HomeMy WebLinkAboutWashington State Archives, Office of the Secretary of State: Digital Archives - 070516JQ
Office of the Secretary of state
Washington State Archives TA #
Washington State Archives, Digital Archives
County Clerk Transmittal Agreement
GOVERNMENT PARTNER: = Jefferson County Clerk
RECORD SERIES: Superior Court Case Files (CL65-01-08)
The Washington State Archives, Digital Archives, Office of the Secretary of State (hereafter Digital Archives) and
the Government Partner, Jefferson County Clerk (hereafter Partner), enter this agreement pursuant to the technical
requirements required for transmission/transfer of court records as outlined in the following sections of WAC 434-
662 : 434-662-060, 434-662-070, 434-662-090, and 434-662-100. Court records transferred to the Digital Archives
are defined in General Rule 31 (GR 31) and will be administered and managed in accordance with GR 31, GR 15,
GR 22, and RCWs 36.23.065 and 36.23.067, pursuant to the Partner's authority granted by RCW 2.32.050. The
Digital Archives pledges to manage these records according to the terms of this agreement, the statutory
responsibilities of the State Archivist, the statutory responsibilities of the County Clerk, and professional archival
principles and standards.
Public access to court records may be provided through the Digital Archives website in accordance with GR 31,
with the exception of those court records identified by the Partner on a Transfer Information Plan (TiP) as statutorily
confidential, court ordered sealed, or access is restricted pursuant to state and/or local court rule. Granting access to
court records that are statutorily confidential, court ordered sealed, or restricted pursuant to state and/or local court
rule is the responsibility of the Partner. Partner retains ownership of all records transmitted to the Digital Archives,
and retains exclusive rights to make all decisions pertaining to access. Requests for certified copies of court records
will be directed to the Partner for completion. The Digital Archives will provide the Partner and the Partner's
designees with secure credentials to access all of the Partner's court records including confidential court records.
Partner's designee(s) must comply with procedures established by the Digital Archives for secure access privileges.
All designees must be approved in writing by the Partner. With respect to public disclosure requests, under
Washington law, the Partner and court records, as part of the judiciary, are not subject to the Public Records Act (the
"PRA"), Chapter 42.56 of the Revised Code of Washington ("RCW"). See Nast v. Michels (107 Wn.2d 300, 308,
730 P.2d 54 (1986) and City of Federal Way v. Koenig, 16 Wn. 2d 341, 217 P. 3d 1172, 1174 (2009).
In consultation with the Partner, the Digital Archives may decide not to display some records or portions of records.
In these instances, to the fullest extent permitted by law, Partner shall indemnify, defend and hold harmless the State
of Washington, the Office of the Secretary of State and the Digital Archives, from and against all claims arising out
of or resulting from the disclosure of records within this transfer of court records. The Digital Archives does not
knowingly display court records that are statutorily confidential, court ordered sealed, or are otherwise restricted
pursuant to state and/or local court rule. If the Digital Archives discovers a court record containing statutorily
confidential, court ordered sealed or restricted information pursuant to state and/or local court rule on the website,
they will immediately remove the information from public view and notify the Partner of the disclosure and
removal. If the Partner discovers a court record containing statutorily confidential, court ordered sealed, or
restricted information on the website, they will contact the Digital Archives which will immediately remove the
record from public view.
The Partner and the Digital Archives commit to work cooperatively to develop all connections, interfaces, and other
information technology needs required to transfer archival electronic court records to the Digital Archives. The
Partner agrees to complete the TIP and to provide the Digital Archives with sample data, if requested, before
transferring records to the Digital Archives. The sample records are considered secondary copies and will be
destroyed by the Digital Archives after the full records transfer has been completed.
