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HomeMy WebLinkAboutJefferson County District Court - 122115la�� � ►�C. la �t-IS C�: Icc r General Court Rule 31. Memorandum of Understanding between Jefferson County district Court and the Board of County Commissioners on behalf of the Jefferson County Executive Branch 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 oz3 �� JillVndes , Presiding Judge Da e Attest: Carolyn ANdry, Deputy Clerk of the Board Approved as to Form: 4)" a 'r&MI41Z David Alvarez, Chief Civil Deputy Pros cuting Attorney Board of County Commissioners David Sullivan, Chair Date Page 2 of 2 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Tracie Bick -0 DATE: December 16, 2015 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: Hip More-untyZAdrninis:0ior Date CONTRACT REVIEW FORM �S CONTRACT WITH: District Court and Executive Branch CONTRACT FOR: MOU COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: TERM: Effective Jan 1, 2016 IYU V 6 U District Court Tracie Bick 360 385 9134 unu..4) A hn9c RETURN TO: Tracie Bick RETURN BY: ASAP JEFFERSON COUNTY (Person in Department) (Date) PkesietJTING A170 AMOUNT: Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds Step 1: REVIEW BY Review by: Date Reviewed: APPROVED FORM Comments ,1,/�, to, It PROCESS: Exempt from Bid Process Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other U Returned for revision (See Comments) P A7 ..�� Step 2: REVIEW BY PROSECUTIN Review by: L�,i^ Date Reviewed: APPROVED AS TO FO Returned for Commen s1 CA (A! 12 Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and kcopies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)