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HomeMy WebLinkAboutM031918 - to include Hearing Comment re: Proposed Replacement of the JC 2006 JC Records Access Policy CONI District No. 1 Commissioner: Kate Dean ON C \1 District No. 2 Commissioner: David W. Sullivan �`'� 4 District No. 3 Commissioner: Kathleen Kler 44 ,.� County Administrator: Philip Morley Clerk of the Board: Erin Lundgren `9SNINC, O MINUTES Week of March 19, 2018 Chair David Sullivan called the meeting to order at the appointed time in the presence of Commissioner Kathleen Kler and Commissioner Kate Dean. PUBLIC COMMENT PERIOD: The following is a summary of comments made by individuals in attendance at the meeting and reflect their personal opinions: • An individual expressed concerns regarding the Brinnon Master Planned Resort; • An individual stated the Native Connections Group is assisting the Port Gamble S'Klallam Tribe in seeking nomination for the kettles in Pleasant Harbor to be listed as a State Historic Site. She made the Commissioners "Save the Kettles"buttons; • An individual: 1) Stated that he watched a presentation on a climate change study; and 2) Talked about injection wells, kettles and the health of the Hood Canal; • An individual: 1) Stated he is saddened that Commissioner Kler is not seeking re-election, but there are qualified candidates; 2) Gave information on single-payor healthcare; and 3) Spoke about President Donald Trump and gave predictions on what his next steps are; • An individual 1) Stated that there were media reports saying the school walkout was leftist, but he is far left and offered to coordinate the walkout, but they didn't need his help; 2) Urged the Commissioners to not let the gun issue fade away; and 3) Commented on the wonderful job Commissioner Kler has done; • An individual: 1) Thanked the Commissioners for their service; 2) Stated the County needs to do a better job of becoming transparent and the newly proposed County Public Records Request Policy needs work; and 3) The Commissioners need to update the public on items such as the Port Hadlock Sewer Project and other boards and committees they sit on; • An individual: 1) Thanked the Commissioners for their service; 2) Voiced his concern over propane businesses blowing up during a natural disaster; and 3) Stated that the Department of Emergency Management is very close to a propane company; and • An individual: 1) Stated he is happy someone else is interested in Public Records; and 2) Gave suggestions on the newly drafted County Public Records Policy. APPROVAL AND ADOPTION OF THE CONSENT AGENDA: Commissioner Dean moved to approve all the items on the Consent Agenda as presented. Commissioner Kler seconded the motion which carried by a unanimous vote. 1. CANCELLATION NOTICE re: County Commissioner Regular Meeting; Scheduled for Monday, April 2, 2018 (NOTE: A Special Meeting will be held on Monday, April 30, 2018 at 9:00 a.m. in the Commissioners' Chambers, Jefferson County Courthouse) Page 1 -11Commissioners Meeting Minutes of March 19, 2018 2. BID AWARD re: Official County Newspaper; In the Amount of$8.50 per Column Inch; Jefferson County Administrator; Port Townsend-Jefferson County Leader 3. AGREEMENT re: Port Hadlock Sewer Value Engineering; In the Amount of$81,003; Jefferson County Public Works; Tetra Tech, Inc. 4. AGREEMENT re: Salmon Creek Bridge - West Uncas Road, Project No. 18019341, County Road No. 500209, RCO Project No. 15-1192; In the Amount of$942,367; Jefferson County Public Works; Nordland Construction NW 5. AGREEMENT, Amendment No. 2 re: Expanded Mental Health (MH) and Chemical Dependency (CD) Treatment; An Additional Amount of$22,284 for a Total Amount of$92,409; Jefferson County Public Health; Jumping Mouse Children's Center 6. AGREEMENT,Amendment No. 1 re: Manage Evaluation Tracking Data System for Mental Health/Substance Abuse (MH/SA), Prepare and Present Data Reports; An Additional Amount of $3,589.20 for a Total Amount of$17,946.20; Jefferson County Public Health; Kitsap Public Health District 7. AGREEMENT, Interlocal re: North Pacific Coast Marine Resources Committee Meetings and Educational Outreach Projects; In the Amount of$13,500; Jefferson County Public Health; Clallam County, Washington, Department of Fund/Support 8. AGREEMENT NO. E18-075,Amendment A re: Emergency Management Performance Grant; An Additional Amount of$2,606 for a Total of$20,606; Jefferson County Emergency Management; Washington State Emergency Management Division 9. 2017 DIGITAL SUBMITTAL OF CERTIFICATION OF ROAD LEVY re: Jefferson County Public Works; County Road Administration Board (CRAB) 10. Payment of Jefferson County Vouchers/Warrants Dated March 12, 2018 Totaling $697,569.83 11. Payment of Jefferson County A/P Warrants Done by Payroll Dated March 6, 2018 Totaling $131,187.78 COMMISSIONERS BRIEFING SESSION: The Commissioners reported on their meeting schedules. The meeting was recessed at 9:57 a.m. and reconvened at 10:07 a.m. with all three Commissioners present. HEARING re: Community Development Block Grant(CDBG)for 2018 Public Services Grant Application and Closeout of 2017 Public Services Grant; Olympic Community Action Programs (OIyCAP): County Administrator Philip Morley introduced Olympic Community Action Programs (O1yCAP) Executive Director Dale Wilson. He explained that this is an annual process to review and closeout the 2017 Public Services Community Development Block Grant (CDBG) and to adopt a resolution which will be sent to the State to guarantee the County's compliance with the various criteria and requirements of the CDBG programs administered by the State Department of Commerce which allows the County Auditor to work with O1yCAP to submit an annual application for a CDBG for the coming year. The purpose of this hearing is to take public testimony on the proposal to adopt a resolution to allow an application. Page 2 Commissioners Meeting Minutes of March 19, 2018 Mr. Wilson explained that the CDBG and Community Services Block Grant (CSBG) (a federal program which is administered by the state that is designated for operations of Community Action agencies) are treated by OIyCAP as a global fund. They report on what services they provide, but when they report back to those funding sources they will report on all the services they provide. That is driven by the CSBG primarily. Those agencies are providing the resources that are fairly flexible in that they can be moved to a program that is struggling or to new programs. It wasn't until last October that OIyCAP was able to implement a new data collection and reporting system, so this report does not include everything OIyCAP provides. He discussed the new system and explained the discrepancies with the report on the local food banks and the report on the number of clients served in Jefferson and Clallam Counties for the months of October through December. He reviewed the 2017 statistics and discussed the various programs OIyCAP provides which includes, but is not limited to: Early Childhood Education; Elder Services-Dementia and Day Services; Emergency Rental Assistance; Housing Assistance; In-Home Care; Senior Nutrition; LIHEAP (Low- Income Home Energy Assistance Program); and Volunteer Center. Chair Sullivan opened the hearing for public testimony. Dan Toepper, Port Ludlow: Stated he would like to pick up on something that was mentioned here about the LIHEAP program, and this plays into again the free-flow of information and transparency between different non-governmental organizations and governmental organizations. The PUD has had real problems communicating with the public. It has had trouble with outreach. I see the County having a lot of these same difficulties. This is a case where in your morning meetings when you get a large amount of the public here to speak to these things, not always the good things, sometimes the bad things, of elaborating on what's going on with the things that you're involved in. The LIHEAP program is one that's very advantageous to a lot of people in the County. Some people may not even know about it. This is a case where, you know, rather than talking about national politics or what happened this weekend, make sure you take all the time available to talk about these kinds of issues that a lot of people aren't picking up on. The newspapers don't always get it. They don't always get it exactly right sometimes either, and that's because there just isn't enough discussion about it out and about in the community. Thank you. Hearing no further comments, Chair Sullivan closed the hearing. Commissioner Kler moved to approve RESOLUTION NO. 14-18 regarding Certification of Compliance for Community Development Block Grant Public Services Grant. Commissioner Dean seconded the motion which carried by a unanimous vote. Commissioner Dean asked Mr. Wilson if, in the future, it would be possible for him to use their new data system to do a year to year comparison on the numbers served which would be helpful to see trends? Mr. Wilson replied, yes and stated he chose not to do that this year because of the discrepancy in the overall number. He stated he can update the data and send the Commissioners a new version. County Administrator Morley thanked the Auditor's staff for working with OIyCAP to prepare the application and perform the tracking. Page 3 Commissioners Meeting Minutes of March 19, 2018 r HEARING re: Public Records Act Compliance Policy: County Administrator Philip Morley explained the subject of the hearing is on two items: 1) Proposed Resolution establishing the Jefferson County Public Record Act(PRA) Compliance Policy; and 2) Proposed Ordinance establishing updated charges in the proposed policy and to add those charges to the Jefferson County Code Appendix Fee Schedules. Both the ordinance and the resolution reflect the changes made to the state PRA in 2017 and the County's continuing effort to strengthen its Public Records Request management system. Public Records Administrator Ken Hugoniot stated that he has lived in other areas of the world where the idea of an open public government is not even thought of. He added that he has only heard from three individuals regarding the proposed PRA Compliance Policy. He appreciates Jefferson County's commitment to public records requests and noted that having an open government is not cheap and the benchmarks to get to where we are have been relatively expensive. Information from the agenda materials state: "The current Jefferson County policy for public records requests, Jefferson County Records Access Policy, has been in place since 2006. State legislation, effective July 23, 2017, has amended significant features of the PRA, and the County has been implementing enhancements to our Public Records Management System, both of which require Jefferson County to adopt new procedures as well as update some already existing procedures. The legislation was adopted in ESHB 1594 and ESHB 1595. The new legislation also authorizes jurisdictions to collect fees for electronic copies of public records. Staff has prepared the proposed policy to implement the changes mandated by the new legislation and update the procedures to be used by Jefferson County employees when responding to Public Records requests. The proposed resolution is designed to replace, rather than amend, the Jefferson County Records Access Policy. The most significant changes to the 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 Jefferson 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 adopts default fees outlined in state statute, effective July 23, 2017 RCW 42.56.120 as an alternative to charges for actual costs. The new policy has been through an extensive staff development and review process. Additional revisions were made to the proposed policy between August 2017 and present. Staff agrees some changes to the proposed policy should be made and suggests that the Board hear the public testimony and consider further changes to improve the policy after all public comments and testimony are received. Page 4 Commissioners Meeting Minutes of March 19, 2018 Staff does not recommend adoption of the State's Model Rules by reference. Among other reasons, adoption of the Model Rules by reference would not accomplish a key goal of the proposed policy, namely in compliance with the requirement in the PRA in RCW 42.56.040 that the County have a document that describes the structures and procedures adopted by the County on how it complies with the PRA. There are structures and procedures that the County employs to comply with the PRA that are not described in the Model Rules. " Chief Civil Deputy Prosecuting Attorney(DPA) Philip Hunsucker stated the intent of the policy is for it to be a living document which can be changed as necessary. If a large change comes down from the legislature, we will be able to change it again. He added that it will also be used a manual for those who handle public records requests. Chair Sullivan opened the hearing to public testimony. Dan Toepper, Port Ludlow: He stated he will be speaking rhetorically and from a community standpoint, not as an individual. Access to records and data and the free-flow of information. County staff time, your time, the cost of things, the more things you can get out front, the less you will have the need for people to get records requests and it will free up staff time. He does not know if the proposed policy will help with that, more than hinder. Rhetorically, that needs to be talked about amongst yourselves more, or with staff. It is a matter of transparency. There is a lot of different issues out there that people can't make these meetings. They don't want to listen to tapes. They get second-hand information and that leads to poor decisions being made. When it comes to the Agenda, he knows it is a boiler plate from the RCW, but regarding Executive Sessions, he sees more and more potential or existing litigation. Is there something that can be put out as a statement in addition to that, that is not specific enough to upset the confidentiality? Maybe DPA Hunsucker can prepare for the Board to read at the morning session? Maybe he can speak to exactly what is going on so we don't need records requests to find out what the heck is going on with the County or County government? Thank you. Tom Thiersch, Jefferson County: He stated there is an interesting point regarding costs. Over the last decade the County has paid over $300,000 in penalties because it didn't comply with the Public Records Act. No locally adopted policy will fix that. The policy is not compliance. The existence of a policy does not guarantee or do anything to ensure compliance. It's up to the people who have to know their jobs and what their responsibilities and requirements are under the Act. County employees have failed we the public miserably in that respect. They have silently withheld records, had records requests sitting on their desk for a year. It is really, really sad. No policy will fix that. You need better training for people to know what their jobs are and to take their jobs seriously, and not try to lie to the public and hide records. This policy is so large, and a large part of its volume is that it repeats a lot of words it has borrowed from the RCW and elsewhere. That is a problem which he pointed out earlier today. As soon as part of that law changes, your copy of that part of the law is no longer valid and is very likely dangerously misleading to any member of the public who reads those words in your policy and does not go back to the original case law to find out what the real fact is. That is a serious problem. Every place in the 36 pages where there is a footnote reference, all of that stuff needs to be removed and simply leave the RCW to stand as it is. Don't try to repeat the words, it will just get you in trouble. He understands it is a great idea to have a procedures manual for employees who have to comply with the law, but that procedures manual does not have to be a part of this kind of formal ordinance and resolution process. It Page 5 Commissioners Meeting Minutes of March 19, 2018 is directly administrative procedure stuff that should be documented separately for staff to follow. If the public wants to understand more clearly how Public Records Requests work, they should visit the Municipal Research and Services Center(MRSC), it's a lot more straight forward. Section 6.14 of the proposed policy encourages violation of the Public Records Act, stating that you do not need to log every public records request. HB 1594 says you do, and that is a reason it justified adding new fees to the Act. If you don't log all the requests, you don't know how much time you are spending on all the requests, so you need to fix that. You need to establish a deminimis cost schedule, something like 25 pages free like the Attorney General's Office does. Mike Belenski: He stated that he made a request for 42.56.040, mentioned by DPA Hunsucker, and it is supposed to be prominently displayed. When he asked where it was properly displayed, people could not show him. Eventually it was supposedly hanging on a bulletin board outside the County Administrator's Office. The records he has gotten so far fall way short of compliance with 42.56.040. It talks about procedures, you have no procedure for processing a public records request. Each employee will process the request, it looks like, however they feel. So if it's from Mike Belenski or Tom Thiersch, it will get handled differently than if it's from a supporter of one of the Commissioners. There needs to be a procedure such as, if the request comes in, this is how it's routed, this is who sees it, this is how its handled, and this is how the person gets the record. To him, that is pretty straight forward. He talked to employee Leslie Locke and found out that David Alvarez screwed him over six months prior, and not her. Whoever is touching the request, people have a right to know how this thing is getting processed, who's seeing it, who's pulling the strings. There is a lack of transparency. In your request, where is the County Records Administrator in your policy? He's not even in there. How does he fit into the equation. People have a right to know who's handling the request, where they searched for records, how it all comes about. There just isn't any of that. Regarding a previous public testimony comment, the last Executive Session the Commissioners had, he asked DPA Hunsucker and County Administrator Morley what was the potential litigation? You seem to have one of these every week, right? How can a member of the public determine if this is a legitimate potential litigation session if we don't even know what the topic is. Are you thinking of suing me? You don't like my jacket so you're going to sue me? What's the purpose? You have to be able to articulate what you're doing so people have an idea that what you're going into Executive Session for is legitimate or not. Joy Baisch, Brinnon: She stated that she and her husband owned a company called American Data Guard (ADG) Enterprises, Inc. It was a document shredding company. They had eleven of the top legal firms in Seattle as their clients, specifically for these issues. They shred whoops. Do you remember whoops? Part of the reason for that lawsuit was because that organization that formed that group, didn't have a policy in place. You need a policy in place. Your staff should be following a shredding procedural policy and a time retention document policy, if you're doing that, you don't have a problem. If you are microfiching it, make that available. It's real simple. Thank you. County Administrator Morley encouraged the Chair to close public testimony and begin the deliberation process and added that the Board can direct staff to make changes to the draft and prepare for consideration at a later date. Hearing no further public testimony Chair Sullivan closed the public hearing. Commissioner Kler asked about the possibility of separating out the policy from the procedure manual? County Administrator Morley replied that if we were to try and separate them, his concern is that there Page 6 Commissioners Meeting Minutes of March 19, 2018 will be a grey area of what is process and procedure, and what is policy. DPA Hunsucker added that they had looked at PRA policies that separated the two, but those examples looked longer and repetitive. The Board reviewed GovQA and its role with identifying and fulfilling public records requests. Chief Civil DPA Hunsucker stated that the policy was written with GOVQA in mind, although not referenced by name as it may not be there forever. The Board reviewed public testimony comments and decided to continue deliberations at a future date. EXECUTIVE SESSION: An Executive Session was scheduled from 11:30 a.m. to 12:00 p.m. with the County Administrator and Chief Civil Deputy Prosecuting Attorney regarding Attorney-Client Privilege, Potential Litigation under exemption RCW 42.30.110(1)(i) as outlined in the Open Public Meetings Act. The actual period of time the Board met in Executive Session on this topic was from 11:45 a.m. to 12:12 p.m. At the conclusion of the Executive Session the Board resumed the regular meeting. The meeting was recessed at 12:12 p.m. and reconvened at 1:31 p.m. with all three Commissioners present. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Miscellaneous Items: • Rhododendron Festival; Public Works Director/County Engineer Monte Reinders and Parks and Recreation Manager Matt Tyler briefed the Board on the damage done to Memorial Field by past carnivals and discussed options for mitigating those damages. • Emergency Management Director; The County is holding interviews for four semi-finalists. • Board of County Commissioners' meetings; Hardware installation to live stream the Commissioner meetings will start tomorrow. • Trust for Public Lands and Jefferson Land Trust; Commissioner Dean met with the groups to discuss how to prioritize conservation and still accommodate for growth. The Board discussed Sentinel Landscape Designation. • Department of Community Development; The Board discussed publishing an alternative timeline regarding the Critical Areas Ordinance • Economic Development Council Team Jefferson; County Administrator Morey reviewed Opportunity Zones and Opportunity Funds with the Board. The meeting was recessed at 3:15 p.m. and reconvened at 3:24 p.m. with all three Commissioners present. Page 7 Commissioners Meeting Minutes of March 19, 2018 0") LETTER re: Opportunity Zone Designation and Competitive Applications: County Administrator Philip Morley continued to review the Department of Commerce Opportunity Zone Nomination form for Competitive Application with the Board. Criteria includes: Overview of the area, investment opportunity, economic need and impact, social equity and partnerships. Commissioner Kler confirmed that the Economic Development Council Team Jefferson will be making the final determination on which town will be proposed as competitive and which will be designated. Commissioner Kler moved to have the Chair sign an official letter of support for the applications prepared by our Economic Development Council Team Jefferson for the Opportunity Zone designated and Competitive Applications. Commissioner Dean seconded the motion which carried by a unanimous vote. LETTER of RECOGNITION re: Jail Superintendent Steve Richmond's Retirement: Commissioner Kler stated that Jail Superintendent Steve Richmond is retiring on March 21, 2018. She moved that the Board of County Commissioners approve a letter recognizing him for his many years of dedication to the Sheriff's Office and the residents of Jefferson County. Commissioner Dean seconded the motion which carried by a unanimous vote. COUNTY ADMINISTRATOR BRIEFING SESSION— Continued: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination: • The Commissioners reviewed their meeting schedules Miscellaneous Items —Continued: • Upcoming Housing meeting; Port Townsend City Council will be invited by the Board of County Commissioners for a joint meeting on housing • Washington State Department of Natural Resources; Upcoming Junior Taxing Districts informational meeting Page 8 Commissioners Meeting Minutes of March 19, 2018 r � NOTICE OF ADJOURNMENT: Commissioner Kler moved to adjourn the meeting at 4:24 p.m. until the next regular meeting or special meeting as properly noticed. Commissioner Dean seconded the motion which carried by a unanimous vote. JEFFERSON COUNTY F 7 ' ' � BOARD OF COMMISSIONERS SEAL:,, David Sullivan, Chair "NA Karittere.4/1 ATTEST: Kathleen Kler, Member (kits% 6/4kamr," Carolyn Gallaway, CNI-C7 Ka e ean, Member Deputy Clerk of the Board Page 9 Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Ken Hugoniot, Public Records Administrator Erin Lundgren, Clerk of the Board, Public Records Officer DATE: April 23, 2018 RE: CONTINUED DELIBERATION re: Proposed Replacement of the 2006 Jefferson County Records Access Policy, including: (1) Adoption of a Resolution approving the proposed Jefferson County Public Records Act Compliance Policy ("the proposed Policy"); and, (2) Adoption of an Ordinance approving the updated charges in the proposed Policy to add those charges to the Jefferson County Code Appendix Fee Schedules. STATEMENT OF ISSUE: Staff recommends that the Board of County Commissioners continue its deliberations on a proposed Resolution approving a Jefferson County Public Records Act Compliance Policy, and a companion proposed Ordinance approving updated charges pursuant to the Public Records Act (Chapter 42.56 RCW). The Board held a Public Hearing on a proposed Resolution and Ordinance on March 19, 2018, and, based on the Hearing record, asked staff to prepare draft revisions for the Board's further deliberation. Draft revisions to the proposed Resolution and Ordinance are attached to this Agenda Request, with changes shown in tracked changes. ANALYSIS: The proposed Policy and Ordinance are designed to replace, rather than amend, the Jefferson County Records Access Policy which was adopted in 2006 as Resolution 39-06. The most significant changes to the current policy are those aspects designed to comply with recently enacted state legislation amending Washington's Public Records Act (Chapter 42.56 RCW), effective July 23, 2017. The proposed fee ordinance would establish a cost schedule of charges for paper and electronic copies produced in response to public records requests. The Regular Agenda proposed cost schedule adopts statutory default fees outlined in state statute, effective July 23, 2017 (RCW 42.56.120) as an alternative to charges for actual costs. The proposed Policy and Ordinance were submitted to a 30 -day public comment period on February 12, 2018. They then received additional public testimony at a hearing before the Board of County Commissioners on March 19, 2018. Valuable public comment and testimony was received and were given careful consideration by staff. At the request of the Board of County Commissioners, some suggestions have been incorporated as tracked changes into the current drafts of the Public Records Act Compliance Policy and companion Ordinance, included as Attachment 1 and Attachment 2, respectively. The following is a brief, though not necessarily comprehensive, summary of updates to the proposed policy, some as suggested in public comment and others as proposed by staff: • The entire text of the proposed Policy was reviewed and updated to reflect a significant distinction between the concepts of "disclosure" and "production" of records: The term "disclosure" refers to the acknowledgement of the existence of a record and a brief description of it. The term "production" refers to the actual release of a record, or all non-exempt contents of a record, to a requestor. • 6.4, "Types of 5 -day responses", now instructs that, unless it is already obvious, a five- day letter shall provide the requestor with a list of the County departments to which the request was routed. • 6.4.7.2, instructs Records Liaisons that if there is any question as to whether any record, or any portion of a record, should be exempt from production, the Prosecuting Attorney's Office or the Public Records Officer shall be consulted and given the opportunity to inspect the record before any denial is presented to the requestor. • 6.17, "Explanation of Exemptions", lists the basic, required information that must be included in an explanation of exemptions to a requestor (see 6.17.1). • 10.4, "Calculation of Costs" (3.4 in the Ordinance), applies the cost schedule, immediately upon approval, to all open and pending public records requests. This stipulation is not motivated by the obviously minimal cost recovery that it implies. Rather, the County is currently responding to a few pending requests that involve large numbers of responsive records, requiring either extensive manual searches for records, or extensive legal review before production. In both cases, these requests necessitate fulfillment by installments that will continue for periods of months. The only plainly - authorized method to verify a requestor's continued interest and involvement in the results of a request is to charge a fee, however nominal, for each installment (RCW 42.56.120(4)). • 10.4, "Calculation of Costs", (see 10.4.1 and also 3.4.1 in the Ordinance) also includes the following stipulation: "For the avoidance of doubt, the term "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email". N Regular Agenda • The proposed Public Records Request Costs Schedule now includes a de minimus threshold for waiving small charges for copies of records provided to any individual public records request. The Board requested that a de minimus threshold be included in the Ordinance as a practical matter to avoid expending staff time to collect very small amounts, and in the spirit of fullest assistance and convenience to the public we serve. To assist the Board in setting a de minimus threshold amount, the table below shows the effect of several different thresholds. De # Letter # Pages # emails & # Gigabites Minimus Copies @ Scanned data files transmitted Threshold 15C/page to pdf @ sent @ @ 10C/gig 10C/page 5C/4 files $0.15 $0.10 $ 0.0125 $0.10 $0.75 5 8 60 8 $1.00 7 10 80 10 $2.00 13 20 160 20 $3.00 20 30 240 30 $5.00 33 50 400 50 FISCAL IMPACT: Collection of fees for electronic copies of public records, as authorized by state law, will provide Jefferson County with a way to recoup a small portion of the significant costs incurred in responding to public records requests. RECOMMENDATION: Continue Commissioner deliberations on a Resolution approving a Jefferson County Public Records Act Compliance Policy and on an Ordinance establishing updated charges pursuant to the Public Records Act, including draft edits shown in tracked changes. Provide direction to staff for any further modifications in order to prepare a final draft of the Resolution and Ordinance for Board adoption at a future meeting of the Board of County Commissioners. DEPARTMENT CONTACTS: Ken Hugoniot, Public Records Administrator at Extension 174. Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219. 3 Regular Agenda REVIEWED Y: hili lei dministrator Date ATTACHMENT ONE TO AGENDA REQUEST STATE OF WASHINGTON County of Jefferson In the Matter of Updating the Jefferson) County Public Records Compliance Policy) RESOLUTION NO. Identified as Attachment "A" to this) Resolution ) 1. Whereas, Chapter 42.56 RCW, the Washington Public Records Act requires that public agencies publish rules to provide public access to public records; and, 2. Whereas, in furtherance of the requirements of Chapter 42.56 RCW, Jefferson County adopted Resolution 39-06 on June 27, 2006 to govern the response to requests for public records in all Jefferson County departments and offices; and, 3. Whereas, effective July 23, 2017, the Washington Legislature amended Chapter 42.56 RCW, the Public Records Act, and Chapter 40.14 RCW, the Preservation and Destruction of Public Records Act, requiring that the Jefferson County Public Records Access Policy be updated to incorporate the changes made by the Washington Legislature. 4. Now, therefore, the County Commissioners of Jefferson County resolve that, after consulting the advisory model rules for establishing local ordinances for compliance with Chapter 42.56 RCW, the JEFFERSON COUNTY PUBLIC RECORDS COMPLIANCE POLICY is hereby adopted as stated in ATTACHMENT "A" to this Resolution. 5. Be it further resolved that Resolution 39-06, along with its attachments, is repealed and replaced by adoption of this Resolution. 6. This Resolution is effective immediately upon adoption. 7. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this resolution. (SIGNATURES FOLLOW ON NEXT PAGE) ATTEST: APPROVED and ADOPTED this day of , 2018. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 2 �4l¢SON BOG JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) K Jefferson County Public Records Act Compliance Po Page 2 of 36 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 Purpose: Compliance with Public Records Act................................................................... 6 2.0 Definitions............................................................................................................................6 2.1 Backup Records Liaison: ................................................................................................. 6 2.2 Bot Request: ..................................................................................................................... 6 2.3 Business Day: ................................................................................................................... 6 2.4 Chief Civil Deputy Prosecuting Attorney: ....................................................................... 6 2.5 Court Records Request: .................................................................................................... 6 2.6 Customized Electronic Access Service: ........................................................................... 7 2.7 Exempt Record: ................................................................................................................ 7 2.8 Failure to Provide a Record: ............................................................................................. 7 2.9 Final, Definitive Response: .............................................................................................. 7 2.10 Fullest Assistance: ............................................................................................................ 7 2.11 Human Resources: ............................................................................................................ 8 2.12 Jefferson County: ............................................................................................................. 8 2.13 Normal Business Hours: ................................................................................................... 8 2.14 Person in Interest: ............................................................................................................. 8 2.15 Policy: ............................................................................................................................... 8 2.16 Public Records Liaison and Records Liaison: .................................................................. 8 2.17 Public Records Officer: .................................................................................................... 8 2.18 Record: ............................................................................................................................. 9 2.19 Record holder: .................................................................................................................. 9 2.20 Request: ............................................................................................................................ 9 2.21 Requestor:.........................................................................................................................9 2.22 Section: ............................................................................................................................. 9 2.23 Staff................................................................................................................................10 2.24 Web Portal:..................................................................................................................... 10 2.25 Written Information: ...................................................................................................... 10 Jefferson County Public Records Act Compliance Policy Page 3 of 36 3.0 General Provisions............................................................................................................. 10 3.1 Public Records Act Compliance.................................................................................... 10 3.2 Applicability...................................................................................................................11 3.3 Non -Discrimination Requirement.................................................................................. 11 3.4 Records Are Property of Jefferson County.................................................................... 11 3.5 Use of Available Electronic Resources Encouraged...................................................... 11 4.0 Roles of Staff Designated to Address Public Records Requests ....................................... 12 4.1 Public Records Officer................................................................................................... 12 4.2 Chief Civil Deputy Prosecuting Attorney...................................................................... 14 4.3 Records Liaisons and Backup Records Liaisons............................................................ 14 4.4 Training and Updates..................................................................................................... 14 5.0 Public Records Requests.................................................................................................... 15 5.1 Format of Requests......................................................................................................... 15 5.2 Fair Notice of Records Request..................................................................................... 15 5.3 Lists of Individuals......................................................................................................... 16 5.4 Bot Requests................................................................................................................... 16 6.0 Jefferson County Response to Public Records Requests ................................................... 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for "All Records" is Insufficient..................................................................... 17 6.3 Prompt Response Required............................................................................................ 17 6.4 Types of Five (5) Day Responses.................................................................................. 18 6.5 Final, Definitive Response............................................................................................. 20 6.6 Requests to Create Records or Convert Records to a Different Format or Medium ..... 21 6.8 Requests for Personnel and Employment Records........................................................ 21 6.9 Requests for Court Records............................................................................................ 21 6.10 Locating Responsive Records........................................................................................ 21 6.11 No Requirement to Create New Records to Respond to A Records Request ................ 22 6.12 Request for Records that No Longer Exist..................................................................... 22 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests ................ 22 6.14 Immediate Provision or Inspection of Records "Over the Counter." ............................. 22 6.15 Exemptions from Production......................................................................................... 23 6.16 Withholding or Redacting Records Based on Exemptions ............................................ 23 1 Jefferson County Public Records Act Compliance Policy Page 4 of 36 6.17 Explanation of Exemptions............................................................................................ 24 6.18 Summaries of Common Exemptions............................................................................. 24 6.19 Inspection of Responsive Records................................................................................. 25 6.20 Electronic Records......................................................................................................... 26 6.21 Installments.................................................................................................................... 27 6.22 Requestor Responsibility................................................................................................ 27 6.23 Order of Processing Requests........................................................................................ 27 6.24 Allocating Specific Amounts of Time and Resources ................................................... 28 6.25 Multiple Requests by the Same Requestor..................................................................... 28 6.26 Requests Log.................................................................................................................. 29 6.27 Preservation of Request Clarifications and Search Efforts ............................................ 29 7.0 Records Retention Required.............................................................................................. 29 7.1 Retention of Public Records Request Records............................................................... 29 7.2 Records in Request Files that Must Be Maintained....................................................... 29 7.3 Archiving and Destruction of Public Records Request Records .................................... 30 8.0 Compliance with Best Practices Annual Reporting Requirements .................................... 30 9.0 Administrative Review...................................................................................................... 30 9.1 No Final Decision Until Review Under this Section ..................................................... 30 9.2 Petition for Review......................................................................................................... 30 9.3 Deadline for to Affirm or Reverse, After Petition for Review ....................................... 30 9.4 Effect of Reversal Based on Petition for Review........................................................... 31 9.5 Final Decision, If Affirmed............................................................................................ 31 10.0 Costs for Public Records.................................................................................................... 31 10.1 Inspection Only.............................................................................................................. 31 10.2 Records Already on Jefferson County Website............................................................. 31 10.3 Statutory Basis................................................................................................................ 31 10.4 Calculation of Costs....................................................................................................... 31 10.5 Cost Schedule................................................................................................................. 33 10.6 Deposit...........................................................................................................................33 10.7 Failure to Fulfill Payment Requirements....................................................................... 33 11 Limitations......................................................................................................................... 34 11.1 No Additional Legal Rights........................................................................................... 34 Vii,. Jefferson County Public Records Act Compliance Policy 11.2 Statutory Requirements and Best Practices .............................. 11.3 No Additional Duty That is Not Already Imposed by Law..... 11.4 No Basis for Liability............................................................... 12.0 Amendments and Corrections...................................................... 13.0 Severability.................................................................................. 14.0 References.................................................................................... Proposed Public Records Request Cost Schedule: ................................. 5 of 36 .................................. 34 .................................. 34 .................................. 34 .................................. 35 .................................. 35 .................................. 35 .................................. 36 2K Jefferson County Public Records Act Compliance Policy Page 6 of 36 4• ? ''SHIN(:• 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. 2.0 Definitions The following definitions apply to this Policy: 2.1 Backup Records Liaison: "Backup Records Liaison" means the person in each department designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. 2.2 Bot Request: "Bot request" means a request for records that Jefferson County reasonably believes was automatically generated by a computer program or a script.' 2.3 Business Day: "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. 2.4 Chief Civil Deputy Prosecuting Attorney. "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. Court records are exempt from the Public Records Act and are subject to release directly through the Courts under the Washington Courts' General Rule 31 and General Rule 31.1. ' See RCW 42.56.080(3). < Jefferson County Public Records Act Compliance Policy Page 7 of 36 'SH1N�0 2.6 Customized Electronic Access Service: Z "Customized electronic access service" means the use of information technology expertise to prepare data extracts or compilations, or provide other customized electronic information access when the compilations or customized electronic access documents are not prepared and used by Jefferson County in its normal course of business. 2.7 Exempt Record: "Exempt record" means records or portions of records that are exempt from pWAie diselesur-eproduction to the public. Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42.56.070, or in case law. Exemption from ailesur-e production of a portion of a record does not automatically exempt the remainder of the record from diselestffeproduction. Exempt portions of records may be subject to redaction. 2.8 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. 2.9 Final, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confirming that Jefferson County does not intend to provide any further response to the records request. 2.10 Fullest Assistance: "Fullest assistance" means Jefferson County's obligation to provide fullest assistance to all requesters, consistent with and as limited by RCW 46.56. 100 and WAC 44-14-04003. Jefferson County shall devote sufficient staff time to processing records requests, consistent with the Public Record Act's requirement that fulfilling requests should not be an excessive interference with an agency's other essential operations. Fullest assistance does not require Jefferson County to ignore or modify its internal business processes for responding to public records requests or to comply with aspects of a request. Fullest assistance also does not mean that Jefferson County must agree to a request from one requester if doing so may detrimentally affect Jefferson County's ability to provide fullest assistance to z See RCW 42.56.120(3)(a). Jefferson County Public Records Act Compliance Policy Page 8 of 36 other requesters, result in damage or disorganization of records, or excessively interfere with essential agency functions. 2.11 Human Resources: "Human Resources" means the Human Resources Officer. 2.12 Jefferson County: "Jefferson County" means Jefferson County, Washington. Jefferson County is a general-purpose governmental entity that provides a range of municipal services allowed by statute or charter. These services include, but are not limited to police, emergency management, public health, vehicle licensing, voter registration, property assessments, facilities maintenance, street maintenance, solid waste (recycling), building permitting, planning, and zoning, parks and recreation, adult, and juvenile court, prosecuting and general administrative services. 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. 2.14 Person in Interest: "Person in Interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is a minor, or under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.3 2.15 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.16 Public Records Liaison and Records Liaison: "Public Records Liaison" and "Records Liaison" mean the person or persons designated by an elected official or department director to accept, track by log, and arrange for fulfillment of requests for disclosure of records within a Jefferson County department 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 3 See RCW 42.56.010(2). �k��cON c`OGZ K Jefferson County Public Records Act Compliance Policy Page 9 of 36 2.18 Record: "Record" means "public record" as defined in RCW 42.56.010, namely any identifiable record' containing "written information" as defined in Section 2.21 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. 2.18.1 This definition does not include records that are not otherwise required to be retained by Jefferson County and are held by volunteers who: 2.18.1.1 Do not serve in an administrative capacity; 2.18.1.2 Have not been appointed by Jefferson County to an agency board, commission, or internship; and, 2.18.1.3 Do not have a supervisory role or delegated Jefferson County authority.5 2.18.2 Written information created or received by employees using non -county devices only meet the definition of record if the written information relates to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by Jefferson County.' 2.19 Record holder: "Record holder" means the department or staff having custody of a record. 2.20 Request: "Request" means a request made to Jefferson County pursuant to the Public Records Act for disclosure of records. Requests for records made pursuant to other statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. 2.21 Requestor: "Requestor" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of doubt, reference to a section includes a reference to every subsection in that section a See RCW 42.56.080(1). s See RCW 42.56.010(3). 6 See WAC 44-14-010. 4���N COG2 Jefferson County Public Records Act Compliance Policy Page 10 of 36 �'SHixG��2 but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff: "Staff' means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.' For the avoidance of doubt, electronic data, including email, that meet this definition shall be considered written information. 3.0 General Provisions 3.1 Public Records Act Compliance. 3. 1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, Chapter 42.56 RCW. 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records in Jefferson County's custody that state law or court rule do not exempt or prohibit from diselestweproduction. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate safeguards for information exempted from or prohibited from diselestwe production by federal or state law. ' See RCW 42.56.010(3) and (4). tJefferson County Public Records Act Compliance Policy Page 11 of 36 3.2 Applicability. 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56.240(14), or any other statute which exempts or prohibits diselesufe-production of specific information or records to requestors. 3.4 Records Are Property of Jefferson County. Records maintained by Jefferson County are and remain the property of Jefferson County. 3.5 Use of Available Electronic Resources Encouraged. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public records as provided in RCW 42.56.070(4) based on the following findings: V Jefferson County Public Records Act Compliance Policy Page 12 of 36 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. 3.6.2 Jefferson County is comprised of 15 separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with Chapter 42.56 RCW; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; �9S%11NG��2 Jefferson County Public Records Act Compliance Policy Page 13 of 36 t 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure; 4.1.5.10 Maintain the required information and comply with the best practices annual reporting requirements contained in Chapter 40.14 RCW;8 and, 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under Chapter 40.14 RCW.9 s See Chapter 40.14 RCW. 9 See Chapter 40.14 RCW. tJefferson County Public Records Act Compliance Policy Page 14 of 36 4.2 Chief Civil Deputy Prosecuting Attorney. 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. 4.3 Records Liaisons and Backup Records Liaisons. 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. 4.3.3 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs of official requests fulfilled by the department. 4.3.4 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RCW 40.14.026 4.4 Training and Updates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. v�,ON r0( 4 7effercnn C nnnty Pnhlic RAnnrd-, Ant CmmnlinnnP Pnlicv Pnop 1 S of lr, 5.0 Public Records Requests 5.1 Format of Requests. 5.1.1 No official format is required for making a records request.lo 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. 10 See RCW 42.56.080(2). V Jefferson County Public Records Act Compliance Policy Page 16 of 36 5.3 Lists of Individuals. 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request that is one of multiple requests from the requestor within a twenty -four-hour period, if responding to the multiple requests would cause excessive interference with other essential operations of Jefferson County. l i 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request. 6.1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chapter 40.14 RCW. 12 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the supervisor or Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of their department supervisor or Records Liaison. " See RCW 42.56.080(3). 12 See Chapter 40.14 RCW. VJefferson County Public Records Act Compliance Policy Page 17 of 36 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. 6.2 Requests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records. 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under Chapter 42.56 RCW or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. 13 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in Section 6.4.3. 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chapter 40.14 RCW. 14 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial response to the records request is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. 6.3.3 Jefferson County shall honor requests for identifiable records that are received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in person. 15 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest response. Requests may be fulfilled in the order of receipt, so long as easily is See RCW 42.56.080(1). is See Chapter 40.14 RCW. is See RCW 42.56.080(2). V Jefferson County Public Records Act Compliance Policy Page 18 of 36 fulfilled requests are not postponed behind larger or more complicated requests, strictly because they were received later. 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Tues of Five (5) Day Responses. The initial response to the requestor shall be made in writing within five (5) business days of receipt of a request, shall acknowledge receipt of the request, shall provide the requestor a list of department(s) to which the request was routed and may take one of the following types: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 Direction to Online Documents: 6.4.2.1 If the records requested are available via Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer. 16 6.4.3 Clarification of Requests: 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification, and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified. 17 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When 16 Required by RCW 42.56.520(1)(b). 17 See RCW 42.56.520(1)(d). 4�`v�N .„rOG2 Jefferson County Public Records Act Compliance Policy Page 19 of 36 !f9`SHIN(i��2 a requestor agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County should advise the requestor that if the requestor fails to provide clarification as requested within 30 days the request will be considered closed. 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear. 18 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, definitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of 18 See RCW 42.56.520(3)(b). Jefferson County Public Records Act Compliance Policy Page 20 of 36 the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6..4:6.4.7.2 If there is any question as to whether any record, or any portion of a record, should be exempt from production and therefore should be denied from production to any requestor (by withholdiniz or redaction), a Records Liaison shall consult the Prosecuting Attorney's Office or the Public Records Officer or designee, and shall give them the opportunity to inspect the subject record(s) before any such denial of production is conveyed to the requestor. 6..4.6.4.7.3 _A written statement of the specific reasons for the denial must accompany any denial of a records request.19 Any denial should inform the requestor that it is the final, definitive response. 6.4.E .36.4.7.4 See Sections 6.15 through 6.18 of this policy for additional information regarding_ exemptions and the withholding or redactingof f responsive records. 6.5 Final, Definitive Response. Records Liaisons shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 19 See RCW 42.56.520(4). V Jefferson County Public Records Act Compliance Policy Page 21 of 36 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations. 20 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requestor for clarification or refinement of the request, as discussed in Section 6.4.3. 20 See WAC 44-14-01002. Jefferson County Public Records Act Compliance Policy Page 22 of 36 / L � 6.11 No Requirement to Create New Records to Respond to A Records Request. 6.11.1 Records Liaisons and staff are not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive to a request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests. Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor in response to a voluminous or frequently occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy. 21 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 6.14.1.1 The requested records are easily accessible to staff; 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and, 6.14.1.3 The request is not for records that are subject to withholding or redaction due to diselestife exemptions or confidentiality considerations. 21 RCW 42.56.120(4) 9SH1NC'�O W N o0 =4 GyK Jefferson County Public Records Act Compliance Policy Page 23 of 36 4- ? 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requestor, if provided, the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. 6.15 Exemptions from Dise4estffeProduction. 6.15.1 Requested records may be subject to exemption from diselesuFe—production under the Public Records Act or other statutes. 6.15.2 Some records may contain specific content that is exempt from diselestffeproduction. The presence of exempt information does not necessarily exempt an entire record from diselesefeproduction. 6.15.3 Common exemptions are listed in Section 6.18.1. 6.16 Withholding or Redacting Records Based on Exemptions. 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RCW 42.56.210. 6.16.2 Record holders and/or departments are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Record holders and/or departments are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from diselesufeproduction, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing the diselestweproduction to the requestor. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210, the requestor shall be inferred -provided, in writing, of -the a brief explanation of the reason(s) that information has been withheld or redacted. . Jefferson County Public Records Act Compliance Policy Page 24 of 36 6.17 Explanation of Exemptions42M. 6.17.1 An explanation of exemptions -log shall lis4ing the infefmafienA4"eld and identify the record, (2) cite the statute that the exemption is based upon. and (3) provide a brief explanation of the statutory basis for each redaction or reeer- ,,,idAe'awithholding of a record. 6.17.2 Individual occurrences of the same redaction may be listed generally in the explanation of exemptions—leg. For example, an explanation of exemptions leg -need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that diselesufe production would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the extent production would violate their right to privacy (RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non-diselesete production is essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(11) F4w�oH X002 Jefferson County Public Records Act Compliance Policy Page 25 of 36 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (D); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County within five years of the request for disclosure when diselesere production would produce private gain and public loss (RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to assert any exemptions permitted by law when Jefferson County determines that such exemption applies and that rdis serves the public interest. 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 4���gOti 'COG2 Jefferson County Public Records Act Compliance Policy Page 26 of 36 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff." 6.20 Electronic Records. 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record.2s 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record.24 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an electronic format, and the cost of any physical transmission device provided by Jefferson County.25 22 See WAC 44-12-01022. 21 See RCW 42.56.120(1). 24 See RCW 42.56.120(1). 21 See RCW 42.56.070(7). VJefferson County Public Records Act Compliance Policy Page 27 of 36 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Public Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 6.21.4 The Public Records Officer or designee may attempt to contact the requestor at any time prior to deeming an installment request abandoned. 6.22 Requestor Responsibilit. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response should be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee may attempt to confirm whether the requestor still wants the requested records but is not required to do so. 6.22.4 If a requestor fails to claim or arrange for inspection of requested records after the expiration of the period to inspect or claim copies of requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. `C�i50N (p!, Jefferson County Public Records Act Compliance Policy Page 28 of 36 Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 0) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. 6.24 Allocating Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Re uestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 Staff is not required to work on an additional request from the same requestor who has an open previous request until the initial requests are completed and closed. 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 4���N COG2 K Jefferson County Public Records Act Compliance Policy Page 29 of 36 �9`sHIN ,�02 6.26 Requests Log, 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimum: 26 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; 6.26.1.3 The text of the original request; 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 6.26.1.6 Date of final disposition of the request. 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under Chapter 40.14 RCW, and shall be a record subject to disclosure under chapter 42.56 RCW.21 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Request Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted records for the request file. 26 See Chapter 40.14 RCW. 27 See Chapter 40.14 RCW. t'- ON rip Jefferson County Public Records Act Compliance Policy Page 30 of 36 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. 7.3 Archiving and Destruction of Public Records Request Records. Within the time required by the Washing State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.026.Za 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. 9.2 Petition for Review. Any person who objects to any action described in Section 9.1, may petition for prompt review of such action by submitting a written petition for review to the Chief Ciyil -`e Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse, After Petition for Review. The Chief Civil D Prosecuting Attorney's Office shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. 21 See Chapter 40.14 RCW. K Jefferson County Public Records Act Compliance Policy Page 31 of 36 4- 2 9SHlN�� 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Chief f ' iyi Deputy -Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Chief of /" iyi no _Prosecuting Attorney's Office has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No. requirements of Jefferson County Ordinance No. of convenience. 10.1 Inspection Only There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. The are repeated below for purposes Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means. 29 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RCW 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published 29 See RCW 42.56.120(2)(e). ON r Jefferson County Public Records Act Compliance Policy Page 32 of 36 in the Jefferson County Public Records Request Cost Schedule. 30 These fees shall go into effect immediately pon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt the term "electronic file" as used in RCW 42.56.120(2)(b) iii) for emails, means each discrete email and each discrete attachment to an email. 10.4.2 Jefferson County will charge the actual cost for the following: 10.4.2.1 Digital storage media or device provided by Jefferson County; 31 10.4.2.2 Containers or envelopes used to mail copies to the requestor; 32 10.4.2.3 Any postage or delivery charge; 33 10.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and 10.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson County:Estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes; 34 10.4.3.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the 30 See RCW 42.56.120(2)(b). 31 See RCW 42.56.120(2)(b)(v). 32 See RCW 42.56.120(2)(b)(v). 33 See RCW 42.56.120(2)(b)(v). 14 See RCW 42.56.120(3)(a). V Jefferson County Public Records Act Compliance Policy Page 33 of 36 specific expertise required, and a reasonable estimate of the charge; 35 and, 10.4.3.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge. 36 10.4.4 Charges may be combined if more than one type of charge applies to copies produced in response to a request.37 10.4.5 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request.38 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, 39 may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a "See RCW 42.56.120(3)(b). 36 See RCW 42.56.120(3)(b). 37 See RCW 42.56.120(2)(c). 38 See RCW 42.56.120(4). 39 See RCW 42.56.120(4). '���ON COGy�c Jefferson County Public Records Act Compliance Policy Page 34 of 36 Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11 Limitations 11.1 No Additional Leizal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 11.2.2 This Policy includes both statutory requirements and best practices. 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Duty That is Not Already posed by Law. No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. Jefferson County Public Records Act Compliance Policy Page 35 of 36 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. 14.0 References Chapter 42.56.RCW Chapter 40.14 RCW Chapter 82.12 RCW Chapter 44-14 WAC Chapter 434-615 WAC Washington State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of , 2017. 4���,cON COG2 Jefferson County Public Records Act Compliance Policy Proposed Public Records Request Cost Schedule: 36 of 36 Public Records Request Cost Schedule40 Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoidance of doubt, the term attachment "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. For any individual request, total costs up to and including $X.XX shall be waived. " See RCW 42.56.120(2). ATTACHMENT TWO TO AGENDA REQUEST STATE OF WASHINGTON County of Jefferson In the Matter of Updating the Jefferson) ORDINANCE NO. County Public Records Compliance Policy Whereas, Chapter 42.56 RCW, the Washington Public Records Act requires that public agencies publish rules to provide public access to public records; and, Whereas, in furtherance of the requirements of Chapter 42.56 RCW, Jefferson County adopted Resolution 39-06 on June 27, 2006 to govern the response to requests for public records in all Jefferson County departments and offices; and, Whereas, effective July 23, 2017, the Washington Legislature amended Chapter 42.56 RCW, the Public Records Act, and Chapter 40.14 RCW, the Preservation and Destruction of Public Records Act, requiring that the Jefferson County Public Records Access Policy be updated or replaced to incorporate the changes made by the Washington Legislature; and Whereas, the Board of County Commissioners of Jefferson County has considered the matter at a duly -advertised public hearing and concludes that adoption of this ordinance will further the public health, safety and welfare and will facilitate compliance with Chapter 42.56 RCW, the Washington Public Records Act, including any future changes in Chapter 42.56 RCW; and Now, therefore, be it ordered, resolved and decreed by Jefferson County as follows: 1.0 Purpose: 1.1 Chapter 42.56 RCW, the Washington Public Records Act, requires that public agencies publish rules to provide public access to public records; and, 1.2 Effective July 23, 2017, the Washington Legislature amended the Public Records Act, changing the costs which may be charged for providing records under the Public Records Act; and, 1.3 This ordinance is to authorize Jefferson County to charge fees for the provision of responsive records, in accordance with RCW 42.56.120. 2.0 Repeal of Resolution 39-06: Resolution 39-06, along with its attachments, is repealed. 3.0 Costs for Public Records: 3.1 Inspection Only. There is no charge for inspection of records. 3.2 Records Already on Jefferson County Website. Jefferson County will not charge copying costs for access to or downloading of records that it routinely posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means. 3.3 Statutory Basis. Costs for the provision of responsive records shall be in accordance with RCW 42.56.120. Jefferson County hereby adopts by reference RCW 42.56.120, as presently enacted or as may be amended in the future. 3.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, in order to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule. These fees shall go into effect immediately Upon approval and apply to all pendingPblic Records Act requests. 3.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW 42.56.120(2)((b_)(iii) for emails, means each discrete email and each discrete attachment to an email. 3.4.2 Jefferson County will charge actual costs for the following: 3.4.2.1 Digital storage media or device provided by Jefferson County; 3.4.2.2 Containers or envelopes used to mail copies to the requestor; 3.4.2.3 Any postage or delivery charge; 3.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 2 3.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 3.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and, 3.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 3.4.2.6 A Customized Electronic Access Service Charge, if Jefferson County: 3.4.2.6.1 Estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by customized electronic access services are not used by Jefferson County for its other purposes; 3.4.2.6.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge; and, 3.4.2.6.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge. 3.4.3 Charges may be combined if more than one type of charge applies to copies produced in response to a request. 3.4.4 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Ordinance, or in response to a voluminous or frequently occurring request. C 3.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by this Ordinance is in Appendix A of this Ordinance. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules and shall be updated administratively by the Clerk of the Board to incorporate changes in the costs in RCW 42.56.120, , as presently enacted or as may be amended in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-1209-96. 3.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 3.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. The Public Records Officer or designee shall make a reasonable attempt to contact the requestor prior to deeming a request abandoned and closed. 4.0 Resolutions to Adopt Public Records Policies: The Jefferson County Board of Commissioners may adopt policies by Resolution to implement Chapter 42.56 RCW, which policies shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 5.0 Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. 6.0 Effective Date: This ordinance is effective immediately upon adoption. (SIGNATURES FOLLOW ON NEXT PAGE) 4 APPROVED and ADOPTED this day of 2018. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair ATTEST: Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney ATTACHMENT A to Ordinance No. (Current Cost Schedule, Subject to Change Pursuant to RCW 42.56.120) Public Records Request Cost Schedule: Public Records Request Cost Schedule' Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoidance of doubt, the term attachment "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. For any individual request, total costs up to and including $X.XX shall be waived. ' See RCW 42.56.120(2). Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Ken Hugoniot, Public Records Administrator Erin Lundgren, Clerk of the Board, Public Records Officer DATE: February 12, 2018 RE: HEARING NOTICE re: Proposed Replacement of the Jefferson County 2006 Jefferson County Records Access Policy, including: (1) Adoption of a Resolution approving the proposed Jefferson County Public Records Act Compliance Policy ("the proposed Policy"); and, (2) Adoption of an Ordinance approving the updated charges in the proposed Policy to add those charges to the Jefferson County Code Appendix Fee Schedules. STATEMENT OF ISSUE: Staff recommends that the Board of County Commissioners approve the attached Public Hearing Notice, setting a Public Hearing for 10:30 a.m., Monday March 19, in the Commissioners' Chambers, to take public testimony on a proposed Resolution approving a Jefferson County Public Records Act Compliance Policy, and a companion proposed Ordinance approving updated charges pursuant to the Public Records Act. This Agenda Request follows up on the prior Agenda Request on the same topic that was discussed but not approved during the February 5, 2018 Board of County Commissioners meeting. Based on comments during the public comment session on February 5, 2018, the BoCC decided to have additional discussions and continue the item until February 12. The results of those open session discussions are summarized in the Analysis Section, below. 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 Jefferson 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. Consent Agenda The current Jefferson County policy for public records requests ("Jefferson County Records Access Policy") has been in place since 2006 when it was adopted in Resolution 39-06 (Attachment One). 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 required procedures were adopted in ESHB 1594 and ESHB 1595. The new legislation also authorizes jurisdictions to collect fees for electronic copies of public records. The changes in the new legislation were summarized by the Washington Public Officers Association and a copy of that summary is Attachment Two. Staff have prepared the proposed Policy to implement the changes mandated by the new legislation and update the procedures to be used by Jefferson County employees when responding to Public Records requests. The proposed Policy is Attachment Three, the proposed resolution is Attachment Four, and the proposed ordinance is Attachment Five. For purposes of simplicity, the proposed Policy, the proposed ordinance, and the proposed resolution are referred to collectively below as the new Policy. ANALYSIS: The new Policy is designed to replace, rather than amend, the Jefferson County Records Access Policy. The most significant changes to the 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 Jefferson County. The proposed 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 new policy 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 August 22 to 28, 2017. After additional suggestions and changes were incorporated, a new draft was presented and summarized to the Jefferson County Administrator on August 31, 2017. An informational session with the Board of County Commissioners was held on October 9, 2017 to discuss the proposed Policy and the new legislation. Meanwhile, staff was evaluating available public records request management software to enhance the ability to receive, respond to and track public records requests. Jefferson County's Information Technology staff, the Public Records Administrator and the Central Services Director determined GovQA to be best of breed. Importantly, GovQA facilitates the F] Consent Agenda reporting requirement changes in the new legislation, likely saving its potential cost in staff effort to comply with this requirement alone. The Board of County Commissioners approved the purchase of GovQA on August 28, 2017. Implementation of GovQA began in September 2017 and continues. The proposed Policy does not mention GovQA by name but the reference to "a web portal on Jefferson County's website or on a website of a Jefferson County vendor" in the proposed Policy currently refers to GovQA. Staff decided use of a generic term in the proposed Policy was preferable because it makes possible changes in the vendor (or even just its name), without having to amend the Policy. Additional revisions were made to the proposed Policy between August 2017 and the present. Staff believes the proposed Policy represents outstanding effort. Further improvement may be possible through public comment. Staff believes it is time to begin the public comment process. At the public comments portion of the BoCC session in the morning of February 5, 2018, it was suggested by a member of the public that there was a more simple way to create a public records act policy for Jefferson County. The suggestion was that the County simply adopt by reference the Model Rules promulgated by the Attorney General. This suggestion was discussed in open session on the afternoon of February 5, 2018. Staff pointed out two problems with the suggestion of adoption by reference of the Model Rules. First, current Model Rules were adopted in 2007, before the 2017 legislative changes to the Public Records Act. While revised Model Rules have been prepared, those have not yet been promulgated. As a result, adopting by reference the Model Rules would not bring the County's policy up to date. Second, the proposed policy also is designed to comply with the requirement in the Public Records act in RCW 42.56.040 that the County have a document that describes the procedures adopted by the County on how it complies with the Public Records Act. There are procedures that the County employs to comply with the Public Records Act that are not described in the Model Rules. For example, the County uses a system of records liaisons in each of its departments to assist with Public Records Act compliance that the Model Rules would not cover. Staff recommends that the County not adopt the Model Rules by reference. Instead, the BoCC should move forward with the hearing and public comment period. As stated above, further improvement may be possible through public comment. With the publication of the Agenda Request for February 5, 2018, staff already has received useful public comments that will improve the policy. Additional public comments could improve the policy even more. Setting a hearing date and public comment period does not require the BoCC to adopt the proposed policy as written. However, it does give notice to the public that they should provide their input, so the policy can be revised and improved. Consent Agenda FISCAL IMPACT: Collection of fees for electronic copies of public records will provide Jefferson County with a way to recoup a small portion of the significant costs incurred in responding to public records requests. RECOMMENDATION: Approve the attached Public Hearing Notice (Attachment Six), setting a Public Hearing for 10:30 a.m., Monday March 19, in the Commissioners' Chambers, to take public testimony on a proposed Resolution approving a Jefferson County Public Records Act Compliance Policy, and a companion proposed Ordinance approving updated charges pursuant to the Public Records Act. Staff believes a 30 -day public comment period is appropriate, given the public interest in the matters covered by the proposed Policy, and in order to hear and consider suggestions for further refinements to the proposed Resolution and Ordinance. After holding the Public Hearing and accepting and deliberating on the written and oral public testimony, the Board could adopt the Resolution and the Ordinance as currently drafted, or adopt them with revisions. DEPARTMENT CONTACTS: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219. Ken Hugoniot, Public Records Administrator at Extension 174. REVIEWED BY: `- hilip M rle , County-�,rator Date 11 ATTACHMENT SIX TO AGENDA REQUEST Please publish two (2) times: February 141h, and February 21St, 2018. Bill: Jefferson County Commissioners' Office PO Box 1220 Port Townsend, WA 98368 NOTICE OF PUBLIC HEARING Public Records Act Compliance Policy & Charges Notice is hereby given that pursuant to RCW 36.70.795, RCW 36.70A.390, a Public Hearing will be held on Monday, March 19, 2018 at 10:30 a.m. in the Commissioners' Chambers, 1820 Jefferson Street, Port Townsend, Washington for the purpose of taking written and oral testimony regarding possible adoption of a Jefferson County Public Records Compliance Policy. This would include the possible adoption of a Resolution approving the policy and an Ordinance approving updated charges in the proposed policy to add to the Jefferson County Code Appendix Fee Schedules. The current Jefferson County Records Access Policy has been in place since 2006 when it was adopted in Resolution 39-06. 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 public can view the complete text of the proposed Jefferson County Public Records Compliance Policy, along with the proposed Resolution and the proposed Ordinance on-line at www.co.jefferson.wa.us or a copy can be obtained by calling 360-385-9100. The public may provide verbal and/or written testimony on the ordinance at the Public Hearing, and may also submit written testimony to the Jefferson County Commissioners, P.O. Box 1220, Port Townsend, WA 98368 or e-mail to jeffbocc o,coiefferson.wa.us, at any time up through the end of the Public Hearing. Approved this 12th day of February, 2018 JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair C.C. WI -D - 44CL7 ATTACHMENT ONE TO AGENDA REQUEST STATE OF WASHINGTON County of Jefferson In the Matter of Updating the } Jefferson County Records Access } RESOLUTION NO. 39-06 Policy Identified as Attachment "A" } to this Resolution } WHEREAS, RCW 42.17, The Washington State Public Disclosure Act requires that public agencies publish rules in order to provide full public access to public records. In furtherance of that requirement Jefferson County adopted Resolution No. 117-97 on October 27, 1997 which was updated by Resolution No. 24-01 adopted on March 5, 2001 and Resolution No. 70-02 on November 18, 2002 to govern the response to requests for public records in all Jefferson County departments and offices; and, WHEREAS, legislation was passed in 2005 which directed the State Attorney General to develop and adopt model rules on public records compliance that "will establish a culture of compliance among agencies and a culture of cooperation among requesters by standardizing best practices throughout the state," and WHEREAS, since Chapter 44-14 WAC Public Records Act --Model Rules has been formally adopted and the Act will be known as the "Public Records Act" as of July 1, 2006 and will be codified in chapter 42.56 RCW, the Jefferson County Records Access Policy needs to be updated to incorporate the "Best Practices" for public records requests as set out in the model rules, which are by their own terms purely advisory. NOW, THEREFORE, BE IT RESOLVED, by the Board of Jefferson County Commissioners that the JEFFERSON COUNTY RECORDS ACCESS POLICY is hereby re- adopted as stated in "ATTACHMENT A" to this resolution. BE IT FURTHER RESOLVED that Resolution No. 70-02 along with its attachments is hereby repealed and replaced by adoption of this Resolution. 