Documenting Democracy
12/28/2011 ORIGINAL
TA #
Entire UnderstandinS
This agreement and the TIP set forth the entire understanding of the parties and may be modified only by written
amendment signed by each party. The Digital Archives and the Partner reserve the right to make changes to this
agreement as necessary and to convey such changes in writing with thirty (30) days notice to the Partner prior to the
change taking effect.
Clerk's Certification
The Partner and the Digital Archives agree that all Transmittal Agreements and TIPS shall include the following
Clerk's Certification_pursuant to RCW 36.23.065:
"I swear that the documents transmitted are a true and correct copy of the original on file in my office."
Date !1,M
Signature Date Signature Date
[County name] COUNTY AUTHORITY S- ARCHIVIST
Print Name Print Name
Title Title
Signature Date 4Larez,
as form only
[County name] COUNTY CLERK/ G
PARTNLR AUTHORITY PURSUANT TO RCW 2.32.050
'lam- L—t O t2 -O o N son Co. ChiProsecfDavid AlvChief Ct DPA
Print Name
Title
2
Documenting Democracy
WASHINGTON STATE DIGITAL ARCHIVES
TRANSFER INFORMATION PLAN (TIP)
PARTNER: Jefferson County Clerk
Section A — Records Identification
1. Please provide the following (attach additional pages if necessary):
a. Record Series Title: Superior Court Case Files
b. Disposition Authority Number (DAN): CL 65-01-08; CL2014-010
c. Inclusive Dates: All case records filed since January 1, 2005. (GR 31 adopted 10/26/04.)
d. Please provide a brief description of the records in this series:
Permanent case records of Jefferson County Superior Court. Criminal (case type 1); Civil
(type 2); Domestic (type 3); Probate/Guardianship (type 4); Adoption/Parentage (type 5);
Mental Illness (type 6); Dependency/Truancy (type 7); Juvenile Offender (type 8).
e. All unrestricted records transferred to the Digital Archives are subject to display on the
Digital Archives website. Please identify and cite any statutory restrictions on public access
to these records, as well as your agency's access policies to these records:
The following statutes and court rules govern access to these records: RCWs: 4.24.130(5);
13.50.100(2); 13.50.260; 26.26.610(2); 26.33.330 and 340; 70.96A.150; 71.05.620; General
Rules 15, 22 and 31.
Adoption/Parentage (type 5); Mental Illness (type 6); Dependency/Truancy (type 7) are all
confidential per statute and will not be publically available. Public case types may all hold
documents sealed by court order, and civil, domestic and guardianship cases may contain
documents confidential under GR 22. Confidential/sealed documents are coded "C."
f. At any point have these records been outside of the legal custody of the agency? If so,
describe the chain of custody, including any gaps:
Records have all been scanned in our office by deputy clerks and are maintained on dedicated
servers in the Courthouse. At no time have these records been out of our custody.
Section B — Security, Connectivity, and Data/Metadata
Transfer of the records does not substitute for disaster recovery or normal backup. In order
to maintain search ability, the Digital Archives converts the data we receive into a format
that is easily accepted by our database. Often this involves converting part or all of the
schema into an XML format. The Partner cannot recover copies of these records from the
Digital Archives in their original format, nor can the Digital Archives provide an export of
these records to assist the Partner with data recovery.
2. What is the estimated size of the initial records transfer?
(i.e. Total volume and number of files—for example, 100 MB, 100 files)
100MB
How will the initial records be transferred to the Digital Archives? (For large record series,
the Digital Archives can provide a USB hard drive).
[R Flard Drive
Note: The Digital Archives reserves the right to request a second data capture if the initial
capture fails.
4. How will subsequent records from the same series be transferred to the Digital Archives?
Please note that all subsequent transfers over 700 MB need to use SFTP.
Note: The Partner will be assigned a secure user ID/password combination and provided
with the necessary software.
0 SFTP (preferred)
How often will additional records for this series be transferred to the Digital Archives?
R] Daily
What is the IP address of the computer from which you will transfer your records?
