the Jefferson County Superior Court and inform the requester that -a
response to the request will come directly from the Jefferson County Superior Court.
The request will be provided to the Public Records Officer of the Jefferson County
Superior 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 Jefferson County Superior 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 Superior Court. The Jefferson County Superior
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 VDat
Attest:
Carolyn Avery,
Deputy Clerk of the Board
Approved as to Form:
� 0 U A I
David Alvarez,
Chief Civil Deputy Prosecligg Attorney
Board of County Commissioners
David Sullivan, Chair
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