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HomeMy WebLinkAbout100917_ra03JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Philip Hunsucker, Civil Deputy Prosecuting Attorney Ken Hugoniot, Public Records Administrator Erin Lundgren, Clerk of the Board, Public Records Officer DATE: October 9, 2017 RE: Briefing: Public Records Policy Update Progress STATEMENT OF ISSUE: The Public Records Act requires that jurisdictions receive and respond appropriately to public records requests submitted by members of the public. Failure to meet the requirements of the Public Records Act subjects the county to potential liability. Establishing an effective and efficient system to manage these requests minimizes this liability exposure. A comprehensive, county -wide Public Records Act compliance policy is a key foundation for such a system. The current Jefferson County policy for public records requests ("Jefferson County Records Access Policy") has been in place since 2006. However, state legislation, effective July 23, 2017, has amended significant features of the Public Records Act, requiring Jefferson County to adopt new procedures as well as update some already existing procedures. The new legislation also authorizes jurisdictions to collect fees for electronic copies of public records. ANALYSIS: The proposed resolution and draft policy are designed to replace, rather than amend, the county's current policies and procedures for Public Records Act compliance. The most significant changes to current policy are those aspects designed to comply with the recently enacted legislation. Key among those are updates to procedures for clarification of requests, logging of requests, and collection and reporting of data regarding all requests that come to the county. The proposed fee ordinance would establish a cost schedule of charges for paper and electronic copies produced in response to public records requests. The proposed cost schedule incorporates statutory default fees provided for as an alternative to charges for actual costs in legislation, effective July 23, 2017 (RCW 42.56.120). The Public Records Act Compliance Policy and Public Records Request Cost Schedule draft has been through an extensive development and review process. A draft of the policy was produced in mid-July, 2017, and an ad hoc committee was formed to discuss and review the draft. The committee met twice on July 26 and August 9, 2017. After committee review the resulting draft was sent to department heads, elected officials, and public records liaisons for further review From Aug. 22 to 28. After those suggestions and changes were incorporated, a new draft was presented and summarized to the Jefferson County Administrator on Aug. 31. FISCAL IMPACT: Collection of fees for electronic copies of public records will provide the county with a way to recoup a small portion of the significant costs incurred in responding to public records requests. RECOMMENDATION: Submit proposed policy resolution and fee ordinance to a public hearing. 4ilip E EWED BY: fir_ orle y Administrator Date