14T • C04PPROVED and ADOPTED this 1.�i • It, 26th day of June , 2006. JEFFERSON COUNTY r'x BO OFC MMISSIONERS cm c Julie Matthes, CMC Deputy Clerk of the Board Chair n, MemDer ATTACHMENT A to Resolution No. 39-06 JEFFERSON COUNTY RECORDS ACCESS POLICY as Re -Adopted SECTION 1.0 SUBJECT 1.1 The Public Records Act provides that each agency shall adopt and enforce reasonable rules and regulations to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency. Such rules shall provide for the fullest assistance to inquirers and the most timely possible action on requests for information. 1.1.1 The Act defines "public record" to include 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 the agency. SECTION 2.0 PURPOSE 2.1 To establish a uniform, countywide policy for responding to requests for public records under the provisions of the Washington State Public Disclosure Act (RCW 42.17). This policy establishes the procedures Jefferson County will follow in order to provide full access to public records, and provides information to persons wishing to request access to the public records of Jefferson County. It also establishes processes for both requesters and Jefferson County staff that are designed to best assist members of the public in obtaining such access. 2.2 The Public Records Act (RCW 42.56) provides the public full access to information concerning the conduct of government, mindful of individuals' privacy rights and the desirability of the efficient administration of government. The act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, Jefferson County will be guided by the provisions of the act describing its purposes and interpretation. SECTION 3.0 AFFECTED PARTIES 3.1 All Jefferson County offices and departments, divisions and appointed advisory boards or commissions, and their employees and representatives as these terms are defined in Section 5 below. Jefferson County Records Access Policy 3.2 Agency Contact Information Page 2 of 12 3.2.1 Agency Description: This policy is for Jefferson County, a political subdivision of the State of Washington; The central offices for Jefferson County are located at: Jefferson County Courthouse 1820 Jefferson Street Port Townsend, WA 98368. 3.2.2 Jefferson County has field offices at the following locations: 1322 Washington Street, Port Townsend, WA - Public Works Department Port Hadlock, Quilcene, Brinnon & Hoh Road, WA - Public Works Shops Sheridan Street - Castle Street Mall, Port Townsend, WA - Health & Human Services and Department and the Department of Community Development Lawrence & Tyler Streets, Port Townsend, WA - Recreation Department 81 Elkins Road, Port Hadlock, WA - Sheriff's Office, Corrections Facility, JeffCom Dispatch and Emergency Management Shold Business Park, Port Hadlock, WA - WSU Extension SECTION 4.0 REFERENCES 4.1 Revised Code of Washington (RCW) Public Records Act codified at 42.17.250 to 42.17.348 and to be re -codified at Ch. 42.56 RCW as of July 1, 2006. SECTION 5.0 DEFINITIONS 5.1 The following definitions apply for the purposes of this policy. 5.1.1 Agency: For purposes of this policy, agency includes all Jefferson County offices, departments, divisions, and appointed advisory boards, or commissions under the control of the Commissioners and/or other Elected Offices of the County and their employees and representatives, but not including separately elected Boards or Commissions for Special Purposes Taxing Districts within the County. 5.1.2. Fullest assistance: The allocation of agency employee staff time and agency resources to the processing of Public Records requests that is feasible and practical for this County at a particular time. Fullest assistance is further defined as that allocation of public resources that does not excessively interfere with the other essential functions of the agency. 5.1.3 Indexes (Indices): A listing on paper, or in a computer database, of the public documents for an office or department, division, advisory board or commission. 5.1.4 "Large" Public Records Requests: Any request for public records that results in over 350 pages of records in any form. Jefferson County Records Access Policy Page 3 of 12 5.1.5 Offices, Departments, Divisions, and Appointed Advisory Boards or Commissions: For the purpose of this policy, these terms shall mean all Jefferson County departments, their divisions, subdivisions, ancillary offices and any advisory boards or commissions appointed by the Board of Commissioners or Jefferson County. See definition of "Agency" above. 5.1.6 Public Records: Include any paper, correspondence, completed form, bound record book, photograph, film, sound recording, map drawing, machine- readable material, or other documents including existing data compilations from which information may be obtained or translated, regardless of physical form or characteristics, and including such copies thereof, that have been made by, or received by, any office or department of Jefferson County in connection with the transaction of public business. SECTION 6.0 POLICY & PROCEDURES 6.1 Any person wishing to request access to public records of Jefferson County, or seeking assistance in making such a request should contact the Public Records Officer: The Public Records Officer shall be the Clerk of the Board of County Commissioners who has the following points of contact: Jefferson County Commissioners Office 1820 Jefferson Street - PO Box 1220 Port Townsend, WA 98368 Phone (360) 385-9100; Fax (360) 385-9382 e-mail: ieffbocc(a)-co.iefferson.wa.us Information is also available at the Jefferson County website at www.co. iefferson.wa. us Nothing in this policy is intended to prevent a citizen from filing or making a request for Public Records with an Office, Department, Division, Appointed Advisory Board or Commission, employee or representative of the agency other than the Public Records Officer. 6.2 The Public Records Officer will oversee compliance with the Act, but, another Jefferson County staff member, office, department, division or appointed advisory board, employee or representative may process the request. Therefore, these rules will refer to the Public Records Officer or designee. The Public Records Officer or designee will provide the "fullest assistance" (as defined above) to requesters; and ensure that public records are protected from damage or disorganization. 6.2.1 Qualifications for Public Records Officer: The employee appointed as Public Records Officer shall hold the designation of Certified Municipal Clerk "CMC" or equivalent, and shall attend qualified training. Jefferson County Records Access Policy Page 4 of 12 6.2.1.1 The Public Records Officer and designees shall attend training classes on the Washington State Public Records Act (codified in chapter 42.56 RCW). Qualified training is any training on the Act that is scheduled by the State Attorney General's Office, Municipal Research and Services Center, Washington State Association of Counties, Washington State Association of County Officials, the Washington Counties Risk Pool, the Association of Washington Cities, or the Washington State Municipal Clerks Association. 6.3 Indexes (indices) Available to Public: Pursuant to RCW 42.17.260(4)(x)/42.56, Jefferson County is not required to maintain an all inclusive index of public records as provided in this RCW based on the following findings: 6.3.1 Maintaining an all inclusive index of public records is unduly burdensome, and would interfere with agency operations. 6.3.2 Jefferson County is comprised of 15 separate departments, their divisions and subdivisions, many of which are located in facilities in various locations throughout the County 6.3.3 Departments and their divisions maintain separate record-keeping systems. 6.3.4 Because the County has records which are diverse, complex and store in multiple locations and identified on various record keeping systems, some computerized and some on paper, it is unduly burdensome, and physically impossible to maintain a central index of records. 6.3.5 If an index exists, then the County office or departments shall make it available for public inspection and copying. 6.4 Availability of public records. 6.4.1 Hours for inspection of records: Public records are available for inspection and copying during the customary office hours of Jefferson County. Records must be inspected at the Commissioners Office in the County Courthouse or at the offices that house the records being requested (requester will be advised where the records will be available.) 6.4.2 Jefferson County will take reasonable actions to protect records from damage and disorganization. 6.4.3 A variety of records is available on the Jefferson County website at www.co.iefferson.wa.us. Requesters are encouraged to view the documents available on the web site prior to submitting a records request. 6.4.4 All Jefferson County offices, departments, divisions, appointed advisory boards, or commissions retain records in accordance with the State of Washington records retention schedule for local governments. The retention schedules for local government agencies are available at www.secstate.wa.gov/archives/gs.aspx. 6.5 Exempt Records: Offices and departments will exempt from public inspection and copying those records listed in Chapter 42.17.310/42.56 of the Revised Code of Jefferson County Records Access Policy Page 5 of 12 Washington as it currently exists and as amended or re -codified in Ch. 42.56 RCW hereafter. The exemptions of RCW 42.17.310 shall not apply if the disclosure of information which would violate a personal privacy or vital government interest can be deleted from the specific records sought. No exemption shall be construed to permit the non -disclosure of statistical information not descriptive of any readily identifiable person or persons. 6.5.1 Responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the records withheld. 6.5.2 Disclosure Prohibited by Other Statutes: Offices and departments shall not be required to permit public inspection and copying of any record to the extent public disclosure of the record is prohibited, restricted or limited by federal statute or regulation, or state laws codified at locations other than RCW 42.17.310. Offices and departments will be responsible for identifying such statutes or regulations as apply to the records in their possession. See Report No. 61, Public Records Disclosure for Washington Cities and Counties, Appendix C June 2004, Municipal Research and Services Center (MRSC). 6.6 Digital Data to be Released: The state law governing the potential disclosure of public records does not create separate rules for records stored electronically as opposed to those stored photographically (microfilm) or on paper. Therefore, digital data will be released (or not released) in a manner consistent with the Public Disclosure Act, codified as Chapter 42.17 (42.56) RCW and any other agreements, duties or obligations that pertain to a specific public record, e.g., confidential propriety information of a vendor will not depending on circumstances be subject to release. The Public Disclosure Act will govern any costs that might be charged to a citizen for the disclosure of digital data. 6.7 Form of request: A public records request can be submitted to the Public Records Officer or designee by mail, e-mail, fax, or verbally. 6.7.1 Requests received by mail for identifiable public records shall be honored in kind, subject to the provisions of this policy. 6.7.2 E-mail: Requests received by e-mail for identifiable public records shall be honored in-kind if the records are in a form that allows the Public Records Officer or designee to respond by e-mail and if the size of the file for the records requested can be accepted by the requester's e-mail server. If the County's e-mailed response is returned to the County by the requester's e-mail server, the response will then be made by regular mail if the requester has provided their name and address. If only an e-mail address has been provided the County will notify the requester that their request cannot be fulfilled by e- mail and they will be asked to provide an address. The requester may provide their address to the County by phone if they don't want to provide their address by return e-mail. Jefferson County Records Access Policy Page 6 of 12 6.7.3 Requests Received by Fax: Requests received by fax for identifiable public records shall be honored in kind, subject to the provisions of this policy, however if the request is for copies of more than 10 pages of documents, the County will respond by regular mail. 6.7.4 Requests Received Verbally: In order to efficiently comply with requests and to assure a record of compliance, the County prefers that requests be made in writing. Verbal requests for public records will be honored, but are, in their nature, more prone to misinterpretation and misunderstanding and in order for the County to effectively and efficiently provide the requester the record(s) they are requesting the Public Records Officer or designee who receives an a verbal request should immediately put it in writing. If the requester is present the staff member should verify with the requester that what they have written correctly memorializes the request. 6.8 No distinction shall be made among persons requesting records, and such persons shall not be required to provide information as to the purpose of the request except to establish: 6.8.1 Whether inspection and copying would violate the provisions of Ch 42.17/42.56 RCW prohibiting agencies from giving, selling or providing access to lists of individuals requested for commercial purposes. In compliance with RCW 42.17.260 (9) offices and departments shall not give, sell or provide access to lists of individuals for commercial purposes unless specifically authorized or directed by law. The requester being required under penalty of perjury pursuant to state law to swear or affirm in writing that he, she or it will not use the list provided for commercial purposes; or 6.8.2 Whether the request would violate any other statute which exempts or prohibits disclosure of specific information or records to certain persons. 6.9 Protection of Public Records: Offices and departments shall work with the County Records Manager to develop, adopt, and enforce reasonable rules to protect public records under their control from damage and disorganization, and to prevent excessive interference with their other essential functions. Such rules and regulations shall provide for the fullest assistance to inquirers. Questions regarding such rules should be directed to the County Records Manager and the Prosecuting Attorney. 6.10 Making a Request for Public Records: Any person wishing to inspector copy public records of Jefferson County may make a verbal request, but should make the request in writing on the Jefferson County request form, or by letter, fax or e-mail addressed to the Public Records Officer and include the following information: 6.10.1 Name of requester 6.10.2 Address of requester Jefferson County Records Access Policy Page 7 of 12 6.10.3 Other contact information, including telephone number and any e-mail address 6.10.4 Identification of the public record adequate for the Public Records Officer or designee to locate the records. 6.10.4.1 Requests for future records, or perpetual record requests will not be accepted. A future or perpetual record, that is, one that does not exist today but may be created in the future, does not, qualify as a "writing," as there is not, as yet, any communication or representation that can be recorded. If there is no "writing," there can be no "public record" and, accordingly, there would be no "public record" that would be subject to the inspection or copying requirement of the Public Records Act. 6.10.5 The date and time of day of the request. 6.11 Processing the Requests: 6.11.1 The Public Records Officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. 6.11.2 The Public Records Officer or designee may fulfill the request immediately if the record requested is clearly identifiable, readily available in the Department or office where the requester is submitting the request, and fulfilling the request will not unduly disrupt the work of the Department or office. For example - a request is made in the Commissioners' Office to inspect Resolution No. 24-95. In this case the record is located in the office where the request was made, the staff has access to the requested record, and the record is easily identifiable and readily available. 6.11.3 Acknowledging Receipt of Request: Within five (5) business days of receiving a request for a public record, the Public Records Officer or designee must respond in writing with one or more of the following. 6.11.3.1 Notify the Requester that the records are available for inspection or copying and advise them of the office or department where the records are being held. 6.11.3.2 If copies are requested and payment of a deposit for the copies if any, is made, or terms of payment are agreed upon, send the copies to the requester; 6.11.3.3 Acknowledge that the request has been received and provide a reasonable estimate of the time required to respond to the request to advise when records will be available; or, Jefferson County Records Access Policy Page 8 of 12 6.11.3.4 If the request is unclear or does not sufficiently identify the requested record(s), request clarification from the requester. Such clarification may be requested and provided by telephone. The Public Records Officer or designee may revise the estimate of the time when the records will be available; or 6.11.3.5 Deny the request. 6.11.4 Consequences of failure to respond. If Jefferson County does not respond in writing within five (5) business days of receipt of the request for disclosure, the requester should consider contacting the Public Records Officer to determine the reason for failure to respond. 6.11.5 Additional Time Needed and Protecting the Rights of Others: Additional time required to respond to a request may be based on the need to clarify the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. Offices and departments have the option of notifying affected persons or agencies of whom a requested record specifically pertains and, in some instances, may be required by law to provide such notice. 6.12 Records Exempt from Disclosure: Some records are exempt from disclosure, in whole or in part. If Jefferson County believes that a record is exempt from disclosure and should be withheld, the Public Records Officer or designee will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the Public Records Officer or designee will redact the exempt portions, provide the non-exempt portions, and indicate to the requester a general description of what was redacted and the specific exemption allowing the redacted record. 6.13 Assistance of the Prosecuting Attorney's Office: The office of the Prosecuting Attorney is available to the agency, its officers, divisions, departments and employees for assistance with respect to providing lawful responses to requests for Public Records and in determining what records, or portions of records, may be exempt from disclosure pursuant to state law. Review by the Prosecuting Attorney's Office of a Public Records request does not alter the requirements found in the "five-day response" rule described in Section 6.11.3 above. This section is not intended to require review by the Prosecuting Attorney's Office of each and every response to Public Records requests that this agency might receive. 6.14 Notification of Affected Parties: Offices and departments have the option of notifying affected persons or agencies of requests when requested records specifically pertain to them and, in some instances, may be required by law to provide such notice. 6.15 Inspection of Records: Consistent with other demands and resources, Jefferson County shall promptly provide space to inspect public records. No member of the Jefferson County Records Access Policy Page 9 of 12 public may remove a document from the viewing area or disassemble or alter any document. The requester shall indicate which documents he or she wishes the agency to copy. 6.15.1 If the request results in over 350 documents to be copied, the Public Records Officer or designee will require a deposit in the amount of 10% of the estimated amount or cost for the number of copies (i.e. 350 copies at $.15 per page = $52.50 x 10% = a deposit of $5.25) 6.15.2 For a large request that is done in installments, before the first installment is released a deposit equal to 10% of the reasonable estimate of the cost for total number (all installments) of copies expected times the copy fee. 6.16 Inspection Time Frame: The requester must claim or review the assembled records within thirty (30) days of Jefferson County's notification to him or her that the records are available for inspection or copying. Jefferson County will notify the requester in writing of this requirement and inform the requester who they should contact to make arrangements to claim or review the records. 6.16.1 If the requester or a representative of the requester fails to claim or review the records within the thirty (30) day period or make other arrangements, Jefferson County may close the request and re -file the assembled records. 6.16.1.1 If the same requester then submits a subsequent request for the same or almost identical records after the original records have been re- filed, other public records requests can be processed ahead of that request. 6.17 Providing Copies of Records: After inspection is complete, the Public Records Officer or designee shall make the requested copies or arrange for copying. 6.18 Copying Provided by an Outside Vendor: Jefferson County is not required to copy records at its own facilities. For requests where the requester has indicated that they need a large number of copies, the County may send the copying project to a commercial copying center and either bill the requester for the amount charged by the vendor, or make arrangements for the requester to pay the vendor directly. The outside vendor is permitted to and will charge sales tax to the requesting party. County staff will be responsible for delivery and retrieval of the documents to the commercial copying center. 6.19 Providing Records in Installments: When the request is for a large number of records, the Public Records Officer or designee may provide access for inspection and copying in installments, if it is determined that it would be practical to provide the records in that way. 6.19.1 If, within thirty (30) days, the requester fails to inspect the entire set of records or one or more of the installments, the Public Records Officer or designee may stop searching for the remaining records and close the request. Jefferson County Records Access Policy Page 10 of 12 6.19.2 For large requests, the Public Records Officer or designee may ask the requester to prioritize the request so that he or she receives the most important records first. 6.20 Completion of Inspection: When the inspection of the requested records is complete and all requested copies are provided, the Public Records Officer or designee will indicate by notation on the Request Form or a memo attached to the request, that Jefferson County has completed a diligent search for the requested records and made any located non-exempt records available for inspection. 6.21 Closing Withdrawn or Abandoned Request: When the requester either withdraws the request or if 30 days have passed since the agency notified the requester that the records were available or that a clarification was needed and the requester failed to 1) to inspect the records, 2) further clarify his or her request, 3) pay the initial 10% deposit or 4) make final payment for the requested copies, the Public Records Officer or designee is authorized to and will close the request and indicate in writing to the requester that Jefferson County has closed the request. 6.21.1 If the deposit or final payment for requested copies has not been made and the same requester then submits another public records request, that request will be treated as required by this policy, but the copies will not be released until the payment is made for the previous request. 6.22 Later Discovered Documents: If, after Jefferson County has informed the requester that it has provided all available records, staff becomes aware of additional responsive documents existing at the time of the request, then the County will promptly inform the requester by the same means used for request, of the additional documents and provide for inspection or copying of them on an expedited basis. 6.23 Copy Fees: No fee shall be charged for the inspection of public records. Charges for providing copies of records shall not exceed the amount necessary to recoup the actual costs of the raw materials (or blank media if provided by the County) incident to such copying. Offices not computing actual copy costs may charge up to $.15 (15 cents) per copy of one single or double sided 8 1/2" x 11" page. 6.24 Some public records have copy charges established by state law (statues) and said records are exempt from the fee provisions of this policy. Other such statutes include the following non -exhaustive list: RCW 46.52.085 (charges for traffic accident reports), RCW 10.97.100 (copies of criminal histories), RCW 3.62.060 and 3.62.065 (charges for certain records of municipal courts), and RCW 70.58.107 (charges for birth certificates.) 6.25 Costs of Mailing: If a requester asks that the copies they have requested be mailed, Jefferson County may charge for the actual cost of postage and the shipping container. Jefferson County Records Access Policy Page 11 of 12 6.26 Waiver of Copying Charges: Jefferson County, may at the discretion of the Public Records Officer or designee waive copying charges for administrative convenience on requests for fewer than 5 standard size (8 1/2 x 11 inch) copies. 6.27 Review of denial of public records: Any person(s) or entity that objects to a decision by the agency to deny, either partially or completely, a request for public records may submit a written Petition (writing includes e-mails) to the Public Records Officer of this agency seeking a review of that decision. That Petition must include a copy of or reasonably identify the records that were requested and subsequently denied by the agency. The Public Records Officer will immediately transmit the Petition and all relevant documents to the County Administrator who shall, with the assistance of the Prosecuting Attorney's Office, render a decision on the appeal within two (2) business days of the receipt of the Petition by the Public Records Officer. The person or the entity submitting the Petition and the County Administrator may agree to extensions of the two-day period in which a decision must be rendered. The person aggrieved by a total or partial denial of a request for Public Records is not required to file a Petition with the Public Records Officer before filing a civil action in Superior Court to compel disclosure of the records requested. ON `' JEFFERSON COUNTY kw� GGA Request forto Public Records 1`SG 'YI NG" Name: Mailing Address: E-mail Address: Public Records Officer Clerk of the Board of Commissioners 1820 Jefferson Street PO Box 1220 Port Townsend, WA 98368 Phone: 360-385-9100 Fax: 360-385-9382 E-mail: Jeffbocc@co.jefferson.wa.us Website: www.co.jefferson.wa.us Phone Number: Please describe the SPECIFIC records you are requesting and any additional information Records Requested' that will help us locate said records (dates, names, etc..) RCW 42.17.320/42.56 requires that action on a request for public records must be taken within five (5) business days. I understand that Washington State Law (RCW 42.17.260(9) prohibits the use of lists of individuals for commercial purposes. If applicable to this request, I hereby declare, under penalty of perjury pursuant to the laws of the State of Washington, that I will not use the list of individuals obtained from this request for commercial purposes. If applicable, I also acknowledge that I am solely responsible for any consequences or damages arising from my commercial use of the list of individuals I am obtaining. Signature: Date: FOR OFFICIAL USE ONLY -- Return completed form to the Public Records Officer Date Received: Response Required By: Dept. Receiving Request: Signature Date 1JNotified Requester records are available and where. If copies are requested and payment or deposit on payment has been made - send copies. Request to be denied - IMMEDIATELY Evaluation Necessary. Estimate days needed for final response. Notified U forward to Prosecuting Attorney for review. requester. Copy of letter attached. Record Partially Withheld. Notified requester Clarification needed from requester. Contacted for clarification & notified of revised 1J with reason for partial withholding listing estimate of when records will be available exemption(s) cited. Copy of letter attached. P/A Comment: DENIAL APPROVED: Department to notify requester by mail of reasons for denial. Forward copy of request form and written denial to County Administrator's Office. Signature: Date: ATTACHMENT TWO TO AGENDA REQUEST Summary of ESHB 1594 (Improving Public Records Administration) [Summary as it passed the Legislature & delivered to the Governor; if signed, Act is effective July 23, 2017. Summary only —see bill for details.] DEFINITION • PUBLIC RECORD. Section 1 amends the "public record" definition in the Public Records Act (PRA) at RCW 42.56.010(3) to exclude records that are not otherwise required to be retained and are held by volunteers who (a) do not serve in an administrative capacity; (b) have not been appointed by the agency to an agency board, commission or internship; and, (c) do not have a supervisory role or delegated agency authority. TRAINING • PUBLIC RECORDS OFFICER TRAINING. Section 2 amends the training requirement for public records officers in RCW 42.56.152 to require training on "particular issues related to the retention, production and disclosure of electronic documents, including updating and improving technology information services." RECORDS PROCEDURES • S -DAY RESPONSE — REQUEST FOR CLARIFICATION. Section 3 amends RCW 42.56.520 to provide that a permitted agency response to a PRA request within the 5 -business day period is an acknowledgment of receipt and request for clarification, "and, providing to the greatest extent possible, a reasonable estimate of time" the agency will require to respond to the request if it is not clarified. If the entire response is unclear and the requester fails to respond, the agency need not respond to it. However, the agency must respond to those portions of a request that are clear. • PRA REQUESTS - LOGS. Section 6 adds a new section in RCW 40.14 (records retention) that requires public agencies to maintain a log of public records requests to include for each request the identity of the requester (if provided), date of receipt, text of request, description of records produced, description of records redacted/withheld and the reasons, and date of final disposition. The logs must be retained per the agency's records retention schedule and are a public record the PRA. • LOCAL AGENCY PRA ORDINANCES - ATTORNEY GENERAL'S OFFICE MODEL RULES. Section 4 amends RCW 42.56.570 to provide that local agencies should consult the Attorney General's Office (AGO) Model Rules when establishing local PRA ordinances. • PRA REQUESTS — DATA COLLECTION AND REPORTING. Section 6 adds a new section in RCW 40.14 that requires public agencies "with actual staff and legal costs associated with fulfilling public records requests of at least $100,000 during the prior fiscal year" to report to the Joint Legislative Audit and Review Committee (JLARC) 17 different data points about the agency's PRA requests. Agencies that incur lower PRA costs (less than $100,000) may report the data. JLARC must consult with state and local agencies to develop a reporting method and define metrics. The data to be reported includes: leading practices and processes for records management/retention including technology upgrades and what percentage were implemented by the agency, average length of time to acknowledge receipt of a PRA request, proportion of requests where the agency responded in 5 days compared to where agency provided an estimated response time beyond 5 days, comparison of agency's average initial estimate with actual time when all records were disclosed including whether the agency sent subsequent estimates, number of clarifications requested, number of requests denied and most common reasons, number of requests abandoned, requester types, which portion of requests were fulfilled electronically, numbers of requests where agency was required to scan records, estimated staff time spent on each individual request, estimated costs including costs for staff compensation and legal review and an average cost per request, number of PRA/other public records claims (by type of claim and exemption), litigation costs including penalties, costs for managing and retaining records (including staff compensation, equipment), expenses recovered by the agency from requesters, and a measure of requester satisfaction. JLARC will report to the Legislature by Dec. 1, 2019. Summary of ESHB 1594 (Cont.) [Summary as it passed the Legislature & delivered to the Governor, if signed, Act is effective July 23, 2017. Summary only —see bill for details.] PROGRAMS • RECORDS CONSULTATION PROGRAMS. Section 4 amends RCW 42.56.570 to establish records consultation programs. An AGO program is established for local governments, addressing responding to records requests, seeking additional resources for technology, and mitigating liability and costs of compliance. A Secretary of State (State Archives) program is established for consultation and training on improving records retention practices for local governments. The programs end June 30, 2020. Funding is through a new county document recording $1 surcharge deposited in the local government archives account (per Section 5 - amending RCW 40.14.024; and, Section 7 — amending RCW 36.22.175, which per Section 10 expires June 30, 2020). JLARC will review the programs and report to the Legislature by Dec. 1, 2019 (per Section 6 — new section in RCW 40.14). • LOCAL GOVERNMENT COMPETITIVE GRANT PROGRAM. Section 6 adds a new section to RCW 40.14 that creates a local agency competitive grant program, administered by the State Archives, for one-time investments to improve technology information systems for records retention, management, disclosure and related training, through June 30, 2020. The program is funded through a new county document recording $1 surcharge deposited in the local government archives account (per Section 5 - amending RCW 40.14.024; and, Section 7 — amending RCW 36.22.175, which per Section 10 expires June 30, 2020). JLARC will review the programs and report to the Legislature by Dec. 1, 2019 (per Section 6 — new section in RCW 40.14). STUDY • OPEN RECORDS PORTAL STUDY. Sections 8 and 9 provide for an open records portal study. The bill does not identify where these sections will be codified. Subject to appropriation, the State Archives must hire a consultant to study the feasibility of implementing a statewide open records portal through which a requester can request and receive a response to a PRA request through a single internet web site. The State Archives will convene a stakeholder group to develop the study's scope and direction. A report is due to the Legislature by Sept. 1, 2018. PA Summary of EHB 1595 (Concerning Costs Associated With Responding to Public Records Requests) [Summary as it passed the Legislature & delivered to the Governor; if signed, Act is effective July 23, 2017. Summary only —see bill for details.] COPY FEES ACTUAL COSTS - COPYING FEES - ELECTRONIC RECORDS; HEARING. Section 1 amends RCW 42.56.070(7) in the Public Records Act (PRA) to provide that: ■ Agencies may establish a statement of the actual costs that it charges for photocopies and now to include "electronically produced copies." ■ "Actual costs" for copies may now also include the "actual cost of the electronic production or file transfer of the record and the use of any cloud -based data storage processing service" and the cost of transmitting electronic records (including the use of a physical media device). ■ The statement of costs may be adopted only after providing notice and a public hearing. • ACTUAL COSTS - COPYING FEES — CALCULATIONS. Section 3 amends RCW 42.56.120 to provide that when calculating copy fees, "the agency shall use the most reasonable cost-efficient method available to the agency." It also provides that actual costs may be imposed only in accordance with RCW 42.56.070(7) (see amendments in Section 1), and in accordance with the statement of factors and manner used to determine actual costs. • ACTUAL COSTS - CUSTOMIZED SERVICE CHARGE. Section 3 amends RCW 42.56.120 to provide that an agency may additionally impose the actual costs of a "customized service charge" when the request would require the use of IT expertise to prepare data compilations or when such customized access services are not used by the agency for other business purposes. The agency must notify the requester and take other steps if it will be doing a customized service. An agency can require an advance 10 percent deposit. • ACTUAL COSTS VS. PRA DEFAULT FEE SCHEDULE — RULE DECLARATION. Section 3 amends RCW 42.56.120 to provide that an agency need not calculate actual copying costs "if it has rules or regulations declaring the reasons doing so would be unduly burdensome." In that case, the agency can use the PRA default fee schedule. See next bullet. • PRA DEFAULT FEE SCHEDULE. Section 3 amends RCW 42.56.120 to provide a PRA default copying fee schedule (including an optional flat fee), under which the agency may charge: PRA Fee Schedule Actual cost Customized service charge (in addition to fees for copies — see copying fees below). Copies: 15 cents Photocopies, printed copies of electronic records when requested by the requester, or for the use of /page agency equipment to make photocopies. 10 cents Scanned records, or use of agency equipment for scanning. /page 5 cents Records uploaded to email, or cloud -based data storage service, or other means of electronic delivery. /each 4 electronic files or attachment 10 cents Records transmitted in electronic format or for use of agency equipment to send records electronically. /gigabyte Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. t Copy charges above may be combined to the extent more than one type of charge applies to copies responsive to a particular request Option for Copies: Up to $2 flat fee As an alternative to the copy charges above, an agency may charge a flat fee of up to $2 for any request when the agency reasonably estimates and documents that the costs are equal to or more than $2. If applied to the initial installment, additional flat fees shall not be charged for subsequent installments. Summary of EHB 1595 (Cont.) [Summary as it passed the Legislature & delivered to the Governor, if signed, Act is effective July 23, 2017. Summary only —see bill for details.] COPY FEES (cont.) • NO FEE - RECORDS ROUTINELY POSTED ON AGENCY WEB SITE. Section 3 amends RCW 42.56.120 to provide that an agency shall not charge for access to or downloading of records it routinely posts on its web site prior to the receipt of a request, unless the requester has specifically asked that the agency provide records through other means. • FEE ESTIMATE. Section 3 amends RCW 42.56.120 to provide that upon request an agency must provide a summary of the applicable charges before copies are made and the requester may revise the request to reduce the number of copies, thus the applicable charges. See also Section 5 (new court action challenging estimate of fees, amending RCW 42.56.550). • FEE WAIVER - RULES. Section 3 amends RCW 42.56.120 to provide that an agency may waive any charge "pursuant to agency rules and regulations." • OTHER FEE ARRANGEMENTS. Section 3 amends RCW 42.56.120 to provide that an agency may enter into a contract, memorandum of understanding or other agreement with a requester for an alternative fee arrangement, or in response to a voluminous or frequently occurring request. • FEES IN OTHER STATUTES. Section 4 amends RCW 42.56.130, which provides that PRA fees in RCW 42.56.070(7) and (8) and 42.56.120 do not supersede other statutory provisions for copying fees, and the amendment extends that provision to electronically produced copies. • NEW COURT ACTION — CHALLENGING FEE ESTIMATE. Section 5 amends RCW 42.56.550 to permit a requester to file a superior court motion when the requester believes the agency has not made a "reasonable estimate of the charges to produce copies of public records." RECORDS PROCEDURES • REQUESTS — FORMAT. Section 2 amends RCW 42.56.080 to provide that "No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page." • REQUESTS — BOTS. Section 2 amends RCW 42.56.080 to provide that an agency may deny a "bot" request (a request that an agency reasonably believes was automatically generated by a computer program or script), when it is one of multiple requests from the requester received within a 24 hour period. The agency must establish that responding would cause excessive interference with other agency essential functions. • REQUESTS - IDENTIFIABLE RECORDS. Section 2 amends RCW 42.56.080 to provide that PRA requests must be for "identifiable" records. A request for all or substantially all of an agency's records is not a valid PRA request, "provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of an agency's records." • REQUESTS — RECEIPT. Section 2 amends RCW 42.56.080 to require agencies to honor PRA requests received "in person during an agency's normal office hours" or by email. • PROVIDING COPIES - ELECTRONIC RECORD TRANSLATIONS, PAPER SCANS. Section 3 amends RCW 42.56.120 to provide that translating a record into an alternative electronic format at the request of the requester or scanning a paper record is not creating a new record. 4 ATTACHMENT THREE TO AGENDA REQUEST eoo-70N C y41 �l� IAC i JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Jefferson County Public Records Act Compliance Policy Page 2 of 36 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 Purpose: Compliance with Public Records Act................................................................... 6 2.0 Definitions............................................................................................................................6 2.1 Backup Records Liaison: ................................................................................................. 6 2.2 Bot Request: ..................................................................................................................... 6 2.3 Business Day: ................................................................................................................... 6 2.4 Chief Civil Deputy Prosecuting Attorney: ....................................................................... 6 2.5 Court Records Request: .................................................................................................... 6 2.6 Customized Electronic Access Service: ........................................................................... 7 2.7 Exempt Record: ................................................................................................................ 7 2.8 Failure to Provide a Record: ............................................................................................. 7 2.9 Final, Definitive Response: .............................................................................................. 7 2.10 Fullest Assistance: ............................................................................................................ 7 2.11 Human Resources: ............................................................................................................ 8 2.12 Jefferson County: ............................................................................................................. 8 2.13 Normal Business Hours: ................................................................................................... 8 2.14 Person in Interest: ............................................................................................................. 8 2.15 Policy: ............................................................................................................................... 8 2.16 Public Records Liaison and Records Liaison: .................................................................. 8 2.17 Public Records Officer: .................................................................................................... 8 2.18 Record: ............................................................................................................................. 9 2.19 Record holder: .................................................................................................................. 9 2.20 Request: ............................................................................................................................ 9 2.21 Requestor:.........................................................................................................................9 2.22 Section: ............................................................................................................................. 9 2.23 Staff................................................................................................................................ 10 2.24 Web Portal: ..................................................................................................................... 10 2.25 Written Information: ...................................................................................................... 10 f Jefferson County Public Records Act Compliance Policy Page 3 of 36 3.0 Policy................................................................................................................................. 10 3.1 Public Records Act Compliance.................................................................................... 10 3.2 Applicability...................................................................................................................11 3.3 Non -Discrimination Requirement.................................................................................. 11 3.4 Records Are Property of Jefferson County.................................................................... 11 3.5 Use of Available Electronic Resources Encouraged...................................................... 11 4.0 Roles of Staff Designated to Address Public Records Requests ....................................... 12 4.1 Public Records Officer................................................................................................... 12 4.2 Chief Civil Deputy Prosecuting Attorney...................................................................... 13 4.3 Records Liaisons and Backup Records Liaisons............................................................ 14 4.4 Training and Updates..................................................................................................... 14 5.0 Public Records Requests.................................................................................................... 15 5.1 Format of Requests......................................................................................................... 15 5.2 Fair Notice of Records Request..................................................................................... 15 5.3 Lists of Individuals......................................................................................................... 16 5.4 Bot Requests................................................................................................................... 16 6.0 Jefferson County Response to Public Records Requests ................................................... 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for "All Records" is Insufficient..................................................................... 17 6.3 Prompt Response Required............................................................................................ 17 6.4 Types of Five (5) Day Responses.................................................................................. 18 6.5 Final, Definitive Response............................................................................................. 20 6.6 Requests to Create Records or Convert Records to a Different Format or Medium ..... 20 6.8 Requests for Personnel and Employment Records........................................................ 21 6.9 Requests for Court Records............................................................................................ 21 6.10 Locating Responsive Records........................................................................................ 21 6.11 No Requirement to Create New Records to Respond to A Records Request ................ 21 6.12 Request for Records that No Longer Exist..................................................................... 22 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests ................ 22 6.14 Immediate Provision or Inspection of Records "Over the Counter." ............................. 22 6.15 Exemptions from Disclosure.......................................................................................... 23 6.16 Withholding or Redacting Records Based on Exemptions ............................................ 23 Jefferson County Public Records Act Compliance Policy Page 4 of 36 6.17 Exemption Logs............................................................................................................. 23 6.18 Summaries of Common Exemptions............................................................................. 24 6.19 Inspection of Responsive Records................................................................................. 25 6.20 Electronic Records......................................................................................................... 26 6.21 Installments.................................................................................................................... 26 6.22 Requestor Responsibility................................................................................................ 27 6.23 Order of Processing Requests........................................................................................ 27 6.24 Allocating Specific Amounts of Time and Resources ................................................... 28 6.25 Multiple Requests by the Same Requestor..................................................................... 28 6.26 Requests Log.................................................................................................................. 28 6.27 Preservation of Request Clarifications and Search Efforts ............................................ 29 7.0 Records Retention Required.............................................................................................. 29 7.1 Retention of Public Records Request Records............................................................... 29 7.2 Records in Request Files that Must Be Maintained....................................................... 29 7.3 Archiving and Destruction of Public Records Request Records .................................... 29 8.0 Compliance with Best Practices Annual Reporting Requirements .................................... 29 9.0 Administrative Review...................................................................................................... 30 9.1 No Final Decision Until Review Under this Section ..................................................... 30 9.2 Petition for Review......................................................................................................... 30 9.3 Deadline for to Affirm or Reverse, After Petition for Review ....................................... 30 9.4 Effect of Reversal Based on Petition for Review........................................................... 30 9.5 Final Decision, If Affirmed............................................................................................ 30 10.0 Costs for Public Records.................................................................................................... 31 10.1 Inspection Only.............................................................................................................. 31 10.2 Records Already on Jefferson County Website............................................................. 31 10.3 Statutory Basis................................................................................................................ 31 10.4 Calculation of Costs....................................................................................................... 31 10.5 Cost Schedule................................................................................................................. 33 10.6 Deposit...........................................................................................................................33 10.7 Failure to Fulfill Payment Requirements....................................................................... 33 11.0 Limitations......................................................................................................................... 33 11.1 No Additional Legal Rights........................................................................................... 33 f! Jefferson County Public Records Act Compliance Policy Page 5 of 36 11.2 Statutory Requirements and Best Practices.................................................................... 34 11.3 No Additional Duty That is Not Already Imposed by Law........................................... 34 11.4 No Basis for Liability..................................................................................................... 34 12.0 Amendments and Corrections............................................................................................ 34 13.0 Severability........................................................................................................................ 34 14.0 References..........................................................................................................................35 Proposed Public Records Request Cost Schedule: ....................................................................... 36 Jefferson County Public Records Act Compliance Policy Page 6 of 36 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chanter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. 2.0 Definitions The following definitions apply to this Policy: 2.1 Backup Records Liaison: "Backup Records Liaison" means the person in each department designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. 2.2 Bot Reguest: "Bot request" means a request for records that Jefferson County reasonably believes was automatically generated by a computer program or a script.' 2.3 Business Day: "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. 2.4 Chief Civil Deputy Prosecuting Attorney: "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. Court records are exempt from the Public Records Act and are subject to release directly through the Courts under the Washington Courts' General Rule 31 and General Rule 31.1. 1 See RCW 42.56.080(3). Jefferson County Public Records Act Compliance Policy Pae 7 of 36 ,. g 2.6 Customized Electronic Access Service: Z "Customized electronic access service" means the use of information technology expertise to prepare data extracts or compilations, or provide other customized electronic information access when the compilations or customized electronic access documents are not prepared and used by Jefferson County in its normal course of business. 2.7 Exempt Record: "Exempt record" means records or portions of records that are exempt from public disclosure. Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42.56.070 or in case law. Exemption from disclosure of a portion of a record does not automatically exempt the remainder of the record from disclosure. Exempt portions of records may be subject to redaction. 2.8 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. 2.9 Final, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confirming that Jefferson County does not intend to provide any further response to the records request. 2.10 Fullest Assistance. "Fullest assistance" means Jefferson County's obligation to provide fullest assistance to all requesters, consistent with and as limited by RCW 46.56. 100 and WAC 44-14-04003. Jefferson County shall devote sufficient staff time to processing records requests, consistent with the Public Record Act's requirement that fulfilling requests should not be an excessive interference with an agency's other essential operations. Fullest assistance does not require Jefferson County to ignore or modify its internal business processes for responding to public records requests or to comply with aspects of a request. Fullest assistance also does not mean that Jefferson County must agree to a request from one requester if doing so may detrimentally affect Jefferson County's ability to provide fullest assistance to z See RCW 42.56.120(3)(a). t�,nrYi. = = Jefferson County Public Records Act Compliance Policy Page 8 of 36 other requesters, result in damage or disorganization of records, or excessively interfere with essential agency functions. 2.11 Human Resources: "Human Resources" means the Human Resources Officer. 2.12 Jefferson County: "Jefferson County" means Jefferson County, Washington. Jefferson County is a general-purpose governmental entity that provides a range of municipal services allowed by statute or charter. These services include, but are not limited to police, emergency management, public health, vehicle licensing, voter registration, property assessments, facilities maintenance, street maintenance, solid waste (recycling), building permitting, planning, and zoning, parks and recreation, adult, and juvenile court, prosecuting and general administrative services. 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. 2.14 Person in Interest: "Person in Interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is a minor, or under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.3 2.15 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.16 Public Records Liaison and Records Liaison: "Public Records Liaison" and "Records Liaison" mean the person or persons designated by an elected official or department director to accept, track by log, and arrange for fulfillment of requests for disclosure of records within a Jefferson County department 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. s See RCW 42.56.010(2). Jefferson County Public Records Act Compliance Policy Page 9 of 36 2.18 Record: "Record" means "public record" as defined in RCW 42.56.010, namely any identifiable record containing "written information" as defined in Section 2.21 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. 2.18.1 This definition does not include records that are not otherwise required to be retained by Jefferson County and are held by volunteers who: 2.18.1.1 Do not serve in an administrative capacity; 2.18.1.2 Have not been appointed by Jefferson County to an agency board, commission, or internship; and, 2.18.1.3 Do not have a supervisory role or delegated Jefferson County authority.' 2.18.2 Written information created or received by employees using non -county devices only meet the definition of record if the written information relates to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by Jefferson County.6 2.19 Record holder: "Record holder" means the department or staff having custody of a record. 2.20 Request: "Request" means a request made to Jefferson County pursuant to the Public Records Act for disclosure of records. Requests for records made pursuant to other statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. 2.21 Requestor: "Requester" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of doubt, reference to a section includes a reference to every subsection in that section 4 See RCW 42.56.080(1). s See RCW 42.56.010(3). ' See WAC 44-14-010. Jefferson County Public Records Act Compliance Policy Page 10 of 36 but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff: "Staff' means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. For the avoidance of doubt, electronic data, including email, that meet this definition shall be considered written information. 3.0 Policy 3.1 Public Records Act Compliance. 3.1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, Chapter 42.56 RC W. 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records in Jefferson County's custody that state law or court rule do not exempt or prohibit from disclosure. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate safeguards for information exempted from or prohibited from disclosure by federal or state law. 7 See RCW 42.56.010(3) and (4). Jefferson County Public Records Act Compliance Policy Page 11 of 36 3.2 Applicability, 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56.240(14, or any other statute which exempts or prohibits disclosure of specific information or records to requestors. 3.4 Records Are Property of Jefferson County. Records maintained by Jefferson County are and remain the property of Jefferson County. 3.5 Use of Available Electronic Resources Encourased. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public records as provided in RCW 42.56.070(4) based on the following findings: 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. t\ll\ (If Jefferson County Public Records Act Compliance Policy Page 12 of 36 3.6.2 Jefferson County is comprised of 15 separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with Chanter 42.56 RCW; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; t�;nv roe. Jefferson County Public Records Act Compliance Policy Page 13 of 36 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure; 4.1.5.10 Maintain the required information and comply with the best practices annual reporting requirements contained in Chapter 40.14 RCW;8 and, 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under Chapter 40.14 RCW.9 4.2 Chief Civil Deputy Prosecuting Attorney. 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. a See Chapter 40.14 RCW. 9 See Chapter 40.14 RCW. Jefferson County Public Records Act Compliance Policy Page 14 of 36 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. 4.3 Records Liaisons and Backup Records Liaisons. 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. 4.3.3 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs of official requests fulfilled by the department. 4.3.4 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RCW 40.14.026 4.4 Trainin and nd Updates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. Jefferson County Public Records Act Compliance Policy Page 15 of 36 5.0 Public Records Requests 5.1 Format of Requests. 5.1.1 No official format is required for making a records request." 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. 10 See RCW 42.56.080(2). = Jefferson County Public Records Act Compliance Policy Page 16 of 36 5.3 Lists of Individuals. 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request that is one of multiple requests from the requestor within a twenty -four-hour period, if responding to the multiple requests would cause excessive interference with other essential operations of Jefferson County." 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request 6.1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chapter 40.14 RCW. 12 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the supervisor or Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of their department supervisor or Records Liaison. " See RCW 42.56.080(3). 12 See Chapter 40.14 RCW. Jefferson County Public Records Act Compliance Policy Page 17 of 36 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. 6.2 Requests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records. 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under Chapter 42.56 RCW or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. 13 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in Section 6.4.3. 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chapter 40.14 RCW. 14 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial reponse to the records request is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. 6.3.3 Jefferson County shall honor requests for identifiable records that are received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in person. 15 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest response. Requests may be fulfilled in the order of receipt, so long as easily 13 See RCW 42.56.080(1). 14 See Chapter 40.14 RCW. 15 See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 18 of 36 fulfilled requests are not postponed behind larger or more complicated requests, strictly because they were received later. 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Types of Five (5) Dgy Responses. The initial response to the requestor shall be made in writing within five (5) business days of receipt of a request, shall acknowledge receipt of the request, and may take one of the following types: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 Direction to Online Documents: 6.4.2.1 If the records requested are available via Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer. 16 6.4.3 Clarification of Requests: 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification, and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified." 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When a requestor agrees to narrow a request, nothing prevents the 16 Required by RCW 42.56.520(1)(b). 17 See RCW 42.56.520(1)(d). �ao� rr4. Jefferson County Public Records Act Compliance Policy Page 19 of 36 r , requestor from later expanding the request back to its original scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County should advise the requestor that if the requestor fails to provide clarification as requested within 30 days the request will be considered closed. 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear." 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, definitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of 18 See RCW 42.56.520(3)(b). ian. �. Jefferson County Public Records Act Compliance Policy Page 20 of 36 �^ the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6.4.7.2 If there is any question as to whether records or portions of records subject to a request are exempt from disclosure, the Records Liaison shall consult the Prosecuting Attorney's Office or Public Records Officer, who may inspect the subject records before authorizing the disclosure. 6.4.7.3 A written statement of the specific reasons for the denial must accompany any denial of a records request.19 Any denial should inform the requestor that it is the final, definitive response. 6.5 Final, Definitive Response. Records Liaisons shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically 19 See RCW 42.56.520(4). Jefferson County Public Records Act Compliance Policy Page 21 of 36 feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations.20 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requestor for clarification or refinement of the request, as discussed in Section 6.4.3. 6.11 No Requirement to Create New Records to Respond to A Records Request. 6.11.1 Records Liaisons and staff are not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive to a request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise 20 See WAC 44-14-01002. ' Jefferson County Public Records Act Compliance Policy Page 22 of 36 interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor in response to a voluminous or frequently occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy. 21 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 6.14.1.1 The requested records are easily accessible to staff; 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and, 6.14.1.3 The request is not for records that are subject to withholding or redaction due to disclosure exemptions or confidentiality considerations. 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requestor, if provided, the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. 21 RCW 42.56.120(4) Jefferson County Public Records Act Compliance Policy Page 23 of 36 6.15 Exemptions from Disclosure. 6.15.1 Requested records may be subject to exemption from disclosure under the Public Records Act or other statutes. 6.15.2 Some records may contain specific content that is exempt from disclosure. The presence of exempt information does not necessarily exempt an entire record from disclosure. 6.15.3 Common exemptions are listed in Section 6.18.1. 6.16 Withholding or Redacting Records Based on Exemptions. 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RC 42.56.210. 6.16.2 Record holders and/or departments are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Record holders and/or departments are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from disclosure, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing the disclosure. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210, the requestor shall be informed in writing of the reason and be provided the statutory citation supporting the exemption. 6.17 Exemption Low 6.17.1 An exemption log shall be prepared for the requestor listing the information withheld and the statutory basis for each redaction or record withheld. 6.17.2 Individual occurrences of the same redaction may be listed generally in the exemption log. For example, an exemption log need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. Jefferson County Public Records Act Compliance Policy Page 24 of 36 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that disclosure would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the extent production would violate their right to privacy RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non -disclosure is essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(1)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (5)); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County ct�cn� rry`. ' Jefferson County Public Records Act Compliance Policy Page 25 of 36 within five years of the request for disclosure when disclosure would produce private gain and public loss (RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to assert any exemptions permitted by law when Jefferson County determines that such exemption applies, and that non -disclosure serves the public interest. 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. Jefferson County Public Records Act Compliance Policy Page 26 of 36 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff.22 6.20 Electronic Records. 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record.23 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record.za 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an electronic format, and the cost of any physical transmission device provided by Jefferson County. 15 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Public Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 22 See WAC 44-12-01022. 23 See RCW 42.56.120(1). 24 See RCW 42.56.120(1). 21 See RCW 42.56.070(7). Jefferson County Public Records Act Compliance Policy Page 27 of 36 6.21.4 The Public Records Officer or designee may attempt to contact the requestor at any time prior to deeming an installment request abandoned. 6.22 Requestor Responsibility. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response should be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee may attempt to confirm whether the requestor still wants the requested records but is not required to do so. 6.22.4 If a requestor fails to claim or arrange for inspection of requested records after the expiration of the period to inspect or claim copies of requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 0) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. Jefferson County Public Records Act Compliance Policy Page 28 of 36 6.24 Allocating Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Re uestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 Staff is not required to work on an additional request from the same requestor who has an open previous request until the initial requests are completed and closed. 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 6.26 Requests Log. 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimum: 26 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; 6.26.1.3 The text of the original request; 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 6.26.1.6 Date of final disposition of the request. 21 See Chapter 40.14 RCW. Jefferson County Public Records Act Compliance Policy Page 29 of 36 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under Chapter 40.14 RCW, and shall be a record subject to disclosure under chapter 42.56 RC W.27 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Request Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the unredacted records for the request file. 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. 7.3 Archiving and Destruction of Public Records Request Records. Within the time required by the Washington State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.026.28 21 See Chapter 40.14 RCW. 28 See Chapter 40.14 RCW. ' Jefferson County Public Records Act Compliance Policy Page 30 of 36 t--- JJ 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. 9.2 Petition for Review. Any person who objects to any action described in Section 9.1, may petition for prompt review of such action by submitting a written petition for review to the Chief Civil Deputy Prosecuting Attorney and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse, After Petition for Review. The Chief Civil Deputy Prosecuting Attorney shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Chief Civil Deputy Prosecuting Attorney affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Chief Civil Deputy Prosecuting Attorney has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. Jefferson County Public Records Act Compliance Policy 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No. requirements of Jefferson County Ordinance No. of convenience. 10.1 Inspection Only. There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. Page 31 of 36 The are repeated below for purposes Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means.29 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RCW 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule.so Jefferson County will charge the actual cost for the following: 10.4.1 Digital storage media or device provided by Jefferson County;31 10.4.2 Containers or envelopes used to mail copies to the requestor;32 10.4.3 Any postage or delivery charge;33 29 See RCW 42.56.120(2)(e). 30 See RCW 42.56.120(2)(b). 31 See RCW 42.56.120(2)(b)(v). 32 See RCW 42.56.120(2)(b)(v). 33 See RCW 42.56.120(2)(b)(v). Jefferson County Public Records Act Compliance Policy Page 32 of 36 10.4.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and, 10.4.5.2 Provides the requestor an opportunity, to amend the request to avoid or reduce the cost of the outside vendor. 10.4.6 A Customized Electronic Access Service Charge, if Jefferson County: 10.4.6.1 Estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes;" 10.4.6.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge;35 and, 10.4.6.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge.36 34 See RCW 42.56.120(3)(a). ss See RCW 42.56.120(3)(b). 36 See RCW 42.56.120(3)(b). y()\ Jefferson County Public Records Act Compliance Policy Page 33 of 36 10.4.7 Charges may be combined if more than one type of charge applies to copies produced in response to a request.37 10.4.8 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request. 18 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, 39 may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11.0 Limitations 11.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 37 See RCW 42.56.120(2)(c). 38 See RCW 42.56.120(4). 39 See RCW 42.56.120(4). s� rrJ Jefferson County Public Records Act Compliance Policy Page 34 of 36 H. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 11.2.2 This Policy includes both statutory requirements and best practices. 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Duty That is Not Already Imposed by Law. No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. f Jefferson County Public Records Act Compliance Policy Page 35 of 36 14.0 References Chanter 42.56.RCW Chapter 40.14 RC W Chapter 82.12 RC W Chapter 44-14 WAC Chapter 434-615 WAC Washington State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of , 2017. Jefferson County Public Records Act Compliance Policy Page 36 of 36 Proposed Public Records Request Cost Schedule: Public Records Request Cost SchedUle40 Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. attachment 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130. the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. 40 See RCW 42.56.120(2). ATTACHMENT FOUR TO AGENDA REQUEST STATE OF WASHINGTON County of Jefferson In the Matter of Updating the Jefferson) County Public Records Compliance Policy) RESOLUTION NO. Identified as Attachment "A" to this) Resolution ) 1. Whereas, Chapter 42.56 RCW, the Washington Public Records Act requires that public agencies publish rules to provide public access to public records; and, 2. Whereas, in furtherance of the requirements of Chapter 42.56 RCW, Jefferson County adopted Resolution 39-06 on June 27, 2006 to govern the response to requests for public records in all Jefferson County departments and offices; and, 3. Whereas, effective July 23, 2017, the Washington Legislature amended Chapter 42.56 RCW, the Public Records Act, and Chapter 40.14 RCW, the Preservation and Destruction of Public Records Act, requiring that the Jefferson County Public Records Access Policy be updated to incorporate the changes made by the Washington Legislature. 4. Now, therefore, the County Commissioners of Jefferson County resolve that, after consulting the advisory model rules for establishing local ordinances for compliance with Chapter 42.56 RCW, the JEFFERSON COUNTY PUBLIC RECORDS COMPLIANCE POLICY is hereby adopted as stated in ATTACHMENT "A" to this Resolution. 5. Be it further resolved that Resolution 39-06, along with its attachments, is repealed and replaced by adoption of this Resolution. 6. This Resolution is effective immediately upon adoption. 7. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this resolution. (SIGNATURES FOLLOW ON NEXT PAGE) ATTEST: APPROVED and ADOPTED this day of , 2018. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 2 ATTACHMENT FIVE TO AGENDA REQUEST STATE OF WASHINGTON County of Jefferson In the Matter of Establishing the Jefferson) Public Records Request Cost Schedule) ORDINANCE NO. Identified as Attachment "A" to this) Ordinance ) 1.0 Purpose: 1.1 Chapter 42.56 RCW, the Washington Public Records Act, requires that public agencies publish rules to provide public access to public records; and, 1.2 Effective July 23, 2017, the Washington Legislature amended the Public Records Act, changing the costs which may be charged for providing records under the Public Records Act; and, 1.3 This ordinance is to authorize Jefferson County to charge fees for the provision of responsive records, in accordance with RCW 42.56.120. 2.0 Costs for Public Records: 2.1 Inspection Only. There is no charge for inspection of records. 2.2 Records Already on Jefferson County Website. Jefferson County will not charge costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means. 2.3 Statutory Basis. Costs for the provision of responsive records shall be in accordance with RCW 42.56.120. Jefferson County hereby adopts by reference RCW 42.56.120, as presently enacted or as may be amended in the future. 2.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, in order to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule. Jefferson County will charge actual costs for the following: 2.4.1 Digital storage media or device provided by Jefferson County; 2.4.2 Containers or envelopes used to mail copies to the requestor; 2.4.3 Any postage or delivery charge; 2.4.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 2.4.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 2.4.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and, 2.4.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 2.4.6 A Customized Electronic Access Service Charge, if Jefferson County: 2.4.6.1 Estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by customized electronic access services are not used by Jefferson County for its other purposes; 2.4.6.2 Notifies the requ Service Charge 1 explanation of w specific expertise charge; and, 2 ;stor of the Customized Electronic Access be applied to the request, including an iy the charge applies, a description of the required, and a reasonable estimate of the 2.4.6.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge. 2.4.7 Charges may be combined if more than one type of charge applies to copies produced in response to a request. 2.4.8 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request. 2.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by this Ordinance is in Appendix A of this Ordinance. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules and shall be updated administratively by the Clerk of the Board to incorporate changes in the costs in RCW 42.56.120., as presently enacted or as may be amended in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-1209-96. 2.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 2.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. The Public Records Officer or designee shall make a reasonable attempt to contact the requestor prior to deeming a request abandoned and closed. 2.8 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. 3 2.9 Effective Date This ordinance is effective immediately upon adoption. SEAL: ATTEST: APPROVED and ADOPTED this day of 12018. JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kathleen Kler, Member Carolyn Gallaway Kate Dean, Member Deputy Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 4 ATTACHMENT A to Ordinance No. (Current Cost Schedule, Subject to Change Pursuant to RCW 42.56.120) Public Records Request Cost Schedule: Public Records Request Cost Schedule Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requestor, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or electronic files or other means of electronic delivery. attachments 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130. the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. CO- f-�oc'C 31W 118 jeffbocc From: Philip Hunsucker Sent: Wednesday, March 14, 2018 9:16 AM REARING To. jeffbocc "F. Cc: Leslie Locke; Philip Morley; Ken Hugoniot Subject: FW: Comments on JCPRACP Section 9.1 Please include these in the comments on the Proposed Public Records Act Compliance Policy. Thanks. Philip Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office P.O. Box 1220, Port Townsend, WA 98368 Ph: 360-385-9180 Fax: 360-385-0073 All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Philip Hunsucker Sent: Friday, February 09, 2018 3:51 PM To: Philip Morley <pmorley@co.jefferson.wa.us>; Ken Hugoniot <KHugoniot@co.jefferson.wa.us> Subject: FW: Comments on JCPRACP Section 9.1 From: Philip Hunsucker Sent: Friday, February 09, 2018 3:51 PM To: 'Mike Belenski'<openupthegovernment98368@gmail.com> Subject: RE: Comments on JCPRACP Section 9.1 Mr. Belenski: Thanks for your thoughtful comments. We will carefully consider them during the comment period and may make changes in light of them. Philip Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office P.O. Box 1220, Port Townsend, WA 98368 Ph: 360-385-9180 Fax: 360-385-0073 All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. 