(You can find your IP address by visiting http://www.whatismyip.com/)
IP: 64.146.249.98
7. What format will the Partner use to transfer the records? (i.e. Comma delimited, Access,
dBase, RBase, XML) Please identify the software version used. Will it be a complete copy
of the database or an extract query?)(Pipe delimited, extract query is preferred)
Call 360-385-9171 to discuss with IT staff.
2
8. The Partner must provide all decryption keys and/or passwords for their data. For security
reasons we prefer that this information be conveyed by phone. Please provide a contact
name and phone number for this information.
Call 360-385-9171. May not apply.
9. What search fields do you use to access this data?
Our template includes the following fields: Case Number, Document Security Designation,
Date, Docket Code, Name of Document ("Doc Description"), Sub -Number, Title of case.
However, access via the Digital Archives website should be by CASE NUMBER only. with
the search field limited to numeric entries Case documents should display in numeric order,
with sub numbers (sequential document numbers) playing in sequential order, Retrieval
results should display case number. sub number case file date, docket code (optional), and
document title (the docket code description)
Note: Partners may be required to submit sample records to the Digital Archives for beta
testing before we transfer their records. Samples will be submitted by e-mail attachment or on
a CD or a DVD, as arranged with the Digital Archives.
Section C — Partner Contacts
Partner contact for questions regarding the records (i.e. descriptions of records, record contents)
Name: Ruth Gordon Lori Bailey
Title: Clerk Chief Deputy Clerk
E -Mail: rgordon(ci)co.ietferson.wa.us lbaileygco jefferson.wa.us
Phone: 360-385-9128 360-385-9126
Partner contact for order fulfillment requests (e-commerce transactions)
Name: Ruth Gordon Lori Bailey
Title: Clerk Chief Deputy Clerk
E -Mail: r ordon('%.eo.iefferson.wa.us lbaileyL&co jefferson.wa.us
Phone: 360-385-9128 360-385-9126
Partner contact for e-commerce revenue submissions (payment transfers to Partner)
Name: Ruth Gordon Lori Bailey
Title: Clerk Chief Deputy Clerk
E -Mail: rgordong7co.ieff rson.wa.us lbailey(ci co.jefferson.wa.us
Mailing Address: Jefferson County Clerk
(Please Print)
P.O. Box 1220
Port Townsend, WA 98368
Phone: 360-385-9128 360-385-9126
Partner contact for IT issues (i.e. file formats, electronic recording systems)
Name: Todd Oberlander
Title: Network Technician N
E -Mail: toberlander@co.jefferson.wa.us
Phone: 360-385-9355
4
Section D — Image Formats
All images may be displayed and searchable except those containing information that is
statutorily exempt or determined to contain sensitive information.
a. Will the images for this record series be restricted?
[9 -Yes Some wilt. M.s�c�»�.
b. Do the images contain sensitive information that should be restricted?
19 -yes SovwC w, ll. 1Aosi- Wv%�*
If Yes to either question, please explain in Section A, # le.
Note: All images will be converted to the best possible viewing format. A copy of the original
image will be kept in addition to the converted copy.
Note: In order to maintain original database structure for search ability, the Digital Archives can
preserve the data schema and also convert to XML. Any other type of data will be converted
(assuming the data/image will be displayed on the web) for web display — original file will be
preserved as well.
Section E — E Commerce and Fees
1. The Partner will determine what records require a charge for an official (certified) copy and
whether or not shopping basket functionality is needed.
a. Unofficial Copies
COPY FEE AMOUNT AUTHORIZING LEGISLATION
Digital images 25 cents/pg RCW 36.18.016(4)
b. Certified Copies
Does this records series have authorized fees for certified copies?
R Yes
COPY FEE
AMOUNT
AUTHORIZING LEGISLATION
No cost for actual copy
RCW 36.18.016(4)
if certified
CERTIFICATION FEE
AMOUNT
AUTHORIZING LEGISLATION
First page each doc.