1 From: Mike Belenski[mailto:openupthegovernment98368@gmail.com] Sent: Friday, February 09, 2018 2:55 PM To: Philip Hunsucker <PHunsucker@co.iefferson.wa.us> Cc: openupthegovernment98368@gmail.com Subject: Comments on JCPRACP Section 9.1 Mr. Hunsucker, This email addresses the content of Section 9.1 of the proposed JCPRACP. Section 9.1 states in part: No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. My reading of case law is that shall is a mandatory term. The Public Records Act (PRA), RCW 42.56 has no provisions for this mandatory review by any Agency's legal staff, such as the Jefferson County Prosecuting Attorney's Office (JCPAO), prior to the initiation of a lawsuit involving public records. RCW 42.56.530 states in part: Whenever a state agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request the attorney general to review the matter. The attorney general shall provide the person with his or her written opinion on whether the record is exempt. This statute uses the term may which I conclude, after reading case law, is a discretionary term. i.e., the requestor can choose whether or not he / she wants attorney general review. The JCPRACP has a similar provision in Section 9.2 which states in part: Any person who objects to any action described in Section 9. 1, may petition for prompt review of such action by submitting a written petition for review to the Chief Civil Deputy Prosecuting Attorney and the Public Records Officer. So it is somewhat confusing, in Section 9.2 a requestor may petition for prompt review of any action described in Section 9.1, but 9.1 requires the administrative remedies set out in Section 9.o to be exhausted before a lawsuit can be brought. It is clear that the PRA makes no distinction between an "initial denial" and a "final denial", RCW 42.56.550(1) states: Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records. The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records. My reading of RCW 42.56.550(1) and relevant case law, is that as soon as the opportunity to inspect or copy a record has been denied, the requestor can file a lawsuit. It appears that Jefferson County is trying to create an atmosphere where requestors might fear the involvement of the JCPAO and subsequently abandon their requests. I would also argue that Jefferson County's "initial denial" and a "final denial" scheme fails to liberally construe the PRA (RCW 42.56.030) to promote the purpose of the PRA, and fails to provide the fullest assistance and most timely possible action on requests (RCW 42.56.100). Further, Section 6.4.3.5 of the JCPRACP states: If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fu fillment. Staff may also consult with the Public Records Officer or designee on such requests. Why not also include text in the above section stating that all the reasons (a, b, c and d) found in Section 9.1 of the JCPRACP, shall be subject to review by the JCPAO prior to responding or denying all or part of a Request? I think this would ensure a more competent and thorough review of a Request. Respectfully, Mike Belenski ec: wcc311q 113, jeffbocc From: Philip Hunsucker Sent: Wednesday, March 14, 2018 9:55 AM To: jeffbocc RE s IG Cc: Leslie Locke; Philip Morley; Ken Hugoniot Subject: Comments to Proposed Public Records Act Compliance Policy Please include Mr. Belenski's comments reflected in the second portion of the my email below in the comments on the Proposed Public Records Act Compliance Policy. In addition, Mr. Belenski provided the following comments that should be included: 1. Public records requests should be sent to every department in the County for a determination of whether responsive records exist. 2. At a minimum, requestors should be advised as to what departments their public records requests have been sent. 3. Logs detailing information that is not being produced pursuant to an exemption should be written in terms sufficient for the requestor or a court to figure out the basis for non -production. 4. For an attorney's fee invoices subject of a public records request, RCW 42.56.904 states, in part: "It is further the intent of the legislature that specific descriptions of work performed be redacted only if they would reveal an attorney's mental impressions, actual legal advice, theories, or opinions, or are otherwise exempt under chapter 391, Laws of 2007 or other laws, with the burden upon the public entity to justify each redaction and narrowly construe any exception to full disclosure." A log detailing information that is not being produced should state the precise exemption listed in RCW 42.56.904 which is being used to withhold production, i.e., attorney's mental impressions, actual legal advice, theories, or opinions, or are otherwise exempt under chapter 391, Laws of 2007 or other laws. 5. A lawyer should review all denials of a public record request before the denial is sent to the requestor. 6. Care should be taken to ensure that a response to a public records request that is resubmitted is responded to according to the current state of the law, as the law sometimes changes. 7. Simply producing requested records is the best way to eliminate County liability and penalty awards by a court. Thanks. Philip Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney Jefferson County Prosecuting Attorney's Office P.O. Box 1220, Port Townsend, WA 98368 Ph: 360-385-9180 Fax: 360-38S-0073 All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Philip Hunsucker Sent: Tuesday, February 06, 2018 1:48 PM To:'Mike Belenski' <openupthegovernment98368@gmail.com> Cc: Laura Mikelson <Imikelson@co.jefferson.wa.us> Subject: RE: Court Cases mentioned by Mike Belenski Mr. Belenski: Thanks for these cases. I will take a look. On the redacted records questions: We located an unredacted copy of the bill yesterday. I can't tell you where Cammy searched for records because she is no longer employed here. We looked in our paper copy of the file for your public records request to see if it would shed light on the question but it wasn't any help. All we know for sure Cammy's search turned up the records she sent you. Laura, our Civil Department Legal Assistant, obtained the unredacted bills from the auditor's office yesterday. So my best guess is that is where Cammy got the records too. We will have a response to you by the end of next week on the redactions themselves, possibly before that. On the draft Public Records Act Compliance Policy: • Thanks for pointing out the issues in Sections 6.15, 6.4.2.2 and 9.1. I agree with your comment on 6.15 that "from disclosure" should be changed to "from production." Your point being: The public should know if a record exists, so they can challenge the exemption used as a basis for not providing them. This would require changes in "exemption from disclosure" in 6.15.1 and in "exempt from disclosure" in 6.15.2. We also will do a search of the whole draft document and make similar changes, if necessary. I haven't looked at 6.4.2.2 or 9.1 yet, but be assured we will address your comments in the revision process. If you have other specific comments on the draft document, please send them to us. As I said at the BoCC session on Monday, we need public comments to improve the quality of the draft. • The BoCC likely will be revisiting a formal public comment period for the draft document on Monday. If a public comment period is set, we do not plan to make changes to the draft document until all the public comments are received. However, when we do the revisions, you can expect 6.15 to be changed per your suggestion. Philip Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney S (Nil Jefferson County Prosecuting Attorney's Office P.O. Box 1220, Port Townsend, WA 98368 Ph: 360-385-9180 Fax: 360-385-0073 All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy (or for inspection) of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Mike Belenski [mailto:openupthegovernment98368@gmail.com] Sent: Tuesday, February 06, 2018 11:04 AM To: Philip Hunsucker <PHunsucker@co.iefferson.wa.us> Cc: openupthegovernment98368@gmail.com Subject: Court Cases mentioned by Mike Belenski Mr. Hunsucker, During my conversation with you yesterday I mentioned two court cases (Sanders v. State, and Yakima County v. Yakima Herald) and want to make sure you have the correct cases. The Sanders v. State case is 169 Wn.2d 827 (2010) and have attached the page from the Opinion where the Court discusses "Disclosure" v. "Production" of records. The other case is Yakima County v. Yakima Herald -Republic, 170 Wn.2d 775 (2011). It discusses attorney bills held by a Court and attorney bills not held by a Court, and the reach of RCW 42.56.904. As an aside, it also looks like the Court mistakenly used the term "disclosure" in a few places when they meant "production". Respectfully, Mike Belenski NEARING PFCORD From: `-Tom Thiersch <thiersch-public@usregs.com> Sent: Friday, March 16, 2018 4:10 PM To: Philip Morley Cc: jeffbocc; Mark McCauley; Ken Hugoniot; Philip Hunsucker Subject: FOR THE HEARING RECORD RE: PRA Model Rules have been updated Mr. Morley, " input to improve the draft Policy" I cannot imagine any way by which that draft policy can "improved" — it needs to be discarded, never to again see the light of day, and replaced with a compact and manageable Ordinance that won't get the county sued. As I have now pointed out several times, the Model Rules can be adopted with exception and with extensions. When there is a fill -in -the -blanks situation, the locally adopted Policy simply states for example, that [name of agency] is "Jefferson County". Where there are two options, the local Policy simply states which is chosen by the agency. Regarding fees, here's how the Attorney General does it: http://ag portal- s3bucket.s3.amazonaws.com/uploadedfiles/Another/About the Office/Open Government/Public Records/103 P%20and%20attach. pdf WAC 44-06-092 Copying fees --Payments. (1) The following copy fees and payment procedures apply to requests to the office under chapter 42.56. (2) Pursuant to RCW 42.56.120(2)(b), the office is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons: (i) The office does not have the resources to conduct a study to determine all its actual copying costs; (ii) to conduct such a study would interfere with other essential agency functions; and (iii) through the 2017 legislative process, the public and requesters have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120(2)(b) and (c), (3) and (4). (3) The office will charge for copies of records pursuant to the default fees in RCW 42.56.120(2)(b) and (c). The office will charge for customized services pursuant to 42.56.120(3). Under RCW 42.56.130, the office may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The office may enter into an alternative fee agreement with a requester under RCW 42.56.120(4). The charges for copying methods used by the office are summarized in the fee schedule available on the office's website at www.atg.wa.gov. You will note that the AGO fee schedule is simply published by reference and by rule, not by a nearly immutable law. As for the county's 2006 JCRAP regarding electronic records, note: "6.6 Digital Data to be Released ... The Public Disclosure Act [the parts now recodified as the Public Records Act] will govern any costs that might be charged to a citizen for the disclosure of digital data." "6.24 Some public records have copy charges established by state law statues [sic] and said records are exempt from the fee provisions of this policy. Other such statutes include the following non exhaustive list ..." i.e., There is nothing in the JCRAP that precludes the county for charging for electronic records (as terrible an idea as that is). The approach you have taken in this new policy by which you've copied parts (but only selective parts) of the RCWs into your new Ordinance is unnecessarily risky. And the idea that you can choose to redefine words of the PRA, such as what a "Record" is, is simply absurd. When the PRA is changed in the future, but language in the County Ordinance is not changed at exactly the same time, someone will very likely be misled, and the resulting chaos will almost inevitably lead to litigation. You could have achieved all of what is required by the PRA with a very simple streamlined Ordinance plus an administrative policy; you have, instead, chosen to do this the hard way, and county taxpayers will — once again — have to pick up the tab for that poor choice. Tom Thiersch Member, Washington Coalition for Open Government ==== [RCW 42.30.010 Open Public Meetings Act] ==== ==== [RCW 42.56.030 Public Records Act] "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created." ` SAVE PAPER - Please do not print this e-mail unless absolutely necessary. From: Philip Morley <pmorley@co.jefferson.wa.us> Sent: Friday, March 16, 2018 12:56 PM To: Tom Thiersch (thiersch-public@usregs.com) <thiersch-public@usregs.com> Cc: jeffbocc <jeffbocc@co.jefferson.wa.us>; Mark McCauley <MMcCauley@co.jefferson.wa.us>; Ken Hugoniot <KHugoniot@co.jefferson.wa.us>; Philip Hunsucker <PHunsucker@co.jefferson.wa.us> Subject: FW: PRA Model Rules have been updated Dear Mr. Thiersch, Thank you for your emails. I asked staff to evaluate your idea about adopting the state's Model Rules by reference, which could be an elegant approach. After evaluating it, reviewing the requirements of local governments under the law, and even consulting with the Attorney General's Office, we concluded that it would not be feasible. In addition, we conclude that adopting our own County policy provides clearer direction for staff and better transparency for the public we serve. Here are some of the reasons for our conclusion: WAC 44-14-020 instructs agencies to fill in agency contact information. Likewise, WAC 44-14-130 requires filling in the agency's business hours. If we adopt the Model Rules by reference, we will be adopting essentially blank provisions. • Some parts of the Model Rules require a choice between two listed options. See WAC 44-14-070. We have to pick an option—we can't just adopt both options. If we adopt the Model Rules by reference, we would not be picking an option. This would create confusion by having to look at both the County policy and the Model Rules at the same time. The Model Rules do not have a fee schedule and only advise that one may be adopted. See WAC -14-07001(4) and (10). If we adopt the Model Rules by reference, we would not be adopting a specific fee schedule. • Some provisions of the Model Rules apply only to state agencies, not to counties. See WAC 44-14-08002. We cannot adopt inapplicable rules by reference. A good portion of the County's draft policy is included to satisfy the requirements in RCW 42.56.040, which states: Duty to publish procedures. (1) Each state agency shall separately state and currently publish in the Washington Administrative Code and each local agency shall prominently display and make available for inspection and copying at the central office of such local agency, for guidance of the public: (a) Descriptions of its central and field organization and the established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of agency decisions; (b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available; (c) Rules of procedure; (d) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (e) Each amendment or revision to, or repeal of any of the foregoing. (2) Except to the extent that he or she has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published or displayed and not so published or displayed. Details of how the County actually satisfies RCW 42.56.040 are not be covered in the Model Rules. For example, the County's system of records liaisons is not covered by the Model Rules. Lastly, your appreciation for our (current) 2006 policy is appreciated. However, 2006 policy does not reflect the 2017 changes in the PRA. For example, the 2006 policy doesn't allow charging for electronic records or requesting clarification in a 5 -day letter. Once again, thank you for your suggestion regarding the Model Rules which we have looked into and concluded is not the best route to go. I hope you will continue to provide input to improve the draft Policy that is subject of next Monday's public hearing. Respectfully, Philip Philip Morley Jefferson County Administrator pmorlev@co.iefferson.wa.us (360) 385-9100 x-383 This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW 42.56. Additionally, all email to and from the county is captured and archived by Information Services. From: Tom Thiersch [mailto:thiersch-public@usregs.com] Sent: Monday, March 05, 2018 3:22 PM To: jeffbocc <jeffbocc@co.iefferson.wa.us>; Philip Morley <pmorlev@co.iefferson.wa.us> Subject: PRA Model Rules have been updated Commissioners, Mr. Morley: On Friday, March 2, 2018, the Washington State Attorney General filed the FINAL rulemaking notice regarding the now -revised Model Rules for the Public Records Act: "Purpose: The Office of the Attorney General is amending several advisory Public Records Act (PRA) Model Rules (Model Rules) in chapter 44-14 WAC, and is repealing one advisory Model Rule (WAC 44-14-07003). The purpose is to update the Model Rules to reflect developments in statutes, case law and technology since the rules were last revised in 2007." See: http:Hagportal- s3bucket.s3.amazonaws.com/uploadedfiles/Another/About the Office/Open Govern ment/CR-103P.pdf (copy attached) The new Model Rules will become effective April 2, 2018. These revised Rules clearly show why Jefferson County should: (1) Cancel the public hearing scheduled for March 19 regarding the proposed new Public Records Policy ("JCPRACP") and (2) Craft a new, greatly simplified JCPRACP in the manner that I previously suggested in my email to the BoCC on February 6 ("Model Rules recommendation" — see below): a. Adopt the Model Rules by reference; b. Take exception to the Model Rules only where necessary to meet the County's specific, unique, needs. (3) Craft and adopt local administrative procedures (but not codified by Ordinance) a. to ensure that the County complies with the Rules as adopted and amended and b. to give the County greater flexibility as it learns how to better process Public Records Requests as both personnel and technologies change over time. If you review the attached Line-in/Line-out updated Model Rules, and verify against my recommendation from February 6, you will note that my specific recommendations still apply (i.e., there can be no more clear demonstration of the power of adopting by reference — when a Rule changes, in nearly all cases the County does not have issue a new Ordinance just to keep up with the changes.) I am certain that if you review the new Model Rules and ask yourself, section by section, "How does this Rule not apply to the way that Jefferson County should be handling Public Records Requests?", I think you will find that the answer is, with the few exceptions I've identified, "It does apply." (If you find that reading the line -in -out version is difficult, I'm sure someone in the AG's office can send you a clean copy.) Thank you, Tom Thiersch Member, Washington Coalition for Open Government ==== [RCW 42.30.010 Open Public Meetings Act] ==== ==== [RCW 42.56.030 Public Records Act] "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created." ` SAVE PAPER - Please do not print this e-mail unless absolutely necessary. February 6, 2018 Commissioners, Mr. Morley: As I stated in my Public Comments on Monday, February 5, 1 believe that the "Jefferson County Public Records Act Compliance Policy" (JCPRACP), as proposed, is an unwise means for the county to achieve and maintain compliance with the Public Records Act, RCW 42.56 (the Act). Rather than picking apart the numerous issues I have found in the JCPRACP, I'm repeating my recommendation that: Jefferson County hereby adopts by reference the Public Records Act Model Rules, Chapter 44-14 Washington Administrative Code (WAC), in their entirety, in their current form and as they may be amended in the future, with only the following clarifications and exceptions: 1. Per 44-14-00001, the term "(name of agency)" shall refer to the Jefferson County ("County"), a municipal corporation of the State of Washington. 2. Per 44-14-020, the Public Records Officer for Jefferson County shall be the Clerk of the Board of Commissioners, and the term ("web site address") shall refer to the collection of Internet web pages that are managed and maintained by Jefferson County. 3. Per 44-14-030(1), the County's business hours are 8:30 am to 4:30 pm. 4. Per 44-14-030(2), the County is not required to maintain an all inclusive index of public records and does not do so based on the following findings: a. Maintaining an all inclusive index of public records is unduly burdensome and would interfere with agency operations. b. The County is comprised of numerous separate departments, divisions and subdivisions many of which are located in facilities in various locations throughout the county. c. Departments and their divisions maintain separate record keeping systems. d. Because the County has records which are diverse complex and store in multiple locations and identified on various record keeping systems, some computerized and some on paper, it is unduly burdensome and physically impossible to maintain a central index of records. e. If any index exists, then such index shall be made available to the public. 5. Per 44-14-030(4)(b), the County's Public Records Officer shall create, maintain and post for public inspection at its offices and on its website: a. An administrative document that states the County's "Waiver of copying charges" policy and describes in detail the charges and methods by which payments for deposits and copies of records may be made per 44-14-07005 / 44-14-07006, and b. An administrative document that summarized the process for making a public records request; c. A "Frequently Asked Questions" (FAQ) document that describes the procedures that Jefferson County will follow to process a request for public records and describes the nature and timing of the responses a requestor will receive. The FAQs must notify the requestor that the Act and the Model Rules, as adopted by the County, are the laws that govern the County's actions with respect to the acceptance and processing of requests for public records, and that the FAQs are provided only for guidance. 6. Per 44-14-060, the County does not claim any "(List other laws)" and shall only claim those Exemptions permitted by the Act The above #5 are my suggestions for ways to inform the public and for keeping the County's practices and methods current (e.g., use of GovQA or its successor) while leaving the Ordinance unchanged by using administrative documents, which can more easily be maintained by staff. This is analogous to the way that the RCW is the "policy" and the WAC is "procedure" by which the law is carried out. Lastly, the ordinance proposed in the last board packet to change the County Fee Schedule is unnecessary because the RCW contains the standard fees authorized by HB 1594/1595 in RCW 42.56.120 -- there's simply no reason to duplicate the standard fees, which is what you were doing. From: Philip Morley Sent: Thursday, May 03, 2018 11:16 AM To: jeffbocc Cc: Ken Hugoniot; Mark McCauley; Philip Hunsucker; David Sullivan; Kate Dean; Kathleen Kler Subject: FW: JCPRACP recommended changes (and why) Attachments: 2018 04 19 JCPRACP - DRAFT - ACCEPT.docx; [Compare Report] 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT PRINTED.pdf; [Compare Report] 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT.pdf; Acrobat Pro 2017 display of Compare Report.jpg; 2018 04 19 JCPRACP - Compare ACCEPT.docx; 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT.pdf; 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT.docx; 2018 04 19 JCPRACP Policy - DRAFT - REDLINE - TT.docx; 2018 04 19 JCPRACP - DRAFT - ACCEPT.pdf; The Civil Ex Post Facto Clause 6-Zoldan-Final.pdf Please log this into our BoCC correspondence log. Philip Philip Morley Jefferson County Administrator pmorley@co.iefferson.wa.us (360) 385-9100 x-383 This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW 42.56. Additionally, all email to and from the county is captured and archived by Information Services. From: Tom Thiersch [mailto:thiersch-public@usregs.com] Sent: Thursday, May 3, 2018 10:48 AM To: Philip Morley <pmorley@co.jefferson.wa.us> Subject: JCPRACP recommended changes (and why) Mr. Morley, Attached are a number of files to allow you to identify the changes that I'm recommending to the proposed JCPRACP. 2018 04 19 JCPRACP - DRAFT - ACCEPT.docx Copy of the .docx that you sent to me, with all track changes accepted to allow comparison with my 77 version. 2018 04 19 JCPRACP - DRAFT - ACCEPT. pdf PDF of the above 2018 04 19 JCPRACP Policy - DRAFT - REDLINE - TT.docx My version, starting from your Draft Redline, with Track Changes on but no changes accepted. 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT.docx Copy of my version, but with all track changes accepted to allow comparison. 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT.pdf PDF of the above 2018 04 19 JCPRACP - Compare ACCEPT.docx Word's comparison report between ACCEPT versions. [Compare Report] 2018 04 19 JCPRACP Policy - DRAFT - Acrobat Pro 2017 Comparison Report ACCEPT - TT.pdf between PDFs of ACCEPT versions [Compare Report] 2018 04 19 JCPRACP Policy - DRAFT - PDF of the above ACCEPT - TT PRINTED.pdf Acrobat Pro 2017 display of Compare Report.jpg Screen cap of Acrobat's comparison display** ** Not knowing what version of Acrobat you'll be using, I included this to show how Acrobat Pro 2017's comparison report looks on my system. I've included a printout of that report, as well as Word's comparisons, to help identify the changes. "Your mileage may vary." EXPLANATION / COMMENTARY JCPRACP recommended changes (and why) Most of the nearly 500 changes listed in the Acrobat comparison report are minor — formatting, consistency of references to RCW, etc. Other changes are more substantive, and I'll try to describe the rationale for them. [ Start at Page 12 of the "[Compare Report] 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT PRINTED.pdf" to follow along. ] 1.0 (why we are doing this). This may be a bit editorial, but I find it useful to remind infrequent requestors that every public agency needs to follow our Sunshine laws. 2.1 The Definitions for terms that are already defined in the PRA (RCW 42.56) are removed from the JCPRACP. The duplication of exiting statutory definitions is unwise because the PRA is a frequently changing statute. *** *** Mr. Hunsucker and I recently spent a great deal of time on the recent changes to the definition of a public record as the Act applies to volunteers (in the context of the Ferry Advisory Committee). The definition in the County's Draft JCPRACP would have reworded the actual statute and would have redefined the application of the act to FAC volunteers in an unanticipated way. It's much safer to just leave the official definitions in the RCW, for this and other reasons. These definitions are only a few of some of the numerous other references to RCWs in the JCPRACP, so having a few more references doesn't add any burden to the anyone's reading of the Policy. 2.6 Added definitions for "Disclosure" and "Production" — most lay people will not understand the difference between disclosure and production. 2.8 Added definition for "explanation of exemptions" 2.12 Removed verbiage not relevant to PRA considerations 2.16 Added case law references 2.18 Simplified, refer to RCW 2.25 Eliminate redundant definition 3.4 Clarifying who actually "owns" public records 4.1 Copy role assignment from existing JCRAP 4.3.2 Added list of departments (using Org Chart from website) — this is referred to in the 6.4 where PRRs are dispatched and the requestor is notified as to exactly which department(s) will be responding 6.1 Clarified the purpose and role of the RL (a dept supervisor should not be the responsible party for tracking PRRs) 6.14.1.3 Much like "privacy", there is no generic "confidentiality" exemption in the PRA. 6.16 Clarifying role of RL 6.22 / 6.25 Ensuring that requestor is notified of actions taken on open PRRs. The draft language that would single -thread requests from an individual requestor is impractical and would not provide the "fullest assistance". 6.4.3.6 Mandatory notification to Requestor that their request is about to be closed. 6.5 The PRO is ultimately responsible, so PRO (not RL) should do this. 6.15.3 Added to reflect actual, current practice of the County 6.16.5 Approval at PRO level is essential for compliance and risk management 6.17.2 Attempting to avoid common misconceptions about what is and is not exempt 6.21.4 Requestor should not have to wait until final installment to get an exemption log (that's what done currently, and it is a major problem for large requests) 6.22.4 Intent was opposite from what was written 6.25.2 Single -threading of requests is not "fullest assistance"! Additional comments on proposed costs (section 10 et al): In the "effective date" clause, making the fees retroactive to all open/pending PRRs is questionable. That provision could be challenged as an "ex post facto" law. While some believe that such laws only apply to criminal matters, there is also an ongoing debate (The Civil Ex Post Facto Clause 6-Zoldan-Final.pdf) that the principle applies to civil matters. How much money would the county stand to gain by this? Is it really worth any of the Prosecutor's time to collect what would be a small sum of money, no matter how many gigabytes might be "pending"? The "per attachment" provision is arbitrary and capricious. Different email client programs present attachments in different ways, so a given email may contain zero to many attachments as a function of the client software's ability to render inline (embedded) graphics in the body of the message, the use of plain text vs HTML vs RTF vs ... The staff time used to count the number of attachments will likely cost more than the 1.25 cents of fee revenue that would be received per attachment. How much fee revenue does the county actually expect to collect from this? It seems to me that in Jefferson County, where fewer than 2 PRRs per day are processed on average, implementing and enforcing these fees — in a fair, non-discriminatory way — is going to cost a lot more in staff time than it is worth. I recommend that fees not be charged for any electronic production; i.e., charge fees only for hardcopy (more than 5 pages, like BoCC), scanning, and actual costs for media (USB drives, DVDs) and mailing — as is currently done. I hope that you seriously consider and accept these recommendations. Please let me know if you or your staff would like to meet to discuss or have any questions. Thank you, Tom Thiersch Member, Washington Coalition for Open Government ==== [RCW 42.30.010 Open Public Meetings Act] ==== ==== [RCW 42.56.030 Public Records Act] ==== "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created." ` SAVE PAPER - Please do not print this e-mail unless absolutely necessary. RESOLUTION ATTACHMENT "A" 4~��4SON Cod JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Jefferson County Public Records Act Compliance Policy Page 2 of 36 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 Purpose: Compliance with Public Records Act................................................................... 6 2.0 Definitions............................................................................................................................6 2.1 Backup Records Liaison: ................................................................................................. 6 2.2 Bot Request: ..................................................................................................................... 6 2.3 Business Day: ................................................................................................................... 6 2.4 Chief Civil Deputy Prosecuting Attorney: ....................................................................... 6 2.5 Court Records Request: .................................................................................................... 6 2.6 Customized Electronic Access Service: ........................................................................... 7 2.7 Exempt Record: ................................................................................................................ 7 2.8 Failure to Provide a Record: ............................................................................................. 7 2.9 Final, Definitive Response: .............................................................................................. 7 2.10 Fullest Assistance: ............................................................................................................ 7 2.11 Human Resources:............................................................................................................ 8 2.12 Jefferson County: ............................................................................................................. 8 2.13 Normal Business Hours:................................................................................................... 8 2.14 Person in Interest: ............................................................................................................. 8 2.15 Policy: ............................................................................................................................... 8 2.16 Public Records Liaison and Records Liaison: .................................................................. 8 2.17 Public Records Officer: .................................................................................................... 8 2.18 Record: ............................................................................................................................. 9 2.19 Record holder: .................................................................................................................. 9 2.20 Request: ............................................................................................................................ 9 2.21 Requestor:.........................................................................................................................9 2.22 Section: ............................................................................................................................. 9 2.23 Staff................................................................................................................................10 2.24 Web Portal:..................................................................................................................... 10 2.25 Written Information:...................................................................................................... 10 till\ Jefferson County Public Records Act Compliance Policy Page 3 of 36 3.0 General Provisions............................................................................................................. 10 3.1 Public Records Act Compliance.................................................................................... 10 3.2 Applicability...................................................................................................................11 3.3 Non -Discrimination Requirement.................................................................................. 11 3.4 Records Are Property of Jefferson County.................................................................... 11 3.5 Use of Available Electronic Resources Encouraged...................................................... 11 4.0 Roles of Staff Designated to Address Public Records Requests ....................................... 12 4.1 Public Records Officer................................................................................................... 12 4.2 Chief Civil Deputy Prosecuting Attorney...................................................................... 13 4.3 Records Liaisons and Backup Records Liaisons............................................................ 14 4.4 Training and Updates..................................................................................................... 14 5.0 Public Records Requests.................................................................................................... 15 5.1 Format of Requests......................................................................................................... 15 5.2 Fair Notice of Records Request..................................................................................... 15 5.3 Lists of Individuals......................................................................................................... 16 5.4 Bot Requests................................................................................................................... 16 6.0 Jefferson County Response to Public Records Requests ................................................... 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for "All Records" is Insufficient..................................................................... 17 6.3 Prompt Response Required............................................................................................ 17 6.4 Types of Five (5) Day Responses.................................................................................. 18 6.5 Final, Definitive Response............................................................................................. 20 6.6 Requests to Create Records or Convert Records to a Different Format or Medium ..... 21 6.8 Requests for Personnel and Employment Records........................................................ 21 6.9 Requests for Court Records............................................................................................ 21 6.10 Locating Responsive Records........................................................................................ 21 6.11 No Requirement to Create New Records to Respond to A Records Request ................ 21 6.12 Request for Records that No Longer Exist..................................................................... 22 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests ................ 22 6.14 Immediate Provision or Inspection of Records "Over the Counter." ............................. 22 6.15 Exemptions from Production......................................................................................... 23 6.16 Withholding or Redacting Records Based on Exemptions ............................................ 23 u� Jefferson County Public Records Act Compliance Policy Page 4 of 36 6.17 Explanation of Exemptions............................................................................................ 23 6.18 Summaries of Common Exemptions............................................................................. 24 6.19 Inspection of Responsive Records................................................................................. 25 6.20 Electronic Records......................................................................................................... 26 6.21 Installments.................................................................................................................... 26 6.22 Requestor Responsibility................................................................................................ 27 6.23 Order of Processing Requests........................................................................................ 27 6.24 Allocating Specific Amounts of Time and Resources ................................................... 28 6.25 Multiple Requests by the Same Requestor..................................................................... 28 6.26 Requests Log.................................................................................................................. 28 6.27 Preservation of Request Clarifications and Search Efforts ............................................ 29 7.0 Records Retention Required.............................................................................................. 29 7.1 Retention of Public Records Request Records............................................................... 29 7.2 Records in Request Files that Must Be Maintained....................................................... 29 7.3 Archiving and Destruction of Public Records Request Records .................................... 29 8.0 Compliance with Best Practices Annual Reporting Requirements .................................... 29 9.0 Administrative Review...................................................................................................... 30 9.1 No Final Decision Until Review Under this Section ..................................................... 30 9.2 Petition for Review......................................................................................................... 30 9.3 Deadline for to Affirm or Reverse, After Petition for Review ....................................... 30 9.4 Effect of Reversal Based on Petition for Review........................................................... 30 9.5 Final Decision, If Affirmed............................................................................................ 30 10.0 Costs for Public Records.................................................................................................... 31 10.1 Inspection Only.............................................................................................................. 31 10.2 Records Already on Jefferson County Website............................................................. 31 10.3 Statutory Basis................................................................................................................ 31 10.4 Calculation of Costs....................................................................................................... 31 10.5 Cost Schedule................................................................................................................. 33 10.6 Deposit...........................................................................................................................33 10.7 Failure to Fulfill Payment Requirements....................................................................... 33 11 Limitations......................................................................................................................... 33 11.1 No Additional Legal Rights........................................................................................... 33 Jefferson County Public Records Act Compliance Policy Page 5 of 36 11.2 Statutory Requirements and Best Practices.................................................................... 33 11.3 No Additional Duty That is Not Already Imposed by Law ........................................... 34 11.4 No Basis for Liability..................................................................................................... 34 12.0 Amendments and Corrections............................................................................................ 34 13.0 Severability........................................................................................................................ 34 14.0 References..........................................................................................................................35 Proposed Public Records Request Cost Schedule: ....................................................................... 36 Jefferson County Public Records Act Compliance Policy 1.0 Purpose: Compliance with Public Records Act Page 6 of 36 Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. 2.0 Definitions The following definitions apply to this Policy: 2.1 . Backup Records Liaison: "Backup Records Liaison" means the person in each department designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. 2.2 Bot Request: "Bot request" means a request for records that Jefferson County reasonably believes was automatically generated by a computer program or a script.' 2.3 Business Day: "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. 2.4 Chief Civil Deputy Prosecuting Attorney "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. Court records are exempt from the Public Records Act and are subject to release directly through the Courts under the Washington Courts' General Rule 31 and General Rule 31.1. i See RCW 42.56.080(3). O\ Jefferson County Public Records Act Compliance Policy Page 7 of 36 2.6 Customized Electronic Access Service: Z "Customized electronic access service" means the use of information technology expertise to prepare data extracts or compilations, or provide other customized electronic information access when the compilations or customized electronic access documents are not prepared and used by Jefferson County in its normal course of business. 2.7 Exempt Record: "Exempt record" means records or portions of records that are exempt from production to the public. Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42.56.070, or in case law. Exemption from production of a portion of a record does not automatically exempt the remainder of the record from production. Exempt portions of records may be subject to redaction. 2.8 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. 2.9 Final, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confirming that Jefferson County does not intend to provide any further response to the records request. 2.10 Fullest Assistance: "Fullest assistance" means Jefferson County's obligation to provide fullest assistance to all requesters, consistent with and as limited by RCW 46.56.100 and WAC 44-14-04003. Jefferson County shall devote sufficient staff time to processing records requests, consistent with the Public Record Act's requirement that fulfilling requests should not be an excessive interference with an agency's other essential operations. Fullest assistance does not require Jefferson County to ignore or modify its internal business processes for responding to public records requests or to comply with aspects of a request. Fullest assistance also does not mean that Jefferson County must agree to a request from one requester if doing so may detrimentally affect Jefferson County's ability to provide fullest assistance to 2 See RCW 42.56.120(3)(a). Jefferson County Public Records Act Compliance Policy Page 8 of 36 other requesters, result in damage or disorganization of records, or excessively interfere with essential agency functions. 2.11 Human Resources: "Human Resources" means the Human Resources Officer. 2.12 Jefferson County: "Jefferson County" means Jefferson County, Washington. Jefferson County is a general-purpose governmental entity that provides a range of municipal services allowed by statute or charter. These services include, but are not limited to police, emergency management, public health, vehicle licensing, voter registration, property assessments, facilities maintenance, street maintenance, solid waste (recycling), building permitting, planning, and zoning, parks and recreation, adult, and juvenile court, prosecuting and general administrative services. 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. 2.14 Person in Interest: "Person in Interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is a minor, or under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.3 2.15 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.16 Public Records Liaison and Records Liaison: "Public Records Liaison" and "Records Liaison" mean the person or persons designated by an elected official or department director to accept, track by log, and arrange for fulfillment of requests for disclosure of records within a Jefferson County department 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 3 See RCW 42.56.010(2). Jefferson County Public Records Act Compliance Policy Page 9 of 36 2.18 Record: "Record" means "public record" as defined in RCW 42.56.010, namely any identifiable record containing "written information" as defined in Section 2.21 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. 2.18.1 This definition does not include records that are not otherwise required to be retained by Jefferson County and are held by volunteers who: 2.18.1.1 Do not serve in an administrative capacity; 2.18.1.2 Have not been appointed by Jefferson County to an agency board, commission, or internship; and, 2.18.1.3 Do not have a supervisory role or delegated Jefferson County authority.5 2.18.2 Written information created or received by employees using non -county devices only meet the definition of record if the written information relates to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by Jefferson County.6 2.19 Record holder: "Record holder" means the department or staff having custody of a record. 2.20 Request: "Request" means a request made to Jefferson County pursuant to the Public Records Act for disclosure of records. Requests for records made pursuant to other statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. 2.21 Requestor: "Requestor" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of doubt, reference to a section includes a reference to every subsection in that section a See RCW 42.56.080(1). 5 See RCW 42.56.010(3). 6 See WAC 44-14-010. Jefferson County Public Records Act Compliance P 10 of 36 but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff: "Staff' means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. For the avoidance of doubt, electronic data, including email, that meet this definition shall be considered written information. 3.0 General Provisions 3.1 Public Records Act Compliance. 3.1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, Chapter 42.56 RCW. 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records in Jefferson County's custody that state law or court rule do not exempt or prohibit from production. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate safeguards for information exempted from or prohibited from production by federal or state law. See RCW 42.56.010(3) and (4). Jefferson County Public Records Act Compliance Policy Page 11 of 36 3.2 Applicability. 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56.240(14), or any other statute which exempts or prohibits production of specific information or records to requestors. 3.4 Records Are Property of Jefferson County. Records maintained by Jefferson County are and remain the property of Jefferson County. 3.5 Use of Available Electronic Resources Encouraged. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public records as provided in RCW 42.56.070(4) based on the following findings: 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. Jefferson County Public Records Act Compliance Policy Page 12 of 36 3.6.2 Jefferson County is comprised of 15 separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4. 1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with Chapter 42.56 RCW; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; Jefferson County Public Records Act Compliance Policy Page 13 of 36 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure; 4.1.5.10 Maintain the required information and comply with the best practices annual reporting requirements contained in Chapter 40.14 RCW;8 and, 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under Chapter 40.14 RCW.' 4.2 Chief Civil Deputy Prosecuting Attorney_ 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. s See Chapter 40.14 RCW. 9 See Chapter 40.14 RCW. 1\ Jefferson County Public Records Act Compliance Policy Page 14 of 36 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. 4.3 Records Liaisons and Backup Records Liaisons. 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. 4.3.3 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs of official requests fulfilled by the department. 4.3.4 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RCW 40.14.026 4.4 Trainingand nd Updates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. Jefferson County Public Records Act Compliance Policy Page 15 of 36 5.0 Public Records Requests 5.1 Format of Requests. 5.1.1 No official format is required for making a records request. 10 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. " See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy 5.3 Lists of Individuals. Page 16 of 36 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designeemay do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request that is one of multiple requests from the requestor within a twenty -four-hour period, if responding to the multiple requests would cause excessive interference with other essential operations of Jefferson County. i i 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request. 6.1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chapter 40.14 RCW. 12 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the supervisor or Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of their department supervisor or Records Liaison. 11 See RCW 42.56.080(3). 12 See Chapter 40.14 RCW. 4 � Jefferson County Public Records Act Compliance Policy Page 17 of 36 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. 6.2 Reauests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records. 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under Chapter 42.56 RCW or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. 13 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in Section 6.4.3. 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chapter 40.14 RCW. 14 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial response to the records reauest is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. 6.3.3 Jefferson County shall honor requests for identifiable records that are received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in person. 15 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest response. Requests may be fulfilled in the order of receipt, so long as easily "See RCW 42.56.080(1). 14 See Chapter 40.14 RCW. " See RCW 42.56.080(2). l)\ Jefferson County Public Records Act Compliance Policy Page 18 of 36 fulfilled requests are not postponed behind larger or more complicated requests, strictly because they were received later. 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Types of Five (5) Day Responses. The initial response to the requestor shall be made in writing within five (5) business days of receipt of a request, shall acknowledge receipt of the request, shall provide the requestor a list of department(s) to which the request was routed, and may take one of the following types: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 Direction to Online Documents: 6.4.2.1 If the records requested are available via Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer. 16 6.4.3 Clarification of Requests: 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification, and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified." 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When 16 Required by RCW 42.56.520(l)(b). 17 See RCW 42.56.520(l)(d). Jefferson County Public Records Act Compliance Policy Page 19 of 36 a requestor agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County should advise the requestor that if the requestor fails to provide clarification as requested within 30 days the request will be considered closed. 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear. 18 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, definitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of " See RCW 42.56.520(3)(b). tiny frf Jefferson County Public Records Act Compliance Policy 20 of 36 the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6.4.7.2 If there is any question as to whether any record, or any portion of a record, should be exempt from production and therefore should be denied from production to any requestor (by withholding or redaction), a Records Liaison shall consult the Prosecuting Attorney's Office or the Public Records Officer or designee, and shall give them the opportunity to inspect the subject record(s) before any such denial of production is conveyed to the requestor. 6.4.7.3 A written statement of the specific reasons for the denial must accompany any denial of a records request. 19 Any denial should inform the requestor that it is the final, definitive response. 6.4.7.4 See Sections 6.15 through 6.18 of this policy for additional information regarding exemptions and the withholding or redacting of responsive records. 6.5 Final, Definitive Response. Records Liaisons shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 19 See RCW 42.56.520(4). Jefferson County Public Records Act Compliance Policy Page 21 of 36 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations. 20 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requestor for clarification or refinement of the request, as discussed in Section 6.4.3. 6.11 No Requirement to Create New Records to Respond to A Records Request. 6.11.1 Records Liaisons and staff are not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive 21 See WAC 44-14-01002. y1l\ Jefferson County Public Records Act Compliance Policy Page 22 of 36 to a request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Reponse to Voluminous or Frequently Occurring Requests. Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor in response to a voluminous or frequently occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy. 21 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 6.14.1.1 The requested records are easily accessible to staff; 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and, 6.14.1.3 The request is not for records that are subject to withholding or redaction due to production exemptions or confidentiality considerations. 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requestor, if provided, 21 RCW 42.56.120(4) l\\ Jefferson County Public Records Act Compliance Policy Page 23 of 36 the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. 6.15 Exemptions from Production. 6.15.1 Requested records may be subject to exemption from production under the Public Records Act or other statutes. 6.15.2 Some records may contain specific content that is exempt from production. The presence of exempt information does not necessarily exempt an entire record from production. 6.15.3 Common exemptions are listed in Section 6.18.1. 6.16 Withholding or Redacting Records Based on Exemptions. 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RCW 42.56.210. 6.16.2 Record holders and/or departments are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Record holders and/or departments are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from production, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing production to the requestor. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210, the requestor shall be provided, in writing, a brief explanation of the reason(s) that information has been withheld or redacted.. 6.17 Explanation of Exemptions. 6.17.1 An explanation of exemptions shall (1) identify the record, (2) cite the statute that the exemption is based upon, and (3) provide a brief explanation of the statutory basis for each redaction or withholding of a record. til Jefferson County Public Records Act Compliance Policy Page 24 of 36 6.17.2 Individual occurrences of the same redaction may be listed generally in the explanation of exemptions. For example, an explanation of exemptions need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that production would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the extent production would violate their right to privacy (RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non -production is essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(1)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (5)); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); tJefferson County Public Records Act Compliance Policy 25 of 36 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County within five years of the request for disclosure when production would produce private gain and public loss (RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to assert any exemptions permitted by law when Jefferson County determines that such exemption applies and -serves the public interest. 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. t Jefferson County Public Records Act Compliance Policy Page 26 of 36 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff.22 6.20 Electronic Records. 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record.23 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record.za 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an electronic format, and the cost of any physical transmission device provided by Jefferson County. 25 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Public 22 See WAC 44-12-01022. 23 See RCW 42.56.120(1). 24 See RCW 42.56.120(1). 21 See RCW 42.56.070(7). Jefferson County Public Records Act Compliance Policy Page 27 of 36 Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 6.21.4 The Public Records Officer or designee may attempt to contact the requestor at any time prior to deeming an installment request abandoned. 6.22 Requestor Responsibility. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response should be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee may attempt to confirm whether the requestor still wants the requested records but is not required to do so. 6.22.4 If a requestor fails to claim or arrange for inspection of requested records after the expiration of the period to inspect or claim copies of requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 0) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether :Il\ Jefferson County Public Records Act Compliance Policy Page 28 of 36 redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. 6.24 Allocating Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Requestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 Staff is not required to work on an additional request from the same requestor who has an open previous request until the initial requests are completed and closed. 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 6.26 Requests Log. 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimum: 26 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; 6.26.1.3 The text of the original request; 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 26 See Chapter 40.14 RCW. Jefferson County Public Records Act Compliance Policy 6.26.1.6 Date of final disposition of the request. Page 29 of 36 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under Chapter 40.14 RCW, and shall be a record subject to disclosure under chapter 42.56 RCW.27 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Request Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted records for the request file. 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. 7.3 Archiving and Destruction of Public Records Request Records. Within the time required by the Washington State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.026.28 21 See Chapter 40.14 RCW. 28 See Chapter 40.14 RCW. Y1\' Jefferson County Public Records Act Compliance Policy Page 30 of 36 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. 9.2 Petition for Review. Any person who objects to any action described in Section 9.1, may petition for prompt review of such action by submitting a written petition for review to the Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse, After Petition for Review. Prosecuting Attorney's Office shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Prosecuting Attorney's Office has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. Jefferson County Public Records Act Compliance Policy Page 31 of 36 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No. The requirements of Jefferson County Ordinance No. are repeated below for purposes of convenience. 10.1 Inspection Only. There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means. 29 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with PCW 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule.30 These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10.4.2 Jefferson County will charge the actual cost for the following: 10.4.2.1 Digital storage media or device provided by Jefferson County; 31 29 See RCW 42.56.120(2)(e). 30 See RCW 42.56.120(2)(b). 31 See RCW 42.56.120(2)(b)(v). tJefferson County Public Records Act Compliance P 32 of 36 10.4.2.2 Containers or envelopes used to mail copies to the requestor; 32 10.4.2.3 Any postage or delivery charge; 33 10.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and 10.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson County: Estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes; 34 10.4.3.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge; 35 and, 10.4.3.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge. 36 10.4.4 Charges may be combined if more than one type of charge applies to copies produced in response to a request. 37 10.4.5 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an 32 See RCW 42.56.120(2)(b)(v). 33 See RCW 42.56.120(2)(b)(v). 34 See RCW 42.56.120(3)(a). 31 See RCW 42.56.120(3)(b). 36 See RCW 42.56.120(3)(b). 37 See RCW 42.56.120(2)(c). �, rp Jefferson County Public Records Act Compliance Policy Page 33 of 36 alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request. 38 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, 39 may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11 Limitations 11.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 38 See RCW 42.56.120(4). " See RCW 42.56.120(4). Jefferson County Public Records Act Compliance Policy Page 34 of 36 11.2.2 This Policy includes both statutory requirements and best practices. 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Duty That is Not Already Imposed by Law. No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. Jefferson County Public Records Act Compliance Policy Page 35 of 36 14.0 References Chapter 42.56.RCW Chapter 40.14 RCW Chapter 82.12 RCW Chapter 44-14 WAC Chapter 434-615 WAC Washington State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of , 2017. * Jefferson County Public Records Act Compliance Policy Page 36 of 36 Proposed Public Records Request Cost Schedule: Public Records Request Cost Schedule 40 Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoidance of doubt, the term attachment "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. For any individual request, total costs up to and including $X.XX shall be waived. 40 See RCW 42.56.120(2). Compare Results Old F:la New File. 2918 0419 JCPRACP - DRAFT - ACCEPT.Pdf 2919 04 19 JCPRACP Policy - DRAFT - �ersus ACCEPT - TT.Pdf 36 pages (294 KR) 5!32073 7.34 23 AM 37 pages 51312018 8:46 48 2 A:24 AM Total Changes Content 1 84 498 Replacements 79 nsertions 67 Gala?i na lk:rM1�{;a{.gH�lS:}.207} B'S2 o4. Ul Styling and Annotations 1110 Styling 58 Annotations Summary of Comments on [Compare Report] 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT.pcIf This page contains no comments This page contains no comments RESOLUTION ATTACHMENT "A" ON L4 co ti JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and n,md/rcplaccd Mach 5, 2001_ Novembcr 18.2002, June 27, 2006 and [date of adoption[) J.ff.,s.. County Public Records Act Cropliarre. Policy P.y,. Page: 2 N—) -37' JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and tcviscd/rcpi=d Match 5. 2001, Nmembet I8, 2002. June 27 2006 and (date ofacloptionf) S-fi— lodes: !.��,unp —TI-MMIZ 1- —.1 .1 "1 e. ,T- so - 2 1 1 Bet Request sec R( -W 42.560X0(3)__.... 6 211 1 1 r 4414-(9003 ------- 2.L ee RCW 42.56010(27- 2,,, —na. sec RCiit I it ism see RC ckup Rec Z. I—el, I- I I myey Renee Co. 21 Disc. 2,7 F,cp(Rcc., 28 Explanation of Exemptions 7 I# Failure o Provide a Record 2.10 Final. Dcfinui,c Respor, 2.11 Hunan Resources - 2.12 Jefferson Cirarft. 113 Normal Business ..... ..... ........ ............. Hours 8 2.14 P0liCy:-1 ................. .8 2.15 Production: . ....... .. ..... ... . . ..... 8 2.16 Public Records Liaison and Records Liaiscri 2.17 Public Rc—& Officer:._..... . ..... ..... ... 2,18 Record:...._. ... ..... ..... 8 2.19 R—nd holder .. ...... ......... .T.1—nee Comments from page 2 continued on next page Jefferson County Public Records Act Compliance Policy Page 2 of 37 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY •"^^.ht,ut^^��Rcsn,a,e (Created October 27, 1997 and revised/replaced March 5. 2001, Nmember IS, 2002, June 27 2006 and [date of.d.ptmaj) �r.Mine.:m Section Index: LO Purpose Compliance with Public Records Act........ ...... ....... . .. _.._.... r..uMA:m 2.0 Def itions.._... .._ ._...__.....___........ ___... ....... .... __...... {m.w.r.�umwee a.ea,e 2.1 Refer w the Public Records Act fm the definitions ere r 21.1 But Rcqucst. sec RCW 42.56 )800) MM:YIP 2,12 Customized Electronic Access Se—ce: R .121 2 13 Fullest Assistance see RCW 46 5 - 100 ' C 44 6 2.1.4 Person in Interest. sec RCW 55.0 1.. _. _.. (, __ __. .. 2.1.5 Public Record.—RC '42 5f 0)........... _.__. 2.1,5 Writing: see RC 2.55. 1(4) .. S7""wsa Al iew...as,a 2.2 Backup Re ds Li ' n:.. _. _..... . __..___ 5umm.r.. 2.3 Bunn sDet _... aMx,t.� maw:.. cn,.gm ditcf .. wPr g. _.............. _...... ....._.. . 2 ar:.. _ _. ds st .... ......_..._ ... . 7 M M��r_ .. ._ ......... o-1 -s M,.r va n. ..... _ _.. _ .. 2. F.. tR- 2. s ion .xempn s ail Provide ord- _. Inewt �mua on :.m.ms.. n:cwmcn...na 2. final. Alle 2.1 uman -11.s _... ............... %,. 2.11 ecrso unp 2.1 . oro .,a o.._.... .. ......_ ...." ax'A'•r•e 2.14 to .... ...... .... _. _._.. % M,.n -e _ tm,a.t� nn,w:�es,esm 2.15 - ccords Lj ecords Liaison _..__ _......8 2.17 ecords macer :......... ............ ...... .......... ......... 8 2.18 Re -........ ...__.......... .............. _.._ _ ____ ._..__...8 2.19 Recordholdcr __.. _. _____. _...___ _._..... ..... .....__...9 fefferson County Public Records Act Compliance Policy Page 3 of Page: 3 �21 quos ........ .............. .. _.... _....9 srm ncu�re que ... ....__ _._.___.__ 9 ;rvra'ar ..._ __. .... lw,,,,otsena;t�cnrnyre i crarr�� �. ■M�.t.��,.nawtr. o�r.R.d .... .. .. _. _. _. _.. _.. ..1 aeof Wasting _ _.. .._. 40 Ro ofS D sign t ddres, blit Records sts \ 1\ i I Publicuxd "icer I I 411 The Pubii cords e, is the p n wha is app ;. *ed as Public Re— ic., for lefferson �_aunty pursua eRCW 6.580.7 is Records Ot ,. forlefferson Coun he Clerk of the Board of County missione .... 11 0.2 Chief Civil Deputy Prosecut umncc.. ... _.._..... ... _.. ... I 4.3 Records Liaisons and Backup Recor Limsons ... _.. 44 Training and Updmes...... .. .........__. _.. _. 15 5.0 Public Records Requests....._ . ................. .___. __ _. ._.. .._._ 15 51 Format of Requests. ............ _....__...._....__...__...._...... .........._......._ _._...._.__ 1 3.2 Fair Notice of Records Request._._.......__....._._....._........._._ ... .........._..._............ 15 5.3 Lists of itii,iduals....... ........ __....__.._. ..__..__.... ...__....__. ._ ........_..... 5A Bot Requests ......... _..._.... .......... ....__.... . ............... 1 6.0 Jefferson County Response to Public Records Requests. .........._........ ......................... . 16 6.1 Required Crm intr ication by Records Liaisons Upon Receipt of a Retards Request.. 1 6.2 Requests for All Records -isb Iffivient__.........._......._........_...._............._._._...... 17 6.3 Prompt Response Required...._ ................... ............ ............................ ............ .... ._...._. 17 6.4 Types of Five(5)Day Responses ....... ........._.. _._...._....... ....__..._..........._._ 19 6.5 Final. Definitive Rcsp....... .........._...._._.........._...._.__._.......... ...... ..... .. _...._...... 20 6.6 Requests to Create Records or Convert Records to a Different Format ar Medium ...._ 20 6.R Requestafor Personnel and Emptor nano Records..._....._ ................ 21 rw ard•�re -fo tv,.cRtr.umr�re. ca��r v- tnrM'U�r �vrnY ae NrS ne ofWxF�y�on. fT N - '+m Comments from page 3 continued on next page Y� Jefferson Count, Public Records Act Compliance Paliev Page 3 of 37 / g"^"°""°" nn«w+K<n,"stn m n..l.ad 2.20 Request:...... ._.........9 M.�,I:'�r 2.21 Requester:_.. ..... .......... .............. ...... ........ ....9mnwr.n rnwma..s.e 2.22 Section..._ .... ................_ .. ......... ................. ............9 ;..,. a.d•aa 2.23 Staff............ ....... _._.... . _......__... ;rttwl -n a n� 234 Web Portal: .. .. .... .. ......._ __.._...._. ...._._..') ee,.na,e..ms<,t.e 2.25 Written lnfomwb.n........_. _........._ _..... _.... .. ..........9 mn+m.n,a 3.0 General Pro,isiats .................._._......... ...._...._..._...._..... ................ _....... rx. �ta.twd: pmtw.sm..�rw.wwn...m.+td.. wextnttwa, ante+.: 3.1 Public Records Ac[Canpli .._. _...__. ._. _...._.. _. ...._... 3.2 Applicability mrm+..t,+ta cewm .w.... ,r. 3.3 Non-thscranon Req. an ...... _ 3.4 R sire the ports of they .Wash' ..._. ..__. _..._.... _.... _.. Ib cso ........ Use. .]able Eketour 1 4.0 es of St igna it is Records Reque° 4 1 +c '..::r or.n a.W.tta t Public Records .. Rthe person ". ppointedas Pu .. ords Off—rfor Jefferson Coun nt to RCW 4 ". . The Pubiic R ...e ficerfor Jefferson County is the asn.. n+mw at^^^ '••e'•^� Clerk pard otC commissioner '.annot,ra"A<+i w+ez <hayetl 4.2 '. , :evil iM u curing Alto— .. .. _.. _... 13 4.3 Liaisons and Ba iaisons.......... .. .. _._._. _. _..... ___..._.. I 4.4 pdates. ......... _. __ _...... __............ 13 ssu,.m,r°"u:nw:.. cn...•e 5.0 Publ equests__..._.._. ........... ...__. _.. ............ m.ourw^umw+n cx..s.e - 5.1 Fob tests _. _. _.... _.... _..... ._.........__ ...._............ �-'— 51 Fair ecce& Request ._. .. _.._... _.._ . ... 5.3 Lis s.... _. __.16 iw,nw.+.. nmiww a�..xe 16 6.0 Jeffers nse to Public Rccords Ri'alic......_............. _....._................... 1(, sm.a,..n ume.,e: cn..s.e G.1 Re uir .ton y Records Liaisons U quest... 16 n°. umc. s a .axe 6.2 Re uest§ is nsutiicient ................._._...... ...................... + M..tam. umw,•+m.^s,e 6.3 PfomptR s ..• .....__....................... 6.4 Types of Fi I 6.5 Final. Definiri, ......_.........._............. _................. ........ ..................... ...... 20 �re,c s..4aa 6.6 Requests to Create Records or Carvrn Records to a Different Fomrat or Medium ..._ 20 Irv.w7-'zv' 6.R Requests for Personnel and Employment Records ..._.................. ...._ Y'n^m•wn n°M1wmcM1.�std Comments from page 3 continued on next page Sa But Requests. ......._..... ........ ..... .. _.... _. ._.:._._... . ..... _._._ _ 16 6.0 Jefferson County Response to Public Records Requests ..._...._._._._.._.......... .............._. 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for 'All Records" is Insufficient ...................... .............................. ............... . 17 6.3 Prompt Response Required . ........... ...._._.._...._...._.......... ......... ............. ............. 17 64 Types of Five 0)Day Resporews......... ....... ._......_.._._._.__.__......... _..._._......._._. 18 6.5 Final, Definitive Response ........... .... ..... .___ _........._........ .............. ..... .__..........._.... 20 6.6 Requests to Create Records or Convert Records to a Different Format orMedium ..... 2iy 6.8 Requests for Personnel and Employmcnl Records__.....___...._....._.... _........_... _......, 21 teffersun County Public Records ,Act Compliance Policy Page 3 of 37 2.20 Requcst:.........._...._.....__._._...... ........ ____ ....... .............._........._....................... _...._.....9 2.21 Requester_.. ......... _...._......._ ..... _........._ . _ _..... _._... ....._....9 2.22 Section:.............................................................................................................................9 2.23 Staff:..... ............. ..... ....... _._._......_._._...._..._... ...... ........... ..._..._._._._.__.,............ _...9 2.24 Web Portal:-.......................................... _........... .... ......... .................. ....................._.......9 2.25 Written Information:...._ ............... ..... _.._........... .._._......._................ .._.._...._._......._..9 3.0 General Provisions...­.........................._._...._...._......._...,..._............... _........_...._......._..9 3.1 Public Records Act Compliance. ....._............._.................... ......._._.............. ......._.......9 3.2 Applicability _......... _.__. _....... __...._ _....... 10 33 Non-Discrimination Requirement _....... ......... ......._...._ ........ 10 3.4 Records Are the Property oftbe State of Washing!m_...__...._............. _._......._...... _.. 10 3.5 Use ofA,.ilablc Electronic Resources Encouraged._....._..........._....__........... _....__ t0 4.0 Roles of Staff Designmcd to Address Public Records Requests _.... _.. _.. __.__.... _. 11 4 1 P l I,c Records (Nicer 11 5.1.1 The Public Records Officer is the person who is appointed as Public Records Ofiicer for Jefferson County pursuant to RCW 42.56.580, The Public Records Officer for Jeffemon County is the Clerk of the Board of County Commissioners.... .... ........ .11 42 Chief Civil Deputy Prosecuting Attorney.. ...... ..... 13 43 Records Liaisons and Backup Records Liaisons........................._...... _......_..........._.... 14 4.4 Training and Updates. ...... ..__...___..... ....... ..... .... .......__.................. IS 5.0 Public Records Requests........ _.. _..... _ ............ ........... _. ............ 15 Al Format of Rcqucsts........ .........................................__....__......_... ........_.._....__._.._. 15 5.2 Fair Notice of Records Request....____........___....._....._.__._..__._.........._.....__..._.. 15 5.3 Lists ofleldivtduals............. __.._..._ ._._.___... .............. _...... _........__16 Sa But Requests. ......._..... ........ ..... .. _.... _. ._.:._._... . ..... _._._ _ 16 6.0 Jefferson County Response to Public Records Requests ..._...._._._._.._.......... .............._. 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for 'All Records" is Insufficient ...................... .............................. ............... . 17 6.3 Prompt Response Required . ........... ...._._.._...._...._.......... ......... ............. ............. 17 64 Types of Five 0)Day Resporews......... ....... ._......_.._._._.__.__......... _..._._......._._. 18 6.5 Final, Definitive Response ........... .... ..... .___ _........._........ .............. ..... .__..........._.... 20 6.6 Requests to Create Records or Convert Records to a Different Format orMedium ..... 2iy 6.8 Requests for Personnel and Employmcnl Records__.....___...._....._.... _........_... _......, 21 tJefferson County Public Records Act Compliance Policy Page J af31� Page:4 few ..ts. 6,11 New Records to Respond to, e ^ .......... 21 6.2 Requestfor Records that No Longer Exist. .__.... ..__... _...._._.. 22 6.13 Agreements in Response to Volwa inew or Frequently Occurring Requests.,.............. 22 m,n� em�wtn cn,�ym 6. 14 Immediate Provision or Inspection of Recmds Over the Cawter:'..............._._._...... 22 6.13 Exemptions from Profuctian........................._.................................... ............................................................. _......... 23 6.16 Withholding or Redacting Records Based on Exemp[ions................. ............._... _..... 23 6.17 Explanation of Fxemptiau 6.19 Summaries ofComtnon Exemptions.......... ..._....._......_ ... ....._.... ._....... �M,o�.ra, n�mw�.. cn,sm 6.19 inspection of Responsive ceor_....._....__............_..._....................__..._._ �^^ s 6.20 Elearonic ecor s._..._._._....._.......... _.... _.....__..__.... _...._.. ... ......... 26 6.2I [nsta mems __..__ _.................... . 6.2._ c sibilitv._. ...__.. _.27 '�'���•"� Requests.. _.... . Mro -ze ('23�z18 in Specific Amounts ofLme ..... ...._ tomb m"'t. .''. IeRequests Requestor. .__.........._... ... ........ ..._..... 2R 6�i Req sts Log .... .. ... ._......_ _ .......... _..... aY`""a.eo, a—era servation of a fl atins an h Efforts cords Retfired _ .. . " [eml m..n: m• emnrion fPytbhe`Recor st Records 72 Recon quest Fil. ust Be Man ... _. 'U Eromas.r ntmwr., cn.­J 7.3 Arehi, ing and Des nofpublic Re- equest Rec - __30 �m,a.0 cn„s.e R.0 Compliance nith Best Practices Reporting Requu _. .__.... 30 9.0 Administrative Review_.._._. ............_._ ._....._... _............._ ......_..... " RAM” min zr 9.1 No Final Decision Until Rcview Under this Section........... 9.2 Petition for Re tew............. .. .......... ............ _. _._.. 31 w.a.a 9.3 Deadline for to Affirm or Reverse- ARw Petition for Review.—................. _...__.... .3I �m�a.rnnawtrs 9.4 Effect of Reversal Based on Petition for Review......_...._._.._........... ...... _._.... _._.. ... 31 r� 9.5 Final Decision, If AtYrmed ...._._.__ _ __. 31 mit 'ra 10.0 Coslsfw Public Records._ ..... ............__.... .... 10.1 Inspection Only ......._...._.. .......... _. ......___.._ ...._......... _.._.. 31 �ir�a nn.e --tome zr Comments from page 4 continued on next page Jefferson Co -w Public Records Act Compliance Policy Page 4 .1737 6.9 Requests for Court Records__..__._..........._...._..........._............................__.... _...._... 21 6.10 Locating Rcsp.—c Records ..._...... ....... ..............__._._.................._............._...__.... 21 6,11 No Acquirement to Create New Records to Respond to A Records Request. _ .......... 21 6,12 Request for Rccords that No Longer Exist. ... 1......... ..........A 6.13 Agreements in Response to Voluminous or Frequently Occurring Request6.14 Immediate Provision m Inspection ofRecords-Over the Counter."._....... 6.15 Exemptions from Production................................................................................. ... 23 6.16 Withholding or Redacting Records Based on Exemptions ........ ......_....... _.. _........... 23 6.17 Explmtation of Exemptions. ....... ....... ........._._ _. _. .... 6.18 Summaries of Common Exemptions.._. _.. ...._..._ ..__. __. _. _..._. 24 6.19 Inspection of Responsive Records _.. __ ......._._. ...__...._ .............. 25 6.20 Electronic Records.._.... .... _. .... _... _. 'o 6.21 Installments. 6.22 Rcquestor Responsibility... 6.23 Order of Processing Reqt s _. _.... 28 6.24 Allocating Specific oun Time d Resoun. ... 28 6.25 Multiple Reque b t c quest" ... „l. 28 "imaw_ M-1"ai- 10.1 Inspection Only County Website. on OfCOS— U Pay—i Rcqu Page: 5 ---- 31 .......... ............ S Y..c.0 an Practices ddjuN� Duty` Not Ah d bv Law 4 Bazi rLiabt 12 u dm an cNr� 3 —101d) ir l, .0 Sc— .. ........... 14.0 Rdcrc.— 6 Proposed Public Recmds nest Sche ....... . . ..... ...... 377 Comments from page 5 continued on next page ti.{fv Jefferson County Public Records Act Compliance Policy Page 5 of 37 10.2 Records Already ou Jefferson County Website __.._ ._. _... _.31 �.Mn on MnW�n Q�M� die 103 Statutoty Basis m..e. 10.4 Calculation of Cosm..._...... _._......___. ...___.. ._.. _.. ._.... 32 Rm�o,. b„umy:,�a cns�y.a _ 10.5 Cost Schedule ............._ .__._. _. _...._. 34'. 111,6 I)eptlsll. ................................ .. ........... ......... ...... 'ROM, Mew9 '35.. 110 Failure to Fulfill Payment Requirements... __. ...._._._.._ _._......... 34 arm sMM�e 11 Limimtions_ ....................................... ........_... __. _......... ..................._-....... _......... 34 _to to s" min .�.. ILA No Additional Legal Ri ...... ............................................_......_... 34 brow«m 112 Srammw Rc en[s and B ccs. .._ ....._.... 34 113 No meal D. is Not Already Jmposcd by Law..........._ ....... 35 tNo Bas iabdm. ...._ ._........... .. ......_..... ...._...._. ....._.__. 120 endmcnts and Corrections. .... ......... .. . _. ...... 130 Severability ..... ....._....... _.....__........... _._.._ _........ _.3 ._._... _....3 14.0 References...... __._ _.. Proposed Public Records Request Cost Schedule .. ...__.... _.. _.. 3 ..____ ...._... 37 Jefferson County Public Records Act Compliance Policy Page 6 ot37� �, \Page: 6 1.0 Purpose: Compliance with Public Records Act ,tout"`. s'."° M°ml 'tr' Jefferson County adopts this Policy to comply with Chaucer 4'_. ;6 RC W (the Public Records Act). which requires Jefferson County to adopt and enforcer ^�rFe p>oplemmK>n,°m °°, rNa ma,.w<.aymy,° me>se*e<e m ne e°—,: od pva° <evw regulations to provide full access m decukrA�n ago°aI«me peoplero:n°w antl nM__a_-It . t �s ne, gaga t«mem ,o Yon+✓. iFe pe°pk loos,un, -11 mt«mNw m>,-mn a_'.' n<wpA°uxr,Fe innr°mm:s m>,mry n>ve <reatea Thh<Frytl, be libe+ay,°nwuM>ntl�ts <vempuon nanmMy c°ns,ruM to mm°u Ms an«.atm. Wsu �pvun.,a,°.>,v,e m., me °va�,<:°,>,n, w.n a. n,rypn„«,ee. i° m. me., °, <wn�« The people ofthis.siate do not yield their .sovs mighty to the agencies that sent them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control mer the instruments tha a �rsw a n.ary created. This chapter shall be liberally construed and its e, 11 w! n`� to promote this public policy and to assure that the e Ilyprotected. Tb,rve pvum aRvm<ear«maen°n:,m,+m.:<,e,m.z,., so, s°even,ep In the event of conflict between the pm; , +s chapter and any other act. provisions ofthis chapter shall govern " RCW 42 56 R30 atrmt 2.0 Definitions ez w ret stew The following definiu y to this Pohcy s Izmnte,:.e s1 e>vrwp<e 1. csv 2.1 Refer to the Public Records Ace f ons of these terms: 2L1 BotR guest RC4t' 42 if 9$j12,) wen°,,,F,°F,eaee 2.1.2 Customized Elemmi. Access genic- +2 `'It >li3, �r.,n ms utl caeca ,eaemsz+e pe,>opmtm<.>c,er 2.13 Fullest Assistan— amissbra mw,pa -ncwesss,m- 214 Person in lnterese: ee _ - larm>eam 2A 5 Public Record sq, -1amm>ao, 1Men� 2.1.6 Writing:.ia>:.. _._, - rm m«,ma - uw+z ssmamzupvum ­a «r 2.2 Backus Records Liaison "Backup Records Liaison means the person in each depamt - - e aecwuwmam z,svma°s=<e County designated as the backup person for responding to records request Retards Liaisons are not available to respond to records requests. For the coidarne of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not mailable to respond m records requests. acwussmawzz' G P\'�or,Nnrsvo cowry. 13 Busines ..business claw" means the days Jefferson isen Business fln oanea days do not include weekends and Jefferson County halt a .,. jrm oaaea +e°° w° oete,ea Comments from page 6 continued on next page I` Jefferson Counn- Public Records Act Compliance Policy Pae 6 of 37 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chutta 4'_56 RC R' (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. "The people ofthis state do not yield their. sovereignty to the agencies that serve them. The people, in delegating authority, do rat give their public servants the right io decide what is good for the people to know and what is not good for them m know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter.shall be liberally construed and its exemptions narrowly cme trued to promote this public policy awl to assure that the public interest urill be fully protected. In the event ofconf/ict bemwen the provisions ofthis chapter and any other act. the provisions of this chapter shall govern" RCW 4256 410 2.0 Definitions The following definitions apply to this Policy 2.I Refer to the Public Records Act far the definitions of these terms: 2_ L 1 Bot Rcauest see RCW 42 R olxoO3 2.1 .2 Customised FlecuanwAcccs,;_Sic_spe RCW 425L,.t2tlf3nat 2.1 3 Fullest Assistance sce ROA 46 36_1gn and WAC 44-_14_,Pi0111 2.1.4 Person m Interest see RCiEV 23b ob)t3� 2.13 Public Record_ see RCW 4'.4f.60i-1 2.1.6 Wrjy-seeRCW44 (,(11ty,4�1 2.2 Backup Records Liaison, "Backup Records Liaison means the person in each department of Jefferson County designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of s Records Liaison when a Records Liaison is not available to respond to records requests. 3 Business D, V -Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson Countv holidays. Jefferson County Public Records Act Compliance Polity Page 7 ofr \Page: 7 2.4 Chief Civil Deputy Prosecuting Atto ni v: Ole7:'36' MM "gT 'Chief Cixit Deputy Prosecuting Auamcy - means the position in the Jefferson County Prosecuting Adomey's Office responsible for providing legal guidance and assistance in processing records requests. 25 Court Records Renuesc 'Court records request' means am request for J art or Jefferson County Superior Comm records � t 26 JyZtps_ WA of the existence of a Record. with "Exempt recmd" mean cords or portions of rev Hxempt from production to the public. Exem rts include those Iden n t WAS Act, r in other smmtes incorporated "W 4 ilr07q or in cos em from production of a portion of a recpr snot automatically m e °�-"W mainder of the record from production, Exem currents of records be �e,Rm. nemmu,wt subjcettorcdacrmn A. uR1plana emptoons is the document( Ware) pmvidt�lQOlirc Requester in c.njm n n roduction of records when —raptigr has heen asserted. An cxplanau Sexen s is also known as an —in 1._ a`privilege lob'. or a-lmthholdm es qo 2.9 Failure to Provide a Record: 'Failure to Provide a Record-' means ane action by an} Jc . County employe that results in (a) The failure to respond to a request: (b) Without ) t,won. the failure to provide timely a requested record or am, portion of ir. (c) The rens denial of a request fm a record: (d) The mtuml to provide a re rd; (e) With. justification' the claim of an exemption fora record or any portion of ik. or. (1) the closure of a request I'm any reason. 2.10 Final, Definitive Resuonsc `Final. Definitive Response means Jefferson County s final response to a records request. confimning that Jefferson Coumv does not intend to provide am, further response to the records request. tr+��naa,Kma w.rcr� � era. at rn. e.wn. dm�s,r, �,wnr r,,,.Kwe. tai rn, 2n,,,1 ro w�a, Stae �ilon �.r.�a rw�r,.:„a,a m,.�t,nw.o,�„y.,ang.,�mw�a, w,.r,g:uw,res.ww r.,.. �,mmMt.m ananlimeM nr, MM-[.mlanauon ar ts,menons m'tipi.vn,n MEremntroin �. me eo.ummigl mrt isU„1 wewea' ro,-,,Y,m g,a. Comments from page 7 continued on next page i Jefferson County Public Records Act Compliance Policy Pae 7 of 37 24 ChicC Citil Dcoury Prose<udna Anomer 'Chief Cicil Deputy Prosecuting Attorney' means the position in the Jefferson County Prosecuting Atteman's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Rc—t "Court records request' means am• request for Jefferson County District Court m Jefferson County Superior Court rccor 99w 09P 26 Disclosure' Disclosure` of a RecorMeaas notifying a Requestor of the existence of a Record Contrast with "Production". I 2.7 f—mor Record: -Exempt record" means records or portions of records that are exempt from production to the public. Exemptions include those identified in the Public Recor Act or in othet statutes incorporated by RCW' J2S6.O7U, or in case law. E d from production of a portion of a record dos not out mical xempt emain 1c, of the record from production. Exempt portio recur a_ subject to redaction. 0 28 Explanation of Excmutions An`Explanation of Exemption ' s ) that i protides the Requcstor m conjunction 'o of r iv .any m On exepA. has been asserted. An C' ' m - is also Imown as an "exemption log . a privilege log'. _ vithl - g index t U -I amiR>1F MIT.tr ' Failure to Provide a Record " means any action tr any Jefferson County employee drat results in: (a) The failure to respond to a request. (b) Withoutjustitication, the failure to provide timely a requested record or any portion of is (c) The express denial of a request for a record (d) The refusal to protide a rccord; (e) Without juxifi-tion. the claim of an exemption for a record or any portion of it; or. (f) the closure of a request for any recon. 2,10 Final_ Defmidve Restwnse- 'Final, Definitive Response' means Jefferson County a final response to a memds request. confimring that Jefferson County does not any to provide afather response to the records request, ew pega<ed "IOkI"W ,eXemn C,unrysM1 aawte sumdmsa nd,f: RmaM.Yt'x repsurenme afJdnrg;equ4�t ultl n,e be m eaesiue'rnaXwmuxidr m,gmrysorinn auneiel opmdom FJkst m nnrce�does gas rz9urre ieslersnn Cwny argraenmodify is rmwn46usMnx p�aessn ror rappnd�ng to puNi<•word rearrtsu onto <omplyrt F•.tat asisem<eabo does a IeXwson Gwrymust,yeeta a rewat M1am one repuestw X doprg so mryewrimmtWy aaea�eMcso� counys.b'rlrty sa povee IWkst MM` the aeq�n nw p unrm of.awds worn aM emnptm na bem aaeded Mmplar.aran a. e,empoonsrs iso flown aan eanpaan ws',, �pmweaei,'g:� rwma �a.�m�aea. 'tam�m aWi.n �maar Meavr.+w �wv�wwrzs Fwwe to prmdn.ae<we- +`'u�,max,r. z- +ra,pxr<awnemwarm �va,m<uemem wawted a a pared '�aal. roe axwsaira.o�.r r«Wa,.,r eae:wwymtedwewm arz,rnw.am<r w�,uma: Maw." ouny wad,ree e.mb�n ni me admemrapme to.rev,eu. rot sam,�n Ip,un<wo� u.t�.�•. t�vr �e�may. ewm�ebemr«de a�.�wr;,.,r:,. �<, me ems. eeni.�.r, recvext r,r, r«wa. �m me,en�w a pw..d., ,Hoe. �erwrmm,ti,atm<,tro..med,�..rmeanonm ,mar«meaanv vmnan.rrc m.mare mxu,em.rewat wr+m ,coon, Fn„�. oerm�nw orne. F an,r+rrna,eep.nw m a,m,ma rzwai. <mrr,m�ng ma an,.an e,e.y mnr�� �mmd m Jefferson County Public Records Act Compliance Policy Page 8 of!"' \Page: 8 r It", 2.11 Human Resources: taec-ss- MeM 'ar `Human Resources" means the Human Resources MMTo e a - mirex ud,<ee 2.12 1ct7cnum County: Mets —1—c—'. "Public Records Officer' means the person who is appointed as Public Records Office, for Jefferaan County pursuant to R( 'W 42.165x0. 2.18 Record: `Record' means to case Ima - Rccorde Act or pursuant RCIN 1,, Mt,,blmg v. City -0 1— [cmai140 Nei11 v. CiyofShoreiine Icmxl mood-) N'uen �. Pierca Cofmn ,cdl ph. record,). BO—k! r. J Qdrson Cofnvolimcrn« attest log,) m aew,<ea [owt.'a rapg'rr mrwm aaesrreem sxnop zz„ npgm me pedprm em,mgprem mfdw wpwix.rymr.<upp wep.rea. wxlm�:<a, prmd,ea nr..rnar. o,l«y.gerl,v m,eie.:o pnr,.d mrm pr<rrx,<,MxK,. zas.i rlw, aes,mwl apes i�apaere<wminx.reppr wnx»ne regl,irmrm ae rx;peey/x ppry.p .oda ey rpkmeer„rsp: z. .arv..re.i z Hare rIm aewr appixm nv/ds,.w1 cm n,o,rl,gerl�r ep.,a. <pmmx,ipp, p, aam:tiip-, Md, z�e�+.s oa mor I,.K a per,ison roka� aMpted / eflerson <auny avrForimy' cpx :,:<'z ,xmyeem rz �tex aedxed ae['ropal<rKpre�masnea ie MM. "'wn4c auora', ss deslw eY Comments from page 8 continued on next page 7clferson County means Jefferson Counts. Washington.—A use l Jefferson County refers all county departments. their divisions, andsubdivisions. �Jj elidfav cau�yi.,gM<.a-plrrpwe ga.x,mMw<.ranax prwia.,r.,lyamm„rliaP sx� �I..a M+ur�k of m.ne<*n.,e,ervi<e, xregstr mcess uilines irlduh, W<u rwf knlutlroP°ace pl—ilg,,- 2.13 Normal Business Hours: —I,,i<ensinq.ro nrex e.�ewne lrcryePngL wliapq P,�In�q. plan g, a Hing, paM1, -d—III., =,7)”—u.ouM1posec nog mJ ge^ud dmf MxrA?i M wed is vis Paliw. 1— Counry re m it covnryaepanmenr,, tnnr amvon, -d subbvvons Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, normal business hours' mc -830.. to 430 p.m on business days . talo pa �z-m>,gee m'xse' 2.14 o cv: Pdiry mean N'n /eMeosm iounry wbli< Ree 1 Cnmp6ance-1y �tE ra,nsenn 'Policy" means this Jefferson County Public Records Act Compliance Policy. ex sfck<.n Mxa-rorm�<eo��� '_.li Productioms. mirex areu<ed "Production ofa Record means making the Record available to the Re estor Cor � tadl""Px:prl i, mkrarme,n me vw:op,.,�prma,pgenx,q rewe,mlvure de,Igrmea by;nx e.<M mxew pentyl,,, t mlpw olegyaslsn. Pemp,1 i, mrr<me„I„p-t,, h h, ..1—,ble to epmen re,yre pmkga ne:mmK Mara �' alaPecwtlmensma4rlg re Pe<wd me 0.pues,or rorinpeetar /or copying anx the replipxlpn. of eumprron arts inspection aad`or copying af[er the applicationoCescmptionsandredactions,ifany. rea.xlwla. .x,wmosap,prr aM Conuast with "Disclosure- j,?reY' Oekree 2.164 Pu ic d e r i o1iian 0e1efd `Public Records Liaison” and "Records Liaison- mean rsons +'z s°Nefed designated by an elected official or department director to aceepL track by log. an od„� a �w'oes<y'meats arrange for fulfillment of requests for disclosure of records within a Jefferson mi, rdkr:ep —ty wII,Pwprn.a cpm iml,eppuw' County department �rxn xp.<ea [aw[..d a>rmepr 2.17 Public Records Officer: Mets."are,xmex' area odxea "Public Records Officer' means the person who is appointed as Public Records Office, for Jefferaan County pursuant to R( 'W 42.165x0. 2.18 Record: `Record' means to case Ima - Rccorde Act or pursuant RCIN 1,, Mt,,blmg v. City -0 1— [cmai140 Nei11 v. CiyofShoreiine Icmxl mood-) N'uen �. Pierca Cofmn ,cdl ph. record,). BO—k! r. J Qdrson Cofnvolimcrn« attest log,) m aew,<ea [owt.'a rapg'rr mrwm aaesrreem sxnop zz„ npgm me pedprm em,mgprem mfdw wpwix.rymr.<upp wep.rea. wxlm�:<a, prmd,ea nr..rnar. o,l«y.gerl,v m,eie.:o pnr,.d mrm pr<rrx,<,MxK,. zas.i rlw, aes,mwl apes i�apaere<wminx.reppr wnx»ne regl,irmrm ae rx;peey/x ppry.p .oda ey rpkmeer„rsp: z. .arv..re.i z Hare rIm aewr appixm nv/ds,.w1 cm n,o,rl,gerl�r ep.,a. <pmmx,ipp, p, aam:tiip-, Md, z�e�+.s oa mor I,.K a per,ison roka� aMpted / eflerson <auny avrForimy' cpx :,:<'z ,xmyeem rz �tex aedxed ae['ropal<rKpre�masnea ie MM. "'wn4c auora', ss deslw eY Comments from page 8 continued on next page Jefferson County Public Records Act Compliance Policy Pae 8 f37 2.11 Human Resources: "Human Resources" means the Human Resources Officer of Jefferson County. 2.12 Jefferson County'. -Jefferson Count,' means Jefferson Counq. Washington,i As used in this Policy. Jefferson County refms all county departments. their divisions. and subdivisions. 2.13 Nomhal Business Hours: Various departments of Jefferson County have different business hours. H v er, for purposes of counting business days under this Policy, "normal busin s urs" means 8.30 a.m. to 4:30 p.m. on business days. 2.14 Policy: `Policy" means tbis Jefferson County Public Records Act C licy� 2.I5 Production: Production' of a Record means making the Recor I o the Requ for for inspection and/or copying after the application of and redacti s, if ren Contrast with'Discl—.,Q0 2,16O9Public Records Liaison and R cor s Lia, "Public Records L,aison" and "R iaison mean the pe n or persons designated by an elected official crit director to accept track by log. and w—ge for fulfillment of r e r disclosure of records ithin a Jefferson County deportment. 2.17 It. Re ord Off "Public Rew h means the person svho is imed as Public Records macer for wry pursuant to R( W 42 SGS U. 2.18 Rec 'Public Record'. as defined R %6 Public Records Act or pursuant Xcc RC. 36 '. S. Mecbang v. Clr) afAf—)remota), ()'Neil!,. CiryojSRorelim tem«I melaJam). Na— v. Pxrz C—h, tell phmc,cants), &e kl v. ✓ef rson Cmov) [inf x log.) ,ehae:m mr �e�a.e asar.,mmi r. m. prrtam.,�a msae.�,mr�a«p hmrorMma�wra.,m. w�ra. mee....«sora syane:o.rouny- IrvrrA -z IrvM � "'rieaexeCwunry Amem««cess logy Gryol Tlw,eline lrm+l melyd«al. Nim�v Gy olManr«(esndsl. n'N' vr9-M 9v Rene Count' feel vnorvr,««ahl. gNrma a z- Jefferson County Public Records Act Compliance Policy Page 9 of3'1\ F \Page: 9 2.19 Record holder "` P`gietl f0 1.96' MM9%' "Record holder" means the department or staff hating custody of a record. 2.20 Reaucst- Requesi' means a request made to Jefferson County pursuant to the Public Records Act for disclosure of records. Requests for records made pursuant mother sum cry nghm of access to records shall not be considered _records requests" but may be handled .it., this Policy. 2.21 Reaucsmr: —Req—tor" means the individual submiNng [h at Cor 2.22 Scction: -Secti a section or a subsection of this Policy. For the avoidance of reference to a section includes a reference m evety subsection N that seclio� but reference to a subsection does not include reference to airy other subsection that section or in any other section. 2.23 Staff: "Staff' means collectively elected officials, oRcers. and empl of arson County. 2.24 Web Porml' Web portaf' means a specially designed w i at brings. informa;m!,,ht' from diverse sources in a uniform way. a nal, as used in this Po a web portal on Jeffmson Cowry i or on a websim of a Jeff vendor. 225 Writ nlnfarmauan "Written inf ori' means "Writing'. as deli ;the Public in case 1.09 3.0 General Provisions 3.1 Public Rccords Act C ce 3.1.1 It a icy n y m provide access 0 records in co ce 1-12 nts of the Public Records Act, RC W 4Z_ 16+. t 3.1.2 1' policy of Jefferson County toprovirk fullest assistance inrequestors -it the mosrtimely but practicable action in response to requests for records ae.. oddea 'tener,a� e.mavwuK axon. k+ cemda�:a �dmr=ase+o d w' +im.g, i>udm tangeq.� -1 �• rypereif gnpFbrg, antl eeryoaxa sans afrx amg •rryrPrm am acre �P naWng. bur wtll I—nri�as qcw newuna,, or syn ds. a. ++adwpers.m•ps�m•g^eri ar�wPx roves. P^atPgnpbi< ram, ,.eN vdngs.magner ..,ac�m m,,e+.•ena,.rowa �ama++s,. a,a otnr a«�muns u6ag eisung eaau camPasrwns Fore wnaM1 nlamuzion maybe odamd a rnmlared `` � �Mawl ""writing'. m tlen•ea by me wN;r axon AFr o+m cue Ma' r 'Mrae ortloub;. de..+n��c rta. cru �ema;l.0uz meet miatlefidzion sM1 be caraiawxl xnrten infmm•aw aM ae is ea Mewl 'AcwussSs. aM wn nek�N an«be arrC.-r.o,awae wwe.r as:iaaa<a+a,aaeesmrs' tau aaq•aee MeM."me mo,ttmeiy buspxnzade xnon,� w se+o eaues+s ror oxo+a, �+i Fonrsize "�nnt'sn•ngeO ro "t 2'. area oadea sea acvy.x w Dram' anraPdr nwnam oextea �FeN Mmb'gn CM1x+ged Fad s;x N"cMngetlm"r i" Jefferson County Public Records Act Compliance Policy Page Page: 10 8 Jeii2rsom£a's custody, that state law or court rule do not exempt or '�Q s'v" r°a prohibit Gam production, •,mkO '-�� arm sns..e 3.1.3 This Policy provides straightforward, predictable practices riding iaeir to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act, This Policy provides appropriate +new ntzn;,m.v.ssry orlMenm caveymvro«e.na<na.�:t,.amrd„mori.�am. mei amdy wi vr.n��ds.,n;.��..:<w,.w�nror safeguards for information exempted from or prohibited from production ,K„a,,,, by federal or state law. 3.2 AAmdwatnhty. /�N;,mn;� '>�•°"'dN �>�v mmew aKwa. M:..a...ml•n r„d.�. e.r« s .cownvmoa.w.e;m�,,,c.wa- 3.2.1 This Polio, shall apply to all employees, elected officials, and advi _ boards and commissions of Jefferson County 312 This Policy does not apply to responses to 1 discove uests gocemcd by the Washington Courts Civi es or the F at Rules of Civil Procedure. 3.2.3 This Policy does ria ly to ju co eco or adminatra[ive r � s requests Was l ton Courts' General Rules Court nee emlly exe re Pubhc Records Act and are subcc ase direetk the Courts anile e Washington Courts ire A[ Redall and General Rule ? t 1, 3.3 Non -Discrimination Rcouirement. Procedures gmcming access to records shall c access to records without disenemnation or dtstinctma among rcquc and without regard to the intent of the requester. and such requesters not be required to provide information as to the purpose for the request, ept to establish whether inspection and copying would violate RCW 125! n x _ RCW IZ 56240114), or any other statue whi exempts or prohibi aduction o(spccific information w records m rcqu rs. 3.4 Records Arc the Prooeriv of the State of Washinama All m cpublic records shall be and remain the propeof Washinguirt' and of its people. Jefferson County. a politic -on of Washington stat:. Prepares, owns, uses, and reams recor n M of the people. 3.5 Use of Available Elecurmu so s Fncoum cd. 3.5.1 To redo tion oCpaper copies -din dre to cest of efficiently and e. act, to requests for disclosure of records. the Public ids macer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the ireennd RWe 3t t �t mrt.q.aa ix mtM�w�cewty vH,rnm.;m...a sr �.r�r.�c.�,n.ri ane rM,dv r,. v�oxner w..a-m. xnonsao....rw..F;.gto�avvdm,.�.�a.,wix,na r.�m�rs. v,ev.rn vnn.:ur.mwda�e.� `m s.gv�•e ( "IMnwn County” M�9.'r arta or npeope rMerson iouniy.apdMd whams o�arwa y .t .oep n.owm.uxs..na rnsm reroras un xndl orme o.rok" wcwm �ereo s- Jefferson County Public Records Act Compliance Policy Page `. Page' 11 mquetor specifically asks that the records be provided in paper or non- s electronic fomml. 3.5.2 Iefferson County may use collaborative public records inquest management-3s- xw saftwe, with secure access. to assist in complying with this Pub- alin.36 36Im Icxes .Available to the Public �h ♦""" ms trona Pursuant to PCW {+.5607111{l, iCLfrrf-+ a inclusive index of public rcw&Wased on the following findings: 3.6.1 Maintaining an all-inclusive index ofpublic records is unduly burdensome Rjoyis "' and would interfere with operations, mT,e.a 3.6.2 Jefferson County is comprised of numerous separate deparnnents, their "rns �r nmaa as�m bhr.a"a�cw„ry�:m. nkam"e"..emcac"y camm9,mM.,." divisions, and subdivisions, mans of which arc located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.64 Because Jefferson County has raids which arc diverse, complex, and stored in multiple locations and identified in various record-keeping systems. some computerized and some on paper, it is unduly burdensome m maintain a central index of records. 3.6.5 Ifa requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. {.l.l The Public Records Officer is the person who is appointed as Pu be Accords Of ter for Jeffcrson County pursuant to H(C\C I' 56.;X0. vii: Public Records Officer for Jefferson County is the Clerk of she So" of Counts Cocurnmienci s. �\ e cr � hlic Records Pae 12 of 37 Page: 12 4.1.2 Jefferson County shall identify the Public Rccaasits web site ,s°�^"rtod and by prominent display in the once of the 7efrcrson ou Administrator. 4.1.3 Pursuant to RCW 4? 56 590, the Public Records Officer may appoint a '�to`~R`rn;q .zwacw. designee to fulfill responsibilities of the Public Records Officer. inMr.'rcw A-- 4 4.1.4 The Public Records Officer or designee shall oversee Jefferson County' 1 [N— compliance with the Public Records Act and shall serve as primary of MMI wcw.cu� contact for records access. 4.15 The Public Records Officer ar dcsignw a ve the Callmring responsibilities: 4.1.i1 Oversee compliance wish RCW 4254; 4.1.5.2 Senn as a single point ofconmet to coordinate Jefferson County's response when a request involves multiple record holders. is broad in scope. in is otherwise complicated to fulfill; 4.1.5.3 Route requests in appropriate Records Liaisons in possessiat of records; 4.1.5.4 Serve as a resource and provide vaining, technical advice, and in inaction to Records Liaisons and other stafron topics related to disclosure of records; 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4,L5 4 Consult with Records Liaisons and otter staff about fulfillment f records - 4.1.5.7 Approve furors, web portals or software for use in pruce ing records requests; 4.1.3.8 Along with the Prosecuting Attorney's Office. dimemina legal updates and policy changes affecting records requests: 4.1.5,9 Collect and analyze relevant information related to efferson County's performance of records disclosure; 4.1.5.10 Maintain the required information and empty nuw th the be'_fI practices anal reporting requirements contained in RC'W 40.14: and, �V Jefferson County Public Records Act Compliance Policy Pagc 13 of r \Page: 13 4.15.11 Maintain information relating to records on Jefferson County's ^""•bive° Ty al:'ra' svebsitc. , .wt. -sr 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment ofevery request will be done by the Public Records Officer "designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison. as appropriate. 4.1.7 Forms or web portals to request records shall be approved M the m Records Officer a designee for general use by sWf As needed. c Records Officer or designee may approve alt: -I request web portals that me specialized for inquest of records w statutory considerations, such as law enforcement rccor 4.1.8 The Public Records Officer or des shall cop" with and reporting requirements under RC W 40.1419 4.2 Chief Civil Deputy Prosecuting Attom ri, 4.2.1 Pursuant to RCW 3(.27027, the Jefferson ty Prosecuting Attorney is the legal advisor to JetTa% County all its officers in all matters relating to their official business. 9 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor in Jefferson County. including its Public Records Officer and designee, Records Liaisons, and other staff Other attorneys from the Prosecuting Attorney's Once may also provide legal advice regarding public records requests. wer, aew.�ea ar'cn.ar�w.14acw- Mewl +ren nak ee See M1wter.eta0.CW95eeChaprer1ai�0.CW.a- 1 Jefferson County Public Records Act Compliance Policy Page 14 -f Y7' \Page: pa 14 4.3 Records Liaisons and Backup Records Liaisons. 43 1 There shall be a network of Records Liaisons and Backup Records Liaisons MM 'r rmiM�<.e in every departrnent of Jefferson County to assist the pubhc m obtaining —`+tz m. d<w ri<am„°„c�°ynw,nw gn °.e,c es <w n.<we: - zz waw — access to records. Each elected official and department din • ur—sll�t .. °„� rywm��,�, ryo<n k""« jo°nm<°�+n:A c wu�<w°rc,+.a:. designate at least one Records Liaison and ecords Liaison. do z s z sssMn u +6°ycm,„ems+.szs Fach department will mfo tc ecords Officer or design .co of all --�” Records L ackup Records Liaisons. 4 3.2_The departments of Jefferson County that shall assign a Records Liaisoe.: / and Backup Records Liaison are 43.21 Assessor 43,11 Auditor 4.3.23 Central Se—ces 4.3.2.4 Communis Development 4.323 Cooperative Extension 4.3.2.6 County Administrator 4327 County Clerk 4.3.2.8 County Commissioners 4.3.2.9 Emergency Management 4.3 2.10 Prosauung Attorney 43.2 II Public Health 43.2.1'_ Public Works 43.2.13 Sheriff 4.3.2.14 Treasurer 4.3.3 Under the oversight of the Public Records macer or desi e, Records Liaisons may accept requests for records in the posses on of their respective departments and may respond to requesters in curdance with the requirements of state law and this Polity. including openly logging and tracking all records requests received by their de/kdF ar cots. 43.4 In consultation with the Public Records Offiesignee• Records Liaisons may communicate directly with requerward requeststootherJeffenonCounty employees asc.csquested recordscopy requested records, arrange fortheperablic inspection of requested records, and maintain files and logs of requests for public records fulfilled by the department. 43.5 Records Liaisons shall report metncs of public records disclosure activity to the Public Records Officer or designee, in accordance with RCW 40.14 02/. JefR-rson County Public Records Ac[ Compliance Policy Page 15 o1-17-_\ Page: i7 -_\Page: 15 4.4 Training and Updates. "" Rip1ie° MM 'rr The Public Rewrds Officer or designee, or the Prosecuting Attorney's ice shall its tee distribute updates and protide training as appropriate on laws, legal precedents, and +rr policy changes affecting fulfillment of records requests, as appropriate. as Mr 5.0 Public Records Requests ,aie s` ' 5.1 Format of Remit - 5 1A emit .5.1.1 No official format is required for making a records request. 5.1.2 Jefferson County recommends that requesters make requests in writing, using Jefferson Count's approved submittal form or approved web portal 5.1.3 When a inquest is rewired that does not include information so "" m respond to the request, staff may ahempt to obtain clarification im atety and/or recommend that the requester complete and submit a fa provide information more accurately needed m identify recor or respond eficchvcly. 5.1 4 If a requestor chooses to submit a non -written request, staff shall transcribe the request and aucmpt m obtain seri anon Cram [he requester. prefemblp in writing. that the transcriptio orrecdy memoriali�as the request, and cwsult with the Public vrds Officer or designee, as necessary, to ensure an appropriate sponse. Regardless of whether verification in writing is obtained, f shall fulfill the request as it is transcribed. 5 2 Fav Notice of Records RcwesL /,,c Jefferson County may accept records requests. If presented with quest, staff I bring it to the attention of a Records Liaison ediatek or the earliest opportunitythere esmr's obligation to provide Jefferson Count with fair notice a tic Records Act request has been made. Oral records requests. ly when presented to agency staff other than the Public Records er or designee. should include reasonable and clear notice that a Public rds Act request has been made. irt Jefferson County fair notice of what is being requested undm the ic Records Act, requesters arc encouraged to make written requests Jefferson County's approved submittal forms or approved web portal, or take other steps to identify their request clearly as a records request. xample, when a request is submitted with other documents not related R(7w 42 56 080(2). Iefferson County Public Records Act Compliance Policy Page 11, of 37C \Page: 16 to disclosure of records, the requesmr is respmsible for providing sT•"s�"'a reasonable notice that records request Is included. -'lomc-w MmI rr 5.3 Lists of Individuals. cn.,ua 5.3.1 Requests for records that include lists of individuals require a signed certification by the requesmr that such lists shall net be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm request is not for commercial purposes. Hgwever, bcture denyi r for records on the basis that the request is for cornmerci , the Public Records Officer or designee shall consult s the P muting Au mey's Office. , 5 4 Bot Requests. Iefferson County may deny a Bot Request in accordance with 6.0 Jefferson County Response to Public Records RequcW imMwma�F o nerunsemid apnrtimr of ieXe.sm Courcy" INe.{.5nxmnance wtF ro —*cM1-m 6.1 Required Comnrunicati n R c Li i n r aomexeguest. sw S �towl.'ma, aep,nmmt:uPemam or G.LI When the request is not r ved a. staff'shall communi s+—n request and the res e m is Records Officer qr tgnee far ids„cn.pn...o.�.uw.,zsKscw.zssesogt,�- purposes of plv- the logging and re g regmrements contained in 0.1479 ic,.Pni<o,m.m oanm 6.1.2 Date of receipt shall be recorded o 1cfa of each record request and request forwarded to the cords Officer or design. by el time not have imediate capability m forward request to the �1� Records OBicer or design.- staff shall it and and prmidc the department's Records Liaison with die request fo inuanamittal to the Public Records Officer, or designee, as so as is practicable. 6.14 Until the Public Records Officer or Ignee provides confirmation. th records request is the responsibdiry of the department's Records Luisoq,,O 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date 7 p' Jefferson County Public Records Act Compliance Policy Page 17 of Page: 17 6.2 Requests for All Records" is Insufficient. tom" MM"r (,.2.1 The Public Records Act requires that requests be for identifiable records. _,,,, „•,,,+,,, 61.2 A request for all or fi 7 4' S or this Policy. provided that a request for all records regarding Mit 'new a panicWar topic or containing a particular keyword or name shall not be ,a onsidered a request for all of Jefferson County's records. ee � M is for 'a records relating to. "all rec., rem. all tecorSl pertaining t therently ambiguous and requestors are encoum avoid using such term uypossible to avoid unnecessary delays. Requests far "all records relating told ids regarding; or Fall records pertaining to' may be interpreted to mean those s that directly and fairly address the topics that are reasonably idennfiable rr�� ds Liaison fulfilling the request. A Records Liaison may seek clarificai�f any such request following the procedure prescribed in Section'6 M' , , 63 Prompt Response Required. aie°,,,,,x rw � or,en.R.. cI y.,Ko.n 6,31 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of <omplyin with the 1 •Yid arm oa.me reporting requirements contained in '� fav o. oa.ra 6.3.2 Staff shall respond promptly to requests Cor records W accmdanc. with to requirements of RCW 42 iin.i20 and this Poticy. The deadline for initial response to the records request is 6[e (5) business days after receipt of the M•«Incw ao u' request The five (5) business -day response period begins on the business m s.vuaa day immediately following receipt of the request. _ Meq "s' 633 Jefferson County shall boom requests for identifiable records that are j �3R 0"`�e°.�ssoeom. received by any mode of communication during normal business ho +a sm a.v+�eo.�sncw. including by telephone, by moil. by email, by web portal, or N 6.3.4 Requests for identifiable records mce omal business hours shall be considered received on die mess day'. rm s.vm..e 6.3.5 Recor sts will beprwcssed in the order that r e lunch.M"t-s pone Requests may be fulfilled in thereceipt- easily c fulfilled requests are not pos a and omplmated� requests, strictly bee cy w ed later. RCW 4256 n&1(2) 6.4.3.2 Clarification shall focus on information de m - -fy responsive records. 6.4.3.3 A11 clarifications should - vrilin tav be mal. In the case of mal darificaua in ed in dm conversation shall document the [ficau writing and include the information to the re st file 6 4 3.4 ropriare, as part of fhe clarification process. staff may rk with the rcquesmr [o f d ways to narrow the rcgncsl. When a rcquesmr agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original by RCW 42.36 53011Xb). 4256520(I)(d) 7efferson County Public Records Act Compliance Policy Page 18 of Page: 18 6.3.6 Initial responses, installment responses, and final responses from staff IT aj� Rniiee requests fm records shall be made in writing and mm' be by fax, Ietttt, mssr notation on a request form. ar email. *T�„�n rn<dR.+mM+at uu<a �snun, 6.4 Types of Five (5) Day Responses. A. tnsn+.e The initial response to the requestor shat me within five l5) MIA-.e business ses . b - , da, 'reniit,is[ o names of the dewvtm u,> I'a ,t., c.rriM, iMnrre IMM to w ten a reques r. r F follmving . �' types o 4 amP.n+ 6.4.1 Provide Records: Provide the requested records, when possible. joy e0 tnM" +vices u+ �n+wns � 6.4.2 -rcet a quesmr [o me mumen nn a.gn.e 642 If the cords requested am available via wnro�a+me mr websdcesuff may provide a direct link to the requester m the a`"°""` online documenta �tatet "+ss.aosinwo�mn.wn+.- 6.4.2.2 However, if the requester notifies Jefferson County the requestor / tn..n ssat,�e+aa nMn��wa��M- cannot access the records through the interact, then Jeffer f srdx•e County shall prm�ide copies of the record or allow questor'a'""`°"°"' m view copies using a Jefferson County computer.` n n"I a 64.3 Ask fm Clarification of Request M "%' 643 1 In acknowledging receipt of a request that is uncle n'roar+s° aegnm County may ask the re(pestor in writing to pro erification and will provide, m the greatest cx[c ible. a reasonable Otto pa-+`Pfj."e a estimate of the time Jefferson will require to respond the request if it is not clarified. 6.4.3.2 Clarification shall focus on information de m - -fy responsive records. 6.4.3.3 A11 clarifications should - vrilin tav be mal. In the case of mal darificaua in ed in dm conversation shall document the [ficau writing and include the information to the re st file 6 4 3.4 ropriare, as part of fhe clarification process. staff may rk with the rcquesmr [o f d ways to narrow the rcgncsl. When a rcquesmr agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original by RCW 42.36 53011Xb). 4256520(I)(d) % Ieffersm County Public Records Ac[ Compliance Policy Page 19 of 37� \Page: 19 scope. In such a case, staff may create a new estimate of reesep.ee reasonable time required to respond that corresponds to the expanded request. .ren u�nee 6.43.5 If slalfis unable to identify with confidence the records sought by a requestor. in when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Art= Once who shall review the request and provide dir regarding its fulfillment Staff may also c with blit Records Officer or designee on su uesrs. 6.4.36 If Ne requestor fat spond to a reque clarification. and the entire,for records is unci erson County need not to the request for r ' ssuch case Jefferson Co most advise the r or thatthe requeslwill be red closedif Illstar falls to provide clarifcatio requested within 30 dnvs. 6,4.3.7 In all events. Jefferson Comf must d to those portio of the request for records that are clear." 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that I erson County dcea rid have retards responsive ro the uest. If no records respunsirc to the request exist, the i al response should inform the requester and state that it to mal, defiria c response. 6.4.4.2 If Jefferson County does of have records responsive to the request the initial res se may direct the requcsmr m another agency the to re the records requested. 64 5 Provide a Reasonable �Amme of Ttmc Required to Respond: 645.1 If the tial response does not include copies of the requested rev fefferson County shall provide to writing a rezriable 'th mate of time required to respond to the request. Additional time required to respond to a request may be based upon the need to clarity the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments a employees of Jefferson County, or other agencies affected by the request, or to determine whether any of 4 RCW 1251, i2 I)thl we•J TM�:r �ru,r aepacee __ —�o el:'ea eecros;dnee Amee- _. irvewi.'Jaysme Jef rson County Public Records Act Compliance Policy Page 20 of 37-� r \Page: 20 the information requested is exempt and that a denial should be made as to all or part of the request 1.4 mom: 'ir 64.6 Installments: An initial response may propose fulfilling huge or complicated requests on an installment basis and provide a wriuen estimated timeframe fox preparation of the fust installment 6.4.7 Wriuen Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal in state law. 6.4.7.2 If there is any question as to whether any record, in any of -record, should be exempt from production and should be denied from production to ane r for withholding in redaction). a Records Lim I con Prosecuting Attorney's Office or the P cords er or designee. and shall give them oP i, 'Pett the subject tecerd(s) before ane den ofpr is conveyed to the requestor. 64.7.3 A wnue Cement of s u: ons or the dem most ac y any deor quest." Any de should nform the requcs t it is dr r nal. definitive r nsc. 6.424 Sec See s through JjW of this icy for additional inf ation regarding exemptions the withholding m dalung of responsive records. The Public Records Officer or design shall provide to every requestor a final. definitive response_ confirming tha effeisen Ccan, does not intend to provide any further resUonse to the rttm request The final, definitive response shall be P., ided after imxstigauon determined that. XfmaI&maWI.mmtrfocccuds csi that are responsive to the request; or, responsive to the request that we not being withheld under a poon have been provided; m, 6,53aWImmt ofrecords respons ve to the request that arc net being nder a valid exemption have been provided. Requests to Create Records m Convert Records to a DitTmem Format or Medium. 56 520(4) •w en sty art..- w-i�.-Th'rn. a„su— oar« a.e­� Icff rson Coumv Public Records Act Compliance Policy Page 21 of \Page: 21 6.6.1 This Policy shall not obligate staff to create electronic in other records, to convert electronic records into a format or medium in which the records [pm]. w are not already maintained. 61 When asked by a requester in convert an electronic record imm� formal staff is encouraged to do so whrn reason• ololit at v / feasible, provided such conversion i t y burdensome and does not interfere with essential operations. 66 3 Request— may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 67 Responses m Rcaucsts are Records Them.1%cs and Must Be Maintained. Responses to requests for records, including responses by email, become records subject m the provisions of the Public Records Act and the retention requirem of the Office of the Secretary of Suite. and shall be maintained accordingly. 6.8 Rcyuests for Personnel and Employment Records. Human Resources shall review all personnel and employmen s prior m Me- 6.9 elease. C 9 Reauests for Court Records Although not covered under the Public Records under this Policy. any records request received by Jefferson County Court or District Com for other Jefferson County department records f yarded to the Public Records Officer or designee immediately upon rec 6.10 Locative Resoonsivc Records. 6.10.1 Staff shall make a ma blea ort ro identify and locale all responsive records. 6.10.2 When idcnfityXrecordsAc Records Liaison or Public Records Officer or dcsignecm.ask the rcAfiestor for clarification or refinement ofthe request, 6.11 Jefferson County is not required to create new records in respomic to a request for records. but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive to a Sav WAC •td -I 1A I OOZ. �s s.w.rm MAs. �imr�� rain �. , Jefferson County Public Records Act Compliance Policy Page 22 of 3T request that otherwise would not be produced in the normal course of business. 6_I L2 The determination of the feasibility of sxeaung such reports shall consider the ability in redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requester to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist Jefferson County only is required to provide records that exist at the /1-1— is made 6.13 Agreements in Resumusc to Voluminous or Fr en 1 currih e Jefferson County may enter into any contract, memorand h of under ding, or other arrangement with a requester in response to a lummou frequently, occurring inquest An agreement of this type may al include ernatiw co arrangement to the charges authorized in this Policy. n 6.14 Immcdiak Precision or Ins coon of Records Over c Co tcu" 6.14.1 Staff man, respond immediately to oral r csts f records without need for completion of a written reques nuy in a request log, or a Britten response by Jefferson County w all the flowing conditions a hst 6.14.1, I The requested re rds are e y accessible to staff, 6.14.1.2 Staff canIfhll the r est without referring to Records Liano or the Public ecords Officer or designee: and 6.14.1.3 request is n for records that are subject to withholding or redaction due io exempt:-. c-sid—ti-s. 6.14.2 en a request is received in writing and the requested records are provided the requester in-person at the time of the request, a separate written response by staff is not required. In such cases. a notation shall be made on or attached to the request listing the identity of the requcstor, if provided, the records produced. the costs charged, if any, the name of the staff providing the records. and the date of fulfillment. RCW 43 56.110(4) 22 m M ana.rm t el."wodustim no��+s or eemfry smwa.s.uoos s.ur mn4s. uz (• Jefrerson County Public Records Act Compliance Polity Page 23 of `L,;✓` Page: 23 6.15 Exemptions Cmm Production,�ioiet �><m ;Nene 'rr' 6.15.1 Requested records may be subject to exemption from production under the Public Records Act or other statutes. nam rew�.w �e e.�psoM,.e pe,m..��.eetw�kt�r<. tF..er„ mn m,r eetwmme a.t rmum,�p.,xm�ree wee�,ee e.e� emptlon applies �t long w we�k:e..e,ne puM, mcest Su,F prowrr�nn.FW be mtle g_ renew by aw CFiet Ci mepury To:e,urng 6.152 Some records may contain specific content norm production. The presence of cxcmpt mf, ores not necessarily exempt an entireiaarpo a nwan,.kra ammmeen record fro n t._l . nep.�n,Mt:' nNwe, u,em: ep pu,e 6.15.3 With few exceptions, exemptions are permi>would notoscriptive; I et'ae,era nwaers sero. aep.nmanu" therel'ac, JetTerstm County may determine thends m t"'°=pYO"Mp R---- or oduced even if an exem tion a lies if doing sublic `" imerteea P VV SV /.. sn an n rme near sero,¢: orae.bateres[. Smch production shall be made only after Chief Cir Deputy Prosecuting Afton y. 6.15 4 Common exemptions are listed 6.16 Withholding. or Redacting Records Bat 6.16.1 Requested recur ly may thhcld or redacted swouloy effldrncms, whi al be documented for 6.16.2 Depmm ¢cords Liaisons are responsible for Iden exem mills or records that contain potentially exempt 6.16.3 Departments' Records Liaisons are primarily responsibh any redactions ofexempt information that are deemed neo own departmental records. 6.164 If there is any question m in whctho records or portions o to a request arc cxcmpt from production, the Records Liai. the Public Records Officer or designee and thefi.hol, Office, who may inspect the subject records befor to the requestor. 6.16.5 Depmucnts ma} adopt standard proccdtucs for portions of commonly requested exempt records. Such pre approved by the Public Records Ofrrcer or designee. 6.16 .6 When records are.ohlu,ld or r.daacd, consistent with the RCW 425(,2M the requester shall be provided. in explanation of the rcason(s) that information has been withheld or redacted. 6.17 Exolanan of Exemmtions. 6.17.1 An explanation of exemptions shall(]) identify the record. (2) cite the statute that the exemption is based upon. and (3) provide a brief p Iefferam County Public Records Act Compliance PolicyPage 24 oC333''�/f�� \ Page: 24 explanation of _ the statutory basis for each redaction or withholding of a \ P,— — - reuird. loldl �r 6.17.2 The bnefexplanation should provide enough information for a requestm %--rzrx.m.r.m�..+w..x.ma v,.a•«„s•.r„m,n,.r«,.n��dmmr.,m.�n.;a e.��;.w„mwen«m.w..e.�«en,. to make a threshold determination ofwhether the claimed exemption ta proper. Nonspecific cls id xnmpri— h as "prepvintary=-ems �^^"•"°^�^'°^°a 'privacy" are insufficient. _ tr.x 6.173 Individual occurrences of the same redaction may be listed generally in the explanation of exemptions. For example, an explanation of ■o' 11 exemptions need not list separately every occurcnce of the redaction of w,,r�n3...,m. an individual's social security number but may list one time that the / -se sr,,ss w,.n oy.i o., n..m.,imv s.. s..r.;szs ­n'a.. number has been redacted throughout the record. 6.18 Summaries ofCommon Exe ptions 6.18.1 The following arc summaries of common exemptions relied on Jefferson County: 6.18.1.1 Personal information in files maintained for elected is and Jefferson County employees to the extent that uc n would violate their right to privacy, including limited to addresses, phone numbers, Social Sec ty umbers, driver license numbers. voluntary dedu marriage scams, infomuum about dependents, an v amishment deductions IRCW 425E 230131 and RCW`4 N 03 : 6.18.1.2 Preliminary drafts,endmcy atis, and inrm-agen memoranda in whit r pions are expressed m policies formulated or reced, except that specific retards shall not be exempt whe u cly cited by Jefferson Comity in connection with any Je s Counry acum (RC W -1256.280): 6.18.1.3 Alla ons for public employment, including the names of a, resumes, and other related mamrials submitted with s ctw a napplicant(RCW4?Sb?401ti):-d. 6.1 Personal information to include performance avalumions in files maintained for employees, appointees or elected officials to the extort production would violate their right to privacyRf C.W. 42St 30(3) and RCW 41.i(, Out 6.18.15 Records in investigative files, including police and code enforcement investigations. to the extent that nm -production is "4w R -1H ing A,—uid'onv. CityfC. Moires I99P M3M. 165 W -h. 2d 525- Washmgim Supreme Cm rt_ 2.19 Jefferson County Public Records Act essential for effective IaweIrSe nt or for the protection Barry person's right to privacy (RCW 42 "t 2,4111 6.18.1 6 Identifying information of victims or witnesses of cranes un— certain circumstances (RCW 32.56 Nut?) and 151): 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290): 6.18.1,8 Records reflecting communications between attorneys Jefferson County employees "here legal advice is t or received (RCW 5.60.06nQ1); G.18.1.9 Recarda that are protected by rca rets law(RCW. Iv. 10 and. 6.18.1.10 Valuable formul esigns, drawings. computer we. code or object c ,and research data obtained elierson County svi - ave years of the request for disc re when production ould produce private gain and her oss (RCW 42.46.270(11). 6.18 .2 The list above is not exhaustive, and J rson County reserves the right to assert any a rnpuons permitted b v when Jefferson County determines that such exemption applies and serves the public interest. 6.19 Ins -cum, of Resrmnsive Records. 6.19 .1 Requesters may choose to inspect requested records prior to. or in lieu of. staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to req—t—s 6.19.2 Requestors may make arrangements with Bre Public Records Officer or designee, m a Records Liaison, to inspect reccurs on Jefferson County premises during normal business hours ata mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times. provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County most take reasomable precautions to protect records from damage and diseigani-tum, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection. which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided, Records shall not be altered in any way, rearranged, or removed from folders or removed from Page: 25 � arm a.rmnn *im Minbut1n Gnwetl Jefferson County Public Records Act Compliance Policy Page 26 of 3% Page: 26 Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6,19A Requesters may not allach devices or cables to Jefferson County systems or equipment Because of the potential for introducing a threat to the secunty romr'zz' ofmothemise damaging)efferson County systemsorequipment,Jcfer"' County docs not alloy reques cts to attach or insert their own devices or (N� _13. cables into any Jefferson County computer system, equipment, m a port. C.pymg.f records from. Jefferson County system or equt t) be done by staff The requester must reimburse the Jefferso cost t m. for the storage media, and such copying will be done 6.19.5 Jefferson County reserves the right to make records fm inspection ratter than provide the original records pection. 6.19.6 Requcstors may not unreatlopgWy disrupt to operations a e Count). excessiveh in a with operations, or be unrcaso y rupt or disrespectful to stuff't 6.20 Electronic Records. 6.20.1 Records available in electronic (oro tha of require on may provided to a requestor in native f less the speci asks that they be pro in pa other form 6.20 .2 When requested and dean easible. cle 'c records ay from one format to er pmvi ch con to s an burdensome to s 6.20.3 Thc cod of a tr n of an tr c r rd an altumative electro Cormat at quest of r es of constitute a new record. 6.20.4 Scanning r rewrds e tr c copies of the records is a method of ca g paper r not amount to the creation of a new 6.20.5 Ito azcor F idi CW h56.u7n and the statement ofcasts in this Pohcv, Je may chmge the requestor the actual cost of the electronic r file transfer of the record, the use of any cloud -based dam and processing sen ice, the cost of transmitting records in an WAC ad-l2-a1a22 v' Sw RC )2.5(.120(1). '� Sw RCW 42 5(,.121h l) 111Jefferson County Public Records Act Compliance Policy Page 27 r - \ Page: 27 electronic formm. a swat transmission device provided °16 ^ e° by Jefferson Country 6.21 Installments. 6211 If appropriate, records requests may be fulfilled in installments to proside the fullest assistance to requestors. rm Imn ed 6.21.2 Installments are subject m the same de It �Fm emnm..c records described in +cg n a 6.21.3 When insmllmenls are provided and are not claimed or inspected within 30 calendar days from notification of availability. Jefferson Counry may +tz3saeazzss.izonrza.. acw¢ssuan. zs s.. scwawmwn. postpone compilation of subsequent installments or ueat the request as abandoned and closed. In such cases. staff shall consult with the I. cl Records Officer or designee before postponing compilation of an ic, m<u.mnn oae.d mstaltrient or treating the request as abandoned and closed. 6.21Amrec en recon m'e ords has "irsnw u-a-marz. ar been withheld or redacted, an explanation of exemptions (see must accompam each installment in which tris is the case. To pros in'v^•^'"'ore3 eM1 npe.<.e "� mnn+,"e m.sma.r�ds �, s... Ha ....d.«.a�.a. .""r.,e,"p�esr n..' fullest assistancerequestors, it is not sufficient to proside a smglc, combined explanation of exemptions onty with the final installment. �iO1i�vle�kw <—d:oM-m., d.,_ +m<on+.e+n< war amt 6.21.5 The Public Records macer or designee must attempt to contact the.r".. .�a'ms+a. requester prior to deeming an installment request abandoned. 6.22 Reauciam Rcsoonsrbilin. 6.22 .1 Requestors shall armnge to inspect records or claim copies of requested ecoids within 30 calendar days following notification by Jefferson County that responsive records we available fm inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice [hat the records are available and in< s weekends and Jefferson Counry holidays. The Public Recor let or designee may extend this period, as appropriate. to ensu est assistance to requestors. 6.22.2 Requestors must respond to requcs' r clarification within 30 calendar days of being contacted or a r st may be are abandoned A final, definitive response must be sen[ to the re en a reque closed. 6.22.3 Prim m closin requcs t Records Off, or desig c Cher the requester still wants the requested Fon�.ryk �Fm9etl Inew4"words." ABY MMM . sso>am+a- Jefferson County Public Records Act Compliance Policy Page 2S \Page: 28 6.22A If a req—to, fails to claim or arrange for inspection of requested records to°'" Panueea ore a ex m co iex of requested MMr records. the request may be deemed abandoned and closed. t,res PePu.ee 6.23 Ordcr of Processing Requests To allocate msomces efficiently and fairly and to provide fullest assistance to all requesters. Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters lobe processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request (c) Whether the IT Department must be engaged; (1) Whether the recur arc not easily identified, located or accessible; (g) levels of current smffin (h) Whether research is required; (i) The amount oftime needed b) staffwhose )— responsibility is public records: Q) The number of departments im'ohe , (k) The number of employees who may have responsive records: (1) Wheth third -party notice will be given: (m) Whether recicwfor exemptions is requir ; (n) Whether redactions are requtrcd: (o) Whether legal m%imv is required d, (p) Whether records retention recicw is required. 6.24 Allocaunst Soccific Amounts of Time and Resources 625 To provide fullest assistance to all requesters and t prevent excessive interference with other essential operations, the Jefferson umy Departments may allocate specsc amounts of time and ¢sources to spending to a request. This may include, but is not limited to, allocating pecifrc number of hours per week o month to be spent by the Public Rccor Officer or other employees for whom responding to records requests is not 6 primary duty. 6.25 .1 When a requester m es one or more additional requests when a previous rcqucst from the amc requester is still open or when the requester simultaneously bmits multiple, separate requests. staff may queue the requests to order that is deemed praeucal for the purposes of providing timely an 11 rcaporum to each request, while also maintaining Jefferson County' duty to respond in like fasInim to all other requesters m to prevent dis n of other essential govemmental functions and responsibilities. may include queuing the requests in the order received. 6 251 The Public Records Officer or designee must notify the mquestor if a request is mprioriuxd by Smff in a way [bar changes the pr— estimate. if any, of the time required to respond to the request and most notif% the ,cquestor of the new, reasonable estimate of the time required. ear Pzdxm wnt'starc.a no, rro.i,.d to w,s an.. adainenm,eP�ea<n.m me vme,ePaenor w,a sm.n aPena,a.,.w revue„ omni me',mox rew:;n �: rmnpnm e rio.m' !x+ee9 "r" ruGi. Pec sOMter or designee must nenN tM1e rcPuester'�tarepunti. rmnantixee Mata nawytNtcnangn Me prMeus ntxnate.•,any. or.M1e nme,eP�nM to reaPonero Me ePae.�ane min n.nyme,eP�eamr or,M ne,..,earonaae nnmart ertne nme ePuee e er is Records Pae 29 .1`37 f ------------ Page: 29 625.3 Requesters frith multiple open requests may reque lie Records ■t""s`t"""e° Officer or designee repnoritize the requests. �i.no,w, cAw,n n�u: nH°.e,.n c°m°s.°a wrRvws. zs a sr 6.26 Recuests Loa. 6 26.1 The Public Records Officer or designee shall maintain a log of 7r— requests received by Jefferson County that shall include at a minimunPY- 6.26. L 1 Identity, of the mqucstor if provided by the requester: 6,26.1.2 Date of receipt of the request: iw�w.°o„ o.kr.e 6.26.1.3 The text of the original request, ..e R.q.m ~toot-cn,vtR.o.uacw: iN..,tRcw eau. 6.26.1.4 A description of the records produced in response to the request: i�rr 0e1Pe° 6 26. L5 A description of the records redacted or withheld and the rensa°` for redacting or withholding the records', and. 6.26. L6 Dam of firml disposition of the request. ;nen. "m^aOCOOn wxr 6.'_6.2 The log must he retained by the don tlt sr°n R.gaee —tO1dt_.�ss Rcw Rcwass. record retention sc ishcd .and shall be a record subject to production under RCW 42.5t99 / �omt9`d n .taw w [N—] Rcw br4-4)1r 6.26,3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation ofR auest Clarifications and Search Efforts For each public records request, a Records Liaison shall prepare pamarwrin a description of any request clarifications ablamed from the req r. and of search efforts Performed m acquire the requested records. Sec RCW 40.14.0264.4) 13 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs arc considered a record subject to dischisme and retention in accordance with the requirements of the Washimmem State Local G.—i em Common Records R,wmion Sahcdul, 7.2 Records in Request Files that Most Be Maintained 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted recoV.1-t file. 7.2.2 A listing only of the redxted records providis sufficient in accordance with the provisions oaretention schedules7.3 Ar hnm 61ru u of Public Rec r R Within the time required by the W hm.ton Stam Uommon Records Retenuon Schedule. GS2010-014. atter a f ve response has been sent to die requester, the Records Liaisons 'tate with the Public Records Officer or designee to determine a request fit. should be archived or destrm ed. 8.0 Compliance with Best Practices A porting Requirements The Public Records icer or designee sh ly with the best practices annual reporting requirements contained to RCW 40.14 0' 99 9.0 Administrative Review 9.1 No Final Decision Umul Review Under this Section. Any. (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable esumate for providing a record: (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section y. No lawsuit to review the action taken. compel the production ofa record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. Page: 3O ------ -1gim -zr ;nes .ar i Jefferson Coum7 Public Records Act Compliance Pali y Page `00-! Page: 31 9.2 Petition for R.,i— WLe^--- M Any parson who objects to any action described in Section 9.tmetition for t smarm prompt reHm of such action by submitting a written petition for review to the toiel. •ss• Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse. After Petition for Review. Prosecuting Attorney's Once shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requester may mutually agree m a longer period for consideration of a petition for review. 94 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requester for inspection in accordance with the provisions of this Policy. 95 Final Decision -If Affirmed. If the Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson Corry s final action for the purposes of judicial myiesy. Administrative remedies shall not be considered exhausted until the Prosecuting AU. mcy-s Office has made a mitten decision, or until the clow of the second business day following receipt of die written petition for review. whichever occurs first. 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No. . The requirements of Jefferson CountyOrdinance No. are repeated below for purposes of convenience. 10.1 Insuection Only. There is no charge for inspection of records. 10.2 Records Already em Jefferson Couaty Website. Jefferson County will not charge am costs for access to or downloading of records that it posts on Jefferson County s website prior to receipt of a request, unless the Jefferson County Public Records Act Compliance Policy Page requester has specJcally re tat Jefferson County provide copies of these records through other means. 10.3 Statutory Basis. Fees for the provision of responsive records will �--dafi 4'. its_ 120 104 Calculationof Costs. Except as stated below. Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency Functions. Therefore, to implement a cost schedule consistent with the Public Records Act it is more cost efficient, expeditious and in the public interes Jefferson County to adopt the state legislature's approved fees andcoy aT sr l ' of Jefferson County's records, as authorind in R W 42SG. Lt published in the Jefferson County Public Records Request Cost Schedule. s These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt. the term "electronic rile", as used in ROXI 42.56.120(2)(6)(iii) for email,, means each discrete email iscrete i n ti hment to an email. 10 4.2 Jefferson County will device prmided by Jefferson Containers or envelopes used in mail copies to the 10.4.2.3 Any postage or delivery charge{ 10.4.2.4 Photocopies, printed copies of electronic records an paper s—s larger than 8.5" x 14": 10.4.2.5 Costs of outside vendors for large -scaly requests and d Page: 32 .p senu.m ,tnkl-"t. MeM '32" mom"c0.e " Mewl 'rr awa, a, oaetm its• oaatee ,T up e Mr6 "t4 Rm.� saxwre, cha ea aega�a �ilaal rt MaM 'xv C, oa a .aaonl, pmt oaew — sslzgxuo.. �s� ena.,sea GMErseMa•'ea _ low)'rz' Mawl.'21" `n...w aagea m aaplaeea *laat'3 M�.n zz �Gapm�ean,n,�l�en.a I„w ,'i85ee nCW s] 56.1202)lel 19 -42%12 -ib) za 5ee 0.CW 42.56.-u1NIM" larger color copies, if Jefferson County Area ".. Jn 1 12 5612DOO), ar' 1 OA.2.5.1 Notrfi cc cutside vendor costs ' e..t vz.S6.11M) AM. zr pli equest, ineludingan on of whyra`"eaiL, '"lokt'si' MM1 12 "Sx RCW 115612,12 e 1e See RC1Y 1'' b). J?i Kai} Scc RCl4 J2 ire 12111?Kh H. ) Page: 33 the outside vendor cost is necessary and a reasonable estimate of the charge; and 10 4 2 5.2 Provides the requester an opportunity to amend the toldt'rs- request to avoid m reduce the cost of the outside vendor. 10.4.3 .4 Customarge wit app y if JcfTcrson arm aedw m c., County estimates that a request would require the use of information Am„a.nm, amwtncn,a technology expertise ro prepare data compilations, or provide eustomi' electronic access sen'ces Whe the pit created by tlrc customized elecv _ L`tl o oun o -zs- Us other purposes: t«•.t. tMno tes Gargm ,w 10.4.3.2 Notifies the mquestor of the Customized Elecvonic A Service Charge to be applied to the me uding an r.n iuga<m Mout"zs explanation of wiry th the min "z'- specifi and a reasonable estimate of the m•n,� an atM• r•,a.,s,a charge: b° and, �Acccsg m a,p„m 10.4. 33 Providesthe rcqucstor an o am avoid orreduc .tstona—d ElectroElectro �mmwa„minwmo,,,, Service Charge 10.4.4 Charges may be combined if... than o "Wtaer r a•q.aa .z6. copies produced in response to a requcsl,� Min icapm: ua.„n oa.aa 104.5 JCITersom County may enter into any contract, memorandum of 4 t wr a equestor at provt cs and a temative cou artangcmcn zo,eze m response to a voluminous or frequenttc occumng qucs .I_ `-' S RCW 42.50. ' Sm RCW 42.56. RCW 42 56 INn 4) Mtaata — ry rzr jn.wt vzss izo¢itn zs- �ns.d•�m w•s �[NW "az %12N4112N41,zan zr Jefferson County Public Records Act Com liance Policy Page k Page: 34 10.5 Cost Schedule. r°" W— A MM y A current cost schedule as autharimd by RCIi' 42 56120 and adopted by Appendix rM �� A afOrdirmncc is auached to this Policy. The cost schedule also shall be codified tows. -as in the Jefferson Coun Cc& Ap nd x F S h d I d shall be dated -1 pMMs 9r e up administratively by the Clerk of the Board eery c u emisnornera to mcorpo changes in the costs in RCN 42 56 I'_6, as presendy enacted or as may be amended by in the future_ A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners Officc. The costs for the provision of public records arc not subject to indexing pursuant to Ordinance No, 12-96. 106 Deoosd. A deposit of up m ten (10) percent of the estimated cost of providing copies for a request, including a custtmnind service charge," may be required by Jefferson County before records arc copied. When requested records are provided on installment basis. costs shall be collected for copies prim to provision of the xt instailmm , Failure to pay for an installment shall place compilation of su quem tnsW lmcmt i on hold. 10.7 Failure to Full Payment Rcu nements If payment arrangements are not made within 30 tale days of notice that records arc available, the entire request maybe deem abandoned and closed. A reasonable attempt shall be made bythe Public R54ds Officer or designee, or a Records Liaison. to c;=dBcst estor prior timing a request abandoned and closed. II Limitations I I. I No Additional Leeal This Policy does not creathts beyond those obligations and rights created by statute or other laJefferson County. 112 Statutory Reouir tiactices. 11.2.1 Tl�qfrm isions of federal and statelaw control, if there is any conflict with Allis Policy. This Policy includes both statutory requirements and best practices. S— RCW 42 56.120(4) "�olci"399n 0.CN 1256 t2ga1. N' nom„) zr Jefferson Counry Public Records Act Compliance Policy page Page. 3S 11.23 Except where mandated by statute, any duties identified in this Policy are r mmr eia discretionary or advisory only and shall not impose any iffma-f— duty on Jefferson County r..s a.P- 11.3 No Additional Duty That is Not Alrcadv Imposed by law. msa.n.a No provision nor am t rm used in this Policv is intended to impose any duty ,ter'""q co.msvo"r' whatsoever upon Jefferson County or any of its officers or employees. not already / imposed by 1- 11.4 aw. IL4 No Basis for Liability This Policy is not intended in and shall not be construed to create orf. a basis of any liability on the pan of Jefferson County, or its officers, s , m agents, for any injury m damage resulting from any action or inaction a part of Jefferson County related in any manner to tic enforcement of Policy by its elected officials- officers. staff, or agents. 12.0 Amendments and Corrections / rso 12.1 Jeti n County rescrecs the n., r{/pply and interpret this Police and to revise m change this Policy at any r 12.2 The Clerk of the Board ofCounty, Commissioners is authorized to make necessary technical, non-substanticc corrections to this Policy including, but not limited to. the correction of scrivener's or clerical errors, references, numbering, section/subsecuon numbers and am references to them. 13.0 Severability If — section, subsection, paragraph, semen«, clause, or phrase of this Policy is declared unconstitutional m invalid for my reason, such decision shall not affect the validity of the remaining pans of this Policy. Jefferson County Public Records Act Com liancc Policy Page Page: 36 14.0 References -o m -ter Adopt �M oma . minsend fia+OM 19RCW' �Mnou io9nro ss new �l.:mw�r�zwacw Jefferson Counw Public Records Act Compliance Policy page „y Page: 37 Proposed Public Records Request Cost Schedule: tsr"'"`r�'--`e° wort w w�t'sr Public Records Request Cost Schedule'" Anual cosi Customized Electonlc Access Scrvice Charge (in addiuon o ics—scecopying fees below). _ Copies 15 cents/page Photocopies. printed copies of cicerone records (on paper sizes no 'I larger than A5" s 14'") when requested by the requester, or for the use of enc, c ui ment to make hotoeo ies. 10 cerns/page Scanned records or one of agency equipment for scanning. 5 cents/each 4 Records uploaded to email. or cloud -based data storage service, or other electronic files or j means of electronic delivery, For the avoidance of doubt. the term attachment 'electronic file", as used in RCW 42.56,120(2)(b)(iii) for counts, means each discrete email and each discrete attachment m an email. 10 c Wgigabyte Records transmitted in electronic format or for use of agency equ- ent to send records electronically. Actual cost _ Digital surra a media or devices. Actual coal Am container or envelo • used to mail copies.. Actual cost Postage or delivery charges. Actual costPMolttopi8 _ es, punted copies of electronic recor on paper sizes larger than S" s 14". I Copy charges above may he combined to the extent that mare t none rypr ofcha ge applies ro copies responsive to a request Pursuant to RCW 42 - the coals listed shove do na( supersede any jeer jar copying public records aulhori:z v other smtutory provisions, other than h¢ h=rat " RCW. For any individual request, total costs ujrfo and including SX.XX shall be waived. Sec RCW 42 56.120(2) 5/3!?r)' R 8 52 06 AM Compare Results Old File: New File 2018 04 19 JCPRACP - DRAFT - ACCEPT.pdf 2018 04 19 JCPRACP Policy - DRAFT - ACCEPT - TT.pdf 36 pages (294 KB) 5/3/2018 7:34:28 AM Total Changes 181 • file://NoURLProvided[5/3/2018 8:52:06 AM] 37 pages (305 KB) 5/3/2018 8:48:24 AM Content Styling and Annotations 184 Replacements 110 Styling 79 Insertions 58 Annotations 67 Deletions RESOLUTION ATTACHMENT "A" JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Jefferson County Public Records Act Compliance Policy Page 2 of 37 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 Purpose: Compliance with Public Records Act................................................................... 6 2.0 Definitions............................................................................................................................6 2.1 Refer to the Public Records Act for the definitions of these terms :................................. 6 2.1.1 Bot Request: see RCW 42.56.080(3)............................................................................... 6 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(a) ................................. 6 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 .................................... 6 2.1.4 Person in Interest: see RCW 42.56.010(2)....................................................................... 6 2.1.5 Public Record: see RCW 42.56.010(3)............................................................................ 6 2.1.6 Writing: see RCW 42.56.010(4)...................................................................................... 6 2.2 Backup Records Liaison: ................................................................................................. 6 2.3 Business Day: ................................................................................................................... 6 2.4 Chief Civil Deputy Prosecuting Attorney: ....................................................................... 7 2.5 Court Records Request: .................................................................................................... 7 2.6 Disclosure: ........................................................................................................................ 7 2.7 Exempt Record: ................................................................................................................ 7 2.8 Explanation of Exemptions: ............................................................................................. 7 2.9 Failure to Provide a Record: ............................................................................................. 7 2.10 Final, Definitive Response: .............................................................................................. 7 2.11 Human Resources: ............................................................................................................ 8 2.12 Jefferson County: ............................................................................................................. 8 2.13 Normal Business Hours: ................................................................................................... 8 2.14 Policy: ............................................................................................................................... 8 2.15 Production: ....................................................................................................................... 8 2.16 Public Records Liaison and Records Liaison: .................................................................. 8 2.17 Public Records Officer: .................................................................................................... 8 2.18 Record: ............................................................................................................................. 8 2.19 Record holder: .................................................................................................................. 9 Jefferson County Public Records Act Compliance Policy Page 3 of 37 2.20 Request: ............................................................................................................................ 9 2.21 Requestor:.........................................................................................................................9 2.22 Section: ............................................................................................................................. 9 2.23 Staff..................................................................................................................................9 2.24 Web Portal: ....................................................................................................................... 9 2.25 Written Information: ........................................................................................................ 9 3.0 General Provisions............................................................................................................... 9 3.1 Public Records Act Compliance...................................................................................... 9 3.2 Applicability...................................................................................................................10 3.3 Non -Discrimination Requirement.................................................................................. 10 3.4 Records Are the Property of the State of Washington ................................................... 10 3.5 Use of Available Electronic Resources Encouraged...................................................... 10 4.0 Roles of Staff Designated to Address Public Records Requests ....................................... 11 4.1 Public Records Officer................................................................................................... 11 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. The Public Records Officer for Jefferson County is the Clerk of the Board of County Commissioners.....................................................................................11 4.2 Chief Civil Deputy Prosecuting Attorney...................................................................... 13 4.3 Records Liaisons and Backup Records Liaisons............................................................ 14 4.4 Training and Updates..................................................................................................... 15 5.0 Public Records Requests.................................................................................................... 15 5.1 Format of Requests......................................................................................................... 15 5.2 Fair Notice of Records Request..................................................................................... 15 5.3 Lists of Individuals......................................................................................................... 16 5.4 Bot Requests................................................................................................................... 16 6.0 Jefferson County Response to Public Records Requests ................................................... 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for "All Records" is Insufficient..................................................................... 17 6.3 Prompt Response Required............................................................................................ 17 6.4 Types of Five (5) Day Responses.................................................................................. 18 6.5 Final, Definitive Response............................................................................................. 20 6.6 Requests to Create Records or Convert Records to a Different Format or Medium ..... 20 6.8 Requests for Personnel and Employment Records........................................................ 21 6, D�QZ- Jefferson County Public Records Act Compliance Policy Page 4 of 37 6.9 Requests for Court Records............................................................................................ 21 6.10 Locating Responsive Records........................................................................................ 21 6.11 No Requirement to Create New Records to Respond to A Records Request ................ 21 6.12 Request for Records that No Longer Exist..................................................................... 22 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests ................ 22 6.14 Immediate Provision or Inspection of Records "Over the Counter." ............................. 22 6.15 Exemptions from Production......................................................................................... 23 6.16 Withholding or Redacting Records Based on Exemptions ............................................ 23 6.17 Explanation of Exemptions............................................................................................ 23 6.18 Summaries of Common Exemptions.............................................................................. 24 6.19 Inspection of Responsive Records................................................................................. 25 6.20 Electronic Records......................................................................................................... 26 6.21 Installments.................................................................................................................... 27 6.22 Requestor Responsibility................................................................................................ 27 6.23 Order of Processing Requests........................................................................................ 28 6.24 Allocating Specific Amounts of Time and Resources ................................................... 28 6.25 Multiple Requests by the Same Requestor..................................................................... 28 6.26 Requests Log.................................................................................................................. 29 6.27 Preservation of Request Clarifications and Search Efforts ............................................ 29 7.0 Records Retention Required.............................................................................................. 30 7.1 Retention of Public Records Request Records............................................................... 30 7.2 Records in Request Files that Must Be Maintained....................................................... 30 7.3 Archiving and Destruction of Public Records Request Records .................................... 30 8.0 Compliance with Best Practices Annual Reporting Requirements .................................... 30 9.0 Administrative Review...................................................................................................... 30 9.1 No Final Decision Until Review Under this Section ..................................................... 30 9.2 Petition for Review......................................................................................................... 31 9.3 Deadline for to Affirm or Reverse, After Petition for Review ....................................... 31 9.4 Effect of Reversal Based on Petition for Review........................................................... 31 9.5 Final Decision, If Affirmed............................................................................................ 31 10.0 Costs for Public Records.................................................................................................... 31 10.1 Inspection Only.............................................................................................................. 31 os /� Jefferson County Public Records Act Compliance Policy Page 5 of 37 10.2 Records Already on Jefferson County Website............................................................. 31 10.3 Statutory Basis................................................................................................................ 32 10.4 Calculation of Costs....................................................................................................... 32 10.5 Cost Schedule................................................................................................................. 34 10.6 Deposit...........................................................................................................................34 10.7 Failure to Fulfill Payment Requirements....................................................................... 34 11 Limitations......................................................................................................................... 34 11.1 No Additional Legal Rights........................................................................................... 34 11.2 Statutory Requirements and Best Practices.................................................................... 34 11.3 No Additional Duty That is Not Already Imposed by Law........................................... 35 11.4 No Basis for Liability..................................................................................................... 35 12.0 Amendments and Corrections............................................................................................ 35 13.0 Severability........................................................................................................................ 35 14.0 References..........................................................................................................................36 Proposed Public Records Request Cost Schedule: ....................................................................... 37 Jefferson County Public Records Act Compliance Policy Page 6 of 37 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern. " RCW 42.56.030 2.0 Definitions The following definitions apply to this Policy: 2.1 Refer to the Public Records Act for the definitions of these terms: 2.1.1 Bot Request: see RCW 42.56.080(3) 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(a) 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 2.1.4 Person in Interest: see RCW 42.56.010(2) 2.1.5 Public Record: see RCW 42.56.010(3) 2.1.6 Writing: see RCW 42.56.010(4) 2.2 Backup Records Liaison: "Backup Records Liaison" means the person in each department of Jefferson County designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. © 2.3 Business Day: UM "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. °sx1�G�°�.o�= Jefferson County Public Records Act Compliance Policy Page 7 of 37 2.4 Chief Civil Deputy Prosecuting Attorney: "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. 9 2.6 Disclosure: "Disclosure" of a Recorgmeans notifying a Requestor of the existence of a Record. Contrast with "Production". 2.7 Exempt Record: "Exempt record" means records or portions of records that are exempt from production to the public. Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42.56.070, or in case law. Exemption from production of a portion of a record does not automatically exempt the remainder of the record from production. Exempt portions of records may be subject to redaction. 9 9 ©2.8 Explanation of Exemptions: An "Explanation of Exemptions" is the document(s) that is(are) provides tQ the Requestor in conjunction with a production of records when any exemption has been asserted. An explanation of exemptions is also known as an "exemption log", a "privilege log", or a "withholding index". 99 2.9 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. 2.10 Final, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confu-ming that Jefferson County does not intend to provide any further response to the records request. Jefferson County Public Records Act Compliance Policy Page 8 of 37 2.11 Human Resources: "Human Resources" means the Human Resources Officer of Jefferson County. 2.12 Jefferson County: "Jefferson County" means Jefferson County, Washington.' As used in this Policy, Jefferson County refers all county departments, their divisions, and subdivisions. 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. 2.14 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.15 Production: "Production" of a Record means making the Record available to the Requestor for inspection and/or copying after the application of exemptions and redactions, if any Contrast with "Disclosure`Q 2.16 ©©Public Records Liaison and Records Liaison: "Public Records Liaison" and "Records Liaison" mean the person or persons designated by an elected official or department director to accept, track by log, and arrange for fulfillment of requests for disclosure of records within a Jefferson County department. 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 2.18 Record: "Record" means "Public Record", as defined 9y the Public Records Act or pursuant to case law©z 'See RCW 36. '- e.g., Mechling v. City of Monroe (emails), O'Neill v. City of Shoreline (email metadata), Nissen v. Pierce County (cell phone records), Belenski v. Jefferson County (internet access logs) Jefferson County Public Records Act Compliance Policy Page 9 of 37 2.19 Record holder: "Record holder" means the department or staff having custody of a record. 2.20 Request: "Request" means a request made to Jefferson County pursuant to the Public Records Act for disclosure of records. Requests for records made pursuant to other statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. 2.21 Requestor: "Requestor" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of ©©doubt, reference to a section includes a reference to every subsection in that sectio - but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff "Staff' means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means "Writing", as defined by the Public Records Act or in case lawP 3.0 General Provisions 3.1 Public Records Act Compliance. 