$5.00
RCW 36.18.016(4) digital or paper
Following pages each doc.
$1.00 each
RCW 36.18.016(4) digital or paper
Note: OSOS will determine any additional fees to be added and the appropriate account codes
associated with online transactions to cover the administrative cost of the transactions.
Note: OSOS will offer a shopping basket e-commerce system on the Digital Archives web
interface page. OSOS will receive the money via credit card for items ordered online and all
revenue transactions will be entered immediately into the OSOS Revenue system.
Note: OSOS will transmit an order form to the Partner for fulfillment of the order. This order
will be sent to the order contact listed in Attachment C. It is recommended that an email
group be created to prevent orders being missed when one person is out of the office for an
extended time. Partners will be responsible for notifying the Digital Archives when an order
has been fulfilled. OSOS to transmit funds to the appropriate Partner for orders received the
previous month.
Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Ruth Gordon
DATE: July 5, 2016
SUBJECT: AGREEMENT Between Jefferson County Clerk and the Office of the
Secretary of State Archives Dept. re: Electronic Transfer of Superior Court
Case Records to the Digital Archives at Cheney and Public Access to Public
Court Documents
STATEMENT OF ISSUE:
The State Archives offers county governments secure storage of local electronic records at the Digital
Archives in Cheney. This is a state of the art facility and offers Jefferson County residents the opportunity to
have a copy of all Superior Court records held in eastern WA. A procedure exists whereby we can upload
nightly and make public documents available through the Digital Archives' public records portal the day
after processing. The archives will provide records on demand and remit payment of local copy fees to our
office quarterly. Confidential and sealed records will not be available to the public from the archives, but
will be stored as a secure back-up. We will not incur any out of pocket costs to take advantage of this
service.
ANALYSIS:
The case records of Superior Court are permanent records which must be retained in perpetuity. For many
years the original paper records have been microfilmed and more recently digitized to allow the County to
retain these permanent documents without maintaining an unmanageable store of paper records. We need to
store a copy of these essential records as far as feasibly possible from our location so that if a catastrophic
earthquake, accident at Indian Island, or a courthouse fire were to occur the people's court records would
survive. We have already updated Laserfiche and modified our meta -data so that our court can benefit from
the secure record storage and fulfilment that the Secretary of State's Digital Archives offers.
RECOMMENDATION:
Because there is no further out of pocket cost for this service, and IT and the Clerk are prepared to begin
nightlyansfer of Superior Court records, I recommend that the BOCC approve and sign the necessary
contract.
REVIEWED BY:
I ip Morl mini Date
CONTRACT REVIEW FORM I 6—
CONTRACT WITH: Office of the Secretary of State: Digital Archives
CONTRACT FOR: Digital Transfer of Superior Court Records TERM: ASAP, and ongoing
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Ruth Cmrdnn
in
AMOUNT: No cost
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Step 1: REVIEW BY
Review by: /
Date Reviewed:
19 APPROVED FORM
Comments
County Clerk
Ruth Gordon, Clerk ( :
36o• 3gS-q12$
RETURN BY: ASAP
PROCESS: X F x—,ei npt from Bid Process
on iultant Selection Process
0o erative Purchase
Con petitive Sealed Bid
S no 1 Works Roster
Ven or List Bid
RFI or RFQ
th r
Step 2: REVIEW BY PROSEC
Review by: �L (A 9—n
Date Reviewed:
1�qAPPROVED AS TO FORM ElCommen s
6161
Returned for revision (See Comments)
A
In —Z -a -1l0 "
Returned for revision (See Comments)
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTORICONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL r'777-1, `;
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill toAC9 e.
Place "Sign Here" markers on all places the BOCC needs to sign. P stc
MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following ` oindaA 29&a.
(This form to stay with contract throughout the contract review process �;JEFFERSON COUNTY
0SECUTING ATTOM.4CY