3.1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, RCW 42.56. 3.1.2 It iothe policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records Jefferson County Public Records Act Compliance Policy Page 10 of 37 Q Jefferson County's custody that state law or court rule do not exempt or prohibit from production. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate safeguards for information exempted from or prohibited from production by federal or state law. 3.2 Applicability. 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. Court records are generally exempt from the Public Records Act and are subject to release directly through the Courts under the Washington Courts' General Rule 31 and General Rule 31.1. 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56 240(14), or any other statute which exempts or prohibits production of specific information or records to requestors. 3.4 Records Are the Propegy of the State of Washington. All public records shall be and remain the property of the state of Washington and of its people. Jefferson County, a political subdivision of Washington state, prepares, owns, uses, and retains records on behalf of the people. 3.5 Use of Available Electronic Resources Encouraged. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the 3 RCW 40.14.020 Jefferson County Public Records Act Compliance Policy Page 11 of 37 requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public recor9s f'3i ased on the following findings: 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. 3.6.2 Jefferson County is comprised of numerous separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4. 1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. The Public Records Officer for Jefferson County is the Clerk of the Board of County Commissioners. Jefferson County Public Records Act Compliance Policy Page 12 of 37 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with RCW 42.56; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure; 4.1.5.10 Maintain the required information and comply with the best practices annual reporting requirements contained in RCW 40.114— and, =�= Jefferson County Public Records Act Compliance Policy Page 13 of 37 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under RCW 40. 1419 4.2 Chief Civil Deputy Prosecuting Attorney. 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. 9 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. Z Jefferson County Public Records Act Compliance Policy Page 14 of 37 4.3 Records Liaisons and Backup Records Liaisons. 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 The departments of Jefferson County that shall assign a Records Liaison and Backup Records Liaison are: 4.3.2.1 Assessor 4.3.2.2 Auditor 4.3.2.3 Central Services 4.3.2.4 Community Development 4.3.2.5 Cooperative Extension 4.3.2.6 County Administrator 4.3.2.7 County Clerk 4.3.2.8 County Commissioners 4.3.2.9 Emergency Management 4.3.2.10 Prosecuting Attorney 4.3.2.11 Public Health 4.3.2.12 Public Works 4.3.2.13 Sheriff 4.3.2.14 Treasurer 4.3.3 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. 4.3.4 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs of requests for public records fulfilled by the department. 4.3.5 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RCW 40.14.026 VJefferson County Public Records Act Compliance Policy Page 15 of 37 4.4 Trainingapdates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. 5.0 Public Records Requests 5.1 Format of Reguests. 5.1.1 No official format is required for making a records request.49 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related a See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 16 of 37 to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. 5.3 Lists of Individuals. 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request in accordance with RCW 42.56.080(3).9 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request. 6.1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in RCW 40.149 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the department's Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of the department's Records Liaisor©9 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. Jefferson County Public Records Act Compliance Policy Page 17 of 37 6.2 Requests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records. 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under RCW 42.56 or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. See RCW q 42.56.080(1). 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in Section 6.4.3. 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in RCW 40.149 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial response to the records request is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. 6.3.3 Jefferson County shall honor requests for identifiable records that arc received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in persons 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest ©response. Requests may be fulfilled in the order of receipt, so long as easily fulfilled requests are not postponed behind larger or more complicated q requests, strictly because they were received later. 5 See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 18 of 37 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Types of Five (5) Day Responses. The initial response to the requestor shall be made in writing within five (5) business days of receipt of a request, shall acknowledge receipt of the request, shall provide to the requestor a list of the names of the department(s) listed in Section 4.3.2 to which the request was routed, if any, and may take one of the following types of responsive actions: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 Direct the Requestor to Online Documents: 6.4.2.1 If the records requested are available via a Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer.6 6.4.3 Ask for Clarification of Request: 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified. 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When a requestor agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original 6 Required by RCW 42.56.520(1)(b). See RCW 42.56.520(l)(d). Jefferson County Public Records Act Compliance Policy Page 19 of 37 scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County must advise the requestor that the request will be considered closed if the requestor fails to provide clarification as requested within 30 days. 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear.8 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, defmitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of 8 See RCW 42.56.520(3)(b). Jefferson County Public Records Act Compliance Policy Page 20 of 37 the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6.4.7.2 If there is any question as to whether any record, or any portion of a record, should be exempt from production and therefore should be denied from production to any requestor (by withholding or redaction), a Records Liaison shall consult the Prosecuting Attorney's Office or the Public Records Officer or designee, and shall give them the opportunity to inspect the subject record(s) before any such denial of production is conveyed to the requestor. 6.4.7.3 A written statement of the specific reasons for the denial must accompany any denial of a records request.9 Any denial should inform the requestor that it is the final, definitive response. 6.4.7.4 See Sections 6.15 through 6.18 of this policy for additional information regarding exemptions and the withholding or redacting of responsive records. 6.5 Final, Definitive Response. The Public Records Officer or designee shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 'See RCW 42.56.520(4). Jefferson County Public Records Act Compliance Policy Page 21 of 37 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations. 10 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requestor for clarification or refinement of the request, as discussed in Section 6.4.3. 6.11 No Requirement to Create New Records to Respond to A Records Request. 6.11.1 Jefferson County is not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive to a 10 See WAC 44-14-01002. Jefferson County Public Records Act Compliance Policy Page 22 of 37 request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and- should ndshould be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests. Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor in response to a voluminous or frequently occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy. I I 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 6.14.1.1 The requested records are easily accessible to staff, 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and 6.14.1.3 The request is not for records that are subject to withholding or redaction due to exemptions considerations. 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requestor, if provided, the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. 11 RCW 42.56.120(4) Jefferson County Public Records Act Compliance Policy Page 23 of 37 1'1!11\i.1 6.15 Exemptions from Production. 6.15.1 Requested records may be subject to exemption from production under the Public Records Act or other statutes. 6.15.2 Some records may contain specific content that is exempt from production. The presence of exempt information does not necessarily exempt an entire record from production. 6.15.3 With few exceptions, exemptions are permissive, not proscriptive; therefore, Jefferson County may determine that certain records may be produced even if an exemption applies if doing so would serve the public interest. Such production shall be made only after review by the Chief Civil Deputy Prosecuting Attorney. 6.15.4 Common exemptions are listed in Section 6.18.1. 6.16 Withholding or Redacting Records Based on Exemptions. 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RCW 42.56.210. 6.16.2 Departments' Records Liaisons are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Departments' Records Liaisons are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from production, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing production to the requestor. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. Such procedures shall be approved by the Public Records Officer or designee. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210, the requestor shall be provided, in writing, a brief explanation of the reason(s) that information has been withheld or redacted. 6.17 Explanation of Exemptions. 6.17.1 An explanation of exemptions shall (1) identify the record, (2) cite the statute that the exemption is based upon, and (3) provide a brief < Jefferson County Public Records Act Compliance Policy Page 24 of 37 explanation of the statutory basis for each redaction or withholding of a record. 6.17.2 The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Nonspecific claims of exemption such as "proprietary" or "privacy" are insufficient. 12 6.17.3 Individual occurrences of the same redaction may be listed generally in the explanation of exemptions. For example, an explanation of exemptions need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that production would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the extent production would violate their right to privacy (RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non -production is 1'- See Rental Housing Association v. City of Des Moines 199 P. 3d 393, 165 Wash. 2d 525 - Washington Supreme Court, 2009 �= Jefferson County Public Records Act Compliance Policy Page 25 of 37 essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(1)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (5)); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County within five years of the request for disclosure when production would produce private gain and public loss (RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to assert any exemptions permitted by law when Jefferson County determines that such exemption applies and serves the public interest. 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County Public Records Act Compliance Policy Page 26 of 37 Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff. 13 6.20 Electronic Records. 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record. 14 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record. 15 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an 13 See WAC 44-12-01022. 14 See RCW 42.56.120(1). 15 See RCW 42.56.120(1). Jefferson County Public Records Act Compliance Policy Page 27 of 37 electronic format, an � the cost of any physical transmission device provided by Jefferson County. 6 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in©Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Pul*099 Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 6.21.4 When records are produced in installments and one or more records has been withheld or redacted, an explanation of exemptions (see Section 6.17) must accompany each installment in which this is the case. To provide fullest assistance to requestors, it is not sufficient to provide a single, combined explanation of exemptions only with the final installment. 6.21.5 The Public Records Officer or designee must attempt to contact the requestor prior to deeming an installment request abandoned. 6.22 Requestor Responsibility. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response must be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee must attempt to confirm whether the requestor still wants the requested records. 16 See RCW 42.56.070(7). Jefferson County Public Records Act Compliance Policy Page 28 of 37 6.22.4 If a requestor fails to claim or arrange for inspection of requested records before the expiration of the period to inspect or claim copies of requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 0) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. 6.24 Allocating Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Requestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 The Public Records Officer or designee must notify the requestor if a request is reprioritized by Staff in a way that changes the previous estimate, if any, of the time required to respond to the request and must notify the requestor of the new, reasonable estimate of the time required. � Jefferson County Public Records Act Compliance Policy Page 29 of 37 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 6.26 Requests Log. 17 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimun9 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; 6.26.1.3 The text of the original request; 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 6.26.1.6 Date of final disposition of the request. 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under RCW 40.14, and shall be a record subject to production under RCW 42.50 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Reauest Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 17 See RCW 40.14.026(4) Jefferson County Public Records Act Compliance Policy Page 30 of 37 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted records for the request file. 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. 7.3 Archiving and Destruction of Public Records Request Records. Within the time required by the Washington State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.0 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. Jefferson County Public Records Act Compliance Policy Page 31 of 37 9.2 Petition for Review. Any person who objects to any action described in Section 9. 1, may petition for prompt review of such action by submitting a written petition for review to the Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse, After Petition for Review. Prosecuting Attorney's Office shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Prosecuting Attorney's Office has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No requirements of Jefferson County Ordinance No. of convenience. 10.1 Inspection Only. There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. The are repeated below for purposes Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the Jefferson County Public Records Act Compliance Policy Page 32 of 37 requestor has specifically reyested that Jefferson County provide copies of these records through other means. s 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RCW 4? 561 X) 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule. 19 These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10.4.2 Jefferson County will charge the actual cost for the following: 10.4.2.1 Digital storage media or device provided by Jefferson County; 20 ©©1©0.4.2.2 Containers or envelopes used to mail copies to the requestor; 21 10.4.2.3 Any postage or delivery charge;22 10.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why 8 See RCW 42.56.120(2)(e). 9 See RCW 42.56.120(2)(b). 20 See RCW 42.56.120(2)(b)(v). '' See RCW 42.56.120(2)(b)(v). 22 See RCW 42.56.120(2)(b)(v). Jefferson County Public Records Act Compliance Policy Page 33 of 37 the outside vendor cost is necessary and a reasonable estimate of the charge; and 10.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson County estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes; 23 10.4.3.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge; 24 and, 10.4.3.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge. 25 10.4.4 Charges may be combined if more than one type of charge applies to copies produced in response to a request. 26 10.4.5 Jefferson County may enter into any contract, memorandum of ©ggnderstanding, or other arrangement with a requestor that provides ang alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request. 27 23 See RCW 42.56.120(3)(a). 24 See RCW 42.56.120(3)(b). 25 See RCW 42.56.120(3)(b). 26 See RCW 42.56.120(2)(c). 27 See RCW 42.56.120(4). Jefferson County Public Records Act Compliance Policy Page 34 of 37 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board of County Commissioners to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge,Zg may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11 Limitations 11.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 11.2.2 This Policy includes both statutory requirements and best practices. 21 See RCW 42.56.120(4). Jefferson County Public Records Act Compliance Policy Page 35 of 37 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Duty That is Not Already Imposed by Law. No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liabili This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board of County Commissioners is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. J1� Jefferson County Public Records Act Compliance Policy Page 36 of 37 a'tnw'• 14.0 References Chapter 5 RCW Chapter 19 RCW Chapter 36 RCW Chapter 40.14 RCW Chapter 42.56 RCW Chapter 82.12 RCW Chapter 44-14 WAC Chapter 434-615 WAC Washington State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of 312017. Jefferson County Public Records Act Compliance Policy Page 37 of 37 Proposed Public Records Request Cost Schedule: Public Records Request Cost Schedule" Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoidance of doubt, the term attachment "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. For any individual request, total costs up to and including $X.XX shall be waived. 29 See RCW 42.56.120(2). x X _c x c rn 0 I O e e e e e a e e e e e r r r r r r r o0 00 00 00 00 00 00 0o a I� U M 6 i E o i h � N • Q� U c5 Z5' Qa L i w° r o Q o Cl :: u N a y 9 a p vti Cj y�, v c "& u J. u � ri a p� Q, � � o � A y .s x •R w c x app _p o g yc y� 0, 1. a .� y Q .S W Q S u fs' •A $ u k U m O u u O v s o cn tS3p u a 0.1 w ia3 3 PSD m U u°' �1 w w x .g z a cC d ri a' w T ^+ v O O N N N N c i t i N N N N t`l N N tV N N N N N N lW N N N [ i Alk o O 0 W o v % � N O ra .. d O j O a O a F o u � V a O v rn -; .ai r>n O Q •FNi a. u Q U1 V p a •O � � a � u � 0 o o u o 1 c A w ° o c u •o -a w o n % u o oe a a w 21 u Q o o u fs' .S ° = m v w C ° u'' 0 0 O V: Ou u a o o K ," o `u c y a_ v ao m a"t a cu u w o -w w w x z a w cC o c mo — 2 110 o v C00 G O N N N N N N 1 l N N N N N N nl N N N N n o0 D. �! N y W CC � C O CL = N U ;) E w v u 0 �f i .w RESOLUTION ATTACHMENT "A" JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) K. Jefferson County Public Records Act Compliance Policy Page 2 of 43 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 PuFpese: Compliaffeewith Publie Records Aet ................................................................... 9 2.0 I3e#tn+tiens............................................................................................... ; 9 2.1 Baekup Reeofds Liaison: ................................................................................................ S-9 2.2 Bot Request: ..................................................................................................................... 9 .................................. 10 2.4 Chief Civil Deputy PFOSeeutling Attofney! ............. I ....................................................... 10 2.5 Gout4 Reeords Request! ........................................................................................... 10 2.6 Customized Eleetfonic Aceess Ser,4ee: ....................................................................... ;. 10 2.7 Exempt Reeef& ........................................................................................................... 10 2.8 Failure to Provide a Reeefd: ......................................................................................... 11 2.9 Final, P ............................................................................................ I I ......................... I ................................................................. 11 2.111—human Resourees: .......................................................................................................... 11 ................................. ................. .................. 2�B - 12 2.14 PeFsea in lntef:est: ......................... ................................................................................. 12 2.15 Pehey .......... ............... .................................... .............................. 12 2.16 Publie Reeards Liaison and ROeE)FdS Liaisow ................................................................ 12 ...................................................................................... 2.17 Pulilis, Reear-ds Offieer:. ........... 12 .................................. 2.18 Reeefd: .................................................. ...................................... — 12 2.19 Reeefd holder! ................................................................................................................ 13 2.20 Request ............................................................................................................................ 13 2.21 RequestEw ....................................................................................................................... 13 2.22 Seetiew ........................................................................................................................... 13 2.23 ............................................................................... 14 2:24--`.ie-h- Portal! ..................................................................................................................... 14 2 Pi Written infermation: ............................ ; ......................................................................... 14 (�� Jefferson County Public Records Act Compliance Policy Page 3 of 43 3.0 -General Previsions::....- : .......................-:-............................................................::,: 14 3.1 Rublie Reeerds .let Cemplianee.................................................................................... 14 3.2 Applieabilit3...................................................................................................................15 3.3 :'on Diserimination Requirement. -15 3.4 Reeerds Are PreperE�'ef Jefferson County .................................................................... 15 .5 Use of ya' ry Researees Eneeuraged................... 15 4.0 Roles of Staff Designated to Address Public Reeerds Requests ....................................... 16 4.1 Rublie Records O€ ieer................................................................................................... 16 4.2 Chief -Civil Deputy PreSeeutingAAtE)mej...................................................................... 18 4.3 Reesrds Liaisons and 13aeleup Reeerds LiaiS-S............................................................ 19 4.4 Training and Updates..................................................................................................... 20 3.0 Public Reeerds Requests................................................................................................. 1 20 3.1 Fermat of Requests...................................................................................................... 20 3.2 Fair Netiee of Reeerds Request . ......... I ......................................................................: 20 3.3 Lists of lndividuals ...................................................................................................... 21 5.4 Bot Request................................................................................................................... 21 6.0 leffmson County Response -tel?ubhe-Reeerds Requests...................................................21 6.1 Requifed Communieation by Reeerds Liaisons s r ipon R.,, eipt of a Reeords Ra, l -melt... 21 6 2 Requests C �.� ,<�a���� ,er Reeerds-" is Insa€fieient...................................................................:_ 22 6.3 Pfeit pespoi se Rego+red................................................................. ........-.:: 22 6.4- Tomes of Five (15), Responses............................................................................... 23 6.5 Final, Definitive Response............................................................................................. 25 6.6 Requests to Cfeate Reeefds or Convert Reeefds to a Different FoFmat of Medium ..... 26 6.8 Requests far Personnel and Employment Reeerds ............................. 26 6.9 Requests for Court Records ..-...................................................................................26 6.10 boeatingResponsive Reeerds........................................................................................ 27 6.11 No Requirement to C-Feate New Reeor-ds to Respond to A ReeE)Fds Request ................ 27 6.12 Request for Records that No bangerF-ist..................................................................... 27 6.13 Agfeements in Response to Voluminous or FfeEluently Oeeurfing Requests ................ 27 6.14 immediate Inspection of Reeerds "Over the Counter." ............................. 27 6.13 Exemptions from Preduetion......................................................................................... 29 6.16 Withholding oRodaet, ng-Reserds Based on Exemptions ................................... 29 Jefferson County Public Records Act Compliance Policy Page 4 of 43 647 Explanation of . ....................... .................................. ..... –30 6.19 SurArAar-iesefCorAmenEmeFnptions . ............................................................................ 30 6.19 inspeeti a of Responsive Reeerds . ......................................... 32 6.20 Eleetranie Reeerds . ................................................................ 33 ........................................................................................... 33 ............................................................................................... 34 6-23 0- fd_RF Fif Pf�oeessmg Requests . ......................................................... ............................. 34 .................................. 35 6.25 Multiple Requests by the Same Requestaf ..................................................................... 35 6.26 Requests Leg . ................................................................................................................. 35 6.27 Presefvation of Request Clarifieations and ............................................ 36 ...................................... 36 7.1 Retention of Public Reem;ds Request Reeerds .................................. 36 7.2 Reeefds in Request Files that Must Be Maintained ....................................................... 36 .................................. 37 9.0 Complianee with Best PFaetieesAnnual Repefting RequiFemems .................................... 37 90 mmStF tive RevieA . ....... .......... 37 ..................................................................................... -Under this Sect' on ......................... 37 9.2 Petition for Re;,,ieA .......................................................................................................... 37 93----Deadlme��Affifrn 4ter-Pet-lition for Rev:ew .................................. 37 9.4 Effeet "f ReversalBased on Petition t;gr R ' .................................... M. 38 9.5 Final Deeision, if AffiFmed .......................................................................................... 38 108— c................................................................. _ ............_ .. 38 10.1 inspeetiOn 001� .. ...................................................................................................... ..... 38 10.2 . ...................... I .................................. 38 10.3 Statutory Basis ............................................................................................................ 38 10.4 Caleulation efCests . ...................................................................................................... 38 10.5 Cost gyhedule ...... ..... .................................................................................. 40 10.6 Deposit . .......................................................................................................................... 40 44J--Fa+lure-to-Ful4i44- Payment Requilimments ....................................................................... 40 11 Limitations ......................................................................................................................... 41 11.1 Ne A dditional Legal Rights . ..................... ............ 41 ......................................................... Jefferson County Public Records Act Compliance Policy Page 5 of 43 42 42 42 Proposed Publie Reeefds Request Gest :............................................................ LO Purpose: Compliance with Public Records Act .................................................... ........... 3 ..._..._ 9 2.0 Definitions...............................................................................:............................................9 2.1 Refer to the Public Records Act for the definitions of these terms: ................................. 9 2.1.1 Bot Reguest;._see_RCW 42.56.Of;Q.L3.).__.............................................................................9 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(a) ................................. 9 2.1.3 Fullest Assistance: see RCW 46.56.100 and WAC 44-14-04003 .................................... 9 2.1.4 Person in Interest: see RCW 42.56.010(2)....................................................................... 9 2.1.5 Public Record: see RCW 42.56.010(3).. ............................................. 9 2 L6 Writing: see RCW 42.56.010(4)...................................................................................... 9 2.2 Backup Records Liaison: ............. 9 2.3 Business Day: ................... ................................................................. 10 2.4 Chief Civil Deputy Prosecuting Attorney: . . ....... . ......... . .............................................. 10 2.5 Court Records Request: ..... . ..................... ........................... ............. 10 2.6 Disclosure: .............................................................................. . ....................... 10 2.7 Exempt Record: .............................................................................................................. 10 2.8 Explanation of Exemptions: ................................................. ............. 10 2.9 Failure to Provide a Record: ...................... . — —,- - ................................... 11 2.10 Final, Definitive Response:............................................................................................ 11 2.11 Human Resources: ...................................... ........... 11 2.12 Jefferson County: ...................................... . ................................................................... 11 2.13 Normal Business Hours:................................................................................................. 12 2.14 Policy: ... . . ... . ...... . . ... . .......................... ................................................................... 12 2.15 Production: ................................................ ............ 12 2.16 Public Records Liaison and Records Liaison: ..................... .............. 12 2.17 Public Records Officer: ......................................................... ............ 12 K Jefferson County Public Records Act Compliance Policy Page 6 of 43 YOs�nNc'oY 2.18 Record: ......................................................... ..................................... 12 2.19 Record holder: ................ ....................................... 13 2.20 Request: ......................... ........................... ............ 13 2.21 Requestor:.......................................................................................................................13 2.22 Section: ........................... ........... 13 2.23 Staff:...............................................................................................................................14 2.24 Web Portal: ...................... ............................ .......... 14 2.25 Written Information:...................................................................................................... 14 3.0 General Provisions............................................................................................................. 14 3.1 Public Records Act Compliance.................................................................................... 14 3_22 ... _ ..... _Applicability................................................................................................................... 15 3.3 Non -Discrimination Requirement.................................................................................. 15 3.4 Records Are the Property of the State of Washington ................................................... 15 3.5 Use of Available Electronic Resources Encouraged...................................................... 15 4.0 Roles of Staff Designated to Address Public Records Requests ....................................... 16 4.1 Public Records Officer................................................................................................... 16 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. The Public Records Officer for Jefferson County is the Clerk of the Board of County Commissioners.................................................................................... 16 4.2 Chief Civil Deputy Prosecuting Attorney...................................................................... 18 4.3 Records Liaisons and Backup Records Liaisons............................................................ 19 4.4 Training and Updates..................................................................................................... 20 5.0 Public Records Requests.................................................................................................... 20 5.1 Format of Requests......................................................................................................... 20 5.2 Fair Notice of Records Request..................................................................................... 20 5.3 Lists of Individuals......................................................................................................... 21 5.4 Bot Requests................................................................................................................... 21 6.0 Jefferson County Response to Public Records Requests ................................................... 21 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 21 6.2 Requests for "All Records" is Insufficient..................................................................... 22 6_3 Prompt Response Required._.--._..........._.................................................................. 22 6.4 Types of Five (5) Day Responses.................................................................................. 23 6.5 Final, Definitive Response............................................................................................. 25 < Jefferson County Public Records Act Compliance Policy Page 7 of 43 6.6 Requests to Create Records or Convert Records to a Different Format or Medium ..... 26 6.8 Requests for Personnel and Employment Records........................................................ 26 6.9 Requests for Court Records............................................................................................ 26 6.10 Locating Responsive Records....................................................................................... 27 6.11 No Requirement to Create New Records to Respond to A Records Request ................ 27 6.12 Request for Records thatN_................................... .,_. 27E 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests ................ 27 6.14 Immediate Provision or Inspection of Records "Over the Counter ................................ 27 6.15 Exemptions from Production......................................................................................... 29 6.16 Withholding or Redacting Records Based on Exemptions ........................................... 29 6_17 Explanation of Exemptions............................................................................................ 30 6.18 Summaries of Common Exemptions............................................................................ 30 6. 1_9 Inspection of Responsive Records................................................................................. 32 6.20 Electronic Records......................................................................................................... 33 6.21 Installments.................................................................................................................... 33 6.22 Requestor Responsibility................................................................................................ 34 6.23 Order of Processing Requests........................................................................................ 34 6.24 Allocating Specific Amounts of Time and Resources ................................................. 35 6.25_ Multiple Requests b the Same Requestor................................................................... 35 6.26 Requests Log.................................................................................................................. 35 6.27 Preservation of Request Clarifications_ and Search Efforts ............................................ 36 7.0 _ Records Retention Required..............................................................................................36 7.1 Retention of Public Records Request Records............................................................... 36 7_2 Records _in_Request Files that Must Be_ Maintained ._...................................................... 36 7.3 Archiving and Destruction of Public Records Request Records .................................... 37 8.0 Compliance__ with Best Practices Annual _Reporting Requirements ........ .........................._37 9.0 Administrative Review...................................................................................................... 37 9.1 No Final Decision Until Review Under this Section ..................................................... 37 9.2 Petition for Review......................................................................................................... 37 9.3 Deadline for to Affirm or Reverse After Petition for Review.. ..................................... 37 9.4 Effect of Reversal Based on Petition for Review........................................................... 38 9.5 Final Decision If Affirmed ...................................... 38 anl`; �- Jefferson County Public Records Act Compliance Policy Page 8 of 43 10.0 Costs for Public Records.................................................................................................... 38 10.1 Inspection Only.............................................................................................................. 38 10.2 Records Already on Jefferson County Website............................................................. 38 10.3 Statutory Basis............... ........................................................ ......................................... 38 10.4 Calculation of Costs....................................................................................................... 38 10.5 Cost Schedule . .............. .................................................................................................. _40 10.6 Deposit................................................................................................... 40 10.7 to Fulfill Payment Requirements .................................... _._._...................... 40 __,_Failure 11 Limitations.........................................................................................................................41 1 1 1 No Additional Legal Rig_hts........................................................................................... 41 11_.2_ Statutory Ruirements and Best Practices.................................................................. 41 1 1 3 No Additional Duty That is Not Already Imposed by Law ........................................ 41 1.1.4 No Basis for Liability.................................................................................................. 41 12.0 Amendments and Corrections......................................................................................... 42 13.0 Severability.......................................................................................................................42 14.0 References..........................................................................................................................42 Proposed Public Records Request Cost Schedule: ............................... . ...................................... 43 Jefferson County Public Records Act Compliance Policy Page 9 of 43 �K 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating, authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. Theep ople insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly constnued to promotethis ublic Policv and to assure that the public interest will befud1y protected. In the event of conflict between the provisions of this chapter and any other act thc_ provisions of this chapter shall govern. " RCW 42.56.030 2.0 Definitions The following definitions apply to this Policy: 2.1 Refer to the Public Records Act for the definitions of these terms: 2.1.1 Bot Request: see RCW 42.56.080(3) 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(a) 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 2 1.4 _Person in Interest: see RCW 42._.0.1-0� 2.1.5 Public Record: see RCW 42.56.010(3) 2.1.6Writing: see RCW 42.56.010(4) 2-42.2 Backup Records Liaison: "Backup Records Liaison" means the person in each department on County designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. 2.2---Q,—oo�t "Bet requesC ».ears a request for records that : effi-.�., (`,....,t., reasonably i.o17o.,�.. was aftt�matteallygenerated by a$ornputer'prAgfi � ! Jefferson County Public Records Act Compliance Policy Page 10 of 43 2.3 Business Day: "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. 2.4 Chief Civil Deputy Prosecuting Attorney: "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. Court reeor-ds are exempt ftom the Publ:^ Q d Act d are subject to release direct!., through the Courts under th Washington Courts' General Rule 41 and Gene fal Rule 31 1 2.6 Customized EleetronL. ACoeS.. Ser.,i0o._2 2.6 Disclosure: "Disclosure" of a Record means notifying a Rquestor of the existence of a Record. Contrast with "Production". 2.7 Exempt Record: "Exempt record" means records or portions of records that are exempt from production to the public. Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42.56.070, or in case law. Exemption from production of a portion of a record does not automatically exempt the remainder of the record from production. Exempt portions of records may be subject to redaction. 2.8 Explanation of Exem tp ions: An '`Explanation of Exemptions" is the documengs) that isLarel provided to the Requestor in conjunction with a production of records when any exemption has See ROV-42-56120f K Jefferson County Public Records Act Compliance Policy Page i l of 43 k rvt� i been asserted.An explanation of exemptions is also known as an -exemption log' a "privilege log'". or a "withholding index". 2.92.9 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. 2:92. I OFinal, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confirming that Jefferson County does not intend to provide any further response to the records request. "Fullest $aarsuJefferson ounty s abl; .,tion provide fullest T-nc�rxc�- !` assistance to all tent with and as 1 telb, RC -V.' 16.56.100 and WAC- 44. 14 0400���Cotmty shall devote ' Staf€--tine--te ids requests, stent . itl, t',- Dub4 Decorrd-A-ct & ife-ment that fulfilling requests should not be an excessive imeff�reaee with an agefley�s other essential operations. Fullest assistance does not require jeffefson County to requests or to comply with aspects of a fequest. Fullest assistance also does net mean that iegerson County must agree to a request 4E)m one requester may suit in damage — di -organization of records, or excessively interfere with essential agen", functions. 2.11 Human Resources: "Human Resources" means the Human Resources Officer of Jefferson County. 2.12 Jefferson County: K Jefferson County Public Records Act Compliance Policy Page 12 of 43 "Jefferson County" means Jefferson County, Washington.' As used in this Policy, Jefferson, County refers all county departments, their divisions, and subdivisions. 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. fepresentative designated by that pefson, except that if that +s--a-rt mor, of tinder a legal disability, "person in interest;' fnea-as and ineludes the parent or duly appointed legal representative.4 2452.14 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.0 2.15 Production: "Production" of a Record means making the Record available to the Requestor for inspection and/or copying after the application of exemptions and redactions, if any Contrast with "Disclosure". 2.16 Public Records Liaison and Records Liaison: t ---j Formatted: No underline, Not Hidden Formatted: None, Indent: Left: 1", Space Before: 0 pt, After: 0 pt, Don't add space between paragraphs of the same style, Line spacing: Multiple 1.08 li, No bullets or numbering, Don't keep with next, Don't keep lines together, Tab stops: 0.5", Left + 1.13", Left "Public Records Liaison" and "Records Liaison" mean the person or persons• ----- Formatted: List Paragraph, Tab stops: 0.5", Left + designated by an elected official or department director to accept, track by log, and 1.13", Left arrange for fulfillment of requests for disclosure of records within a Jefferson County department, 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 2.18 Record: R-eeerd'' public record" as defined in RCW nn c6nln namely any identifiable S containing rite+ n f defined i -seetisen. 22.24 felating to the eenduet of government or the per-feffnanee of any govemmental o 'See RCW 36. a See ROA1 42.56.080(4. t Jefferson County Public Records Act Compliance Policy Page 13 of 43 proprietary- funf­tion jwepared -owned, used, or retained by any state of local agency 2.19.1.3 Do not have a supefvisoFy fole or delegated jeffer-son County authority.6 7 14 2 Written inc r...atiofi ereated of reeeived by employees using lion eount, devices only meet the definition of feeoM if the written int mation folates funetion prepare.) owned, used- or retained by Jefferson "Record" means "Public Record", as defined by the, Public Records _Act or pursuant to case law.8 2.19 Record holder: "Record holder" means the department or staff having custody of a record. 2.20 Request: "Request" means a request made to Jefferson County pursuant to the Public - Records Act for disclosure of records. Requests for records made pursuant to other statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. 2.21 Requestor: "Requestor" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of doubt, reference to a section includes a reference to every subsection in that section ";ee RC w-42.56.040(3)- 7-Se,—WAC 2.56.040(3)- '-Se,—wtlC 44-14 0-10: a e.g., [Vlechlinv. Cit, , of Monroe (emaiisi O'Neill v. Ci Shoreline (email metadata), Nissen v. Pierce County cell hone records), Belenski v. Jefferson Countinternet access to *s Formatted: Line spacing: single Formatted: List Paragraph, Space After: 0 pt, Tab stops: 0.5", Left + 1.13", Left K Jefferson County Public Records Act Compliance Policy Page 14 of 43 but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff: "Staff' means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means "Writing', as defin4by the Public Records Act or in case law. 3.0 General Provisions 3.1 Public Records Act Compliance. 3.1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, C-haaterRCW 42.564W—W. 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records in Jefferson County's custody that state law or court rule do not exempt or prohibit from production. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate 4 Jefferson County Public Records Act Compliance Policy Page 15 of 43 safeguards for information exempted from or prohibited from production by federal or state law. 3.2 Applicability. 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. Court records are generally exempt from the Public Records Act and are subject to release directly through the Courts under the Washington Courts General Rule 31 and General Rule 31.1. 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56.240(14), or any other statute which exempts or prohibits production of specific information or records to requestors. 3.4 Records Are the Property of 3e€€er-sen-Eeurttythe State of Washington. Reeerds maintained by jefferson County are and remain the propefty of jeffer-sen County.All public records shall be and remain the property_of the state of Washington10 and of its people. Jefferson County, a political subdivision of Washington state, prepares, owns, uses, and retains records on behalf of the people. 3.5 Use of Available Electronic Resources Encouraged. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. "' RCW 40.14.020 Jefferson County Public Records Act Compliance Policy Page 16 of 43 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public records as preided in RG n� c� P�based on the following findings: 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. 3.6.2 Jefferson County is comprised of 1-Snumerous separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4.1.1 The Public Records Officer is the person who is appointed as Public ------- Formatted: Heading 3, Left, Space After. Opt, No Records Officer for Jefferson County pursuant to RCW 42.56.580. The bullets or numbering, Don't keep with next, Don't keep c Clerk of the Board of lines together, Tab stops: Not at 0.5" + 1.13" County Commission OJefferson County Public Records Act Compliance Policy Page 17 of 43 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with Eh%2wtRCW 42.56 RCW; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure; (�� Jefferson County Public Records Act Compliance Policy Page 18 of 43 4.1.5.10 Maintain the required information and comply with the best practices annual reporting , requirements contained in ChapterRC W 40.14 R"= ; I ' and, 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under Cl�terRC W 40.14 R .''- 4.2 Chief Civil Deputy Prosecuting Attorney. 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. "See Chaptef 40.14 RC -AL "See /`haptor 4n in orui < Jefferson County Public Records Act Compliance Policy Page 19 of 43 4.3 Records Liaisons and Backup Records Liaisons. 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 The departments of Jefferson County that shall assign a Records Liaison and Backup Records Liaison are: 4.3.2.1 Assessor 4.3.2.2 Auditor 4.3.2.3 Central Services 4.3.2.4 CommunilX Development 4.3.2.5 Cooperative Extension 4.3.2.6 County Administrator 4.3.2.7 County Clerk 4.3.2.8 County Commissioners 4.3.2.9 Emergency Management 4.3.2.10 Prosecuting Attorney 4.3.2.11 Public Health 4.3.2.12 Public Works 4.3.2.13 Sheriff 4.3.2.14 Treasurer 4.3.24.1 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. 4.3.34.3.4 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs ofofPe-ia4-requests for public records fulfilled by the department. 4.:44.3.5 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RC W 40.14.026 (�� Jefferson County Public Records Act Compliance Policy Page 20 of 43 4.4 Training and Updates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. 5.0 Public Records Requests 5.1 Format of Requests. 5.1.1 No official format is required for making a records request." 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related " See RCW 42.56.080(2). VJefferson County Public Records Act Compliance Policy Page 21 of 43 to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. 5.3 Lists of Individuals. 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request that : e of multiple requests F o t would eause exeessik,e intefferenee with other essential operations of jeffefsen Couflty.14in accordance with, RCW 42.56.08 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request. 6.1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chat+terRCW 40.14-RCW.15 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the st+perviser-eFdcpartmgnf s Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. '- ''-See-G4ia pter4 40,4 - P C VV: K Jefferson County Public Records Act Compliance Policy Page 22 of 43 LAS'//INS 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of he department's Records Liaison. 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. 6.2 Requests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records. 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under ChaptefRCW 42.56-R40W or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. 16 See RCW 42.56.080(1). 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in Section 643-.6.43. 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Cha-teffRCW 40.14-RCW.17 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial response to the records request is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. 6.3.3 Jefferson County shall honor requests for identifiable records that are received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in personas a: ce «`.ateF40 1 -RC W: 18 See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 23 of 43 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest response. Requests may be fulfilled in the order of receipt, so long as easily fulfilled requests are not postponed behind larger or more complicated requests, strictly because they were received later. 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Types of Five (5) Day Responses. The initial response to the requestor shall be made in writine within five (5) business days of receipt of a request, shall acknowledge receipt of the request, shall provide to the requestor a list of the names of =. department(s) listed in Section 4.3.2 to which the request was routed, if anti,_and may take one of the following types of responsive actions: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 DireetionDirect the Requestor to Online Documents: 6.4.2.1 If the records requested are available via : Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer.19 6.4.3 Ask for Clarification of Requests, --.Request. 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification, and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified.20 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 19 Required by RCW 42.56.520(1)(b). 21 See RCW 42.56.520(1)(d). K Jefferson County Public Records Act Compliance Policy Page 24 of 43 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When a requestor agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County shouidmust advise the requestor that the request will be considered closed if the requestor fails to provide clarification as requested within 30 days the request will . 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear.21 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, definitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 21 See RCW 42.56.520(3)(b). Jefferson County Public Records Act Compliance Policy Page 25 of 43 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6.4.7.2 If there is any question as to whether any record, or any portion of a record, should be exempt from production and therefore should be denied from production to any requestor (by withholding or redaction), a Records Liaison shall consult the Prosecuting Attorney's Office or the Public Records Officer or designee, and shall give them the opportunity to inspect the subject record(s) before any such denial of production is conveyed to the requestor. 6.4.7.3 A written statement of the specific reasons for the denial must accompany any denial of a records request 22 Any denial should inform the requestor that it is the final, definitive response. 6.4.7.4 See Sections 6.15 through €..156.15 through 6.18 of this policy for Formatted: underline additional information regarding exemptions and the withholding or redacting of responsive records. 6.5 Final, Definitive Response. The Public Records 1, aisonsOfficer or designee shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to 22 See RCW 42.56.520(4). Jefferson County Public Records Act Compliance Policy Page 26 of 43 (�; provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations.23 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 21 See WAC 44-14-01002. Jefferson County Public Records Act Compliance Policy Page 27 of 43 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requester for clarification or refinement of the request, as discussed in Section 64-2.6.4.3. 6.11 No Requirement to Create New Records to Respond to A Records Request. 6.11.1 J . +s not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive to a request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests. Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requester in response to a voluminous or frequently occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy.24 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 24 RCW 42.56.120(4) K Jefferson County Public Records Act Compliance Policy Page 28 of 43 4 6.14.1.1 The requested records are easily accessible to staff; 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and; 6.14.1.3 The request is not for records that are subject to withholding or redaction due to pmdue-tion exemptions of eonfidentiality considerations. 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requestor, if provided, the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. �a Jefferson County Public Records Act Compliance Policy Page 29 of 43 kK 6.15 Exemptions from Production. 6.15.1 Requested records may be subject to exemption from production under the Public Records Act or other statutes. 6.15.2 Some records may contain specific content that is exempt from production. The presence of exempt information does not necessarily exempt an entire record from production. 6.15.3 With few exceptions, exemptions are permissive, not proscriptive; therefore,_ Jefferson_Cclunty_ may determine that certain records may be produced even if an exemption applies if doing so would serve the public interest. Such production shall be made only after review by the Chief Civil Deputy Prosecuting Attorney. 6.15.36.15.4 Common exemptions are listed in Section 6.18.1. 6.16 Withholding or Redacting Records Based on Exemptions. 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RCW 42.56.210. 6.16.2 Reeard holders ~ddepaf...,o~'^Departments' Records 6son, are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Ree Departments' Records Liaisoi, are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from production, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing production to the requester. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. Such procedures shall be )tficer or designee. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210, the requestor shall be provided, in writing, a brief explanation of the reason(s) that information has been withheld or redacted-. VAC -l"11), Jefferson County Public Records Act Compliance Policy Page 30 of 43 6.17 Explanation of Exemptions. 6.17.1 An explanation of exemptions shall (1) identify the record, (2) cite the statute that the exemption is based upon, and (3) provide a brief explanation of the statutory basis for each redaction or withholding of a record. 6.17.2 The brief explanation should provide enough information for a requester to make a threshold determination of whether the claimed exemption is proper. Nonspecific claims of exemption such as "proprietary" or "privacy are insufficient.'_' 6.17.26.17.3 Individual occurrences of the same redaction maybe listed generally in the explanation of exemptions. For example, an explanation of exemptions need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that production would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the ''' See Rental Housing Association v. Citv ol'Des Moines 199 P. 3d 393. 165 Wash. 2d 525 - Washington Supreme Court. 2009 Jefferson County Public Records Act Compliance Policy Page 31 of 43 extent production would violate their right to privacy (RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non -production is essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(l)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (5)); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County within five years of the request for disclosure when production would produce private gain and public loss (RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to ..- Formatted: underline assert any exemptions permitted by law when Jefferson County determines that such exemption applies and -serves the public interest. Gr" w' K Jefferson County Public Records Act Compliance Policy Page 32 of 43 4 �d� 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff.16 26 See WAC 44-12-01022. < Jefferson County Public Records Act Compliance Policy Page 33 of 43 k�SfI1N4 Jr 6.20 Electronic Records, 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record 27 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record .21 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an electronic format, and the cost of any physical transmission device provided by Jefferson County29 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Public Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 6.21.4 When records are produced in installments and one or more records has been withheld or redacted an explanation of exemptions (see Section 6.17) must accompany each installment in which this is the case. To provide Z' See RCW 42.56.120(1). 21 See RCW 42.56.120(1). 11 See RCW 42.56.070(7). (�� Jefferson County Public Records Act Compliance Policy Page 34 of 43 fullest assistance to requestors, it is not sufficient to provide a sin le, combined explanation of exemptions only with the final installment. 646.21.5 The Public Records Officer or designee trraymust attempt to contact the requestor at any-tinie prior to deeming an installment request abandoned. 6.22 Requestor Responsibility. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response si r,,,trn ust be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee reaymust attempt to confirm whether the requestor still wants the requested records but is not req uired-te do so. 6.22.4 If a requestor fails to claim or arrange for inspection of requested records afterbefore the expiration of the period to inspect or claim copies of ------------------- requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 0) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether =�Keµ ` Jefferson County Public Records Act Compliance Policy Page 35 of 43 redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. 6.24 Allocatin¢ Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Req_uestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 Statf is not fequired to wefk on an additional request &ot" the same feqUeStef 3alho has an Open until the initial requests are completed and edosed. 6.25.2 The Public Records Officer or designee must notify the requestor if a request is reprioritized by Staff in a way that changes the previous estimate if any, of the time required to respond to the request and must notify the LNuestor of the new, reasonable estimate of the time required. 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 6.26 Requests Loa.30 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimum: " 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; See RCW 40.14.026(4) See Chapter 4 0.14 RCIA1. ;_I w Jefferson County Public Records Act Compliance Policy Page 36 of 43 y< 6.26.1.3 The text of the original request; 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 6.26.1.6 Date of final disposition of the request. 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under Chffl?tefRCW 40.14 RGW. and shall be a record subject to diselesureproduction under chapter RC W 42.56 RCW.K 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Request Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted records for the request file. 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. "See Chapter -44444W -W-. Jefferson County Public Records Act Compliance Policy Page 37 of 43 7.3 Archiving and Destruction of Public Records Reguest Records. Within the time required by the Washington State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.026.33 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. 9.2 Petition for Review. Any person who objects to any action described in Section 9.1'may petition for prompt review of such action by submitting a written petition for review to the Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse, After Petition for Review. Prosecuting Attorney's Office shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. <� Jefferson County Public Records Act Compliance Policy Page 38 of 43 K 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Prosecuting Attorney's Office has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No. . The requirements of Jefferson County Ordinance No. are repeated below for purposes of convenience. 10.1 Inspection Only. There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means. 34 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RCW 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most 34 See RCW 42.56.120(2)(e). V�� Jefferson County Public Records Act Compliance Policy Page 39 of 43 't of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule .35 These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10.4.2 Jefferson County will charge the actual cost for the following: 10.4.2.1 Digital storage media or device provided by Jefferson County;36 10.4.2.2 Containers or envelopes used to mail copies to the requestor;37 10.4.2.3 Any postage or delivery charge;38 10.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and 10.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson County- _Estimatescstl­ - • that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes;39 10.4.3.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the 3s See RCW 42.56.120(2)(b). 16 See RCW 42.56.120(2)(b)(v). 37 See RCW 42.56.120(2)(b)(v). " See RCW 42.56.120(2)(b)(v). 39 See RCW 42.56.120(3)(a). N Jefferson County Public Records Act Compliance Policy Page 40 of 43 k specific expertise required, and a reasonable estimate of the charge; 40 and, 10.4.3.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge.4' 10.4.4 Charges may be combined if more than one type of charge applies to copies produced in response to a request 42 10.4.5 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request 43 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board of County Commissioi to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, 44 may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a 41 See RCW 42.56.120(3)(b). 41 See RCW 42.56.120(3)(b). 41 See RCW 42.56.120(2)(c). 43 See RCW 42.56.120(4). 44 See RCW 42.56.120(4). ttJefferson County Public Records Act Compliance Policy Page 41 of 43 Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11 Limitations 11.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 11.2.2 This Policy includes both statutory requirements and best practices. 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Duty That is Not Already Imposed by Law. No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. a ' Jefferson County Public Records Act Compliance Policy Page 42 of 43 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board of County Commissioners is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. 14.0 References Chapter 5 RCW Chapter 19 RCW Chapter 36 RCW_ Chapter 40.14 RCW Chapter 42.56 RCW Chapter 82.12 RCW Chapter 44-14 WAC Chapter 434-615 WAC Washington_ State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of , 2017. Jefferson County Public Records Act Compliance Policy Page 43 of 43 �K Proposed Public Records Request Cost Schedule: Public Records Request Cost Schedule45 Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoidance of doubt, the term attachment "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. For any individual request, total costs up to and including $X.XX shall be waived. 41 See RCW 42.56.120(2). RESOLUTION ATTACHMENT "A" 50N C JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) jl Jefferson County Public Records Act Compliance Policy Page 2 of 37 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 Purpose: Compliance with Public Records Act................................................................... 6 2.0 Definitions............................................................................................................................6 2.1 Refer to the Public Records Act for the definitions of these terms: ................................. 6 2.1.1 Bot Request: see RCW 42.56.080(3)............................................................................... 6 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(a) ................................. 6 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 .................................... 6 2.1.4 Person in Interest: see RCW 42.56.010(2)....................................................................... 6 2.1.5 Public Record: see RCW 42.56.010(3)............................................................................ 6 2.1.6 Writing: see RCW 42.56.010(4)...................................................................................... 6 2.2 Backup Records Liaison: ................................................................................................. 6 2.3 Business Day: ................................................................................................................... 6 2.4 Chief Civil Deputy Prosecuting Attorney: ....................................................................... 7 2.5 Court Records Request: .................................................................................................... 7 2.6 Disclosure: 7 2.7 Exempt Record: ................................................................................................................ 7 2.8 Explanation of Exemptions: ............................................................................................. 7 2.9 Failure to Provide a Record: ............................................................................................. 7 2.10 Final, Definitive Response: .............................................................................................. 7 2.11 Human Resources: ............................................................................................................ 8 2.12 Jefferson County: ............................................................................................................. 8 2.13 Normal Business Hours: ................................................................................................... 8 2.14 Policy: ............................................................................................................................... 8 2.15 Production: 8 2.16 Public Records Liaison and Records Liaison: .................................................................. 8 2.17 Public Records Officer: .................................................................................................... 8 2.18 Record: 8 2.19 Record holder: 9 Jefferson County Public Records Act Compliance Policy Page 3 of 37 2.20 Request: ............................................................................................................................ y 2.21 Requestor:.........................................................................................................................9 2.22 Section: ............................................................................................................................. 9 2.23 Staff.................................................................................................................................. 9 2.24 Web Portal: ....................................................................................................................... 9 2.25 Written Information: ........................................................................................................ 9 3.0 General Provisions............................................................................................................... 9 3.1 Public Records Act Compliance...................................................................................... 9 3.2 Applicability...................................................................................................................10 3.3 Non -Discrimination Requirement.................................................................................. 10 3.4 Records Are the Property of the State of Washington ................................................... 10 3.5 Use of Available Electronic Resources Encouraged...................................................... 10 4.0 Roles of Staff Designated to Address Public Records Requests ....................................... 11 4.1 Public Records Officer................................................................................................... 11 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. The Public Records Officer for Jefferson County is the Clerk of the Board of County Commissioners.....................................................................................11 4.2 Chief Civil Deputy Prosecuting Attorney...................................................................... 13 4.3 Records Liaisons and Backup Records Liaisons............................................................ 14 4.4 Training and Updates..................................................................................................... 15 5.0 Public Records Requests.................................................................................................... 15 5.1 Format of Requests......................................................................................................... 15 5.2 Fair Notice of Records Request..................................................................................... 15 5.3 Lists of Individuals......................................................................................................... 16 5.4 Bot Requests................................................................................................................... 16 6.0 Jefferson County Response to Public Records Requests ................................................... 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for "All Records" is Insufficient..................................................................... 17 6.3 Prompt Response Required............................................................................................ 17 6.4 Types of Five (5) Day Responses.................................................................................. 18 6.5 Final, Definitive Response............................................................................................. 20 6.6 Requests to Create Records or Convert Records to a Different Format or Medium ..... 20 6.8 Requests for Personnel and Employment Records........................................................ 21 Jefferson County Public Records Act Compliance Policy Page 4 of 37 6.9 Requests for Court Records............................................................................................ 21 6.10 Locating Responsive Records........................................................................................ 21 6.11 No Requirement to Create New Records to Respond to A Records Request ................ 21 6.12 Request for Records that No Longer Exist..................................................................... 22 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests ................ 22 6.14 Immediate Provision or Inspection of Records "Over the Counter." ............................. 22 6.15 Exemptions from Production......................................................................................... 23 6.16 Withholding or Redacting Records Based on Exemptions ............................................ 23 6.17 Explanation of Exemptions............................................................................................ 23 6.18 Summaries of Common Exemptions.............................................................................. 24 6.19 Inspection of Responsive Records................................................................................. 25 6.20 Electronic Records......................................................................................................... 26 6.21 Installments.................................................................................................................... 27 6.22 Requestor Responsibility ................................................................................................ 27 6.23 Order of Processing Requests........................................................................................ 28 6.24 Allocating Specific Amounts of Time and Resources ................................................... 28 6.25 Multiple Requests by the Same Requestor..................................................................... 28 6.26 Requests Log.................................................................................................................. 29 6.27 Preservation of Request Clarifications and Search Efforts ............................................ 29 7.0 Records Retention Required.............................................................................................. 30 7.1 Retention of Public Records Request Records............................................................... 30 7.2 Records in Request Files that Must Be Maintained....................................................... 30 7.3 Archiving and Destruction of Public Records Request Records .................................... 30 8.0 Compliance with Best Practices Annual Reporting Requirements .................................... 30 9.0 Administrative Review...................................................................................................... 30 9.1 No Final Decision Until Review Under this Section ..................................................... 30 9.2 Petition for Review......................................................................................................... 31 9.3 Deadline for to Affirm or Reverse, After Petition for Review ....................................... 31 9.4 Effect of Reversal Based on Petition for Review........................................................... 31 9.5 Final Decision, If Affirmed............................................................................................ 31 10.0 Costs for Public Records.................................................................................................... 31 10.1 Inspection Only.............................................................................................................. 31 Jefferson County Public Records Act Compliance Policy Page 5 of 37 10.2 Records Already on Jefferson County Website ........................................ 10.3 Statutory Basis........................................................................................... 10.4 Calculation of Costs.................................................................................. 10.5 Cost Schedule........................................................................................... 10.6 Deposit..................................................................................................... 10.7 Failure to Fulfill Payment Requirements ................................................. 11 Limitations................................................................................................... 11.1 No Additional Legal Rights..................................................................... 11.2 Statutory Requirements and Best Practices .............................................. 11.3 No Additional Duty That is Not Already Imposed by Law ..................... 11.4 No Basis for Liability............................................................................... 12.0 Amendments and Corrections...................................................................... 13.0 Severability.................................................................................................. 14.0 References.................................................................................................... Proposed Public Records Request Cost Schedule: ................................................. ............... 31 ............... 32 ................ 32 I ............... 34 ................ 34 ................ 34 ................ 34 ................ 34 ................ 34 ................ 35 ................ 35 ................ 35 ................ 35 ................ 36 ................ 37 Jefferson County Public Records Act Compliance Policy Page 6 of 37 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern. " RCW 42.56.030 2.0 Definitions The following definitions apply to this Policy: 2.1 Refer to the Public Records Act for the definitions of these terms: 2.1.1 Bot Request: see RCW 42.56.080(3) 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(a) 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 2.1.4 Person in Interest: see RCW 42.56.010(2) 2.1.5 Public Record: see RCW 42.56.010(3) 2.1.6 Writing: see RCW 42.56.010(4) 2.2 Backup Records Liaison: "Backup Records Liaison" means the person in each department of Jefferson County designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. 2.3 Business Day: "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. Jefferson County Public Records Act Compliance Policy Page 7 of 37 2.4 Chief Civil Deputy Prosecuting Attorney: "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. 2.6 Disclosure: "Disclosure" of a Record means notifying a Requestor of the existence of a Record. Contrast with "Production". 2.7 Exempt Record: "Exempt record" means records or portions of records that are exempt from production to the public. Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42.56.070, or in case law. Exemption from production of a portion of a record does not automatically exempt the remainder of the record from production. Exempt portions of records may be subject to redaction. 2.8 Explanation of Exemptions: An "Explanation of Exemptions" is the document(s) that is(are) provided to the Requestor in conjunction with a production of records when any exemption has been asserted. An explanation of exemptions is also known as an "exemption log", a "privilege log", or a "withholding index". 2.9 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. 2.10 Final, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confirming that Jefferson County does not intend to provide any further response to the records request. Jefferson County Public Records Act Compliance Policy Page 8 of 37 2.11 Human Resources: "Human Resources" means the Human Resources Officer of Jefferson County. 2.12 Jefferson County: "Jefferson County" means Jefferson County, Washington.' As used in this Policy, Jefferson County refers all county departments, their divisions, and subdivisions. 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. 2.14 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.15 Production: "Production" of a Record means making the Record available to the Requestor for inspection and/or copying after the application of exemptions and redactions, if any Contrast with "Disclosure". 2.16 Public Records Liaison and Records Liaison: "Public Records Liaison" and "Records Liaison" mean the person or persons designated by an elected official or department director to accept, track by log, and arrange for fulfillment of requests for disclosure of records within a Jefferson County department. 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 2.18 Record: "Record" means "Public Record", as defined by the Public Records Act or pursuant to case law.2 'See RCW 36. 2 e.g., Mechling v. City of Monroe (emails), O'Neill v. City of Shoreline (email metadata), Nissen v. Pierce County (cell phone records), Belenski v. Jefferson County (internet access logs) Jefferson County Public Records Act Compliance Policy Page 9 of 37 2.19 Record holder: "Record holder" means the department or staff having custody of a record. 2.20 Request: "Request" means a request made to Jefferson County pursuant to the Public Records Act for disclosure of records. Requests for records made pursuant to other statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. 2.21 Requestor: "Requestor" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of doubt, reference to a section includes a reference to every subsection in that section but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff: "Staff' means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means "Writing", as defined by the Public Records Act or in case law. 3.0 General Provisions 3.1 Public Records Act Compliance. 3.1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, RCW 42.56. 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records Jefferson County Public Records Act Compliance Policy Page 10 of 37 in Jefferson County's custody that state law or court rule do not exempt or prohibit from production. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate safeguards for information exempted from or prohibited from production by federal or state law. 3.2 Applicability. 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. Court records are generally exempt from the Public Records Act and are subject to release directly through the Courts under the Washington Courts' General Rule 31 and General Rule 31.1. 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56.240(14), or any other statute which exempts or prohibits production of specific information or records to requestors. 3.4 Records Are the Property of the State of Washington. All public records shall be and remain the property of the state of Washington and of its people. Jefferson County, a political subdivision of Washington state, prepares, owns, uses, and retains records on behalf of the people. 3.5 Use of Available Electronic Resources Encouraged. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the s RCW 40.14.020 Jefferson County Public Records Act Compliance Policy Page 11 of 37 requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public records based on the following findings: 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. 3.6.2 Jefferson County is comprised of numerous separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4. 1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. The Public Records Officer for Jefferson County is the Clerk of the Board of County Commissioners. 01�# Jefferson County Public Records Act Compliance Policy Page 12 of 37 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with RCW 42.56; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure, 4.1.5.10 Maintain the required information and comply with the best practices annual reporting requirements contained in RCW 40.14; and, Jefferson County Public Records Act Compliance Policy Page 13 of 37 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under RCW 40.14. 4.2 Chief Civil Deputy Prosecuting Attorney. 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. Jefferson County Public Records Act Compliance Policy Page 14 of 37 4.3 Records Liaisons and Backup Records Liaisons. 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 The departments of Jefferson County that shall assign a Records Liaison and Backup Records Liaison are: 4.3.2.1 Assessor 4.3.2.2 Auditor 4.3.2.3 Central Services 4.3.2.4 Community Development 4.3.2.5 Cooperative Extension 4.3.2.6 County Administrator 4.3.2.7 County Clerk 4.3.2.8 County Commissioners 4.3.2.9 Emergency Management 4.3.2.10 Prosecuting Attorney 4.3.2.11 Public Health 4.3.2.12 Public Works 4.3.2.13 Sheriff 4.3.2.14 Treasurer 4.3.3 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. 4.3.4 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs of requests for public records fulfilled by the department. 4.3.5 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RCW 40.14.026 Jefferson County Public Records Act Compliance Policy Page 15 of 37 4.4 Training and Updates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. 5.0 Public Records Requests 5.1 Format of Requests. 5.1.1 No official format is required for making a records request.' 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related a See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 16 of 37 to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. 5.3 Lists of Individuals. 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request in accordance with RCW 42.56.080(3). 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request 6.1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in RCW 40.14. 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the department's Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of the department's Records Liaison. 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. r Jefferson County Public Records Act Compliance Policy Page 17 of 37 6.2 Requests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records. 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under RCW 42.56 or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. See RCW 42.56.080(1). 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in Section 6.4.3. 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in RCW 40.14. 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial response to the records request is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. 6.3.3 Jefferson County shall honor requests for identifiable records that are received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in person.5 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest response. Requests may be fulfilled in the order of receipt, so long as easily fulfilled requests are not postponed behind larger or more complicated requests, strictly because they were received later. 'See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 18 of 37 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Tunes of Five (5) Day Responses. The initial response to the requestor shall be made in writing within five (5) business days of receipt of a request, shall acknowledge receipt of the request, shall provide to the requestor a list of the names of the department(s) listed in Section 4.3.2 to which the request was routed, if any, and may take one of the following types of responsive actions: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 Direct the Requestor to Online Documents: 6.4.2.1 If the records requested are available via a Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer.6 6.4.3 Ask for Clarification of Request: 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified.' 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When a requestor agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original 6 Required by RCW 42.56.520(1)(b). ' See RCW 42.56.520(1)(d). Jefferson County Public Records Act Compliance Policy Page 19 of 37 scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County must advise the requestor that the request will be considered closed if the requestor fails to provide clarification as requested within 30 days. 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear.8 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, definitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of 'See RCW 42.56.520(3)(b). Jefferson County Public Records Act Compliance Policy Page 20 of 37 the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6.4.7.2 If there is any question as to whether any record, or any portion of a record, should be exempt from production and therefore should be denied from production to any requestor (by withholding or redaction), a Records Liaison shall consult the Prosecuting Attorney's Office or the Public Records Officer or designee, and shall give them the opportunity to inspect the subject record(s) before any such denial of production is conveyed to the requestor. 6.4.7.3 A written statement of the specific reasons for the denial must accompany any denial of a records request.9 Any denial should inform the requestor that it is the final, definitive response. 6.4.7.4 See Sections 6.15 through 6.18 of this policy for additional information regarding exemptions and the withholding or redacting of responsive records. 6.5 Final, Definitive Response. The Public Records Officer or designee shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 9 See RCW 42.56.520(4). �= Jefferson County Public Records Act Compliance Policy Page 21 of 37 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations. 10 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requestor for clarification or refinement of the request, as discussed in Section 6.4.3. 6.11 No Requirement to Create New Records to Respond to A Records Request. 6.11.1 Jefferson County is not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive to a " See WAC 44-14-01002. Jefferson County Public Records Act Compliance Policy Page 22 of 37 request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests. Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor in response to a voluminous or frequently occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy. 11 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 6.14.1.1 The requested records are easily accessible to staff, 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and 6.14.1.3 The request is not for records that are subject to withholding or redaction due to exemptions considerations. 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requestor, if provided, the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. 11 RCW 42.56.120(4) Jefferson County Public Records Act Compliance Policy Page 23 of 37 6.15 Exemptions from Production. 6.15.1 Requested records may be subject to exemption from production under the Public Records Act or other statutes. 6.15.2 Some records may contain specific content that is exempt from production. The presence of exempt information does not necessarily exempt an entire record from production. 6.15.3 With few exceptions, exemptions are permissive, not proscriptive; therefore, Jefferson County may determine that certain records may be produced even if an exemption applies if doing so would serve the public interest. Such production shall be made only after review by the Chief Civil Deputy Prosecuting Attorney. 6.15.4 Common exemptions are listed in Section 6.18.1. 6.16 Withholding or Redacting Records Based on Exemptions. 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RCW 42.56.210. 6.16.2 Departments' Records Liaisons are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Departments' Records Liaisons are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from production, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing production to the requestor. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. Such procedures shall be approved by the Public Records Officer or designee. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210, the requestor shall be provided, in writing, a brief explanation of the reason(s) that information has been withheld or redacted. 6.17 Explanation of Exemptions. 6.17.1 An explanation of exemptions shall (1) identify the record, (2) cite the statute that the exemption is based upon, and (3) provide a brief Jefferson County Public Records Act Compliance Policy Page 24 of 37 explanation of the statutory basis for each redaction or withholding of a record. 6.17.2 The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Nonspecific claims of exemption such as "proprietary" or "privacy" are insufficient. 12 6.17.3 Individual occurrences of the same redaction may be listed generally in the explanation of exemptions. For example, an explanation of exemptions need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that production would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the extent production would violate their right to privacy (RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non -production is " See Rental Housing Association v. City of Des Moines 199 P. 3d 393, 165 Wash. 2d 525 - Washington Supreme Court, 2009 Jefferson County Public Records Act Compliance Policy Page 25 of 37 essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(1)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and 5)); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County within five years of the request for disclosure when production would produce private gain and public loss (RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to assert any exemptions permitted by law when Jefferson County determines that such exemption applies and serves the public interest. 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County Public Records Act Compliance Policy Page 26 of 37 Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff. 13 6.20 Electronic Records. 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record. 14 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record. 15 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an 13 See WAC 44-12-01022. " See RCW 42.56.120(1). 15 See RCW 42.56.120(1). Jefferson County Public Records Act Compliance Policy Page 27 of 37 electronic format, and the cost of any physical transmission device provided by Jefferson County. 16 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Public Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 6.21.4 When records are produced in installments and one or more records has been withheld or redacted, an explanation of exemptions (see Section 6.17) must accompany each installment in which this is the case. To provide fullest assistance to requestors, it is not sufficient to provide a single, combined explanation of exemptions only with the final installment. 6.21.5 The Public Records Officer or designee must attempt to contact the requestor prior to deeming an installment request abandoned. 6.22 Requestor Responsibility. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response must be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee must attempt to confirm whether the requestor still wants the requested records. 16 See RCW 42.56.070(7). t" Jefferson County Public Records Act Compliance Policy Page 28 of 37 6.22.4 If a requestor fails to claim or arrange for inspection of requested records before the expiration of the period to inspect or claim copies of requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 0) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. 6.24 Allocating Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Requestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 The Public Records Officer or designee must notify the requestor if a request is reprioritized by Staff in a way that changes the previous estimate, if any, of the time required to respond to the request and must notify the requestor of the new, reasonable estimate of the time required. Jefferson County Public Records Act Compliance Policy Page 29 of 37 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 6.26 Requests Log. 17 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimum: 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; 6.26.1.3 The text of the original request; 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 6.26.1.6 Date of final disposition of the request. 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under RCW 40.14, and shall be a record subject to production under RCW 42.56. 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Request Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 17 See RCW 40.14.026(4) Jefferson County Public Records Act Compliance Policy Page 30 of 37 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted records for the request file. 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. 7.3 Archiving and Destruction of Public Records Request Records. Within the time required by the Washington State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.026. 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. Jefferson County Public Records Act Compliance Policy Page 31 of 37 9.2 Petition for Review. Any person who objects to any action described in Section 9. 1, may petition for prompt review of such action by submitting a written petition for review to the Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse, After Petition for Review. Prosecuting Attorney's Office shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Prosecuting Attorney's Office has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No requirements of Jefferson County Ordinance No. of convenience. 10.1 Inspection Only. There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. The are repeated below for purposes Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the Jefferson County Public Records Act Compliance Policy Page 32 of 37 requestor has specifically requested that Jefferson County provide copies of these records through other means. 18 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RC"' 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule.19 These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10.4.2 Jefferson County will charge the actual cost for the following: 10.4.2.1 Digital storage media or device provided by Jefferson County; 20 10.4.2.2 Containers or envelopes used to mail copies to the requestor; 21 10.4.2.3 Any postage or delivery charge; 22 10.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why '$ See RCW 42.56.120(2)(e). 19 See RCW 42.56.120(2)(b). 20 See RCW 42.56.120(2)(b)(v). 21 See RCW 42.56.120(2)(b)(v). 21 See RCW 42.56.120(2)(b)(v). vv�y,T� rpl. a Jefferson County Public Records Act Compliance Policy Page 33 of 37 k °srmG�. the outside vendor cost is necessary and a reasonable estimate of the charge; and 10.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson County estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes; 23 10.4.3.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge;24 and, 10.4.3.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge.25 10.4.4 Charges may be combined if more than one type of charge applies to copies produced in response to a request.26 10.4.5 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request.27 23 See RCW 42.56.120(3xa). 24 See RCW 42.56.120(3)(b). " See RCW 42.56.120(3xb). 26 See RCW 42.56.120(2)(c). 21 See RCW 42.56.120(4). Jefferson County Public Records Act Compliance Policy Page 34 of 37 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board of County Commissioners to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, 28 may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11 Limitations 11.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 11.2.2 This Policy includes both statutory requirements and best practices. 21 See RCW 42.56.120(4). Jefferson County Public Records Act Compliance Policy Page 35 of 37 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Duly That is Not Already Imposed by No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board of County Commissioners is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. 'i Jefferson County Public Records Act Compliance Policy Page 36 of 37 14.0 References Chapter 5 RCW Chapter 19 RCW Chapter 36 RCW Chapter 40.14 RCW Chapter 42.56 RCW Chapter 82.12 RCW Chapter 44-14 WAC Chapter 434-615 WAC Washington State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of , 2017. Jefferson County Public Records Act Compliance Policy Page 37 of 37 Proposed Public Records Request Cost Schedule: Public Records Request Cost Schedule 29 Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoidance of doubt, the term attachment "electronic file", as used in RCW 42.56.120(2)(b)(111) for emails, means each discrete email and each discrete attachment to an email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. For any individual request, total costs up to and including $X.XX shall be waived. " See RCW 42.56.120(2). RESOLUTION ATTACHMENT "A" �,ON �COG kyr,:�:�•����� �� JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) tiU� Jefferson County Public Records Act Compliance Policy Page 2 of 37 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 Purpose: Compliance with Public Records Act................................................................... 6 2.0 Definitions............................................................................................................................6 2.1 Refer to the Public Records Act for the definitions of these terms: ................................. 6 2.1.1 Bot Request: see RCW 42.56.080(3)............................................................................... 6 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(a) ................................. 6 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 .................................... 6 2.1.4 Person in Interest: see RCW 42.56.010(2)....................................................................... 6 2.1.5 Public Record: see RCW 42.56.010(3)............................................................................ 6 2.1.6 Writing: see RCW 42.56.010(4)...................................................................................... 6 2.2 Backup Records Liaison: ................................................................................................. 6 2.3 Business Day: ................................................................................................................... 6 2.4 Chief Civil Deputy Prosecuting Attorney: ....................................................................... 7 2.5 Court Records Request: .................................................................................................... 7 2.6 Disclosure: ........................................................................................................................ 7 2.7 Exempt Record: ................................................................................................................ 7 2.8 Explanation of Exemptions:............................................................................................. 7 2.9 Failure to Provide a Record: ............................................................................................. 7 2.10 Final, Definitive Response: .............................................................................................. 7 2.11 Human Resources: ............................................................................................................ 8 2.12 Jefferson County: ............................................................................................................. 8 2.13 Normal Business Hours: ................................................................................................... 8 2.14 Policy: ............................................................................................................................... 8 2.15 Production: ....................................................................................................................... 8 2.16 Public Records Liaison and Records Liaison: .................................................................. 8 2.17 Public Records Officer: .................................................................................................... 8 2.18 Record: ............................................................................................................................. 8 2.19 Record holder: .................................................................................................................. 9 l)\ Jefferson County Public Records Act Compliance Policy Page 3 of 37 2.20 Request: ............................................................................................................................ 9 2.21 Requestor:.........................................................................................................................9 2.22 Section: ............................................................................................................................. 9 2.23 Staff:.................................................................................................................................9 2.24 Web Portal:....................................................................................................................... 9 2.25 Written Information: ........................................................................................................ 9 3.0 General Provisions............................................................................................................... 9 3.1 Public Records Act Compliance...................................................................................... 9 3.2 Applicability...................................................................................................................10 3.3 Non -Discrimination Requirement.................................................................................. 10 3.4 Records Are the Property of the State of Washington ................................................... 10 3.5 Use of Available Electronic Resources Encouraged...................................................... 10 4.0 Roles of Staff Designated to Address Public Records Requests ....................................... 11 4.1 Public Records Officer................................................................................................... 11 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. The Public Records Officer for Jefferson County is the Clerk of the Board of County Commissioners.................................................................................... 11 4.2 Chief Civil Deputy Prosecuting Attorney...................................................................... 13 4.3 Records Liaisons and Backup Records Liaisons............................................................ 14 4.4 Training and Updates..................................................................................................... 15 5.0 Public Records Requests.................................................................................................... 15 5.1 Format of Requests......................................................................................................... 15 5.2 Fair Notice of Records Request..................................................................................... 15 5.3 Lists of Individuals......................................................................................................... 16 5.4 Bot Requests................................................................................................................... 16 6.0 Jefferson County Response to Public Records Requests ................................................... 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for "All Records" is Insufficient..................................................................... 17 6.3 Prompt Response Required............................................................................................ 17 6.4 Types of Five (5) Day Responses.................................................................................. 18 6.5 Final, Definitive Response............................................................................................. 20 6.6 Requests to Create Records or Convert Records to a Different Format or Medium ..... 20 6.8 Requests for Personnel and Employment Records........................................................ 21 u� Jefferson County Public Records Act Compliance Policy Page 4 of 37 6.9 Requests for Court Records............................................................................................ 21 6.10 Locating Responsive Records........................................................................................ 21 6.11 No Requirement to Create New Records to Respond to A Records Request ................ 21 6.12 Request for Records that No Longer Exist..................................................................... 22 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests ................ 22 6.14 Immediate Provision or Inspection of Records "Over the Counter." ............................. 22 6.15 Exemptions from Production......................................................................................... 23 6.16 Withholding or Redacting Records Based on Exemptions ............................................ 23 6.17 Explanation of Exemptions............................................................................................ 23 6.18 Summaries of Common Exemptions............................................................................. 24 6.19 Inspection of Responsive Records................................................................................. 25 6.20 Electronic Records......................................................................................................... 26 6.21 Installments.................................................................................................................... 27 6.22 Requestor Responsibility................................................................................................ 27 6.23 Order of Processing Requests........................................................................................ 28 6.24 Allocating Specific Amounts of Time and Resources ................................................... 28 6.25 Multiple Requests by the Same Requestor..................................................................... 28 6.26 Requests Log.................................................................................................................. 29 6.27 Preservation of Request Clarifications and Search Efforts ............................................ 29 7.0 Records Retention Required.............................................................................................. 30 7.1 Retention of Public Records Request Records............................................................... 30 7.2 Records in Request Files that Must Be Maintained....................................................... 30 7.3 Archiving and Destruction of Public Records Request Records .................................... 30 8.0 Compliance with Best Practices Annual Reporting Requirements .................................... 30 9.0 Administrative Review...................................................................................................... 30 9.1 No Final Decision Until Review Under this Section ..................................................... 30 9.2 Petition for Review......................................................................................................... 31 9.3 Deadline for to Affirm or Reverse, After Petition for Review ....................................... 31 9.4 Effect of Reversal Based on Petition for Review........................................................... 31 9.5 Final Decision, If Affirmed............................................................................................ 31 10.0 Costs for Public Records.................................................................................................... 31 10.1 Inspection Only.............................................................................................................. 31 ll\ Jefferson County Public Records Act Compliance Page 5 of 37 10.2 Records Already on Jefferson County Website............................................................. 31 10.3 Statutory Basis................................................................................................................ 32 10.4 Calculation of Costs....................................................................................................... 32 10.5 Cost Schedule................................................................................................................. 34 10.6 Deposit...........................................................................................................................34 10.7 Failure to Fulfill Payment Requirements....................................................................... 34 11 Limitations......................................................................................................................... 34 11.1 No Additional Legal Rights........................................................................................... 34 11.2 Statutory Requirements and Best Practices.................................................................... 34 11.3 No Additional Duty That is Not Already Imposed by Law ........................................... 35 11.4 No Basis for Liability..................................................................................................... 35 12.0 Amendments and Corrections............................................................................................ 35 13.0 Severability........................................................................................................................ 35 14.0 References.......................................................................................................................... 36 Proposed Public Records Request Cost Schedule: ....................................................................... 37 1���y 'CUG2 .,`<{ Jefferson County Public Records Act Compliance Policy Page 6 of 37 o= yes///vC:'� 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern. " RCW 42.56.030 2.0 Definitions The following definitions apply to this Policy: 2.1 Refer to the Public Records Act for the definitions of these terms: 2. 1.1 Bot Request: see RCW 42.56.080(3) 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(a) 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 2.1.4 Person in Interest: see RCW 42.56.010(2) 2.1.5 Public Record: see RCW 42.56.010(3) 2.1.6 Writing: see RCW 42.56.010(4) 2.2 Backup Records Liaison: "Backup Records Liaison" means the person in each department of Jefferson County designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. 2.3 Business Day: "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. Jefferson County Public Records Act Compliance Policy 2.4 Chief Civil Deputy Prosecuting Attorney Page 7 of 37 "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. 2.6 Disclosure: "Disclosure" of a Record means notifying a Requestor of the existence of a Record. Contrast with "Production". 2.7 Exempt Record: "Exempt record" means records or portions of records that are exempt from production to the public. Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42.56.070, or in case law. Exemption from production of a portion of a record does not automatically exempt the remainder of the record from production. Exempt portions of records may be subject to redaction. 2.8 Explanation of Exemptions: An "Explanation of Exemptions" is the document(s) that is(are) provided to the Requestor in conjunction with a production of records when any exemption has been asserted. An explanation of exemptions is also known as an "exemption log", a "privilege log", or a "withholding index". 2.9 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. 2.10 Final, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confirming that Jefferson County does not intend to provide any further response to the records request. ti Jefferson County Public Records Act Compliance Policy Page 8 of 37 2.11 Human Resources: "Human Resources" means the Human Resources Officer of Jefferson County. 2.12 Jefferson County: "Jefferson County" means Jefferson County, Washington.' As used in this Policy, Jefferson County refers all county departments, their divisions, and subdivisions. 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. 2.14 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.15 Production: "Production" of a Record means making the Record available to the Requestor for inspection and/or copying after the application of exemptions and redactions, if any Contrast with "Disclosure". 2.16 Public Records Liaison and Records Liaison: "Public Records Liaison" and "Records Liaison" mean the person or persons designated by an elected official or department director to accept, track by log, and arrange for fulfillment of requests for disclosure of records within a Jefferson County department. 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 2.18 Record: "Record" means "Public Record", as defined by the Public Records Act or pursuant to case law.2 'See RCW 36. 2 e.g., Mechling v. City of Monroe (emails), O'Neill v. City of Shoreline (email metadata), Nissen v. Pierce County (cell phone records), Belenski v. Jefferson County (internet access logs) Ll\ Jefferson County Public Records Act Compliance Policy 2.19 Record holder: Page 9 of 37 "Record holder" means the department or staff having custody of a record. 2.20 Request: "Request" means a request made to Jefferson County pursuant to the Public Records Act for disclosure of records. Requests for records made pursuant to other statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. 2.21 Requestor: "Requestor" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of doubt, reference to a section includes a reference to every subsection in that section but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff: "Staff' means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means "Writing", as defined by the Public Records Act or in case law. 3.0 General Provisions 3.1 Public Records Act Compliance. 3.1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, RCW 42.56. 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records Jefferson County Public Records Act Compliance Policy Page 10 of 37 in Jefferson County's custody that state law or court rule do not exempt or prohibit from production. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate safeguards for information exempted from or prohibited from production by federal or state law. 3.2 Applicability. 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. Court records are generally exempt from the Public Records Act and are subject to release directly through the Courts under the Washington Courts' General Rule 31 and General Rule 31.1. 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56.240(14), or any other statute which exempts or prohibits production of specific information or records to requestors. 3.4 Records Are the Property of the State of Washington. All public records shall be and remain the property of the state of Washington and of its people. Jefferson County, a political subdivision of Washington state, prepares, owns, uses, and retains records on behalf of the people. 3.5 Use of Available Electronic Resources Encouraged. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the 3 RCW 40.14.020 Jefferson County Public Records Act Compliance Policy Page 11 of 37 requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public records based on the following findings: 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. 3.6.2 Jefferson County is comprised of numerous separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. The Public Records Officer for Jefferson County is the Clerk of the Board of County Commissioners. Yll\ Jefferson County Public Records Act Compliance Policy Page 12 of 37 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with RCW 42.56; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure; 4.1.5.10 Maintain the required information and comply with the best practices annual reporting requirements contained in RCW 40.14; and, till\ . Jefferson County Public Records Act Compliance Policy Page 13 of 37 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under RCW 40.14. 4.2 Chief Civil Deputy Prosecuting; Attorney. 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. ll\ Jefferson County Public Records Act Compliance Policy Page 14 of 37 4.3 Records Liaisons and Backup Records Liaisons. 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 The departments of Jefferson County that shall assign a Records Liaison and Backup Records Liaison are: 4.3.2.1 Assessor 4.3.2.2 Auditor 4.3.2.3 Central Services 4.3.2.4 Community Development 4.3.2.5 Cooperative Extension 4.3.2.6 County Administrator 4.3.2.7 County Clerk 4.3.2.8 County Commissioners 4.3.2.9 Emergency Management 4.3.2.10 Prosecuting Attorney 4.3.2.11 Public Health 4.3.2.12 Public Works 4.3.2.13 Sheriff 4.3.2.14 Treasurer 4.3.3 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. 4.3.4 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs of requests for public records fulfilled by the department. 4.3.5 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RC W an III WA tJefferson County Public Records Act Compliance Policy Page 15 of 37 4.4 Trainingand nd Updates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. 5.0 Public Records Requests 5.1 Format of Requests. 5. 1.1 No official format is required for making a records request.4 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related a See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 16 of 37 to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. 5.3 Lists of Individuals. 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request in accordance with RCW 42.56.080(3). 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request. 6. 1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in RCW 40.14. 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the department's Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of the department's Records Liaison. 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. till\ Jefferson County Public Records Act Compliance Policy Page 17 of 37 6.2 Requests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records. 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under RCW 42.56 or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. See RCW 42.56.080(1). 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in Section 6.4.3. 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in RCW 40.14. 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial response to the records request is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. 6.3.3 Jefferson County shall honor requests for identifiable records that are received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in person.5 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest response. Requests may be fulfilled in the order of receipt, so long as easily fulfilled requests are not postponed behind larger or more complicated requests, strictly because they were received later. 'See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 18 of 37 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Types of Five (5) Day Responses. The initial response to the requestor shall be made in writing within five (5) business days of receipt of a request, shall acknowledge receipt of the request, shall provide to the requestor a list of the names of the department(s) listed in Section 4.3.2 to which the request was routed, if any, and may take one of the following types of responsive actions: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 Direct the Requestor to Online Documents: 6.4.2.1 If the records requested are available via a Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer.6 6.4.3 Ask for Clarification of Request: 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified.' 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When a requestor agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original 6 Required by RCW 42.56.520(1)(b). ' See RCW 42.56.520(1)(d). Jefferson County Public Records Act Compliance Policy Page 19 of 37 scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County must advise the requestor that the request will be considered closed if the requestor fails to provide clarification as requested within 30 days. 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear.8 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, definitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of s See RCW 42.56.520(3)(b). i, Jefferson County Public Records Act Compliance Policy Page 20 of 37 the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6.4.7.2 If there is any question as to whether any record, or any portion of a record, should be exempt from production and therefore should be denied from production to any requestor (by withholding or redaction), a Records Liaison shall consult the Prosecuting Attorney's Office or the Public Records Officer or designee, and shall give them the opportunity to inspect the subject record(s) before any such denial of production is conveyed to the requestor. 6.4.7.3 A written statement of the specific reasons for the denial must accompany any denial of a records request.9 Any denial should inform the requestor that it is the final, definitive response. 6.4.7.4 See Sections 6.15 through 6.18 of this policy for additional information regarding exemptions and the withholding or redacting of responsive records. 6.5 Final Definitive Response. The Public Records Officer or designee shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 9 See RCW 42.56.520(4). t Jefferson County Public Records Act Compliance Policy Page 21 of 37 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations. 10 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requestor for clarification or refinement of the request, as discussed in Section 6.4.3. 6.11 No Requirement to Create New Records to Respond to A Records Request. 6.11.1 Jefferson County is not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive to a 10 See WAC 44-14-01002. Jefferson County Public Records Act Compliance Policy Page 22 of 37 request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests. Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor in response to a voluminous or frequently occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy. l i 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 6.14.1.1 The requested records are easily accessible to staff, 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and 6.14.1.3 The request is not for records that are subject to withholding or redaction due to exemptions considerations. 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requestor, if provided, the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. 11 RCW 42.5 6.120(4) l\ Jefferson County Public Records Act Compliance Policy Page 23 of 37 6.15 Exemptions from Production. 6.15.1 Requested records may be subject to exemption from production under the Public Records Act or other statutes. 6.15.2 Some records may contain specific content that is exempt from production. The presence of exempt information does not necessarily exempt an entire record from production. 6.15.3 With few exceptions, exemptions are permissive, not proscriptive; therefore, Jefferson County may determine that certain records may be produced even if an exemption applies if doing so would serve the public interest. Such production shall be made only after review by the Chief Civil Deputy Prosecuting Attorney. 6.15.4 Common exemptions are listed in Section 6.18.1. 6.16 Withholding or Redacting Records Based on Exemptions. 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RCW 42.56.210. 6.16.2 Departments' Records Liaisons are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Departments' Records Liaisons are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from production, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing production to the requestor. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. Such procedures shall be approved by the Public Records Officer or designee. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210. the requestor shall be provided, in writing, a brief explanation of the reason(s) that information has been withheld or redacted. 6.17 Explanation of Exemptions. 6.17.1 An explanation of exemptions shall (1) identify the record, (2) cite the statute that the exemption is based upon, and (3) provide a brief Jefferson County Public Records Act Compliance Policy Page 24 of 37 explanation of the statutory basis for each redaction or withholding of a record. 6.17.2 The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Nonspecific claims of exemption such as "proprietary" or "privacy" are insufficient. 12 6.17.3 Individual occurrences of the same redaction may be listed generally in the explanation of exemptions. For example, an explanation of exemptions need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that production would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the extent production would violate their right to privacy (RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non -production is 12 See Rental Housing Association v. City of Des Moines 199 P. 3d 393, 165 Wash. 2d 525 - Washington Supreme Court, 2009 t Jefferson County Public Records Act Compliance Policy Page 25 of 37 essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(1)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (5)); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County within five years of the request for disclosure when production would produce private gain and public loss (RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to assert any exemptions permitted by law when Jefferson County determines that such exemption applies and serves the public interest. 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County Public Records Act Compliance Policy Page 26 of 37 Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff. 13 6.20 Electronic Records. 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record. 14 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record.l s 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an 13 See WAC 44-12-01022. 14 See RCW 42.56.120(1). 15 See RCW 42.56.120(1). Jefferson County Public Records Act Compliance Policy Page 27 of 37 electronic format, and the cost of any physical transmission device provided by Jefferson County. 16 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Public Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 6.21.4 When records are produced in installments and one or more records has been withheld or redacted, an explanation of exemptions (see Section 6.17) must accompany each installment in which this is the case. To provide fullest assistance to requestors, it is not sufficient to provide a single, combined explanation of exemptions only with the final installment. 6.21.5 The Public Records Officer or designee must attempt to contact the requestor prior to deeming an installment request abandoned. 6.22 Requestor Responsibility. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response must be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee must attempt to confirm whether the requestor still wants the requested records. 16 See RCW 42.56.070(7). Jefferson County Public Records Act Compliance Policy Page 28 of 37 6.22.4 If a requestor fails to claim or arrange for inspection of requested records before the expiration of the period to inspect or claim copies of requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 0) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. 6.24 Allocating Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Requestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 The Public Records Officer or designee must notify the requestor if a request is reprioritized by Staff in a way that changes the previous estimate, if any, of the time required to respond to the request and must notify the requestor of the new, reasonable estimate of the time required. yl\ Jefferson County Public Records Act Compliance Policy 29 of 37 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 6.26 Requests Log. 17 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimum: 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; 6.26.1.3 The text of the original request; 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 6.26.1.6 Date of final disposition of the request. 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under RCW 40.14, and shall be a record subject to production under RCW 42.56. 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Request Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 17See RCW 40.14.026(4) V Jefferson County Public Records Act Compliance Policy Page 30 of 37 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted records for the request file. 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. 7.3 Archiving and Destruction of Public Records Request Records. Within the time required by the Washington State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.026. 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. ll\ Jefferson County Public Records Act Compliance Policy Page 31 of 37 9.2 Petition for Review. Any person who objects to any action described in Section 9. 1, may petition for prompt review of such action by submitting a written petition for review to the Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse, After Petition for Review. Prosecuting Attorney's Office shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Prosecuting Attorney's Office has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No. requirements of Jefferson County Ordinance No. of convenience. 10.1 Inspection Only. There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. The are repeated below for purposes Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the C� Jefferson County Public Records Act Compliance Po Pase 32 of 37 requestor has specifically requested that Jefferson County provide copies of these records through other means. 18 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RCW 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule.19 These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10.4.2 Jefferson County will charge the actual cost for the following: 10.4.2.1 Digital storage media or device provided by Jefferson County; 20 10.4.2.2 Containers or envelopes used to mail copies to the requestor; 21 10.4.2.3 Any postage or delivery charge; 22 10.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why 1s See RCW 42.56.120(2)(e). 19 See RCW 42.56.120(2)(b). 20 See RCW 42.56.120(2)(b)(v). 21 See RCW 42.56.120(2)(b)(v). 22 See RCW 42.56.120(2)(b)(v). Jefferson County Public Records Act Compliance Policy Page 33 of 37 the outside vendor cost is necessary and a reasonable estimate of the charge; and 10.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson County estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes; 23 10.4.3.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge; 24 and, 10.4.3.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge.zs 10.4.4 Charges may be combined if more than one type of charge applies to copies produced in response to a request. 26 10.4.5 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request.27 23 See RCW 42.56.120(3)(x). 24 See RCW 42.56.120(3)(b). 21 See RCW 42.56.120(3)(b). 26 See RCW 42.56.120(2)(c). 27 See RCW 42.56.120(4). OS Jefferson County Public Records Act Compliance Policy Page 34 of 37 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board of County Commissioners to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, 28 may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11 Limitations 11.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 11.2.2 This Policy includes both statutory requirements and best practices. 28 See RCW 42.56.120(4). Jefferson County Public Records Act Compliance Policy Page 35 of 37 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Dutv That is Not Already Imposed by Law. No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board of County Commissioners is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. till\ Jefferson County Public Records Act Compliance Policy P 14.0 References Chapter 5 RCW Chapter 19 RCW Chapter 36 RCW Chapter 40.14 RCW Chapter 42.56 RCW Chapter 82.12 RCW Chapter 44-14 WAC Chapter 434-615 WAC Washington State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of 36 of 37 2017. Jefferson County Public Records Act Compliance Policy Page 37 of 37 Proposed Public Records Request Cost Schedule: Public Records Request Cost Schedule 29 Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoidance of doubt, the term attachment "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42.56 RCW. For any individual request, total costs up to and including $X.XX shall be waived. 29 See RCW 42.56.120(2). RESOLUTION ATTACHMENT "A" 4w¢�ON C°Cr =�C . . . . . . . . . . . . . . I , JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) VJefferson County Public Records Act Compliance Policy Page 2 of 43 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 Purpose: Compliance with Public Records Act................................................................. 96 2.0 Definitions..........................................................................................................................96 2.1 Refer to the Public Records Act for the definitions of these terms: ............................... 96 2.1.1 Bot Request: see RCW 42.56.080(3)............................................................................. 96 2.1.2 Customized Electronic Access Service: see RCW 42.56.120(3)(4) ......................... 96 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 .................................. 96 2.1.4 Person in Interest: see RCW 42.56.010(2)..................................................................... 96 2. Public Record: see RCW 42.56.010(3).......................................................................... 96 2.1.6 Writing: see RCW 42.56.010(4).................................................................................... 96 2.2 Records Liaison ....................................... 96 2.3 —Backup Business Day: ............................................ ........................... .......... 106 2.4 Chief Civil Deputy Prosecuting Attorney: ................................................................... 106 2.5 Court Records Request: ........................... ....................................... 106 2.6 Exempt Record: ............. ...................................... 10-7 2.7 Failure to Provide a Record: ..................... ....................................... 117 2.8 Final, Definitive Response: ................................................. ............ 11-7 2.9 Human Resources: .......... ............................ ......... 11- 2.10 Jefferson Countv:......................................................................................................... 12-7 2.11 Normal Business Hours:. ..................................... 12-7 2.12 Policy: ............................. ........................................................................................... 128 2.13 Public Records Liaison and Records Liaison: .............................................................. 128 2.14 Public Records Officer: ................................................................................................ 138 2.15 Record: ...................................................... ...... 139 2.16 Record holder: ................ ..................................... 138 2.17 Request___.....................................................................................................................138 2.18 Requestor:.....................................................................................................................148 2.19 Section:.........................................................................................................................148 Jefferson County Public Records Act Compliance Policy Page 3 of 43 2.20 Staff.... ........................... ......... 149 2.21 Web Portal:................................................................................................................... 149 2.22 Written Information: .................................. ......... 149 3.0 General Provisions........................................................................................................... 149 3.1 Public Records Act Compliance................................................................ 149 3.2 Applicability..................................................................................................................159 3.3 Non -Discrimination Requirement.............................................................................. 154-0 3.4 Records Are Property of Jefferson County................................................................ 154 3.5 Use of Available Electronic Resources Encouraged .................................................. 164-0 4.0 Roles of Staff Designated to Address Public Records Requests ................................... 1644 4.1 Public Records Officer............................................................................................... 1644 4.2 Chief Civil Deputy Prosecuting Attorney .................................................................. 184-2 4.3 Records Liaisons and Backup Records Liaisons.................. ............... ...................... 1943 4.4 Trainingand nd Updates............................................................................................... 20 5.0 Public Records Requests....................................................................................... 2044 5.1 Format of Reguests......... ............................................................................................ 204-4 5.2 Fair Notice of Records Request......................................................................... 2044 5.3 Lists ofIndividuals..................................................................................................... 21.14 5.4 Bot Requests_,. 211-5 6.0 ............................................................................................................. Jefferson County Response to Public Records Requests ............................................... 2143 6.1 Required Communication by .Records Liaisons Upon Receipt of a Records Request. 6.2 2144 Requests for "All Records' is Insufficient................................................................. 224-6 6.3 Prompt Response Required............................................................................. 224-6 6.4 Types of Five (5) Day_ Responses .................................... 23,14 6.5 Final Definitive Response.................................................................................. 264-9 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 264-9 6.8 Requests for Personnel and Employment Records ......................................... 2629 6.9 Requests for Court Records........................................................................................ 2720 6.10 Locating Responsive Records...................................................................... 2720 6.11 No Requirement to Create New Records to Respond to A Records Request............ 2720 6.12 724- Request for Records that No Longer Exist................................................................. 2724- 6.13 6 13 Agreements in Resjonse to Voluminous or Frequently Occurring Requests............ 2724 (�� Jefferson County Public Records Act Compliance Policy Page 4 of 43 6.14 Immediate Provision or Inspection of Records "Over the Counter." ......................... 28247 6.15 Exemptions from Production..................................................................................... 2922 6.16 Withholding or Redacting Records Based on Exemptions ........................................ 2922 6.17 Explanation of Exemptions........................................................................................ 3022 6.18 Summaries of Common Exemptions......................................................................... 3023 6.19 Inspection of Responsive_ Records _............................................................................ 32N 6.20 Electronic Records..................................................................................................... 3325 6.21 Installments .......... .._._..................__............................................._._._.__. 332-5 6.22 .................. Requestor Responsibility............................................................................................ 3426 6.23 Order of Processing Requests.................................................................................... 3426 6.24 Allocating Specific Amounts of Time and Resources ............................................... 3527 6.25 Multiple Requests by the Same Requestor. ................................................................. 3527 6.26 Requests Log.............................................................................................................. 3527 6.27 Preservation of Request Clarifications and Search Efforts ........................................ 3628 7.0 Records Retention Required.......................................................................................... 3628 7.1 Retention of Public RecordsRequest Records,_....................................................... 362$ 7.2 Records in Request Files that Must Be Maintained ................................................... 3628 7.3 Archiving and Destruction of Public Records Request_Records................................ 372$ 8.0 Compliance with Best Practices Annual Reporting Requirements ................................ 3728 9.0 Administrative Review.................................................................................................. 37219 9.1 No Final Decision Until Review Under this Section ................................................. 3729 9.2 Petition for Review..................................................................................................... 3729 9.3 Deadline for to Affirm or Reverse After Petition for Review .................... 3729 9.4 Effect of Reversal Based on Petition for Review ....................................................... 3829 9.5 Final Decision If Affirmed ............................................... 3829 10.0 Costs for Public Records................................................................................................ 3839 10.1 Inspection Only.......................................................................................................... 3830 10.2 Records Already on Jefferson County Website. .................................................... 3830 10.3 Statutory Basis............................................................................................................ 3830 10.4 Calculation of Costs................................................................................................... 3830 10.5 Cost Schedule............................................................................................................. 4032 10.6 Deposit.......................................................................................................................4032 vJefferson County Public Records Act Compliance Policy Page 5 of 43 10.7 Failure to Fulfill Payment Requirements......................................I ......... 4032 I1Limitations.....................................................................................................................4132 11.1 No Additional Legal Rights ................................................ 4132 11.2 Statutory Requirements and Best Practices ...................................... 413-2 11.3 No Additional Duty That is Not Already Imposed by Law 4133 11.4 No Basis for Liability ......................_.................. 4133 12.0 Amendments and Corrections........................................................................................ 4233 13.0 Severability .......... .......................................................................................................... 423-3 14.0 References...................................................................................................................... 4234 1 Proposed Public Records Request Cost Schedule: ....................... 4333 I r' �Acc_tr............................................................ c __ - ----------------------------- --------------------- 9�efinitiens.....................................................................` } Pas1Eu�-Reeerds btatsen•.................................................... n 2 of Re nest .. 4 Fhief Civil ".S—Court Reeords Deputy-Rroseeuti"_Atteme.r•--. 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Ilf" ----- -- ----- --- Formatted: Default Paragraph Font, Check spelling and grammar -1 Formatted: Default Paragraph Font, Check spelling and Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted: Default Paragraph Font, Check spelling and grammar Formatted E173 Formatted 174] Jefferson County Public Records Act Compliance Policy Page 9 of 43 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. "The people ofthis state do not yield their sovereignty to the agencies that serve them The__ Formatted: Font: tcailc people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is notgood for them to know The people insist on remaining infonned so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly constnred to promote this public policy and to assure that the public interest will be fitllyprotected. In the event of conflict between the provisions of this chapter and any other act the rp ovisionsQthis chapter shall govern. "RCW 42 56 030 2.0 Definitions The following definitions apply to this Policy: 2.1 Refer to the Public Records Act for the definitions of these terms: 2.1.1 Bot Request: see RCW 42.56.080(3) 2.1.2 Customized Electronic Access Service: see RCW 42 56 120(3)(a) 2.1.3 Fullest Assistance: see RCW 46.56. 100 and WAC 44-14-04003 2.1.4 Person in Interest: see RCW 42.56 010(2) 2.1.5 Public Record: see RCW 42.56.010(3) 2.1.6 Writing.see RCW 42.56.010(4 242.2 Backup Records Liaison: "Backup Records Liaison" means the person in each department of Jefferson County designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. Bet -f -resords-thatJec�,? �reasonably-bell-ves was automatiea!4-7generated-by a cornputer + Jefferson County Public Records Act Compliance Policy Page 10 of 43 2.3 Business Day: "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. 2.4 Chief Civil Deputy Prosecuting Attorney: "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. C -f o=,-the-P-ubki Rte, ds--Act-a ni!7-arm the 2.6 Disclosures a °'_____ ---I "Disclosure" of a Record means notifying a Requestor of the existence of a Record. Contrast with -Production"."Custofnized eleetraniethe use 2.7 Exempt Record. "Exempt record" means records or portions of records that are exempt from production to the public Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42 56.070 or in case law. Exemption from production of a portion of a record does not automatically exempt the remainder of the record from production Exempt portions of records may be subiect to redaction. 2.8 Explanation of Exemptions: An "Explanation of Exemptions" is the document(s) that is(are) provided to the Requestor in conjunction with a production of records when any exemption has been asserted An explanation of exemptions is also known as an -exemption log', a "privilege log" or a "withholding index". (�� Jefferson County Public Records Act Compliance Policy Page 11 of 43 2-42.9 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. x-92. l OFinal, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confirming that Jefferson County does not intend to provide any further response to the records request. 2.11 Human Resources: "Human Resources" means the Human Resources Officer of Jefferson Count)/. tJefferson County Public Records Act Compliance Policy Page 12 of 43 2.12 Jefferson County: "Jefferson County" means Jefferson County, Washington.' As used in this Policy. Jefferson County refers all county departments their divisions and subdivisions. solid waste (ree�yeling), building permitting, planiiift seraiees: 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. -pp,psAn in Intefest" means the person whe is the subjeet of Fd or aft), Feprese under a legal disability, npefsefi in intefest" means and ineludes the pafent-f� 2-.4-52.14 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.15 Production: "Production" of a Record means making the Record available to the Reouestor for inspection and/or copying after the application of exemptions and redactions, if any Contrast with "Disclosure''. 2.16 Public Records Liaison and Records Liaison: "Public Records Liaison" and "Records Liaison" mean the person or persons- ----- Formatted: List Paragraph, Tab stops: 0.5", Left + designated by an elected official or department director to accept, track by log, and 1.13", Left arrange for fulfillment of requests for disclosure of records within a Jefferson County department. '_See RCW 36. Jefferson County Public Records Act Compliance Policy Page 13 of 43 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 2.18 Record: "Record" means "Public Record". as defined by the Public Records Act or pursuant to case law.` -Reeor,d- means -Public record", as-��RCW 42.56.010name!), any 4dentifiable re ,,..a6"written n fetination" s defa � Seetion 2.21 Felating to the canduet of govemnient or the peffeRnanee of any governmental o ^prvpr-Tazaiy-ra fi, *icTrt'Tr prepared -, -awned, used, or retained by an), state of le eal ageney regardless of physieal f;gFffl or eharacter-i sties. 2.18.1 Thi 's definition does not inelude feeords that afe not otherwise- required {e. 2.18.1.2 Have not been—appointed y 2.19.1.3 Do not have a supen,isoFy role or delegated jeffersen County aut#erity., devices only meet the i3fTeeoFd- Frr-crtc' ,...tt..n inf,rina...,., felateo 2.19 Record holder: "Record holder" means the department or staff having custody of a record. 2.20 Request: Formatted: Heading 3, Left, Space After. 0 pt, No bullets or numbering, Tab stops: Not at 0.5" + 1.13" Formatted: Line spacing: single "Request" means a request made to Jefferson County pursuant to the Public- Formatted: List Paragraph, space After. 0 pt, Tab Records Act for disclosure of records. Requests for records made pursuant to other stops: 0.5", Left + 1.13", Left statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. _ ,IrinAv. City of Monroe lemails). O'1Veil1_v. City olShoreline (email metadata). Nissen v. Pierce Counts tcell phone records), Belenski v. Jetkrson County lintemet access logs H a See nCW 42-4ir n2.cc. 4404, '-See-WAC-444441-0- Jefferson County Public Records Act Compliance Policy Page 14 of 43 2 2.21 Requestor: "Requestor" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of doubt, reference to a section includes a reference to every subsection in that section but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff: "Staff" means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means "Writing" as defined by the Public Records Act or in case law. "I.A.'rissen infoi:matimi" means handwriting, typewriting, printing, photostating, photographing, and form -0 pictures, sounds, or- symbols, of eombination thefeof-, and all Mefs, maps, magnetie-o� tapes, photographic films and prints, metion pietur rim and 9 data, meluding email, that meet this definition shall be eansidered wfitten rm infoation. 3.0 General Provisions 3.1 Public Records Act Compliance. 3.1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, ghgptttERC W 42.56 -RC' W. 'See RCC Jefferson County Public Records Act Compliance Policy Page 15 of 43 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records in Jefferson County's custody that state law or court rule do not exempt or prohibit from �'iarproduction. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate safeguards for information exempted from or prohibited from diselowre production by federal or state law. 3.2 Applicability. 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. Court records are generally exempt from the Public Records Act and__e directl are subject to releasy through the Courts under the Washington Courts' General Rule 31 and General Rule 31 1 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56.240(14), or any other statute which exempts or prohibits disclosfeproduction of specific information or records to requestors. 3.4 Records Are the Property of reF�seft::C nrthe State of Washington. All public records shall be and remain the property of the state of Washington10 and of its people. Jefferson County, a political subdivision of Washington state prepares, owns, uses and retains rRecords remain the propeF4y of jeff�fsofi Count) n behalf of the people. �" RCW 40.14.020 Jefferson County Public Records Act Compliance Policy Page 16 of 43 3.5 Use of Available Electronic Resources Encouraged. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public records as-pfevided r based on the following findings: 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. 3.6.2 Jefferson County is comprised of 14 -numerous separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. The Public Records Officer for Jefferson CountX is the Clerk of the Board of Countyy Commissioners. Jefferson County Public Records Act Compliance Policy Page 17 of 43 L vGt�T 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with gh�RCW 42.56 RGW; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure; Jefferson County Public Records Act Compliance Policy Page 18 of 43 4.1.5.10 Maintain the required information and comply with the best practices annual reporting requirements contained in Chaptef RCW 40.144W—W; ' and, 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under Clia 40.14 REW."2 4.2 Chief Civil Deputy Prosecuting Attorney. 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. 4tcmr��.4 44 -RCN: 12-See-ChapIr-443. a-4 RO AL Jefferson County Public Records Act Compliance Policy Page 19 of 43 4.3 Records Liaisons and Backup Records Liaisons 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 The departments of Jefferson County that shall assign a Records Liaison and Backup Records Liaison are: 4.3.2.1 Assessor 4.3.2.2 Auditor 4.3.2.3 Central Services 4.3.2.4 Community Development 4.3.2.5 Cooperative Extension 4.3.2.6 County Administrator 4.3.2.7 Countv Clerk 4.3.2.8 County Commissioners 4.3.2.9 Emergency Management 4.3.2.10 Prosecuting Attorn 4.3.2.11 Public Health 4.3.2.12 Public Works 4.3.2.13 Sheriff 4.3.14.3.2.14 Treasurer 4.3.24.3.3 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. ------ Formatted: Indent Left 1.5", Hanging: 0.75' ` ---- Formatted: Indent Left: 1.5", Hanging: 0.75' 9 4 3 14.3.4 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs of o�requests for public records fulfilled by the department. 43:44.3.5 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RCW 40.14.026 Jefferson County Public Records Act Compliance Policy Page 20 of 43 4.4 Training and Updates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. 5.0 Public Records Requests 5.1 Format of Requests. 5.1.1 No official format is required for making a records request.13 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related 13 See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 21 of 43 to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. 5.3 Lists of Individuals. 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request in accordance with RCW 42.56.080(3)_ that is one of multiple requests ffem the requester wi I i ., I F h0UF period, intefferenee with th {{ 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request 6.1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Cjfflpter-RCW 40.14 WW.{' 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the ergdepartment's Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. See RCW 42.56.090(3). 5See ChapteF4444-R-C-W. Jefferson County Public Records Act Compliance Policy Page 22 of 43 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of their departmen(s-sapewisef-er Records Liaison. 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. 6.2 Requests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under C�RCW 42.5642 -C -W or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. See RC W 42.56.0800 )16. 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in _6.4.36 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in C-#apter-RM 40.144WVV.1 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial response to the records request is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. See R-CW42-56.09", See ChapteF4444-RCW. Formatted: Underline J Formatted: Underline Jefferson County Public Records Act Compliance Policy Page 23 of 43 6.3.3 Jefferson County shall honor requests for identifiable records that are received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in person." 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest response. Requests may be fulfilled in the order of receipt, so long as easily fulfilled requests are not postponed behind larger or more complicated requests, strictly because they were received later. 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Types of Five (5) Day Responses. The initial response to the requestor shall be made in writine within five (5) business days of receipt of a request, shall acknowledge receipt of the request, Ilal_I _ _,:tion Formatted: Underline 4.3.24 uch the request was routed, if any, and may take -one -of the --- Formatted: Underline following types of responsive actions: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 Direct the Requestor to ion to Online Documents: 6.4.2.1 If the records requested are available via a Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer.19 6.4.3 Ask for Clarification of Requests: 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification; and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified.20 1B See RCW 42.56.080(2). t9 Required by RCW 42.56.520(1)(b). 20 See RCW 42.56.520(1)(d). (�� Jefferson County Public Records Act Compliance Policy Page 24 of 43 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When a requestor agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County should must advise the requestor that the request will be considered closed if the requestor fails to provide clarification as requested within 30 days the request will be considered. 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear. 21 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, definitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 21 See RCW 42.56.520(3)(b). tJefferson County Public Records Act Compliance Policy Page 25 of 43 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6.4.7.2 If there is any questa n as to whether any record or any portion of a record, should be exempt from production and therefore should be denied _from production to anv reouestor 1. withholding or redaction) a Records Liaison shall consult the Prosecuting Attorn_ey,'s Office or the Public Records Officer or designee. and shAl_l ive them the opportunity t in pect_the subject record(s) before any such denial of production is conveyed to the reauestor. or -- b 'A if 64444'ft7qt 6i MS11-I.- Onns- IN it 0+0 the �40"sry��'i�ee ifi .{i eEr-=arvs-tirEYit'-----*Pf1 Fa=+AF1-t i� F�Outrineumbered + Level: 4 +Numbering if there is any question as to whether reeefds of: peftions of reeords- subjereq fnp &@fn diselesure, th oas Sat: 1 + Alignment: Left + Aligned --[,Form .15" Jefferson County Public Records Act Compliance Policy Page 26 of 43 64.7-: 6.4.7.3 A written statement of the specific reasons for the denial must accompany any denial of a records request z2 Any denial should inform the requestor that it is the final, definitive response. 6.4.7.36.4.7.4 See Sections 6.156.'0 5-6-1 through 6.186.18 6.18 of this _ _ ._-- 'Formatted: Underline Policy for additional information regarding exem�3tions and the Formatted: Underline withholding or redacting of responsive records. Formatted: Underline 6.5 Final Definitive Response. The Publi or designeeReeerds-L--iaisens shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations 23 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. 22 See RCW 42.56.520(4). " See WAC 44-14-01002. Jefferson County Public Records Act Compliance Policy Page 27 of 43 Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requestor for clarification or refinement of the request, as discussed in Section 6.4.3Seetia+r6.43. 6.11 No Requirement to Create New Records to Respond to A Records Request 6.11.1 Reeards Liaisons a staff are Jefferson County is not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive to a request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor in response to a voluminous or frequently Jefferson County Public Records Act Compliance Policy Page 28 of 43 occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy. 24 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 6.14.1.1 The requested records are easily accessible to staff; 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and, 6.14.1.3 The request is not for records that are subject to withholding or redaction due to diselosun exemptions car eonfidentiality considerations. 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requester, if provided, the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. 24 RCW 42.56.120(4) Jefferson County Public Records Act Compliance Policy Page 29 of 43 6.15 Exemptions from DiselesureProduction. 6.15.1 Requested records maybe subject to exemption from d+selesure-production under the Public Records Act or other statutes. 6.15.2 _Some records may contain specific content that is exempt from a..�unproduction. The presence of exempt information does not necessarily exempt an entire record from disclosure production. 6.1-526.15.3 With few exceptions exemptions are permissive not..proscriptive; therefore, Jefferson Countv may determine that certain records may be produced even if an exemption applies if doing so would serve the public interest. Such production shall be made only after review by the Chief Civil Deputy Prosecuting Attorney, 6.15.36.15.4 Common exemptions are listed in Section 6.18.1. 6.16 Withholdin¢ or Redacting Records Based on Exemptions. 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RCW 42.56.210. 6.16.2 Departments' Records Liaisons are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Ret Departments'___ Records Li are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from 1esL tion, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing the diselosureproduction to the requestor. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. Such procedures shall be _Publi, T1s Officer .;snee. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210, the requestor shall be intmn edprovided, in writing, of ab explanation of the reason(s) that information has been withheld or redacted. Jefferson County Public Records Act Compliance Policy Page 30 of 43 6.17 Explanation of -Exemptions- Logs. 6.17.1 An explanation of exemptions --log shall ------- listing ----. Formatted: Indent. Left 1", Hanging: 0.6" identify the record (2) cite the statute that the exemption is based upon and (3) provide a brief explanation of the statutory basis for each redaction or reeefd witthheldwithholding of_ a record. &.4746.17.2 The brief explanation should provide enough information for a reguestor to make a threshold determination of whether the claimed exemption is proper. Nonspecific claims of exemption such as "proprietary or -privacy are insufficient.25 64 7.26.17.3 Individual occurrences of the same redaction maybe listed generally in the ^lanar Iexemptions-leg. For example, an ey -' ,,� -1;�— of exemption.., h),-, need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that diselosur production would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the Se�entai Housb�ssocintiar n City of Des �Noines 199 P 3d 393, 165 Wash. 2d 525 -Washington Supreme Court, 2009 Formatted: FOnt:Itak 1 J Jefferson County Public Records Act Compliance Policy Page 31 of 43 extent production would violate their right to privacy (RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non diselastfre is essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(1)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (5)); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County within five years of the request for disclosure when disclosure production _would produce private gain and public loss RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson_ County reserves the right to f- Formatted: underline assert any exemptions permitted by law when Jefferson County determines that such exemption applies and that non dis la ure serves the public interest. Jefferson County Public Records Act Compliance Policy Page 32 of 43 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff.26 11 See WAC 44-12-01022. Jefferson County Public Records Act Compliance Policy Page 33 of 43 6.20 Electronic Records. 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record.27 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record." 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an electronic format, and the cost of any physical transmission device provided by Jefferson County " 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Public Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 636.21.4 When records are produced in installments and one or more records has been withheld or redacted an explanation of exemptions (see i_ection Formatted: underline .6.176.1-7) must accompany each installment in which this is the case To _- Formatted: underfne 21 See RCW 42.56.120(1). 21 See RCW 42.56.120(1). 29 See RCW 42.56.070(7). Jefferson County Public Records Act Compliance Policy Page 34 of 43 provide fullest assistance to re�uestorsit is not sufficient to provide a single combined explanation of exemptions only with the final installment. 6.21.46.21.5 The Public Records Officer or designee +nay-must_attempt to contact the requestor at-ar+y-tbneprior to deeming an installment request abandoned. 6.22 Requestor Responsibility. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response should -must be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee iiiay must attempt to confirm whether the requestor still wants the requested records-but-is-ne required4o-& se. 6.22.4 If a requestor fails to claim or arrange for inspection of requested records after—befgrc the expiration of the period to inspect or claim copies of requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing: Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 6) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether Jefferson County Public Records Act Compliance Policy Page 35 of 43 redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. 6.24 Allocating Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Requestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 The Public Records Officer or designee must notify the requestor if a request is reprioritized by Staff in a way that changes the previous estimate Lf any, of thetime required to respond to the request and must notifythe re4uestor_of the new, reasonable estimate of the time reauired.Sta€f-is-net an epen prev}eus request . 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 6.26 Requests Log_�0 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimum: ' 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; 6.26.1.3 The text of the original request; i0 See RCW 40.14.026(41 >+cooChapter -oGW_4 6 m RC- W.. r Jefferson County Public Records Act Compliance Policy Page 36 of 43 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 6.26.1.6 Date of final disposition of the request. 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under C—hVtter-RCW 40.14 REW, and shall be a record subject to dice osare production under ehapter-4RCW 42.56 RCW.'2 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Request Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted records for the request file. 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. ='= Jefferson County Public Records Act Compliance Policy Page 37 of 43 7.3 Archiving and Destruction of Public Records Request Records Within the time required by the Washington State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.026:22 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. 9.2 Petition for Review. Any person who objects to any action described in Section 9.1'may petition for prompt review of such action by submitting a written petition for review to the ,uty Prosecuting Attorney and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse. After Petition for Review. The Chief Giyil Deputy Prosecuting Attorney. ..r shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. ''-S,, Cha14rr-4?.14-RC W Jefferson County Public Records Act Compliance Policy Page 38 of 43 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Chief Civil Dep l Prosecuting Attorney's Oi, affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the C-4+ ' f � 1- epti -Prosecuting Attorney'" s "- has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No. . The requirements of Jefferson County Ordinance No. are repeated below for purposes of convenience. 10.1 Inspection Only. There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means.34 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RCW 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published 34 See RCW 42.56.120(2)(e). Jefferson County Public Records Act Compliance Policy Page 39 of 43 in the Jefferson County Public Records Request Cost Schedule.35 These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt the term "electronic tile" as used in RCW 42.56.120(2)(b)0i0 for emails, means each discrete email and each discrete attachment to an email. 10.4.2 Jefferson County will charge the actual cost for the following: 10.4.2.1 Digital storage media or device provided by Jefferson County;36 10.4.2.2 Containers or envelopes used to mail copies to the requestor;37 10.4.2.3 Any postage or delivery charge;38 10.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and 10.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson County_ L -estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes;39 10.4.3.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the 31 See RCW 42.56.120(2)(b). 36 See RCW 42.56.120(2)(b)(v). 37 See RCW 42.56.120(2)(b)(v). " See RCW 42.56.120(2)(b)(v). 39 See RCW 42.56.120(3)(a). specific expertise required, and a reasonable estimate of the charge; 40 and, 10.4.3.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge.41 10.4.4 Charges may be combined if more than one type of charge applies to copies produced in response to a request 42 10.4.5 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request 43 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board of County Commissioners to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, 44 may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a 40 See RCW 42.56.120(3)(b). 41 See RCW 42.56.120(3)(b). 41 See RCW 42.56.120(2)(c). 43 See RCW 42.56.120(4). 44 See RCW 42.56.120(4). V Jefferson County Public Records Act Compliance Policy Page 41 of 43 Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11 Limitations 11.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 11.2.2 This Policy includes both statutory requirements and best practices. 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Duty That is Not Already Imposed by Law. No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. t Jefferson County Public Records Act Compliance Policy Page 42 of 43 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board of County Commissioners is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. 14.0 References Chapter 5 RCW Chapter 19 RCW Chanter 36 RCW Chapter 40.14 RCW Chapter 42.56 RCW Chapter 82.12 RCW Chapter 44-14 WAC Chapter 434-615 WAC Washington State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of , 2017. (�KJefferson County Public Records Act Compliance Policy Page 43 of 43 Proposed Public Records Request Cost Schedule: Public Records Request Cost Schedule45 Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoid, attachment electronic file', as used in RCW 42.56.120(2)(b)(iii) for emails, means m email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130. the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chanter 42.56 RCW. For any individual request, total costs up to and including $XAX shall be waived. 41 See RCW 42.56.120(2). 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grammar Page 7: [168] Formatted Tom T Default Paragraph Font, Check spelling and grammar 4/28/2018 2:25:00 PM 4/28/2018 2:25:00 PM 4/28/2018 2:25:00 PM 4/28/2018 2:25:00 PM 4/28/2018 2:25:00 PM 4/28/2018 2:25:00 PM Page 7: [169] Formatted Tom T 4/28/2018 2:25:00 PM Default Paragraph Font, Check spelling and grammar ---- -- — Page 7: [170] Formatted Tom T – -- - 4/28/2018 2:25:00 PM Default Paragraph Font, Check spelling and grammar Page 7: [171] Formatted Tom T 4/28/2018 2:25:00 PM Default Paragraph Font, Check spelling and grammar Page 7: [172] Formatted Tom T 4/28/2018 2:25:00 PM Default Paragraph Font, Check spelling and grammar Page 8: [173] Formatted Tom T 4/28/2018 2:25:00 PM Default Paragraph Font, Check spelling and grammar Page 8: [174] Formatted Tom T 4/28/2018 2:25:00 PM Default Paragraph Font, Check spelling and grammar RESOLUTION ATTACHMENT "A" JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Jefferson County Public Records Act Compliance Policy Page 2 of 36 JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY (Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27, 2006 and [date of adoption]) Section Index: 1.0 Purpose: Compliance with Public Records Act................................................................... 6 2.0 Definitions............................................................................................................................6 2.1 Backup Records Liaison: ................................................................................................. 6 2.2 Bot Request: ..................................................................................................................... 6 2.3 Business Day: ................................................................................................................... 6 2.4 Chief Civil Deputy Prosecuting Attorney: ....................................................................... 6 2.5 Court Records Request: .................................................................................................... 6 2.6 Customized Electronic Access Service: ........................................................................... 7 2.7 Exempt Record: ................................................................................................................ 7 2.8 Failure to Provide a Record: ............................................................................................. 7 2.9 Final, Definitive Response: .............................................................................................. 7 2.10 Fullest Assistance: ............................................................................................................ 7 2.11 Human Resources: ............................................................................................................ 8 2.12 Jefferson County: ............................................................................................................. 8 2.13 Normal Business Hours: ................................................................................................... 8 2.14 Person in Interest: ............................................................................................................. 8 2.15 Policy: ............................................................................................................................... 8 2.16 Public Records Liaison and Records Liaison: .................................................................. 8 2.17 Public Records Officer: .................................................................................................... 8 2.18 Record: ............................................................................................................................. 9 2.19 Record holder: .................................................................................................................. 9 2.20 Request: ............................................................................................................................ 9 2.21 Requestor:.........................................................................................................................9 2.22 Section: ............................................................................................................................. 9 2.23 Staff................................................................................................................................ 10 2.24 Web Portal: ..................................................................................................................... 10 2.25 Written Information: ...................................................................................................... 10 Jefferson County Public Records Act Compliance Po 3 of 36 3.0 General Provisions............................................................................................................. 10 3.1 Public Records Act Compliance.................................................................................... 10 3.2 Applicability...................................................................................................................11 3.3 Non -Discrimination Requirement.................................................................................. 11 3.4 Records Are Property of Jefferson County.................................................................... 11 3.5 Use of Available Electronic Resources Encouraged...................................................... 11 4.0 Roles of Staff Designated to Address Public Records Requests ....................................... 12 4.1 Public Records Officer................................................................................................... 12 4.2 Chief Civil Deputy Prosecuting Attorney...................................................................... 13 4.3 Records Liaisons and Backup Records Liaisons............................................................ 14 4.4 Training and Updates..................................................................................................... 14 5.0 Public Records Requests.................................................................................................... 15 5.1 Format of Requests......................................................................................................... 15 5.2 Fair Notice of Records Request..................................................................................... 15 5.3 Lists of Individuals......................................................................................................... 16 5.4 Bot Requests................................................................................................................... 16 6.0 Jefferson County Response to Public Records Requests ................................................... 16 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request... 16 6.2 Requests for "All Records" is Insufficient..................................................................... 17 6.3 Prompt Response Required............................................................................................ 17 6.4 Types of Five (5) Day Responses.................................................................................. 18 6.5 Final, Definitive Response............................................................................................. 20 6.6 Requests to Create Records or Convert Records to a Different Format or Medium ..... 21 6.8 Requests for Personnel and Employment Records........................................................ 21 6.9 Requests for Court Records............................................................................................ 21 6.10 Locating Responsive Records........................................................................................ 21 6.11 No Requirement to Create New Records to Respond to A Records Request ................ 21 6.12 Request for Records that No Longer Exist..................................................................... 22 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests ................ 22 6.14 Immediate Provision or Inspection of Records "Over the Counter." ............................. 22 6.15 Exemptions from Production......................................................................................... 23 6.16 Withholding or Redacting Records Based on Exemptions ............................................ 23 Jefferson County Public Records Act Compliance Policy Page 4 of 36 s 6.17 Explanation of Exemptions............................................................................................ 23 6.18 Summaries of Common Exemptions.............................................................................. 24 6.19 Inspection of Responsive Records................................................................................. 25 6.20 Electronic Records......................................................................................................... 26 6.21 Installments.................................................................................................................... 26 6.22 Requestor Responsibility................................................................................................ 27 6.23 Order of Processing Requests........................................................................................ 27 6.24 Allocating Specific Amounts of Time and Resources ................................................... 28 6.25 Multiple Requests by the Same Requestor..................................................................... 28 6.26 Requests Log.................................................................................................................. 28 6.27 Preservation of Request Clarifications and Search Efforts ............................................ 29 7.0 Records Retention Required.............................................................................................. 29 7.1 Retention of Public Records Request Records............................................................... 29 7.2 Records in Request Files that Must Be Maintained....................................................... 29 7.3 Archiving and Destruction of Public Records Request Records .................................... 29 8.0 Compliance with Best Practices Annual Reporting Requirements .................................... 29 9.0 Administrative Review...................................................................................................... 30 9.1 No Final Decision Until Review Under this Section ..................................................... 30 9.2 Petition for Review......................................................................................................... 30 9.3 Deadline for to Affirm or Reverse, After Petition for Review ....................................... 30 9.4 Effect of Reversal Based on Petition for Review........................................................... 30 9.5 Final Decision, If Affirmed............................................................................................ 30 10.0 Costs for Public Records.................................................................................................... 31 10.1 Inspection Only.............................................................................................................. 31 10.2 Records Already on Jefferson County Website............................................................. 31 10.3 Statutory Basis................................................................................................................ 31 10.4 Calculation of Costs....................................................................................................... 31 10.5 Cost Schedule................................................................................................................. 33 10.6 Deposit...........................................................................................................................33 10.7 Failure to Fulfill Payment Requirements....................................................................... 33 11 Limitations......................................................................................................................... 33 11.1 No Additional Legal Rights........................................................................................... 33 Jefferson County Public Records Act Compliance Policy Page 5 of 36 11.2 Statutory Requirements and Best Practices.................................................................... 33 11.3 No Additional Duty That is Not Already Imposed by Law ........................................... 34 11.4 No Basis for Liability..................................................................................................... 34 12.0 Amendments and Corrections............................................................................................ 34 13.0 Severability........................................................................................................................ 34 14.0 References..........................................................................................................................35 Proposed Public Records Request Cost Schedule: ....................................................................... 36 ►f Jefferson County Public Records Act Compliance Policy Page 6 of 36 1.0 Purpose: Compliance with Public Records Act Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public Records Act), which requires Jefferson County to adopt and enforce reasonable rules and regulations to provide full access to records. 2.0 Definitions The following definitions apply to this Policy: 2.1 Backup Records Liaison: "Backup Records Liaison" means the person in each department designated as the backup person for responding to records requests when Records Liaisons are not available to respond to records requests. For the avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records Liaison when a Records Liaison is not available to respond to records requests. 2.2 Bot Request: "Bot request" means a request for records that Jefferson County reasonably believes was automatically generated by a computer program or a script.1 2.3 Business Day: "Business day" means the days Jefferson County is open for business. Business days do not include weekends and Jefferson County holidays. 2.4 Chief Civil Deputy Prosecuting Attorney: "Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson County Prosecuting Attorney's Office responsible for providing legal guidance and assistance in processing records requests. 2.5 Court Records Request: "Court records request" means any request for Jefferson County District Court or Jefferson County Superior Court records. Court records are exempt from the Public Records Act and are subject to release directly through the Courts under the Washington Courts' General Rule 31 and General Rule 31.1. ' See RCW 42.56.080(3). r Jefferson County Public Records Act Compliance Policy Page 7 of 36 2.6 Customized Electronic Access Service: z "Customized electronic access service" means the use of information technology expertise to prepare data extracts or compilations, or provide other customized electronic information access when the compilations or customized electronic access documents are not prepared and used by Jefferson County in its normal course of business. 2.7 Exempt Record: "Exempt record" means records or portions of records that are exempt from production to the public. Exemptions include those identified in the Public Records Act or in other statutes incorporated by RCW 42.56.070, or in case law. Exemption from production of a portion of a record does not automatically exempt the remainder of the record from production. Exempt portions of records may be subject to redaction. 2.8 Failure to Provide a Record: "Failure to Provide a Record" means any action by any Jefferson County employee that results in: (a) The failure to respond to a request; (b) Without justification, the failure to provide timely a requested record or any portion of it; (c) The express denial of a request for a record; (d) The refusal to provide a record; (e) Without justification, the claim of an exemption for a record or any portion of it; or, (f) the closure of a request for any reason. 2.9 Final, Definitive Response: "Final, Definitive Response" means Jefferson County's final response to a records request, confirming that Jefferson County does not intend to provide any further response to the records request. 2.10 Fullest Assistance: "Fullest assistance" means Jefferson County's obligation to provide fullest assistance to all requesters, consistent with and as limited by RCW 46.56. 100 and WAC 44-14-04003. Jefferson County shall devote sufficient staff time to processing records requests, consistent with the Public Record Act's requirement that fulfilling requests should not be an excessive interference with an agency's other essential operations. Fullest assistance does not require Jefferson County to ignore or modify its internal business processes for responding to public records requests or to comply with aspects of a request. Fullest assistance also does not mean that Jefferson County must agree to a request from one requester if doing so may detrimentally affect Jefferson County's ability to provide fullest assistance to 2 See RCW 42.56.120(3)(a). Jefferson County Public Records Act Compliance Policy Page 8 of 36 other requesters, result in damage or disorganization of records, or excessively interfere with essential agency functions. 2.11 Human Resources: "Human Resources" means the Human Resources Officer. 2.12 Jefferson County: "Jefferson County" means Jefferson County, Washington. Jefferson County is a general-purpose governmental entity that provides a range of municipal services allowed by statute or charter. These services include, but are not limited to police, emergency management, public health, vehicle licensing, voter registration, property assessments, facilities maintenance, street maintenance, solid waste (recycling), building permitting, planning, and zoning, parks and recreation, adult, and juvenile court, prosecuting and general administrative services. 2.13 Normal Business Hours: Various departments of Jefferson County have different business hours. However, for purposes of counting business days under this Policy, "normal business hours" means 8:30 a.m. to 4:30 p.m. on business days. 2.14 Person in Interest: "Person in Interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is a minor, or under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.3 2.15 Policy: "Policy" means this Jefferson County Public Records Act Compliance Policy. 2.16 Public Records Liaison and Records Liaison: "Public Records Liaison" and "Records Liaison" mean the person or persons designated by an elected official or department director to accept, track by log, and arrange for fulfillment of requests for disclosure of records within a Jefferson County department 2.17 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. s See RCW 42.56.010(2). Jefferson County Public Records Act Compliance Policy Page 9 of 36 2.18 Record: "Record" means "public record" as defined in RCW 42.56.010, namely any identifiable record4 containing "written information" as defined in Section 2.21 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. 2.18.1 This definition does not include records that are not otherwise required to be retained by Jefferson County and are held by volunteers who: 2.18.1.1 Do not serve in an administrative capacity; 2.18.1.2 Have not been appointed by Jefferson County to an agency board, commission, or internship; and, 2.18.1.3 Do not have a supervisory role or delegated Jefferson County authority.' 2.18.2 Written information created or received by employees using non -county devices only meet the definition of record if the written information relates to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by Jefferson County.' 2.19 Record holder: "Record holder" means the department or staff having custody of a record. 2.20 Request: "Request" means a request made to Jefferson County pursuant to the Public Records Act for disclosure of records. Requests for records made pursuant to other statutory rights of access to records shall not be considered "records requests" but may be handled under this Policy. 2.21 Requestor: "Requestor" means the individual submitting the request for records. 2.22 Section: "Section" means a section or a subsection of this Policy. For the avoidance of doubt, reference to a section includes a reference to every subsection in that section a See RCW 42.56.080(1). 5 See RCW 42.56.010(3). 6 See WAC 44-14-010. Jefferson County Public Records Act Compliance Policy Page 10 of 36 but reference to a subsection does not include reference to any other subsection in that section or in any other section. 2.23 Staff: "Staff' means collectively elected officials, officers, and employees of Jefferson County. 2.24 Web Portal: "Web portal" means a specially designed website that brings information together from diverse sources in a uniform way. Web portal, as used in this Policy, includes a web portal on Jefferson County's website or on a website of a Jefferson County vendor. 2.25 Written Information: "Written information" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated .7 For the avoidance of doubt, electronic data, including email, that meet this definition shall be considered written information. 3.0 General Provisions 3.1 Public Records Act Compliance. 3.1.1 It is the policy of Jefferson County to provide access to records in accordance with the requirements of the Public Records Act, Chapter 42.56 RCW. 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timely but practicable action in response to requests for records in Jefferson County's custody that state law or court rule do not exempt or prohibit from production. 3.1.3 This Policy provides straightforward, predictable practices for responding to and fulfilling requests for disclosure of public records in a manner consistent with the Public Records Act. This Policy provides appropriate safeguards for information exempted from or prohibited from production by federal or state law. See RCW 42.56.010(3) and (4). Jefferson County Public Records Act Compliance Policy Page 11 of 36 3.2 Applicability. 3.2.1 This Policy shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. 3.2.2 This Policy does not apply to responses to legal discovery requests governed by the Washington Courts' Civil Rules or the Federal Rules of Civil Procedure. 3.2.3 This Policy does not apply to judicial court records or judicial administrative records requests governed by Washington State Courts' General Rules. 3.3 Non -Discrimination Requirement. Procedures governing access to records shall ensure access to records without discrimination or distinction among requestors and without regard to the intent of the requestor, and such requestors shall not be required to provide information as to the purpose for the request, except to establish whether inspection and copying would violate RCW 42.56.070(8), RCW 42.56.240(14), or any other statute which exempts or prohibits production of specific information or records to requestors. 3.4 Records Are Property of Jefferson County. Records maintained by Jefferson County are and remain the property of Jefferson County. 3.5 Use of Available Electronic Resources Encouraged. 3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and expeditiously responding to requests for disclosure of records, the Public Records Officer or designee and Records Liaisons are encouraged to use electronic means to respond to, fulfill, and track records requests, unless the requestor specifically asks that the records be provided in paper or non- electronic format. 3.5.2 Jefferson County may use collaborative public records request management software, with secure access, to assist in complying with this Policy. 3.6 Indexes Available to the Public Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all- inclusive index of public records as provided in RCW 42.56.070(4) based on the following findings: 3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome and would interfere with operations. 01�C Jefferson County Public Records Act Compliance Policy Page 12 of 36 3.6.2 Jefferson County is comprised of 15 separate departments, their divisions, and subdivisions, many of which are located in facilities in various locations throughout Jefferson County. 3.6.3 Departments and their divisions maintain separate record-keeping systems. 3.6.4 Because Jefferson County has records which are diverse, complex, and stored in multiple locations and identified in various record-keeping systems, some computerized and some on paper, it is unduly burdensome to maintain a central index of records. 3.6.5 If a requested index exists, then Jefferson County shall make it available for public inspection and copying. 4.0 Roles of Staff Designated to Address Public Records Requests 4.1 Public Records Officer. 4.1.1 The Public Records Officer is the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 4.1.2 Jefferson County shall identify the Public Records Officer on its web site and by prominent display in the office of the Jefferson County Administrator. 4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a designee to fulfill responsibilities of the Public Records Officer. 4.1.4 The Public Records Officer or designee shall oversee Jefferson County's compliance with the Public Records Act and shall serve as primary point of contact for records access. 4.1.5 The Public Records Officer or designee shall have the following responsibilities: 4.1.5.1 Oversee compliance with Chapter 42.56 RCW; 4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's response when a request involves multiple record holders, is broad in scope, or is otherwise complicated to fulfill; 4.1.5.3 Route requests to appropriate Records Liaisons in possession of records; 4.1.5.4 Serve as a resource and provide training, technical advice, and instruction to Records Liaisons and other staff on topics related to disclosure of records; Jefferson County Public Records Act Compliance Policy Page 13 of 36 4.1.5.5 Maintain a list of department Records Liaisons and Backup Records Liaisons who are designated to accept and fulfill requests for disclosure of records on a regular basis; 4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of records requests; 4.1.5.7 Approve forms, web portals or software for use in processing records requests; 4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; 4.1.5.9 Collect and analyze relevant information related to Jefferson County's performance of records disclosure; 4.1.5.10 Maintain the required information and comply with the best practices annual reporting requirements contained in Chapter 40.14 RCW;8 and, 4.1.5.11 Maintain information relating to records on Jefferson County's website. 4.1.6 Not every request must be addressed to the Public Records Officer, nor is it intended that fulfillment of every request will be done by the Public Records Officer or designee. In the interest of providing effective access to records, the Public Records Officer or designee may refer parties requesting records to a Records Liaison, as appropriate. 4.1.7 Forms or web portals to request records shall be approved by the Public Records Officer or designee for general use by staff. As needed, the Public Records Officer or designee may approve alternate request forms or web portals that are specialized for request of records with unique statutory considerations, such as law enforcement records. 4.1.8 The Public Records Officer or designee shall comply with statutory logging and reporting requirements under Chapter 40.14 RCW.9 4.2 Chief Civil Deputy Prosecuting Attorney. 4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is the legal advisor to Jefferson County and all its officers in all matters relating to their official business. 8 See Chapter 40.14 RCW. 9 See Chapter 40.14 RCW. Jefferson County Public Records Act Compliance Policy Page 14 of 36 4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting Attorney shall be the primary legal advisor to Jefferson County, including its Public Records Officer and designee, Records Liaisons, and other staff. Other attorneys from the Prosecuting Attorney's Office may also provide legal advice regarding public records requests. 4.3 Records Liaisons and Backup Records Liaisons. 4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons in every department of Jefferson County to assist the public in obtaining access to records. Each elected official and department director shall designate at least one Records Liaison and one Backup Records Liaison. Each department will inform the Public Records Officer or designee of all Records Liaisons and Backup Records Liaisons. 4.3.2 Under the oversight of the Public Records Officer or designee, Records Liaisons may accept requests for records in the possession of their respective departments and may respond to requestors in accordance with the requirements of state law and this Policy, including properly logging and tracking all records requests received by their departments. 4.3.3 In consultation with the Public Records Officer or designee, Records Liaisons may communicate directly with requestors, forward requests to other Jefferson County employees as necessary, compile requested records, copy requested records, arrange for the supervised public inspection of requested records, and maintain files and logs of official requests fulfilled by the department. 4.3.4 Records Liaisons shall report metrics of public records disclosure activity to the Public Records Officer or designee, in accordance with RCW 40.14.026 4.4 Trainingand nd Updates. The Public Records Officer or designee, or the Prosecuting Attorney's Office shall distribute updates and provide training as appropriate on laws, legal precedents, and policy changes affecting fulfillment of records requests, as appropriate. Jefferson County Public Records Act Compliance Policy Page 15 of 36 5.0 Public Records Requests 5.1 Format of Requests. 5. 1.1 No official format is required for making a records request.lo 5.1.2 Jefferson County recommends that requestors make requests in writing, using Jefferson County's approved submittal form or approved web portal. 5.1.3 When a request is received that does not include information sufficient to respond to the request, staff may attempt to obtain clarification immediately and/or recommend that the requestor complete and submit a form to provide information more accurately needed to identify records or respond effectively. 5.1.4 If a requestor chooses to submit a non -written oral request, staff shall transcribe the request and attempt to obtain verification from the requestor, preferably in writing, that the transcription correctly memorializes the request, and consult with the Public Records Officer or designee, as necessary, to ensure an appropriate response. Regardless of whether verification in writing is obtained, staff shall fulfill the request as it is transcribed. 5.2 Fair Notice of Records Request. 5.2.1 Any Jefferson County staff may accept records requests. If presented with a request, staff shall bring it to the attention of a Records Liaison immediately or at the earliest opportunity. 5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice that a Public Records Act request has been made. Oral records requests, especially when presented to agency staff other than the Public Records Officer or designee, should include reasonable and clear notice that a Public Records Act request has been made. 5.2.3 To give Jefferson County fair notice of what is being requested under the Public Records Act, requestors are encouraged to make written requests using Jefferson County's approved submittal forms or approved web portal, and/or take other steps to identify their request clearly as a records request. For example, when a request is submitted with other documents not related to disclosure of records, the requestor is responsible for providing reasonable notice that a records request is included. 10 See RCW 42.56.080(2). Kd:. i.♦ tryl Jefferson County Public Records Act Compliance Policy Page 16 of 36 5.3 Lists of Individuals. 5.3.1 Requests for records that include lists of individuals require a signed certification by the requestor that such lists shall not be used for commercial purposes. 5.3.2 A certification provision is included on Jefferson County's official records request form. 5.3.3 The Public Records Officer or designee may do research to confirm that the request is not for commercial purposes. However, before denying a request for records on the basis that the request is for commercial purposes, the Public Records Officer or designee shall consult with the Prosecuting Attorney's Office. 5.4 Bot Requests. Jefferson County may deny a Bot Request that is one of multiple requests from the requestor within a twenty -four-hour period, if responding to the multiple requests would cause excessive interference with other essential operations of Jefferson County. I I 6.0 Jefferson County Response to Public Records Requests 6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request. 6. 1.1 When the request is not received in writing, staff shall communicate the request and the response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chapter 40.14 RCW.1z 6.1.2 Date of receipt shall be recorded on the face of each record request and the request forwarded to the Public Records Officer or designee by electronic means. 6.1.3 If staff does not have immediate capability to forward the request to the Public Records Officer or designee, staff shall inform and provide the supervisor or Records Liaison with the request for immediate transmittal to the Public Records Officer, or designee, as soon as is practicable. 6.1.4 Until the Public Records Officer or designee provides confirmation, the records request is the responsibility of their department supervisor or Records Liaison. " See RCW 42.56.080(3). 12 See Chapter 40.14 RCW. Jefferson County Public Records Act Compliance Policy Page 17 of 36 6.1.5 Records Liaisons shall advise department record holders of the five (5) day response deadline when forwarding records requests and consult with record holders when estimating the fulfillment date. 6.2 Requests for "All Records" is Insufficient. 6.2.1 The Public Records Act requires that requests be for identifiable records. 6.2.2 A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records under Chapter 42.56 RCW or this Policy, provided that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of Jefferson County's records. 13 6.2.3 Requests for "all records relating to," "all records regarding," or "all records pertaining to" are inherently ambiguous and requestors are encouraged to avoid using such terms when possible to avoid unnecessary delays. Requests for "all records relating to," "all records regarding," or "all records pertaining to" may be interpreted to mean those records that directly and fairly address the topics that are reasonably identifiable by the Records Liaison fulfilling the request. A Records Liaison may seek clarification of any such request following the procedure prescribed in Section 6.4.3. 6.3 Prompt Response Required. 6.3.1 Staff shall communicate the request and response to the Public Records Officer or designee for purposes of complying with the logging and reporting requirements contained in Chapter 40.14 RCW. 14 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.56.520 and this Policy. The deadline for initial response to the records request is five (5) business days after receipt of the request. The five (5) business -day response period begins on the business day immediately following receipt of the request. 6.3.3 Jefferson County shall honor requests for identifiable records that are received by any mode of communication during normal business hours, including by telephone, by mail, by email, by web portal, or in person. 1 s 6.3.4 Requests for identifiable records received after normal business hours shall be considered received on the next business day. 6.3.5 Records requests will be processed in the order that provides the timeliest response. Requests may be fulfilled in the order of receipt, so long as easily 13 See RCW 42.56.080(1). 14 See Chapter 40.14 RCW. is See RCW 42.56.080(2). Jefferson County Public Records Act Compliance Policy Page 18 of 36 fulfilled requests are not postponed behind larger or more complicated requests, strictly because they were received later. 6.3.6 Initial responses, installment responses, and final responses from staff to requests for records shall be made in writing and may be by fax, letter, notation on a request form, or email. 6.4 Types of Five (5) Day Responses. The initial response to the requestor shall be made in writing within five (5) business days of receipt of a request, shall acknowledge receipt of the request, shall provide the requestor a list of department(s) to which the request was routed, and may take one of the following types: 6.4.1 Provide Records: Provide the requested records, when possible. 6.4.2 Direction to Online Documents: 6.4.2.1 If the records requested are available via Jefferson County website, staff may provide a direct link to the requestor to the online documents. 6.4.2.2 However, if the requestor notifies Jefferson County the requestor cannot access the records through the internet, then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer.' 6 6.4.3 Clarification of Requests: 6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson County may ask the requestor in writing to provide clarification, and will provide, to the greatest extent possible, a reasonable estimate of the time Jefferson County will require to respond to the request if it is not clarified." 6.4.3.2 Clarification shall focus on information needed to identify responsive records. 6.4.3.3 All clarifications should be in writing but may be oral. In the case of oral clarification, staff involved in the conversation shall document the clarification in writing and include the information in the request file. 6.4.3.4 When appropriate, as part of the clarification process, staff may work with the requestor to find ways to narrow the request. When 16 Required by RCW 42.56.520(1)(b). 17 See RCW 42.56.520(1)(d). Jefferson County Public Records Act Compliance Policy Page 19 of 36 a requestor agrees to narrow a request, nothing prevents the requestor from later expanding the request back to its original scope. In such a case, staff may create a new estimate of reasonable time required to respond that corresponds to the expanded request. 6.4.3.5 If staff is unable to identify with confidence the records sought by a requestor, or when a request appears to be overly broad and unsuccessful attempts have been made to obtain clarification from the requestor, staff shall consult with the Prosecuting Attorney's Office who shall review the request and provide direction to staff regarding its fulfillment. Staff may also consult with the Public Records Officer or designee on such requests. 6.4.3.6 If the requestor fails to respond to a request for clarification, and the entire request for records is unclear, Jefferson County need not respond to the request for records. In such case, Jefferson County should advise the requestor that if the requestor fails to provide clarification as requested within 30 days the request will be considered closed. 6.4.3.7 In all events, Jefferson County must respond to those portions of the request for records that are clear. 18 6.4.4 No Responsive Records: 6.4.4.1 An initial written response may state that Jefferson County does not have records responsive to the request. If no records responsive to the request exist, the initial response should inform the requestor and state that it is the final, definitive response. 6.4.4.2 If Jefferson County does not have records responsive to the request, the initial response may direct the requestor to another agency believed to have the records requested. 6.4.5 Provide a Reasonable Estimate of Time Required to Respond: 6.4.5.1 If the initial response does not include copies of the requested records, Jefferson County shall provide in writing a reasonable estimate of time required to respond to the request. 6.4.5.2 Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify Persons in Interest, other departments or employees of Jefferson County, or other agencies affected by the request, or to determine whether any of " See RCW 42.56.520(3)(b). Jefferson County Public Records Act Compliance Policy Page 20 of 36 the information requested is exempt and that a denial should be made as to all or part of the request. 6.4.6 Installments: An initial response may propose fulfilling large or complicated requests on an installment basis and provide a written estimated timeframe for preparation of the first installment. 6.4.7 Written Denial: 6.4.7.1 An initial response may be a written denial of the request based on exemptions under federal or state law. 6.4.7.2 If there is any question as to whether any record, or any portion of a record, should be exempt from production and therefore should be denied from production to any requestor (by withholding or redaction), a Records Liaison shall consult the Prosecuting Attorney's Office or the Public Records Officer or designee, and shall give them the opportunity to inspect the subject record(s) before any such denial of production is conveyed to the requestor. 6.4.7.3 A written statement of the specific reasons for the denial must accompany any denial of a records request. 19 Any denial should inform the requestor that it is the final, definitive response. 6.4.7.4 See Sections 6.15 through 6.18 of this policy for additional information regarding exemptions and the withholding or redacting of responsive records. 6.5 Final, Definitive Response. Records Liaisons shall provide to every requestor a final, definitive response, confirming that Jefferson County does not intend to provide any further response to the records request. The final, definitive response shall be provided after investigation has determined that: 6.5.1 No records exist that are responsive to the request; or, 6.5.2 All records responsive to the request that are not being withheld under a valid exemption have been provided; or, 6.5.3 The final installment of records responsive to the request that are not being withheld under a valid exemption have been provided. 19 See RCW 42.56.520(4). Jefferson County Public Records Act Compliance Policy Page 21 of 36 6.6 Requests to Create Records or Convert Records to a Different Format or Medium. 6.6.1 This Policy shall not obligate staff to create electronic or other records, or to convert electronic records into a format or medium in which the records are not already maintained. 6.6.2 When asked by a requestor to convert an electronic record into a different format, staff is encouraged to do so when reasonable and technologically feasible, provided such conversion is not unduly burdensome and does not interfere with essential operations. 20 6.6.3 Requestors may request paper copies of electronic records subject to applicable printing charges adopted by Jefferson County. 6.7 Responses to Requests are Records Themselves and Must Be Maintained. Responses to requests for records, including responses by email, become records, subject to the provisions of the Public Records Act and the retention requirements of the Office of the Secretary of State, and shall be maintained accordingly. 6.8 Requests for Personnel and Employment Records. Human Resources shall review all personnel and employment records prior to release. 6.9 Requests for Court Records. Although not covered under the Public Records Act or under this Policy, any records request received by Jefferson County Superior Court or District Court for other Jefferson County department records shall be forwarded to the Public Records Officer or designee immediately upon receipt. 6.10 Locating Responsive Records. 6.10.1 Staff shall make a reasonable effort to identify and locate all responsive records. 6.10.2 When identifying records, the Records Liaison or Public Records Officer or designee may ask the requestor for clarification or refinement of the request, as discussed in Section 6.4.3. 6.11 No Requirement to Create New Records to Respond to A Records Request. 6.11.1 Records Liaisons and staff are not required to create new records in response to a request for records, but may, when deemed feasible, tailor existing informational databases or indexes to provide a report responsive 21 See WAC 44-14-01002. Jefferson County Public Records Act Compliance Policy Page 22 of 36 to a request that otherwise would not be produced in the normal course of business. 6.11.2 The determination of the feasibility of creating such reports shall consider the ability to redact or withhold exempt information. 6.11.3 When the production of a tailored report requires additional resources such as customized programming or fact -specific analysis, or would otherwise interfere with other essential operations, Jefferson County is not required to produce such tailored reports but should instead consult with the requestor to determine if a Customized Electronic Access Service is necessary and should be charged. 6.12 Request for Records that No Longer Exist. Jefferson County only is required to provide records that exist at the time a request is made. 6.13 Agreements in Response to Voluminous or Frequently Occurring Requests. Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor in response to a voluminous or frequently occurring request. An agreement of this type may also include an alternative cost arrangement to the charges authorized in this Policy. 21 6.14 Immediate Provision or Inspection of Records "Over the Counter." 6.14.1 Staff may respond immediately to oral requests for records without the need for completion of a written request, entry into a request log, or a written response by Jefferson County when all the following conditions exist: 6.14.1.1 The requested records are easily accessible to staff, 6.14.1.2 Staff can fulfill the request without referring it to Records Liaisons or the Public Records Officer or designee; and, 6.14.1.3 The request is not for records that are subject to withholding or redaction due to production exemptions or confidentiality considerations. 6.14.2 When a request is received in writing and the requested records are provided to the requestor in-person at the time of the request, a separate written response by staff is not required. In such cases, a notation shall be made on or attached to the request listing the identity of the requestor, if provided, 21 RCW 42.56.120(4) Jefferson County Public Records Act Compliance Policy Page 23 of 36 the records produced, the costs charged, if any, the name of the staff providing the records, and the date of fulfillment. 6.15 Exemptions from Production. 6.15.1 Requested records may be subject to exemption from production under the Public Records Act or other statutes. 6.15.2 Some records may contain specific content that is exempt from production. The presence of exempt information does not necessarily exempt an entire record from production. 6.15.3 Common exemptions are listed in Section 6.18.1. 6.16 Withholding or Redacting Records Based on Exemptions 6.16.1 Requested records only may be withheld or redacted consistent with statutory requirements, which shall be documented for the requestor in accordance with the requirements of RCW 42.56.210. 6.16.2 Record holders and/or departments are responsible for identifying potential exempt records or records that contain potentially exempt information. 6.16.3 Record holders and/or departments are primarily responsible for performing any redactions of exempt information that are deemed necessary from their own departmental records. 6.16.4 If there is any question as to whether records or portions of records subject to a request are exempt from production, the Records Liaison shall consult the Public Records Officer or designee and the Prosecuting Attorney's Office, who may inspect the subject records before authorizing production to the requestor. 6.16.5 Departments may adopt standard procedures for withholding or redacting portions of commonly requested exempt records. 6.16.6 When records are withheld or redacted, consistent with the requirements of RCW 42.56.210, the requestor shall be provided, in writing, a brief explanation of the reason(s) that information has been withheld or redacted.. 6.17 Explanation of Exemptions. 6.17.1 An explanation of exemptions shall (1) identify the record, (2) cite the statute that the exemption is based upon, and (3) provide a brief explanation of the statutory basis for each redaction or withholding of a record. Jefferson County Public Records Act Compliance Policy Page 24 of 36 6.17.2 Individual occurrences of the same redaction may be listed generally in the explanation of exemptions. For example, an explanation of exemptions need not list separately every occurrence of the redaction of an individual's social security number but may list one time that the number has been redacted throughout the record. 6.18 Summaries of Common Exemptions. 6.18.1 The following are summaries of common exemptions relied on by Jefferson County: 6.18.1.1 Personal information in files maintained for elected officials and Jefferson County employees to the extent that production would violate their right to privacy, including but not limited to addresses, phone numbers, Social Security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and RCW 42.56.250(3)); 6.18.1.2 Preliminary drafts, recommendations, and intra -agency memoranda in which opinions are expressed or policies formulated or recommended, except that specific records shall not be exempt when publicly cited by Jefferson County in connection with any Jefferson County action (RCW 42.56.280); 6.18.1.3 All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.240(1)); and, 6.18.1.4 Personal information to include performance evaluations in files maintained for employees, appointees or elected officials to the extent production would violate their right to privacy (RCW 42.56.230(3) and RCW 42.56.050). 6.18.1.5 Records in investigative files, including police and code enforcement investigations, to the extent that non -production is essential for effective law enforcement or for the protection of any person's right to privacy (RCW 42.56.240(l)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (51); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received (RCW 5.60.060(2)); Jefferson County Public Records Act Compliance Policy Page 25 of 36 6.18.1.9 Records that are protected by trade secrets law (RCW 19.108); and, 6.18.1.10 Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by Jefferson County within five years of the request for disclosure when production would produce private gain and public loss (RCW 42.56.270(1)). 6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to assert any exemptions permitted by law when Jefferson County determines that such exemption applies and -serves the public interest. 6.19 Inspection of Responsive Records. 6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of, staff making copies and should be encouraged to do so, especially when the volume of records is large. Inspection prior to copying may serve to narrow the scope of the request and can be useful for identifying and providing the appropriate responsive records to requestors. 6.19.2 Requestors may make arrangements with the Public Records Officer or designee, or a Records Liaison, to inspect records on Jefferson County premises during normal business hours at a mutually convenient time. Staff shall make every effort to accommodate reasonable requests for appointment times, provided the appointments do not interfere with essential department functions and ensure the security of records during inspection. Jefferson County must take reasonable precautions to protect records from damage and disorganization, which may include assigning individuals to be present during review of public record originals. 6.19.3 The Records Liaison fulfilling the request shall provide for the security of records during inspection, which shall be supervised by staff as deemed appropriate. Requestors shall return all records inspected to the Records Liaison in the condition and order they were provided. Records shall not be altered in any way, rearranged, or removed from folders or removed from Jefferson County premises during inspection. A requestor may flag selected pages for copying but shall not alter the original record. 6.19.4 Requesters may not attach devices or cables to Jefferson County systems or equipment. Because of the potential for introducing a threat to the security of or otherwise damaging Jefferson County systems or equipment, Jefferson County does not allow requesters to attach or insert their own devices or cables into any Jefferson County computer system, equipment, or a USB port. Copying of records from a Jefferson County system or equipment will be done by staff. The requester must reimburse the Jefferson County's cost for the storage media, and such copying will be done by staff. Jefferson County Public Records Act Compliance Policy Page 26 of 36 6.19.5 Jefferson County reserves the right to make copies of records for inspection rather than provide the original records for inspection. 6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson County, excessively interfere with operations, or be unreasonably disruptive or disrespectful to staff. 21 6.20 Electronic Records. 6.20.1 Records available in electronic form that do not require redaction may be provided to a requestor in native format unless the requestor specifically asks that they be provided in paper or other form. 6.20.2 When requested and deemed feasible, electronic records may be converted from one format to another provided such conversion is not unduly burdensome to staff. 6.20.3 The copy created of a translation of an electronic record into an alternative electronic format at the request of the requestor does not constitute a new record.23 6.20.4 Scanning paper records to make electronic copies of the records is a method of copying paper records and does not amount to the creation of a new record.za 6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy, Jefferson County may charge the requestor the actual cost of the electronic production or file transfer of the record, the use of any cloud -based data storage and processing service, the cost of transmitting records in an electronic format, and the cost of any physical transmission device provided by Jefferson County.zs 6.21 Installments. 6.21.1 If appropriate, records requests may be fulfilled in installments to provide the fullest assistance to requestors. 6.21.2 Installments are subject to the same deadlines for claiming and inspecting records described in Section 6.21. 6.21.3 When installments are provided and are not claimed or inspected within 30 calendar days from notification of availability, Jefferson County may postpone compilation of subsequent installments or treat the request as abandoned and closed. In such cases, staff shall consult with the Public 22 See WAC 44-12-01022. 21 See RCW 42.56.120(1). 24 See RCW 42.56.120(1). 21 See RCW 42.56.070(7). Jefferson County Public Records Act Compliance Policy Page 27 of 36 Records Officer or designee before postponing compilation of an installment, or treating the request as abandoned and closed. 6.21.4 The Public Records Officer or designee may attempt to contact the requestor at any time prior to deeming an installment request abandoned. 6.22 Requestor Responsibility. 6.22.1 Requestors shall arrange to inspect records or claim copies of requested records within 30 calendar days following notification by Jefferson County that responsive records are available for inspection or copying. The 30 calendar days begin on the business day immediately following the date of Jefferson County's notice that the records are available and includes weekends and Jefferson County holidays. The Public Records Officer or designee may extend this period, as appropriate, to ensure fullest assistance to requestors. 6.22.2 Requestors must respond to requests for clarification within 30 calendar days of being contacted or a request may be deemed abandoned and closed. A final, definitive response should be sent to the requestor when a request is closed. 6.22.3 Prior to closing the request, the Public Records Officer or designee may attempt to confirm whether the requestor still wants the requested records but is not required to do so. 6.22.4 If a requestor fails to claim or arrange for inspection of requested records after the expiration of the period to inspect or claim copies of requested records, the request may be deemed abandoned and closed. 6.23 Order of Processing Requests. To allocate resources efficiently and fairly and to provide fullest assistance to all requesters, Jefferson County will process requests in the order that allows the greatest number of requests from the greatest number of requesters to be processed. Requests are not always processed in the order received. Many factors likely will affect the timeline by which requests are completed. These factors include, but are not necessarily limited to: (a) The number of pending requests; (b) A large number or volume of records requested; (c) The complexity of a request; (d) The clarity of a request; (e) Whether the IT Department must be engaged; (f) Whether the records are not easily identified, located or accessible; (g) levels of current staffing; (h) Whether research is required; (i) The amount of time needed by staff whose primary responsibility is public records; 0) The number of departments involved; (k) The number of employees who may have responsive records; (1) Whether third -party notice will be given; (m) Whether review for exemptions is required; (n) Whether =t= Jefferson County Public Records Act Compliance Policy Page 28 of 36 redactions are required; (o) Whether legal review is required; and, (p) Whether records retention review is required. 6.24 Allocating Specific Amounts of Time and Resources. To provide fullest assistance to all requesters and to prevent excessive interference with other essential operations, the Jefferson County Departments may allocate specific amounts of time and resources to responding to a request. This may include, but is not limited to, allocating a specific number of hours per week or month to be spent by the Public Records Officer or other employees for whom responding to records requests is not their primary duty. 6.25 Multiple Requests by the Same Requestor. 6.25.1 When a requestor makes one or more additional requests when a previous request from the same requestor is still open or when the requestor simultaneously submits multiple, separate requests, staff may queue the requests in any order that is deemed practical for the purposes of providing timely and full responses to each request, while also maintaining Jefferson County's duty to respond in like fashion to all other requestors or to prevent disruption of other essential governmental functions and responsibilities. This may include queuing the requests in the order received. 6.25.2 Staff is not required to work on an additional request from the same requestor who has an open previous request until the initial requests are completed and closed. 6.25.3 Requestors with multiple open requests may request that the Public Records Officer or designee reprioritize the requests. 6.26 Requests Log. 6.26.1 The Public Records Officer or designee shall maintain a log of records requests received by Jefferson County that shall include at a minimum: 26 6.26.1.1 Identity of the requestor if provided by the requestor; 6.26.1.2 Date of receipt of the request; 6.26.1.3 The text of the original request; 6.26.1.4 A description of the records produced in response to the request; 6.26.1.5 A description of the records redacted or withheld and the reasons for redacting or withholding the records; and, 26 See Chapter 40.14 RCW. Jefferson County Public Records Act Compliance Policy Page 29 of 36 6.26.1.6 Date of final disposition of the request. 6.26.2 The log must be retained by the agency in accordance with the relevant record retention schedule established under Chapter 40.14 RCW, and shall be a record subject to disclosure under chapter 42.56 RCW.27 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 Preservation of Request Clarifications and Search Efforts. For each public records request, a Records Liaison shall prepare and maintain a description of any request clarifications obtained from the requestor, and of search efforts performed to acquire the requested records. 7.0 Records Retention Required 7.1 Retention of Public Records Request Records. Public records requests, records request response files and associated logs are considered a record subject to disclosure and retention in accordance with the requirements of the Washington State Local Government Common Records Retention Schedule. 7.2 Records in Request Files that Must Be Maintained. 7.2.1 When requested records are redacted, the Records Liaison shall keep a copy of the redacted records and the un -redacted records for the request file. 7.2.2 A listing only of the redacted records provided to the requestor is not sufficient in accordance with the provisions of the official state records retention schedules. 7.3 Archiving and Destruction of Public Records Request Records. Within the time required by the Washington State Local Government Common Records Retention Schedule, GS2010-014, after a final, definitive response has been sent to the requestor, the Records Liaison shall communicate with the Public Records Officer or designee to determine whether the request file should be archived or destroyed. 8.0 Compliance with Best Practices Annual Reporting Requirements The Public Records Officer or designee shall comply with the best practices annual reporting requirements contained in RCW 40.14.026.28 2' See Chapter 40.14 RCW. 21 See Chapter 40.14 RCW. Jefferson County Public Records Act Compliance Policy Page 30 of 36 9.0 Administrative Review 9.1 No Final Decision Until Review Under this Section. Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c) failure provide a reasonable estimate for providing a record; (d) or, failure to assess a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken, compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. 9.2 Petition for Review. Any person who objects to any action described in Section 9. 1, may petition for prompt review of such action by submitting a written petition for review to the Prosecuting Attorney's Office and the Public Records Officer. The written request for review shall refer specifically to any written statement that accompanied the action for which review is sought. 9.3 Deadline for to Affirm or Reverse, After Petition for Review. Prosecuting Attorney's Office shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business -day response period begins on the business day immediately following receipt of the petition for review. Jefferson County and the requestor may mutually agree to a longer period for consideration of a petition for review. 9.4 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requestor for inspection in accordance with the provisions of this Policy. 9.5 Final Decision, If Affirmed. If the Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Prosecuting Attorney's Office has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. j Jefferson County Public Records Act Compliance Policy Page 31 of 36 10.0 Costs for Public Records The costs for public records has been set by Jefferson County Ordinance No. The requirements of Jefferson County Ordinance No. are repeated below for purposes of convenience. 10.1 Inspection OnlL. There is no charge for inspection of records. 10.2 Records Already on Jefferson County Website. Jefferson County will not charge any costs for access to or downloading of records that it posts on Jefferson County's website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means. 29 10.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RCW 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule. 30 These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests. 10.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10.4.2 Jefferson County will charge the actual cost for the following: 10.4.2.1 Digital storage media or device provided by Jefferson County; 31 29 See RCW 42.56.120(2)(e). 30 See RCW 42.56.120(2)(b). 31 See RCW 42.56.120(2)(b)(v). Jefferson County Public Records Act Compliance Policy Page 32 of 36 o f l�r fI\ 10.4.2.2 Containers or envelopes used to mail copies to the requestor; 32 10.4.2.3 Any postage or delivery charge; 33 10.4.2.4 Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14"; 10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or larger color copies, if Jefferson County: 10.4.2.5.1 Notifies the requestor of the outside vendor costs to be applied to the Request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and 10.4.2.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson County: Estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by the customized electronic access services are not used by Jefferson County for its other purposes; 34 10.4.3.2 Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge; 35 and, 10.4.3.3 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a Customized Electronic Access Service Charge. 36 10.4.4 Charges may be combined if more than one type of charge applies to copies produced in response to a request. 37 10.4.5 Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an 31 See RCW 42.56.120(2)(b)(v). 33 See RCW 42.56.120(2)(b)(v). 34 See RCW 42.56.120(3xa). 35 See RCW 42.56.120(3xb). 36 See RCW 42.56.120(3)(b). 37 See RCW 42.56.120(2)(c). Jefferson County Public Records Act Compliance Policy Page 33 of 36 alternative cost arrangement to the charges authorized in this Policy, or in response to a voluminous or frequently occurring request.38 10.5 Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix A of Ordinance is attached to this Policy. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules, and shall be updated administratively by the Clerk of the Board to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended by in the future. A copy of an updated cost schedule also shall be maintained on the Public Records portal on the Jefferson County website and shall be posted at the Jefferson County Commissioners' Office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-96. 10.6 Deposit. A deposit of up to ten (10) percent of the estimated total cost of providing copies for a request, including a customized service charge, 39 may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold. 10.7 Failure to Fulfill Payment Requirements If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. A reasonable attempt shall be made by the Public Records Officer or designee, or a Records Liaison, to contact the requestor prior to deeming a request abandoned and closed. 11 Limitations 11.1 No Additional Legal Rights. This Policy does not create legal rights beyond those obligations and rights created by statute or other laws binding on Jefferson County. 11.2 Statutory Requirements and Best Practices. 11.2.1 The provisions of federal and state law control, if there is any conflict with this Policy. 38 See RCW 42.56.120(4). s9 See RCW 42.56.120(4). Jefferson County Public Records Act Compliance Policy Page 34 of 36 11.2.2 This Policy includes both statutory requirements and best practices. 11.2.3 Except where mandated by statute, any duties identified in this Policy are discretionary or advisory only and shall not impose any affirmative duty on Jefferson County. 11.3 No Additional Duty That is Not Already IMposedby Law. No provision nor any term used in this Policy is intended to impose any duty whatsoever upon Jefferson County or any of its officers or employees, not already imposed by law. 11.4 No Basis for Liability. This Policy is not intended to and shall not be construed to create or form the basis of any liability on the part of Jefferson County, or its officers, staff, or agents, for any injury or damage resulting from any action or inaction on the part of Jefferson County related in any manner to the enforcement of this Policy by its elected officials, officers, staff, or agents. 12.0 Amendments and Corrections 12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise or change this Policy at any time. 12.2 The Clerk of the Board is authorized to make necessary technical, non -substantive corrections to this Policy including, but not limited to, the correction of scrivener's or clerical errors, references, numbering, section/subsection numbers and any references to them. 13.0 Severability If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this Policy. Jefferson County Public Records Act Compliance Policy Page 35 of 36 14.0 References Chanter 42.56.RCW Chapter 40.14 RCW Chapter 82.12 RCW Chapter 44-14 WAC Chanter 434-615 WAC Washington State Local Government Common Records Retention Schedule Adopted by Resolution No. on the date of , 2017. Jefferson County Public Records Act Compliance Policy Page 36 of 36 Proposed Public Records Request Cost Schedule: Public Records Request Cost Schedule 40 Actual cost Customized Electronic Access Service Charge (in addition to fees for copies — see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records (on paper sizes no larger than 8.5" x 14") when requested by the requester, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud -based data storage service, or other electronic files or means of electronic delivery. For the avoidance of doubt, the term attachment "electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each discrete attachment to an email. 10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment to send records electronically. Actual cost Digital storage media or devices. Actual cost Any container or envelope used to mail copies. Actual cost Postage or delivery charges. Actual cost Photocopies, printed copies of electronic records on paper sizes larger than 8.5" x 14". T Copy charges above may be combined to the extent that more than one type of charge applies to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than Chapter 42. ` " ' ' . For any individual request, total costs up to and including $X.XX shall be waived. 41 See RCW 42.56.120(2). THE CIVIL EX POST FACTO CLAUSE EVAN C. ZOLDAN* Since its first interpretation of the Ex Post Facto Clause in Calder v. Bull, the Supreme Court consistently has held that the clause applies only to retroactive criminal, but not civil, laws. The consequences of this distinction are far ranging, permitting, for example, states to keep offenders behind bars after they have served their sentences. The Court's distinction between civil and criminal retroactivity is based wholly on Calder's historical conclusion that the original meaning of the Ex Post Facto Clause included criminal laws only. This article demonstrates that Calder's historical analysis is wrong. After examining historical evidence that never before has been considered by scholars or judges interpreting the Ex Post Facto Clause, I conclude that the original meaning of the clause encompassed civil as well as criminal laws. This new evidence calls for a reconsideration of Calder and raises the intriguing possibility of greater judicial scrutiny of civil retroactivity. I also examine the most common doctrinal, structural, and normative arguments for retaining Calder and offer new ways of approaching these arguments. Introduction...................................................................728 I. The Debate over the Original Meaning of the Ex Post Facto Clauses .........................................................733 A. The Criminal -Only or Narrow Interpretation ................735 1. British Primary Sources ....................................736 2. The Philadelphia Convention ..............................737 3. State Ratifying Conventions................................739 4. Public Debate ................................................741 5. Post -Ratification Evidence .................................741 B. The Criminal -and -Civil or Broad Interpretation .............743 1. British Primary Sources ....................................743 2. The Philadelphia Convention ..............................744 3. State Ratifying Conventions................................746 4. Public Debate ................................................747 5. Post -Ratification Evidence .................................749 C. Breaking the Deadlock Between Proponents of the Narrow and Broad Interpretations ............................ 750 * I am grateful for the assistance of Lawrence B. Solum, Stephen M. Feldman, Sonja B. Starr, Glen Staszewski, William M. Richman, Lee J. Strang, Gregory M. Gilchrist, and all those who participated in workshops of earlier drafts of this paper at the Law & Society Annual Meeting, the University of Toledo College of Law, Michigan State University College of Law, and the Loyola University Chicago School of Law. Thanks to Samantha Meiers for her research assistance. Thanks also to the University of Toledo College of Law for its support for this project. 728 WISCONSIN LAW REVIEW II. The Professional Meaning of the Ex Post Facto Clauses ........... 753 A. Criminal Laws ....................................................754 B. Debt Disputes .....................................................757 1. Tender Laws .................................................757 2. Interest Rate Laws...........................................759 3. Special Exemptions from Generally Applicable Laws .761 C. Manumission Cases ..............................................762 D. Property Disputes ................................................765 E. The Original Meaning of the Ex Post Facto Clauses ........ 768 III. Beyond the Original Meaning of the Ex Post Facto Clauses ......771 A. Does Calder's Antiquity Suggest the Retention of the Narrow Interpretation? ......................................... 773 B. Does the Structure of the Constitution Support Calder's Narrow Interpretation? ......................................... 775 C. Will the Broad Reading of the Ex Post Facto Clauses Lead to Normatively Attractive Results? .................... 779 Conclusion.....................................................................782 INTRODUCTION A statute is retroactive when it changes the legal consequences of conduct that occurred before the statute was enacted. Retroactive legislation has long been, and continues to be, among the most reviled of all legislative creations. The early Supreme Court denounced retroactive laws as "oppressive, unjust, and tyrannical" and therefore "condemned by the universal sentence of civilized man."' Modern scholars and judges reaffirm this historical aversion to retroactive laws .2 For example, legal philosopher Lon Fuller has called them "truly a monstrosity,"' and it is easy to see why. Imagine the following: an oil company drills off the coast of the United States. Through gross negligence, oil company employees cause an explosion that kills workers, decimates wildlife, and pollutes the shores of the United States, causing billions of dollars in damages. Members of Congress sympathetic to the oil industry push through a bill, effective the day 1. Ogden v. Saunders, 25 U.S. (12 Wheat.) 213, 266 (1827). 2. Retroactive laws have been called, inter alia, "a violation of fundamental principles, inconsistent with the nature of republican and free governments, .. . repugnant to the common principles of justice and civil liberty, absolute injustice, a violation of natural right, against the great principle of Eternal Justice, inconsistent with the principles of general jurisprudence, and monstrous." Bryant Smith, Retroactive Laws and Vested Rights, 5 TEx. L. REv. 231, 237 (1927) (internal quotation marks omitted). 3. LON L. FULLER, THE MORALITY OF Lnw 53 (rev. ed. 1969). 2015:727 The Civil Ex Post Facto Clause 729 before the explosion, which caps liability for oil spills at a fraction of their true cost.' This hypothetical statute is retroactive legislation because it changes the legal consequences of the employees' past gross negligence; and it exemplifies why retroactive laws have been roundly and universally condemned. Because a legislature can know exactly who will benefit or suffer from the change in law, retroactive laws permit the legislature to single out known individuals for special treatment. By changing the legal effect of past conduct, retroactive legislation prevents citizens from knowing what conduct will subject them to liability. Because retroactive laws upset settled expectations, they discourage investment and contractual arrangements and, more fundamentally, undermine respect for the rule of law.' For these reasons, among others, the United States Constitution restrains retroactive legislation through the Ex Post Facto Clauses .6 It is beyond dispute that these clauses spring from a deeply held aversion to retroactivity;' however, because the phrase "ex post facto" is unfamiliar—indeed, it is not even in English—the interpretation of the clauses has been the subject of dispute since the republic's first days.' In at least one respect, the debate is as well-defined as it is unresolved. Scholars and jurists advancing the "narrow" interpretation of the Ex 4. This hypothetical is based on the Deepwater Horizon explosion off the coast of Louisiana in the Gulf of Mexico. In the wake of the explosion, members of Congress introduced a number of laws that would have had retroactive effect on the civil liability of BP, to which the Deepwater Horizon was chartered. E.g., Deepwater Horizon Survivors' Fairness Act, S. 183, 112th Cong. (2012); see also Deepwater Horizon Liability: Hearing on S. 3305 and S. 3346 Before the S. Comm. on Energy & Natural Res., 111th Cong. (2010) (discussing retroactive application of liability provisions). 5. See Charles B. Hochman, The Supreme Court and the Constitutionality of Retroactive Legislation, 73 HARv. L. REv. 692, 693, 715, 723 (1960); Evan C. Zoldan, Reviving Legislative Generality, 98 MARQ. L. REv. 625, 641, 646, 654 (2014). 6. U.S. CONST. art. I, §§ 9, 10. 7. Ogden v. Saunders, 25 U.S. (12 Wheat.) 213, 266 (1827) (holding that ex post facto laws are `oppressive, unjust, and tyrannical; and, as such, are condemned by the universal sentence of civilized man"); 1 WILLIAM BLACKSTONE, COMMENTARIES ON THE LAWS OF ENGLAND § 2, at 46 (William S. Hein & Co. 1992) (1765); THE FEDERALIST NO. 44, at 287 (James Madison) (Isaac Kramnick ed., Penguin 1987) ("ex post facto laws ... are contrary to the first principles of the social compact, and to every principle of sound legislation"); THE FEDERALIST NO. 84, supra, at 473-75 (Alexander Hamilton) (the "prohibition of ex post facto laws" is among the greatest "securities to liberty and republicanism" contained in the proposed Constitution); FULLER, supra note 3, at 53. 8. 1 WILLIAM WINSLOW CROSSKEY, The True Meaning of the Prohibition of the Ex -Post -Facto Clauses, in POLITICS AND THE CONSTITUTION IN THE HISTORY OF THE UNITED STATES 324, 338-39 (1953) (recounting debate in the First Congress over the meaning of the Ex Post Facto Clause). 730 WISCONSIN LAW REVIEW Post Facto Clauses conclude that the clauses originally were understood to restrict retroactive criminal laws only.' On the opposite side of the divide, scholars and jurists advancing the "broad" interpretation conclude that the Ex Post Facto Clauses originally were understood to restrict retroactive civil laws along with criminal laws. 10 In Calder v. Bull," the first Supreme Court case to address the Ex Post Facto Clauses, the Court adopted the narrow interpretation; under Calder, which controls current law, the hypothetical example of the oil spill legislation would not violate the Ex Post Facto Clauses. Indeed, because the Supreme Court will not invalidate a non-punitive12 civil statute because of its retroactive effect," both Congress and state legislatures routinely enact laws that alter the legal consequences of previously committed conduct without constitutional consequence. For example, the Court has upheld "civil commitment" schemes by which states refuse to release convicted sex offenders from prison after they have served their sentences. 14 The Court holds that civil commitment is not criminal punishment even though it results in continued incarceration; as a result, the Ex Post Facto Clauses' protections simply are not implicated. 15 Based on the narrow interpretation of the Ex Post Facto Clauses, courts also have upheld the constitutionality of laws that 9. E.g., Calder v. Bull, 3 U.S. (3 Dall.) 386, 390 (1798); Douglas W. Kmiec & John O. McGinnis, 771e Contract Clause: A Return to the Original Understanding, 14 HASTINGS CONST. L.Q. 525, 531 n.29 (1987); Robert G. Natelson, Statutory Retroactivity: The Founders' View, 39 IDAHO L. REv. 489, 521, 523 (2003); Duane L. Ostler, 77ie Forgotten Constitutional Spotlight: How Viewing the Ban on Bills of Attainder as a Takings Protection Clarifies Constitutional Principles, 42 U. TOL. L. REv. 395, 417 (2011). 10. E.g., Satterlee v. Matthewson, 27 U.S. (2 Pet.) 380, 416 app. at 683-84 (1829) (Johnson, J., concurring); 1 CROSSKEY, supra note 8, at 330; Oliver P. Field, Ex Post Facto in the Constitution, 20 MICH. L. REv. 315, 321 (1922); Harold J. Krent, 771e Puzzling Boundary Between Criminal and Civil Retroactive Lawmaking, 84 GEo. L.J. 2143 (1996); Jane Harris Aiken, Ex Post Facto in the Civil Context: Unbridled Punishment, 81 Ky. L.J. 323, 326 (1992); Michael S. Rafford, Note, The Private Securities Litigation Reform Act of 1995: Retroactive Application of the RICO Amendment, 23 J. LEGIS. 283 (1997). 11. Calder v. Bull, 3 U.S. (3 Dall.) 386 (1798). 12. As has been noted, courts construe the term "punitive" narrowly, allowing great leeway for state legislatures and Congress to enact retroactive civil laws that impose significant penalties. Aiken, supra note 10, at 326. 13. Landgraf v. USI Film Prods., 511 U.S. 244, 270 (1994). The "presumption against retroactivity," as the Court's clear statement rule is sometimes called, is strongly stated but not strongly enforced. Krent, supra note 10, at 2149 ("[Tlhe Court has generally sustained any retroactive enactment in the economic sphere that is supported by a plausible public purpose."). 14. Kansas v. Hendricks, 521 U.S. 346, 369-70 (1997). 15. Id. at 370-71. 2015:727 The Civil Ex Post Facto Clause 731 retroactively impose monetary liabilities, provide disability benefits,16 strip judges of the discretion to prevent deportations," and impose penalties on foreign companies.18 If the Court were ever to reject Calder, the constitutionality of countless statutory schemes that rely on civil retroactivity would be cast into doubt. So far, the Court has not yet questioned Calder's fundamental historical conclusion that the original meaning of the Ex Post Facto Clauses included criminal laws only. But, the time may soon come when the Court reconsiders Calder. Indeed, both scholars19 and judges, including justices of the Supreme Court itself,20 have signaled an increasing interest in grounding their constitutional interpretations in historical meaning. As a result, the importance of historical evidence about the original meaning of the Ex Post Facto Clauses hardly can be overstated. Historical evidence has the potential either to support Calder's fundamental distinction between civil and criminal retroactivity, putting to rest a centuries-old debate, or to undermine its very foundation. Scholars and judges have reviewed reams of historical evidence, including notes from the Philadelphia and state constitutional conventions, English treatises, and public letters, in order to evaluate Calder's historical conclusions. However, despite their heavy reliance on historical evidence, they have failed to reach consensus on the original meaning of the clauses. Furthermore, despite the breadth of historical material they evaluate, so far they have failed even to consider a vital source of information about the original meaning of the Ex Post Facto Clauses. Decisive evidence of the original meaning of the clauses can be found by examining the "professional" meaning of the phrase ex post facto—that is, how the phrase "ex post facto" was 16. Ann Woolhandler, Public Rights, Private Rights, and Statutory Retroactivity, 94 GEo. L.J. 1015, 1054 (2006). 17. United States v. Bodre, 948 F.2d 28, 30-31 (1st Cir. 1991) (upholding the retroactive stripping of judges' discretion to prevent a deportation based on a criminal conviction because "fdleportation proceedings have been consistently classified as purely civil in nature"). 18. GPX Int'[ Tire Corp. v. United States, 893 F. Supp. 2d 1296, 1309-11 (Ct. Int'l Trade 2013) (upholding law imposing monetary penalties retroactively on foreign companies because courts "have consistently upheld the trade remedy laws as remedial and not punitive in nature"). 19. E.g., JACK M. BALKIN, LIVING ORIGINALISM 198-99 (2011); Keith E. Whittington, Originalism: A Critical Introduction, 82 FGRDHAM L. REv. 375 (2013). 20. Hosanna -Tabor Evangelical Lutheran Church & Sch. v. EEOC, 132 S. Ct. 694, 702-03 (2012); District of Columbia v. Heller, 554 U.S. 570, 592-93 (2008); E. Enters. v. Apfel, 524 U.S. 498, 539 (1998) (Thomas, J., concurring) ("In an appropriate case, therefore, I would be willing to reconsider Calder and its progeny to determine whether a retroactive civil law that passes muster under our current Takings Clause jurisprudence is nonetheless unconstitutional under the Ex Post Facto Clause. "). 732 WISCONSIN LAW REVIEW used by the professional community of American judges and lawyers in the course of their work in the years leading up to the ratification of the Constitution. This article corrects the omission in the literature and Supreme Court doctrine by searching colonial and early state case reports for evidence of the professional meaning of the phrase ex post facto. After examining this historical evidence, two points become clear: the professional meaning of the phrase ex post facto includes both civil and criminal laws; and Calder's historical analysis is fundamentally flawed. By analyzing evidence of the professional meaning of the Ex Post Facto Clauses, this article will finally resolve the centuries-old and ongoing debate over the original meaning of the Ex Post Facto Clauses and provide firm historical evidence for reconsidering Calder. Part I of this article organizes the historical arguments made by proponents of both the broad and narrow interpretations of the Ex Post Facto Clauses. After identifying the historical evidence that places each of these interpretations in its most persuasive light, I look for the points of disagreement—and agreement—to learn whether there is any way to break the deadlock between advocates of the broad and narrow interpretations. This examination reveals that proponents of both interpretations have presented powerful arguments, based on much the same evidence, but have reached opposite conclusions. Moreover, laying out the broad and narrow arguments side-by-side reveals that the narrow interpretation's strongest argument rests on the unproved assumption that the professional meaning of the Ex Post Facto Clauses was limited to criminal laws. In Part II, I uncover the professional meaning of the Ex Post Facto Clauses by analyzing the body of American cases that used the phrase ex post facto in the decades leading up to the framing of the Constitution. An examination of these cases, for the first time with an eye toward uncovering the original meaning of the Ex Post Facto Clauses, reveals that the phrase ex post facto was well known to the professional class of American judges and lawyers in the years leading up to the framing of the Constitution. The phrase was used not only to describe laws imposing retroactive criminal liability, but also laws retroactively altering contract rights and remedies, manumitting enslaved persons, and modifying property rights. Based on the way the phrase ex post facto was used in these cases, I conclude that the professional meaning of the phrase ex post facto included both retroactive criminal and civil laws. The addition of this evidence to the already existing historical record leads to the further conclusion that the original meaning of the Ex Post Facto Clauses prohibited both civil and criminal retroactivity. 2015:727 The Civil Ex Post Facto Clause 733 Historical meaning is one of the traditional tools used by scholars21 and judges22 when interpreting the text of the Constitution. As a result, the conclusions of this article should be of great interest to anyone, originalist23 or not, who is interested in the interpretation of the Ex Post Facto Clauses. But, even for courts and scholars who do not believe that history has any place in constitutional interpretation, the discovery of the professional meaning of the phrase ex post facto suggests new, non -historically contingent ways to approach the question of reconsidering Calder. In Part III, I examine doctrinal, structural, and normative arguments for retaining Calder and offer new ways of approaching these arguments. I. THE DEBATE OVER THE ORIGINAL MEANING OF THE EX POST FACTO CLAUSES The prohibition, that no state shall pass any ex post facto law, necessarily requires some explanation; for, naked and without explanation, it is unintelligible, and means nothing." The original Constitution, that is, the Constitution as drafted and ratified between 1787 and 1788, contains few explicit protections for individual rights. Most of the constitutional provisions Americans today associate with their "constitutional rights," including freedom of speech, freedom from unreasonable searches and seizures, and the right to counsel, are found in the Bill of Rights, which were not added to the Constitution until 1791.25 But, although they are now overshadowed by 21. PHILIP BoBBrrr, CONSTITUTION INTERPRETATION 12-13 (1991); Aiken, supra note 10, at 325 n.12; Morgan Cloud, A Conclusion in Search of a History to Support It, 43 TEx. TECH L. REv. 29, 49 (2010); Harlan Grant Cohen, "Undead" Wartime Cases: Stare Decisis and the Lessons of History, 84 TUL. L. REv. 957, 1017-18 (2010). 22. E.g., NLRB v. Canning, 134 S. Ct. 2550, 2559 (2014). 23. I am not an originalist; I do not subscribe to the view that historical meaning definitively answers interpretative questions. However, historical evidence is one of the traditional tools of interpreting the Constitution, and I join the majority of courts and scholars who recognize the relevance of history to constitutional interpretation. 24. Calder v. Bull, 3 U.S. (3 Dail.) 386, 390 (1798) (internal quotation marks omitted). 25. E.g., U.S. CONST. amend. I (freedom of speech, free exercise of religion, freedom of the press, freedom of assembly, right to petition); U.S. CONST. amend. II (right to bear arms); U.S. CONST. amend. IV (freedom from unreasonable searches and seizures); U.S. CONST. amend. V (freedom from self-incrimination, right to just compensation for taking of property, due process); U.S. CONST. amend. VI (right to a speedy and public trial, right to confront witnesses, right to assistance of counsel); U.S. 734 WISCONSIN LAW REVIEW their more famous brethren, the rights that were included in the original text of the Constitution, including the Ex Post Facto Clauses, are no less important. Indeed, at the time of the framing of the Constitution, the Ex Post Facto Clauses were described as integral to the creation of a just society. James Madison argued that the clauses prevented abusive laws that were "contrary to the first principles of the social compact, and to every principle of sound legislation. "26 Alexander Hamilton added that the "prohibition of ex post facto laws" was among the greatest "securities to liberty and republicanism" contained in the proposed Constitution." The early Supreme Court held that ex post facto laws are "oppressive, unjust, and tyrannical; and, as such, are condemned by the universal sentence of civilized man."" But perhaps the import of the Ex Post Facto Clauses at the time of the framing of the Constitution is best exemplified by the fact that the Constitution contains not one, but two, Ex Post Facto Clauses: the states and the federal government alike are prohibited, in unqualified terms, from passing any ex post facto law.z9 It is one thing to condemn and proscribe ex post facto laws in the abstract; it is quite another to reduce the prohibition to a precise, administrable definition. Although there is general agreement that ex post facto roughly means "retroactive" or "retrospective, "30 the exact parameters of the clauses have been disputed since the early days of the republic. Today, as in the late eighteenth century, the primary disagreement revolves around whether the prohibition of the Ex Post Facto Clauses extends to retroactive civil laws. Referring to materials such as notes from the Philadelphia 31 and state ratifying conventions," CONST. amend. VII (right to a jury in civil cases); U.S. CONST. amend. VIII (freedom from excessive bail and cruel and unusual punishment). 26. THE FEDERALIST No. 44, supra note 7, at 287 (James Madison). 27. THE FEDERALIST No. 84, supra note 7, at 474 (Alexander Hamilton). 28. Ogden v. Saunders, 25 U.S. (12 Wheat.) 213, 266 (1827). 29. U.S. CONST. art. I, §§ 9-10; Cal. Dept of Corr. v. Morales, 514 U.S. 499, 515 n.l (1995) (Stevens, J., dissenting) ("That the Framers included two separate clauses in the Constitution prohibiting ex post facto legislation highlights the Framers' appraisal of the importance of that prohibition." (internal citations omitted)); 1 CROSSKEY, supra note 8, at 324; Aiken, supra note 10, at 328. 30. The terms "retroactive" and "retrospective" are generally used interchangeably. Jeffrey Omar Usman, Constitutional Constraints on Retroactive Civil Legislation: The Hollow Promises of the Federal Constitution and Unrealized Potential of State Constitutions, 14 NEv. L.J. 63, 84 n.158 (2014). E.g., Ogden, 25 U.S. (12 Wheat.) at 262; cf. DANIEL E. TROY, RETROACTIVE LEGISLATION 6-9 (1998). 31. Calder v. Bull, 3 U.S. (3 Dail.) 386, 387-89 (1798); Natelson, supra note 9, at 517-18; Ostler, supra note 9, at 413-14. 32. Calder, 3 U.S. (3 Dail.) at 391; Natelson, supra note 9, at 521-23. 2015:727 The Civil Ex Post Facto Clause 735 English treatises,33 and public letters,34 scholars and jurists advancing the "narrow," or "criminal -only," interpretation of the Ex Post Facto Clauses conclude that the clauses originally were understood to restrict retroactive laws in the criminal context only.35 By contrast, scholars and jurists advancing the "broad" or "criminal -and -civil" interpretation, rely largely on these same materials to conclude that the Ex Post Facto Clauses originally were understood to cover all retroactive laws, whether civil or criminal.sb Part I collects and organizes historical evidence supporting both the broad and narrow interpretations of the Ex Post Facto Clauses.37 Focusing on this history reveals the points of historical agreement and disagreement that have separated the two lines of scholarship. Evaluating these points of agreement and disagreement allows me to identify a way to break the deadlock that has developed between advocates of the broad and narrow interpretations.'$ A. The Criminal -Only or Narrow Interpretation Scholars who advance the criminal -only, or narrow, interpretation of the Ex Post Facto Clauses argue that the framing generation, and the framers of the Constitution in particular, originally understood the Ex Post Facto Clauses to reach criminal laws only.39 Under this interpretation, the Ex Post Facto Clauses would prevent, for example, 33. Calder, 3 U.S. (3 Dail.) at 391; Natelson, supra note 9, at 503, 517. 34. Natelson, supra note 9, at 520. 35. Calder, 3 U.S. (3 Dail.) at 387-89; Kmiec & McGinnis, supra note 9, at 531 n.29; Natelson, supra note 9, at 521, 523; Ostler, supra note 9, at 417. 36. E.g., Field, supra note 10, at 321 (Philadelphia Convention); Aiken, supra note 10, at 327 (Philadelphia Convention); Rafford, supra note 10, at 287 (Philadelphia Convention); 1 CROSSKEY, supra note 8, at 332-37 (state constitutional conventions); Satterlee v. Matthewson, 27 U.S. (2 Pet.) 380, 416 app. at 683-84 (1829) (Johnson, J., concurring) (British sources); 1 CRossKEY, supra note 8, at 330-31 (British sources); id. at 327-30 (public articles and letters); Krent, supra note 10, at 2153-54 (public articles and letters); Rafford, supra note 10, at 287 (public articles and letters). 37. I will describe the meaning of the Ex Post Facto Clauses at the time of the framing of the Constitution as the "original meaning" of the clauses; however, the historical evidence I consider includes evidence that could be used by those who focus on original intent and original understanding as well. 38. Moreover, setting out the historical record in full highlights the ambiguities in the historical record that are sometimes obscured in discussions of historical evidence. Revealing the ambiguities inherent in the historical record creates a vantage point from which we may view the merits of using history to determine constitutional meaning. Although it is beyond the scope of this current piece, in future work I plan to address the conceptual and practical problems associated with this use of history that are revealed by the story of the Ex Post Facto Clauses. 39. E.g., Natelson, supra note 9, at 521-23; Ostler, supra note 9, at 417. 736 WISCONSIN LAW REVIEW Congress from retroactively imposing a prison term for criminal fraud; however, Congress would not be prohibited from retroactively imposing compensatory damages for the tort of civil fraud. The narrow interpretation finds support in the way the phrase ex post facto was used by British jurists,40 the drafters of the Constitution," the Constitution's state ratifiers,42 and in public letters, private correspondence,43 and post -ratification discussions.' 1. BRITISH PRIMARY SOURCES The phrase ex post facto did not originate during the debate in Philadelphia over the text of the Constitution. This Latin phrase was known to English jurists who, in turn, learned the concept from classical literature.45 William Blackstone, whose seminal work, Commentaries on the Laws of England, was widely read by educated members of the revolutionary generation,46 described that a resolution may not properly be called a "law" unless it is publicized in advance to the people who are bound by it.47 After describing the injustice of Caligula, who was said to have ensnared his subjects by posting laws where they could not be seen by the public, Blackstone described what he called an even "more unreasonable method than this, which is called making of laws ex post facto. s48 A law is made ex post facto when after an action is committed, the legislator then for the first time declares it to have been a crime, and inflicts a punishment upon the person who has committed it; here it is impossible that the party could foresee that an action, innocent when it was done, should be afterwards converted to guilt by a subsequent law; he had therefore no cause to abstain from 40. Natelson, supra note 9, at 503, 517-18. 41. Id. at 517; Ostler, supra note 9, at 413-14, 417; Rafford, supra note 10, at 286-87. 42. Natelson, supra note 9, at 518-22; Caleb Nelson, Originalism and Interpretive Conventions, 70 U. CHI. L. REv. 519, 579-81 (2003). 43. Natelson, supra note 9, at 520. 44. 1 CROSSKEY, supra note 8, at 339; Nelson, supra note 42, at 581-82; Rafford, supra note 10, at 287. 45. 1 BLACKSTONE, supra note 7, § 2, at 46 (citing Cicero and Dio Cassius). 46. ZECHARIAH CHAFEE JR., THREE HUMAN RIGHTS IN THE CONSTITUTION OF 1787, at 95 (1956); EDWARD S. CORWIN, LIBERTY AGAINST GOVERNMENT 53 (1948). 47. 1 BLACKSTONE, supra note 7, § 2, at 45. 48. Id. § 2, at 46. 2015:727 The Civil Ex Post Facto Clause 737 it; and all punishment for not abstaining must of consequence be cruel and unjust." Similarly, in A Systematical View of the Laws of England, Richard Wooddeson, Blackstone's successor at Oxford,50 referred to "penal statutes passed ex post facto. "51 What is clear from these passages is the uncontroversial proposition that Blackstone and Wooddeson considered a criminal law applied to past conduct an ex post facto law. Scholars and jurists who advance the narrow reading of the Ex Post Facto Clauses read these passages not just as an example, but as a definition, of the phrase ex post facto, concluding that the phrase is limited to criminal retroactivity only." 2. THE PHILADELPHIA CONVENTION The draft of the Constitution produced in Philadelphia in 1787 contained two Ex Post Facto Clauses, one prohibiting the states, and one prohibiting the federal government, from passing any ex post facto law. These clauses reflect the substantial debate that took place during the Philadelphia convention over whether to include the ex post facto language in the Constitution, and, equally importantly, what precisely that language would mean. When the debate began, James Wilson and Oliver Ellsworth objected to the inclusion of this language at all. Ellsworth, a future justice of the Supreme Court, argued that "ex post facto laws were void of themselves. It cannot then be necessary to prohibit them. "53 Wilson, perhaps the most learned member of the Convention, agreed, arguing that they were so obviously invalid that it would "bring reflexions on the Constitution — and proclaim that we are ignorant of the first principles of Legislation" to prohibit ex post facto laws specifically.54 Because "civil retroactivity was a fact of life in several states" during the Confederation period, scholars advancing the narrow interpretation read Wilson and Ellsworth's comments as 49. Id. 50. 1 .TAMES WILSON, Of Municipal Law, in LECTURES ON LAW, in THE WORKS OF THE HONOURABLE JAMES WILSON 179 (Bird Wilson ed., 1804); see also 1 CROSSKEY, supra note 8, at 331. 51. 2 RICHARD WOODDESON, A SYSTEMATICAL VIEW OF THE LAWS OF ENGLAND 641 (1792). Although Wooddeson's A Systematical View of the Laws of England was published after the ratification of the Constitution, this work represents a collection of lectures delivered in the 1770s and 1780s. 52. Calder v. Bull, 3 U.S. (3 Dall.) 386, 391 (1798); Natelson, supra note 9, at 503, 51. 53. 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, at 376 (Max Farrand ed., 1911). 54. Id.; see also Field, supra note 10, at 318. 738 WISCONSIN LAW REVIEW references to criminal laws only.55 It would have made little sense, they argue, for Wilson and Ellsworth to so lightly dismiss as a contradiction in terms statutes that their own states routinely enacted. Concurring in the impropriety of ex post facto laws, Hugh Williamson of North Carolina advocated inserting ex post facto language in the federal Constitution to achieve the benefits of a similar clause in his own state's constitution.56 The ex post facto clause in North Carolina's Constitution referred explicitly to criminal laws, providing that "retrospective laws, punishing facts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty; wherefore no ex post facto law ought to be made. s57 By arguing that the Federal Constitution's ex post facto prohibition would achieve the same benefits as North Carolina's, Williamson appears to have believed that he and his fellow delegates were debating whether to include a prohibition on retroactive criminal laws only. But, not everyone agreed that the phrase ex post facto was limited to criminal laws only. After Madison used the phrase to refer to a law that would shorten the statute of limitations for certain civil actions, the debate intensified.58 John Dickinson, having consulted his copy of Blackstone's Commentaries, informed the Convention that the term "ex post facto related to criminal cases only; that they would not consequently restrain the States from retrospective laws in civil cases.... "59 George Mason was unconvinced by the reference to Blackstone; he believed that retroactive civil laws sometimes should be permitted and was concerned that the proposed language would prohibit even salutary retroactive civil laws.60 He moved to strike the clause as overbroad, which Elbridge Gerry seconded; Gerry, however, made clear that his aim was to substitute language that would have explicitly extended the prohibition to retroactive civil laws .61 The motion was voted down unanimously by the states.62 55. Natelson, supra note 9, at 517. 56. 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, supra note 53, at 376. 57. N.C. CONST. of 1776, A Declaration of Rights, art. XXIV. 58. 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, supra note 53, at 440, 448. 59. Id. at 448-49 (internal quotation marks omitted); see also Rafford, supra note 10, at 287. 60. 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, supra note 53, at 617. 61. Id. 62. Id. 2015:727 The Civil Ex Post Facto Clause 739 Scholars advocating the narrow definition suggest that Dickinson's invocation of the much -admired Blackstone 63 "probably settled the matter for most delegates, "6` who were unwilling to reopen discussion either to eliminate the prohibition altogether, as Mason intended, or to expand it to include a prohibition on civil laws, as Gerry intended.' These scholars conclude, as a result, that at the time of the signing of the Constitution, most delegates had accepted Dickinson's representation and understood the Ex Post Facto Clauses to prohibit retroactive criminal laws only.bb 3. STATE RATIFYING CONVENTIONS The debate continued in the state conventions that considered and ultimately ratified the Constitution. In the Virginia Convention, Mason, this time joined by Patrick Henry, again raised his concern that the clauses would prohibit useful retroactive civil statutes." Mason was particularly concerned that the Ex Post Facto Clauses would prevent Congress from enacting scaling laws to reduce the value of national debt—ultimately chargeable to the states—that was held by speculators.68 Edmund Randolph, future Attorney General under George Washington, argued that Mason's concern was unfounded because the phrase "ex post facto" was a term of art that referred only to criminal laws.69 If taken "technically," argued Randolph, the phrase relates "solely to criminal cases."' It was the technical meaning of the phrase that was adopted in the Philadelphia Convention, claimed Randolph," and it is this technical meaning that would be employed by judges." Randolph added that, because of the Ex Post Facto Clause's 63. Indeed, Blackstone and his Commentaries are referred to in the Federalist Papers, THE FEDERALIST Nos. 69, 84, supra note 7, at 398-99, 474-75 (Alexander Hamilton), during the Philadelphia Convention, 1 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, supra note 53, at 472, and 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, supra note 53, at 448-49, and throughout James Wilson's influential Lectures on Law, see 1 JAMES WILSON, LECTURES ON LAW, in THE WORKS OF THE HONOURABLE JAMES WILSON, Supra note 50, at 3. 64. Natelson, supra note 9, at 518; Ostler, supra note 9, at 413-14. 65. Natelson, supra note 9, at 518; Ostler, supra note 9, at 413-14. 66. Natelson, supra note 9, at 518, 520; Ostler, supra note 9, at 413-14, 417. 67. Convention of Virginia, in 3 THE DEBATES IN THE SEVERAL STATE CONVENTIONS ON THE ADOPTION OF THE FEDERAL CONSTITUTION 1, 471-74 (Jonathan Elliot ed., 1836) [hereinafter ELLIOT'S DEBATES]. 68. Id. at 472-73. 69. Id. at 477-79. 70. Id. at 477, 481. 71. Id. at 477. 72. Id. at 481. 740 WISCONSIN LAW REVIEW proximity to the Bill of Attainder Clause, the common canon of construction noscitur a sociis suggested that these clauses should be read together; because the Bill of Attainder Clause relates to crimes only, so too must the Ex Post Facto Clause. 13 Mason retorted that he would not dispute the phrase's "technical" meaning; however, he was concerned not with the meaning "at the bar, or in a professional line"74 but rather with the common meaning of the phrase. "Whatever may be the professional meaning," Mason argued, the "general meaning of ex post facto" included all laws having retroactive effect.75 While perhaps not alone, Mason and Henry were in the minority, argue proponents of the narrow reading of the Ex Post Facto Clauses.76 Members of the other state conventions that addressed the ex post facto issue agreed with Randolph. New York's ratification of the Constitution was accompanied by a declaration that set out that state's interpretation of the document, including the caveat that "the prohibition contained in the said Constitution against ex post facto laws, extends only to laws concerning crimes."" Similarly, statements made during Pennsylvania's ratifying convention declare that the Ex Post Facto Clauses prevent only the imposition of criminal liability." Although proponents of the Constitution in North Carolina's ratifying convention, including future Supreme Court Justice James Iredell, argued that the Ex Post Facto Clauses would prevent Congress from diminishing the value of that state's paper currency, North Carolina's convention initially rejected the Constitution. As a result, argue proponents of the narrow interpretation, the broad interpretation of the clauses was not the basis for that state's—or any state's—ratification of the Constitution.79 73. Id. at 477-78; cf. Ogden v. Saunders, 25 U.S. (12 Wheat.) 213, 329 (1827) (holding that the maxim noscitur a sociis suggests that the collocation of the clauses in U.S. CONST. art. I, § 10 strongly suggests that these clauses should be interpreted in light of one another). 74. Convention of Virginia, in 3 ELLIOT'S DEBATES, supra note 67, at 479. 75. Id. (emphasis added). 76. Natelson, supra note 9, at 520. 77. Convention of New York, in 1 ELLIOT'S DEBATES, supra note 67, at 328; Nelson, supra note 42, at 581. This declaration was, perhaps, a second-best alternative to the failed amendment to the Constitution moved by a member of New York's convention that would have defined the Ex Post Facto Clauses to include criminal laws only. 78. Natelson, supra note 9, at 521-22. 79. Id. 2015:727 The Civil Ex Post Facto Clause 741 4. PUBLIC DEBATE In public letters, influential Federalists implied that the clauses encompassed criminal laws only.80 For example, Hamilton explained that the prohibition of ex post facto laws was necessary because the "creation of crimes after the commission of the fact, or in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law" is among the "most formidable instruments of tyranny."" Advocates of the narrow interpretation conclude that these representations informed the public debate over the decision to ratify the Constitution.82 Moreover, in addition to North Carolina's Constitution, noted above, Maryland's Constitution also used the phrase ex post facto to include criminal laws only. Specifically, Maryland's Constitution provided that "retrospective laws, punishing facts committed before the existence of such laws, and by them only declared criminal, are oppressive, unjust, and incompatible with liberty; wherefore no ex post facto law ought to be made."" By contrast, New Hampshire's Constitution prohibited the more general category of "Retrospective laws," defining them to include both laws affecting "civil causes" and "the punishment of offences. ,84 The usage of the phrases in these state constitutions suggests that the terms ex post facto and retrospective were not synonymous: while "retrospective" included civil and criminal laws, as indicated by its use in New Hampshire, "ex post facto" was a term of art including only criminal laws, as it was used in Maryland. 5. POST -RATIFICATION EVIDENCE Although post -ratification history is not the most reliable evidence of meaning at the time of the Constitution's ratification,SS scholars and the Supreme Court alike accord substantial interpretative significance to the conduct of the first Congress86 and the early Supreme Court when 80. Id. at 520. 81. THE FEDERALIST No. 84, supra note 7, at 474 (Alexander Hamilton). 82. Kmiec & McGinnis, supra note 9, at 531 n.29; Natelson, supra note 9, at 521-23; Ostler, supra note 9, at 413-14. 83. MD. CONST. of 1776, A Declaration of Rights, art. XV. 84. N.H. CONST. of 1784, art. I, § XXIII. 85. Michael Bhargava, Comment, The First Congress Canon and the Supreme Court's Use of History, 94 CALIF. L. REv. 1745, 1746 & n.13 (2006) ("The Court has sporadically trotted out this First Congress canon of constitutional interpretation in more than thirty decisions over the last 200 years. 86. Id. at 1746-47. 742 WISCONSIN LAW REVIEW interpreting provisions of the Constitution.87 Soon after the first Congress convened, the issue of the scope of the Ex Post Facto Clauses resurfaced. Madison precipitated the dispute by proposing a bill in the House of Representatives that would allow the debts of the United States to be paid below face value.88 A number of members of the House objected that a law diminishing the value of the debt of the United States would be prohibited as an ex post facto law.89 Contradicting his statement at the Philadelphia Convention, Madison responded that laws reducing the value of debt do not rum afoul of the Constitution because "ex post facto laws relate to criminal not civil cases. "90 Madison's assertion was articulated more fully a few years later in the seminal Supreme Court case, Calder v. Bull. Calder involved a challenge to the Connecticut General Court's decision to vacate a lower court judgment and grant a new trial to the losing party in a civil dispute.91 Much like the English House of Lords, Connecticut's General Court sat both as a court of appeal and also as the state's legislative body.92 As a result, the Supreme Court was called on to decide whether the General Court's resolution to vacate the lower court judgment fell within the Constitution's proscription on ex post facto laws. Justice Chase opined that granting a new trial does not fall within the Constitution's prohibition because the phrase "ex post facto laws" refers to criminal laws only.93 Indeed, the phrase was a term of art, noted Chase, that had a "technical" meaning acquired through use by "Legislators, Lawyers, and Authors. "94 Justice Paterson, assuming arguendo that the resolution of the General Court was a legislative act, also was of the opinion that the General Court's order did not fall within the ambit of the Ex Post Facto Clause. Like Chase, Paterson noted that the words "ex post facto, when applied to a law, have a technical meaning, and, in legal phraseology, refer to crimes, pains, and penalties."" Paterson noted that he, as a delegate to the Philadelphia convention, "had an ardent desire to have extended the 87. For example, thousands of cases and articles have referenced Calder and tens of thousands have referenced Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). 88. 1 CROSSxEY, supra note 8, at 338. 89. Id. 90. 5 JAMES MADISON, THE WRITINGS OF JAMES MADISON 446, 453 (Gaillard Hunt ed., 1904) (1790); see also 1 CROSSKEY, supra note 8, at 339; cf. 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, Supra note 53, at 440. 91. Calder v. Bull, 3 U.S. (3 Dall.) 386 (1798). 92. Id. at 395. 93. Id. at 391. 94. Id. 95. Id. at 396. 2015:727 The Civil Ex Post Facto Clause 743 provision in the Constitution to retrospective laws in general" but was unable to prevail on his fellow delegates.96 Whatever the "literal sense" of the phrase ex post facto, said Paterson, the "technical" meaning refers to criminal laws only.97 Justice Iredell agreed that, assuming the resolution of the Connecticut General Court was a legislative act, the Ex Post Facto Clauses did not reach this resolution because they applied to criminal statutes only.98 B. The Criminal -and -Civil or Broad Interpretation Like the scholars advancing the narrow interpretation, scholars and jurists advancing the broad reading of the Ex Post Facto Clauses rely on evidence derived from British primary sources,99 the Philadelphia and state constitutional conventions,'00 newspaper articles and open letters, 101 and post -ratification evidence. 10' Although they rely on nearly identical historical sources, they draw the opposite conclusion: that the original meaning of the Ex Post Facto Clauses included both civil and criminal retroactive laws. 1. BRITISH PRIMARY SOURCES Much like scholars advancing the narrow interpretation, scholars and jurists advancing the broad interpretation emphasize that neither the phrase ex post facto nor the concept of retroactive legislation originated 96. Id. at 397; Rafford, supra note 10, at 287. 97. Calder, 3 U.S. (3 Dall.) at 397. 98. Id. at 400. Justice Cushing did not opine that the Ex Post Facto Clauses refer to criminal laws only; rather, he rested on the alternative arguments that either the resolution was a judicial act or, even if legislative, it was "justified by the ancient and uniform practice of the state of Connecticut." Id. at 400-01. 99. Satterlee v. Matthewson, 27 U.S. (2 Pet.) 380, 416 app. at 683-84 (1829) (Johnson, J., concurring); 1 CROSSKEY, supra note 8, at 330-32; Aiken, supra note 10, at 335. 100. 1 CROSSKEY, supra note 8, at 332-37; Field, supra note 10, at 318-25; Krent, supra note 10, at 2153; Aiken, supra note 10, at 327-28, 331-32; Wayne A. Logan, "Democratic Despotism" and Constitutional Constraint: An Empirical Analysis of Ex Post Facto Claims in State Courts, 12 WNL & MARY BILL RTs. J. 439, 444-45; Laura Ricciardi & Michael B.W. Sinclair, Retroactive Civil Legislation, 27 U. TOL. L. REV. 301, 302-06 (1996); Rafford, supra note 10, at 287. 101. 1 CROSSKEY, supra note 8, at 327-330; Aiken, supra note 10, at 332 n.40; Krent, supra note 10, at 2153; Rafford, supra note 10, at 287. 102. Satterlee, 27 U.S. (2 Pet.) at 416 app. at 685-86 (Johnson, J., concurring); 1 CROSSKEY, supra note 8, at 327, 340-41; Aiken, supra note 10, at 334- 35; Krent, supra note 10, at 2153. 744 WISCONSIN LAW REVIEW in Philadelphia.10' In the decades leading up to the American Revolution, the phrase ex post facto was used in British cases, treatises, and reference materials to include both criminal and civil retroactive laws. In his mid -eighteenth century law dictionary, Giles Jacobs used the phrase ex post facto to include civil laws; indeed, the examples he gave to illustrate the phrase were examples of its civil rather than criminal application. 104 Similarly, Sheppard's Touchstone of Common Assurances, Bacon's Maxims, and Godolphin's View of the Admiralty all used the phrase ex post facto to mean civil laws. 10' Before the ratification of the Constitution, British court cases used the term ex post facto to include civil statutes. In Wilkinson v. Meyer, 116 the court referred to a statute that retroactively impaired contract rights as an ex post facto act. Proponents of the broad interpretation take Wilkinson as evidence that the "practical or technical construction" of the phrase that included criminal laws only had not yet developed by the middle of the eighteenth century.107 Scholars and jurists advancing the broad interpretation take particular exception to the use of Blackstone and Wooddeson as support for the narrow interpretation. Blackstone and Wooddeson, they argue, use criminal laws as examples of perhaps the worst, but not only, types of ex post facto laws. 108 Indeed, by using the phrase "penal statutes, passed ex post facto," Wooddeson implied that only some, but not all, statutes passed ex post facto are penal.109 At most, Blackstone and Wooddeson are neutral; they provide evidence of one use of the phrase ex post facto but do not provide evidence that the phrase ex post facto was limited to that use. 2. THE PHILADELPHIA CONVENTION To proponents of the broad definition, the debates in the Philadelphia Convention support the conclusion that the Ex Post Facto Clauses were understood to encompass both criminal and civil 103. Satterlee, 27 U.S. (2 Pet.) at 416 app. at 684-85 (Johnson, J., concurring); 1 CRossKEY, supra note 8, at 330; Krent, supra note 10, at 2153. 104. 1 CROSSKEY, supra note 8, at 330. 105. Satterlee, 27 U.S. (2 Pet.) at 416 app. at 686 (Johnson, J., concurring); 1 CRossKEY, supra note 8, at 331. 106. Wilkinson v. Meyer, 2 Ld. Raym. 1350, 1352 (1724). 107. Satterlee, 27 U.S. (2 Pet.) at 416 app. at 684 (Johnson, J., concurring). 108. Id.; 1 CRossKEY, supra note 8, at 331-32; Ricciardi & Sinclair, supra note 100, at 306. 109. Satterlee, 27 U.S. (2 Pet.) at 416 app. at 684 (Johnson, J., concurring). 2015:727 The Civil Ex Post Facto Clause 745 retroactive laws."' After Rufus King moved to add language prohibiting the interference with private contracts, George Mason objected that unforeseeable situations may necessitate state laws interfering with contract rights.'" For example, Mason argued, a state should be permitted to shorten a statute of limitations period for bringing an action on an open account. 12 Madison answered Mason's objections by asking, perhaps rhetorically, "Is not that already done by the prohibition of ex post facto laws, which will oblige the Judges to declare such interferences null & void[?]"113 At the end of this discussion, the convention approved a motion to insert a prohibition on "retrospective laws.""' The Committee on Style changed this phrase to its present form, "ex post facto." Proponents of the broad interpretation draw a number of conclusions from this exchange. First, it appears that Madison, a key drafter of the Constitution, believed that the previous prohibition on ex post facto laws covered civil laws. Alternatively, if Madison's question was not rhetorical, and he genuinely was inquiring into the scope of the clause, it does not appear that anyone at the Convention informed him that the ex post facto prohibition did not cover civil laws.11' Second, the Convention actually agreed to prohibit "retrospective" laws, a term which has never been construed as limited to criminal laws only. Third, there is no evidence that anyone objected to the Committee on Style's rendering of "retrospective" as "ex post facto." This indicates that the Convention understood the two terms to be synonymous. Moreover, Dickinson's representations about Blackstone's use of the phrase ex post facto are both inaccurate and irrelevant to the decision to include language prohibiting ex post facto laws in the Constitution. 16 The Convention voted to adopt the language that became the Ex Post Facto Clauses on August 28. It was not until August 29 that Dickinson informed the Convention of Blackstone's technical limitation on the meaning of the phrase. Because the vote on 110. Field, supra note 10, at 317-22; Ricciardi & Sinclair, supra note 100, at 302-06; Rafford, supra note 10, at 286-87. 111. 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, supra note 53, at 439-40. 112. Id. at 440. An "open account" involves a series of related transactions between a buyer and seller in which, "in expectation of future dealings," the parties have not settled the charges. 1 C.J.S. Action on Account § 1 (2005). An action on an open account seeks payment on the unsettled amount of the series of transactions. Id. 113. 2 THE RECORDS OF THE FEDERAL CONVENTION OF 1787, supra note 53, at 440. 114. Id. 115. Field, supra note 10, at 319; Rafford, supra note 10, at 287. 116. Field, supra note 10, at 320. 746 WISCONSIN LAW REVIEW the clauses predated Dickinson's explanation, proponents of the broad interpretation argue that Dickinson's representations are meaningless to interpret the intent of the framers at the time of their vote. "' Indeed, they argue, the fact that Dickinson felt the need to raise Blackstone's usage after the delegates voted the previous day suggests that Dickinson believed he was correcting the delegates' (erroneous) view that they had voted on the more expansive meaning."' 3. STATE RATIFYING CONVENTIONS As noted above, proponents of the narrow interpretation emphasize the discussion about the clauses in the Virginia Convention and downplay the North Carolina Convention. Predictably, then, proponents of the broad definition reverse this emphasis; that is, they focus on the North Carolina Convention while minimizing the Virginia Convention. Virginia's ratification of the Constitution postdated the ratification of the Constitution by nine other states; as a result, the Constitution already had come into force when Randolph made his argument that the "technical" meaning of the phrase ex post facto included criminal laws only. Proponents of the broad definition conclude that, therefore, the discussions in Virginia teach us nothing about the intentions of the ratifiers of the Constitution at the time it became effective.19 Moreover, proponents of the broad definition emphasize that, in Virginia, Randolph stood alone; in addition to Henry and Mason, George Nicholas also referred to laws interfering with debt or contracts as ex post facto.12' Adding to these three Madison, who had suggested the broad interpretation in Philadelphia, it appears that all but one—or four out of five—of the Virginians who spoke out about the Ex Post Facto Clauses believed that they included civil laws.1z' Therefore, the disagreement between Randolph on the one hand, and Henry, Mason, Nicholas, and Madison on the other, indicates only that there was a dispute over whether the professional, or technical, meaning of the phrase would prevail over the lay meaning; it does not imply that the other delegates acquiesced in Randolph's understanding. 122 117. Id. 118. Id. at 320-21. 119. 1 CROSSKEY, supra note 8, at 332. 120. Convention of Virginia, in 3 ELLIOT'S DEBATES, supra note 67, at 476; Field, supra note 10, at 325. 121. Field, supra note 10, at 325; Ricciardi & Sinclair, supra note 100, at 310. 122. 1 CRossxEY, supra note 8, at 332-35. 2015:727 The Civil Ex Post Facto Clause 747 Although the first set of debates in North Carolina resulted in a rejection of the Constitution, the discussion in that state's ratifying convention indicates the generally accepted understanding that the Ex Post Facto Clauses prohibited the abolition of already -printed paper money. Stephen Cabarrus argued that the state's paper money would be secure because any law that purported to eliminate it "would clearly be ex post facto, and repugnant to the express provision of the Constitution. ,123 Iredell concurred, arguing that there "is an express clause" in the Constitution providing "that there shall be no ex post facto law"; and therefore, no law can be passed to retroactively diminish the value of paper money already issued.124 Proponents of the broad interpretation argue that, at least in North Carolina, it was well understood that the Ex Post Facto Clauses encompassed civil laws.125 4. PUBLIC DEBATE It may well be doubted whether, at the time of the adoption of the Constitution, the public at large was familiar with the arguments articulated above. Certainly they were not familiar with the notes of the Philadelphia Convention, which were secret when taken and not published until 1840.126 It is also questionable whether the public at large would have had access to British treatises and reference materials, let alone have been competent to parse them. However, details of the proposed Constitution, including the scope of the Ex Post Facto Clauses, also were discussed publicly and in more accessible language. In New Jersey, a pair of newspaper articles referred to laws modifying actions on debt as ex post facto. 127 Newspaper articles appearing during the ratification debates supported ratification on the ground that the Constitution would protect against ex post facto laws that interfered with property rights. 12' An article appearing in a South Carolina newspaper argued that the proposed Constitution's clause prohibiting ex post facto laws would prevent the states from diminishing the value of debt. 129 No doubt hoping that their authority as members of the Philadelphia Convention would help settle the issue, Ellsworth and 123. Convention of North Carolina, in 4 ELLIOT'S DEBATES, supra note 67, at 1, 184. 124. Id. at 185. 125. 1 CROSSKEY, supra note 8, at 336-37; Field, supra note 10, at 326; Ricciardi & Sinclair, supra note 100, at 311-12. 126. William Ewald, The Committee of Detail, 28 CONST. COMMENT. 197, 204 (2012). 127. 1 CROSSKEY, supra note 8, at 327; Krent, supra note 10, at 2153. 128. 1 CROSSKEY, supra note 8, at 328-29; Krent, supra note 10, at 2153. 129. 1 CROSSKEY, supra note 8, at 329; Krent, supra note 10, at 2153. 748 WISCONSIN LAW REVIEW Roger Sherman wrote an open letter during the ratification debates in which they argued that the prohibition of ex post facto laws would prevent the retroactive impairment of contract rights. 130 In South Carolina, state legislators referred to a proposed law that would grant pensions retroactively as ex post facto. 131 Taken together, proponents of the broad interpretation argue, these statements paint a picture of the public understanding of the ex post facto clauses at the time of ratification that includes both civil and criminal laws."' The authors of the Federalist Papers, perhaps the most widely circulated explanation of the Federalists' interpretation of the Constitution, wrote extensively of the import of the Ex Post Facto Clauses and the protections they would afford. Madison wrote that "Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social compact and to every principle of sound legislation. ,133 These clauses stand as a "constitutional bulwark in favor of personal security and private rights" by preventing the worst kinds of abusive legislation.13' In particular, Madison pointed out that these clauses were intended to forestall legislative interferences "in cases affecting personal rights" that "become jobs in the hands of enterprising and influential speculators . "'ss Scholars have argued that the breadth of the defense of these provisions suggests that the Ex Post Facto Clauses were intended to apply both to criminal and civil matters. 136 By referring to "private rights," Madison suggests that these provisions were meant to protect not only the interest of liberty, but of property as well. Similarly, by referring to legislative abuses that affect personal rights and become jobs in the hands of speculators, Madison suggests that the clauses protected property rights.13' In a related vein, Madison's discussion highlights the fact that the Bill of Attainder, Ex Post Facto, and Contract Clauses appear in the same clause of the Constitution.13' The proximity of these clauses reveals the flaw in Randolph's argument, made in the Virginia 130. 1 CROSSKEY, supra note 8, at 329-30. 131. Id. at 327-28. 132. Id. at 330; Krent, supra note 10, at 2153; Rafford, supra note 10, at 287. 133. THE FEDERALIST No. 44, supra note 7, at 287 (James Madison). 134. Id. at 288. 135. Id. 136. 1 CRossKEY, supra note 8, at 329. 137. Rafford, supra note 10, at 287. 138. That is, as applied against the states. U.S. CONST. art. I, § 10, cl. 1. The Contract Clause does not apply against the federal government and so does not appear in Article I, Section 9 of the U.S. Constitution. 2015:727 The Civil Ex Post Facto Clause 749 Constitutional Convention, that the collocation of the Ex Post Facto and Bill of Attainder Clauses suggests criminal application only. To the contrary, the Ex Post Facto Clause is located precisely between the Bill of Attainder Clause, admittedly related to crimes only, and the Contract Clause, which relates to civil matters only. As a result, little relevant to the present interpretative discussion can be gleaned from the proximity of the Bill of Attainder and Ex Post Facto Clauses. 5. POST -RATIFICATION EVIDENCE In the 1790s, state cases from Maryland, Virginia, and New Jersey suggested that the phrase ex post facto included both civil and criminal laws. 139 This trend, however, was halted by Calder, which provides proponents of the broad reading of the Ex Post Facto Clauses with their greatest challenge. As noted above, Chase and Paterson explained that the Ex Post Facto Clause was a term of art that, in the "technical" or "professional" sense, referred to criminal laws only.14o As a result, Justices Chase, Iredell, and Paterson opined that the Connecticut General Court did not run afoul of the Constitution by granting a new trial in a civil case.141 Proponents of the broad reading of the clauses respond that this proposition, although the one for which Calder is most well-known, is mere dictum. Indeed, all of the Justices writing in Calder opined that the General Court's grant of a new trial was not a legislative act at all and, as a result, would not fall within the prohibition of the Ex Post Facto Clauses.1' Only in the alternative did three Justices opine that the General Court's resolution was outside the scope of the Ex Post Facto Clause because it was civil in nature. 143 Therefore, Calder's only binding rule is that when a body sits as a Court of Appeal, like the English House of Lords (or Connecticut's General Court), its resolutions are judicial acts outside the bounds of the clauses' restrictions. 14' 139. 1 CROSSKEY, supra note 8, at 327, 340-41; see also Krent, supra note 10, at 2153. 140. Calder v. Bull, 3 U.S. (3 Dall.) 386, 391, 396 (1798). 141. Id. at 392. 142. Satterlee v. Matthewson, 27 U.S. (2 Pet.) 380, 416 app. at 681-83 (1829) (Johnson, J., concurring). 143. Id. at 416 app. at 685-86 (Johnson, J., concurring). 144. Id. (Johnson, J., concurring). Justice Johnson's concurrence continues by explaining the reasons why the portions of the opinions of Chase, Paterson, and Iredell that suggest that the clauses historically related to crimes only were historically inaccurate. All of these reasons have been explored elsewhere in Part I.B and will not be repeated here. 750 WISCONSIN LAW REVIEW C. Breaking the Deadlock Between Proponents of the Narrow and Broad Interpretations Proponents of both the narrow and broad interpretations of the Ex Post Facto Clauses make forceful arguments, bringing to bear a weight of historical evidence to support their respective conclusions. The use of historical evidence reflects not only the value of this evidence to define an unfamiliar term, but also the high esteem in which scholars and courts hold the opinions of the generation of the framing of the Constitution and the historical context that informed their views. The preceding review of their arguments reveals forceful points on both sides of the debate. Nevertheless, the debate continues. But, reviewing this historical evidence has not been in vain—it allows us to draw three conclusions that enable us to break the deadlock that has developed between proponents of the narrow and broad interpretations. First, both the narrow and broad interpretations rely on strikingly similar historical sources, including British primary sources, notes from the Philadelphia and state conventions, state legislative materials, newspaper articles, and post -ratification history. The two camps agree that these types of sources are relevant to determining the original meaning of Ex Post Facto Clauses. They differ, that is, not in the categories of evidence they consider, but rather in the inferences they draw from this evidence. Second, if we look at the arguments made by these two camps, and the evidence on which they rely, we see that both camps have accepted the assumption that there is a distinction between the "professional" or "technical" meaning of the phrase ex post facto on one hand and, on the other, its general or lay meaning. As summarized below, this distinction was used by the framers of the Constitution and has been used by courts and scholars since the Constitution's ratification. Introducing the distinction between the technical definition and the general definition in the Philadelphia Convention, Dickinson asserted that the phrase ex post facto was a term of art that, according to Blackstone, related to criminal laws only. Likewise, in Virginia's constitutional convention, Randolph insisted that the "technical" definition of the phrase applies to criminal laws only. 145 Mason did not quibble with Randolph's distinction between the technical and lay meaning of the term, but demurred that the layman understood "ex post facto" to be synonymous with "retrospective. ,146 145. Convention of Virginia, in 3 ELLIOT'S DEBATES, supra note 67, at 477, 481. 146. Id. at 479. 2015:727 The Civil Ex Post Facto Clause 751 Judicial opinions considering the scope of the clauses adopt and emphasize this distinction between the lay meaning and the technical or professional meaning of the clauses. In Calder, Justices Chase and Paterson rely on this distinction. Chase noted that his interpretation of the phrase ex post facto rested on the fact that the phrase had a "technical" meaning acquired through use by legal experts.14' So, too, did Paterson explain that the phrase's technical meaning included criminal laws only. Paterson distinguished this technical meaning from the "literal sense" of the word that, to the layperson rather than the lawyer, might denote retroactive laws generally.14' Justice Johnson's later broadside attack on Calder's historical analysis turned also on the distinction between the technical or professional meaning of the clauses and the layman's meaning; he accepted that the technical meaning of the clauses refers to criminal laws only but argued that the technical meaning was not settled before Calder. 149 Calder is, of course, vital to the modern interpretation of the Ex Post Facto Clauses; countless cases rely explicitly on Calder for the proposition that the clauses do not extend to civil laws.15o And these modern cases, adopting Calder's distinction between the professional and lay meanings, emphasize that the phrase ex post facto incorporated "a term of art with an established meaning at the time of the framing of the Constitution.""' Scholars also emphasize this distinction. In his foundational General Principles of Constitutional Law, Thomas Cooley distinguished between the ordinary and technical meanings of the phrase: he wrote that although the phrase ex post facto encompasses "all retrospective laws" in its "natural and ordinary sense," the Constitution's use of the phrase is "more restricted, and is limited exclusively to laws of a criminal nature.""' Professor William Crosskey, whose historical review of the phrase ex post facto set the tone for the modern debate over the Ex Post Facto Clauses,15' concluded that the debate in the 147. Calder v. Bull, 3 U.S. (3 Dall.) 386, 391 (1798). 148. Id. at 396-97. 149. Satterlee, 27 U.S. (2 Pet.) at 416 app. at 682-87 (Johnson, J., concurring). 150. Collins v. Youngblood, 497 U.S. 37, 41 (1990). 151. Id. at 41. 152, THOMAS M. COOLEY, Protections to Persons Accused of Crime, in THE GENERAL PRINCIPLES OF CONSTITUTIONAL LAW IN THE UNITED STATES OF AMERICA 283, 285 (1880). 153. Crosskey's analysis has been subject to a good deal of criticism, and his work continues to be controversial. See, e.g., Abe Krash, The Legacy of William Crosskey, 93 YALE L.J. 959 (1984) (reviewing WILLIAM WINSLOW CROSSKEY & WILLIAM JEFFREY, JR., POLITICS AND THE CONSTITUTION IN THE HISTORY OF THE UNITED STATES, VOLUME III: THE POLITICAL BACKGROUND OF THE FEDERAL CONVENTION (1980)). Nevertheless, the sources he collected, and his more basic 752 WISCONSIN LAW REVIEW Virginia Constitutional Convention ended with the understanding that the general, rather than the professional or technical, meaning had been adopted. 154 Similarly, Professor Oliver Field, on whose early critique of Calder modern scholars still heavily rely, accepted the premise that there was a distinction between the technical and lay meanings of the term, although Field concluded that "the framers of the Constitution did not give evidence of using the term ex post facto in a technical sense. i155 More recently, Professor Caleb Nelson, in the context of arguing that an indeterminate meaning may become "fixed" over time,"' concluded that early interpretations of the Ex Post Facto Clauses "helped establish the legitimacy of reading at least some provisions of the Constitution in a technical rather than lay sense."157 Third, although proponents of the two competing interpretations pour over all manner of historical evidence to determine the original meaning of the phrase, and although this determination appears to turn to a large degree on the distinction between the phrase's professional or technical meaning, as opposed to its lay meaning, no one has yet determined precisely the contours of the "professional" or "technical" meaning of the phrase ex post facto at the time of the framing of the Constitution. That is, although courts, scholars, and indeed some of the framers themselves assumed that the technical or professional meaning of the phrase ex post facto included criminal laws only, there has not yet been an investigation into the way the phrase was used in its technical sense by the professional class of judges and lawyers in America in the decades leading up to the framing of the Constitution. The failure to consider how American judges and lawyers used this phrase during this period is surprising because scholars and jurists have considered both English cases and post -ratification American cases. The failure to consider the use of the phrase ex post facto in American cases before ratification appears, therefore, to be an oversight rather than a conclusions, have been adopted by many legal scholars writing on the subject of the original meaning of the Ex Post Facto Clauses. E.g., Rafford, supra note 10, at 286-87. 154. 1 CROSSKEY, supra note 8, at 336. 155. Field, supra note 10, at 321; see also Ricciardi & Sinclair, supra note 100, at 305; Breck P. McAllister, Ex Post Facto Laws in the Supreme Court of the United States, 15 CALIF. L. REv. 269, 271 (1927). Professor McAllister explained Justice Chase's well-known dictum in Calder, which set out the four categories of laws within the scope of the Ex Post Facto Clauses, by asserting that the phrase ex post facto cannot be understood in its ordinary sense. The term "is a technical one, to be filled by the court with an esoteric meaning." Id. 156. Nelson, supra note 42, at 583. 157. Id. 2015:727 The Civil Ex Post Facto Clause 753 deliberate omission. 158 Indeed, because American judges and lawyers in the years leading up to the framing of the Constitution are the very professionals to whom scholars, jurists, modern cases, and the framers themselves refer, an investigation into their usage of the phrase is in order. Fortunately, records of the use of the phrase ex post facto survive in state and colonial cases decided in the decades leading up to the ratification of the Constitution. Examining these cases, for the first time with an eye toward uncovering the original meaning of the Ex Post Facto Clauses, reveals that the phrase was well known to the legal profession in the years before the framing of the Constitution. Part lI, below, analyzes these cases in order to determine what precisely was the "professional" meaning of the phrase ex post facto; that is, how the phrase was used by the professional class of American judges and lawyers in the years leading up to the framing of the Constitution. After reviewing these cases, I conclude that, contrary to the accepted understanding that drives the modern debate over the Ex Post Facto Clauses, the "professional" meaning of the phrase ex post facto included both civil and criminal laws. II. THE PROFESSIONAL MEANING OF THE EX POST FACTO CLAUSES Examining evidence of the professional meaning of the phrase ex post facto will add to the body of knowledge that is used to determine the original meaning of the Ex Post Facto Clauses. Moreover, because the narrow interpretation rests so heavily on the distinction between the professional meaning and lay meaning of the phrase ex post facto, uncovering the professional meaning allows us finally to resolve the two hundred -year-old dispute over the original meaning of the Ex Post Facto Clauses. What, then, is the "technical" or "professional" meaning of the phrase ex post facto? Put another way, how did American judges and lawyers use the phrase "ex post facto" in the course of their legal work in the decades leading up to the drafting of the Constitution? The answer to this question can be found by examining state and colonial court opinions from the years leading up to the drafting of the Constitution. After examining these cases, I conclude that state court 158. Crosskey suggests that there is a case that used the phrase "ex post facto" in the decade leading up to the framing of the Constitution. However, he neither names the case, quotes the relevant language, describes this case, nor mentions the numerous other cases that use the phrase "ex post facto" described in this paper. See 1 CROSSKEY, supra note 8, at 326-27. Crosskey's reference seems to have been lost on subsequent scholars writing about the original meaning of the Ex Post Facto Clauses, many of whom relied heavily on his work. 754 WISCONSIN LAW REVIEW judges and practitioners used the phrase ex post facto to refer not only to criminal laws, but also to laws enacted in a variety of civil contexts, including laws involving actions on debt, manumission, and property disputes. 1 ' A. Criminal Laws Proponents of both the narrow and broad interpretations of the Ex Post Facto Clauses agree, at the very least, that they apply to retroactive criminal laws. This should come as no surprise; retroactive criminal laws—which punish an individual for conduct that was not yet a crime—have always been regarded with the greatest opprobrium. 160 Recall that Blackstone's example of an abusive ex post facto law, which he regarded as even more unreasonable than Caligula's trap to ensnare the unwary, is a retroactive criminal law. 161 But whatever legislative abuses Blackstone had in mind, they were surely matched, if not exceeded, by the litany of abusive retroactive criminal laws enacted by the newly independent American state legislatures during the period between independence and the ratification of the Constitution. The most well-known of these laws are the countless bills of attainder 162 that 159. A note on methodology: Before the professionalization of case reporting in the late eighteenth century, there were a number of methods by which colonial and early republican court cases were recorded. Some were recorded by private attorneys who kept notes of decisions for their own use and later published them as collections of decisions. Other decisions were published individually in the form of pamphlets. The regularity and comprehensiveness of these reports varied greatly by jurisdiction and many of these early records have been lost. Erwin C. Surrency, Law Reports in the United States, 25 Am. J. LEGAL. HIST. 48, 50-55 (1981). Because of this variation, the list of cases I have been able to locate, which I examine in Part II, most likely does not represent every decision in which the phrase "ex post facto" was used in the years before the framing of the Constitution. Nevertheless, the cases that I have been able to locate span the five decades leading up to the framing of the Constitution and represent the states of Pennsylvania, Connecticut, Maryland, and Virginia. Altogether, I was able to locate ten cases from the relevant time period. I located these cases using electronic searches on HeinOnline, Westlaw, and Lexis. Although I surely would have welcomed the opportunity to locate more cases from this period and from other states, I have a high degree of confidence in the historical conclusions that can be drawn from the cases I did find for three reasons. First, of these ten cases, nine use the phrase "ex post facto" to include civil laws. Second, none of the cases I found from the relevant time period, including the case that uses ex post facto to mean a criminal law, suggest a criminal -only interpretation. Third, none of the cases I found from this time period suggest that the narrow -broad debate even existed. These conclusions, and the support underlying them, are the subject of Part II. 160. See FULLER, supra note 3, at 53. 161. 1 BLACKSTONE, supra note 7, § 2, at 46. 162. Bills of attainder are often, but not always, ex post facto. Ostler, supra note 9, at 416-17. 2015:727 The Civil Ex Post Facto Clause 755 singled out and sentenced to death or banishment suspected Tories16' or other social undesirables'` without judicial process.165 The reckless populism of the newly independent American states, exemplified by these bills of attainder, coexisted uneasily with the same period's patient creation of a new nation steeped in the science of government 166 and the rights of man. 167 Like Dickens's description of England and France, 16' America's confederation period could well be characterized as the "the best of times" and "the worst of times," an "age of wisdom" and an "age of foolishness," the "spring of hope" and "the winter of despair. ,161 It was in these heady days of freedom immediately following independence from Great Britain that the state of Pennsylvania enacted the pair of treason laws at issue in Respublica v. Chapman. 170 As described in Chapman, Pennsylvania declared independence from Great Britain in May 1776. In December 1776, Chapman, a resident of Pennsylvania, emigrated from the newly independent state to fight for England. Sometime after Chapman's departure, Pennsylvania enacted the first of two treason statutes, declaring that any subject of Pennsylvania who joins the army of the enemy is guilty of high treason.171 Chapman was indicted for treason; under a plain reading of this law, the court opined, Chapman would be guilty because he was subject to the laws of the new commonwealth as soon as Pennsylvania declared independence. 172 Chapman's guilt, however, was complicated by the fact that the Pennsylvania Assembly subsequently enacted a 163. An Act for disposing of certain Estates, and banishing certain persons, therein mentioned, No. 1153, 1782 S.C. Stat.; Respublica v. Gordon, 1 U.S. (1 Dall.) 233 (Pa. 1788); CHAFEE, supra note 46, at 97; LEONARD W. LEVY, ORIGINS OF THE BILL OF RIGHTS 71 (1999). 164. An Act to attaint Josiah Philips and others, unless they render themselves to justice within a certain time, ch. XII, 1778 Va. Stat.; W.P. Trent, The Case of Josiah Philips, 1 AM. HIST. REV. 444, 454 (1896). 165. See CHAFES, supra note 46, at 93; GORDON S. WOOD, THE CREATION OF THE AMERICAN REPUBLIC 1776-1787, at 279 (1969). 166. DAVID HUME, That Politics May Be Reduced to a Science, in POLITICAL ESSAYS 4 (Knud Haakonssen ed., Cambridge Univ. Press 1994) (1742). 167. C. Bradley Thompson, On Declaring the Laws and Rights of Nature, in NATURAL RIGHTS INDIVIDUALISM AND PROGRESSIVISM IN AMERICAN POLITICAL PHILOSOPHY 104, 117-20 (Ellen Frankel Paul et al. eds., 2012). 168. CHARLES DICKENS, A TALE OF TWO CITIES 1 (Bantam Dell 2003) (1859). 169. Id. 170. Respublica v. Chapman, 1 U.S. (1 Dall.) 53 (Pa. 1781). 171. Id. at 59. Under this treason law, a person would be declared guilty of high treason if he was designated a traitor by Pennsylvania's Supreme Council and failed to turn himself in in order to stand trial. 172. Id. 756 WISCONSIN LAW REVIEW second treason law."' This second law declared that only current and future inhabitants of Pennsylvania owe allegiance to the commonwealth; therefore, former inhabitants could not be guilty of treason for joining the enemy.1' Chapman's attorney argued that the application of the first treason statute would punish conduct— Chapman's departure to fight for England—that took place before the statute was enacted; therefore, he argued "it is evidently an ex post facto law, and as such, contrary to the words, and spirit of the Constitution. " 175 The court adopted, in part, Chapman's reasoning. Because there were two treason laws, one that was prospective only, which would not cover Chapman, and one that would apply to Chapman if given retroactive effect, the court held that it would err on the "side of mercy" rather than "strict justice"; accordingly, the court applied the second statute and found Chapman not guilty. 171 Despite the outcome, the court did not wholly adopt Chapman's reasoning. Rejecting an absolute bar on ex post facto laws, the court opined: "Generally speaking, ex post facto laws are unjust and improper; but there may certainly be occasions, when they become necessary for the safety and preservation of the Commonwealth.""' As a result, if the legislature was "impressed with the necessity of the case, [it] had incontrovertibly a right to declare any person a traytor, who had [g]one over to the enemy, and still adhered to them. ,171 Chapman represents the paradigmatic use of the phrase ex post facto. Both Chapman's attorney and the court use it in the context of a law that imposes the criminal sentence of treason and the punishment that accompanies this sentence. Other courts used the phrase in a similar sense. The court in Place v. Lyon 19 declared that it is a fundamental principle of jurisprudence that "ex post facto laws, declaring criminal what was not so when the facts were done ... are inoperative; which principle a court of justice is not at liberty to depart 173. Id. at 58-59. 174. Id. 175. Id. at 54. Perhaps the most interesting aspect of this argument is the fact that, at the time it was made, the federal Constitution had not yet been drafted. Moreover, neither the Pennsylvania Constitution of 1776, nor the Articles of Confederation, contained a prohibition on ex post facto laws. This suggests that Chapman's usage of the word "constitution" is in line with the British conception of "constitution" rather than the American conception of a "constitution" as a written document. 176. Id. at 60. 177. Id. at 59. 178. Id. 179. Place v. Lyon, 1 Kirby 404 (Conn. 1788). 2015:727 The Civil Ex Post Facto Clause 757 from ...."180 Together, these cases exemplify the uncontroversial principle that the phrase ex post facto was used in the years before the framing of the Constitution to describe laws that imposed criminal punishment retroactively. B. Debt Disputes The palpable tension between debtors and creditors was felt throughout America in the decades leading up to the framing of the Constitution.18' In order to alleviate poor, often rural, debtors from debilitating financial obligations, colonial and state legislatures enacted all manner of laws that had the effect of diminishing the value of debt held by their creditors. These laws included tender laws, which permitted debtors to repay debts with worthless paper money or other commodities,18' scaling laws, which allowed debtors to repay debt at market rather than face value, 183 and suspension laws, which suspended payment obligations."' These debtor relief statutes led not only to social unrest but also to litigation over the enforceability of these laws.18' In cases considering these debtor relief laws, judges and attorneys routinely described statutes retroactively altering contract rights and remedies as ex post facto laws. 1. TENDER LAWS A number of cases that evaluated the retroactive application of debtor relief laws arose from the paper money problem that followed independence. Once independent from Great Britain, the new states began to issue paper money backed by nothing but their own credit. "' As the war dragged on, inflation nearly wiped out the value of the 180. Id. at 406. 181. Stuart Bruchey, The Impact of Concern for the Security of Property Rights on the Legal System of the Early American Republic, 1980 WIS. L. REv. 1135, 1140. 182. 3 JOSEPH STORY, COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES, §§ 1353-54, at 221-25 (1833); Bruchey, supra note 181, at 1137-38; Krent, supra note 10, at 2153. Tender laws permitted debtors to repay debts in quickly depreciating paper money or worthless commodities. 183. 3 STORY, supra note 182, § 1354, at 223-25. Scaling laws provided that debt could be redeemed at market value, far below the face value of the debt, reducing the real obligation owed by debtors. Ricciardi & Sinclair, supra note 100, at 309. 184. 3 STORY, supra note 182, § 1365, at 236-37. Suspension laws placed moratoria on the repayment obligations, essentially extending the repayment period without penalty for debtors. Cf. Home Bldg. & Loan Assn v. Blaisdell, 290 U.S. 398, 415-16 (1934). 185. E.g., Place v. Lyon, 1 Kirby 404, 406 (Conn. 1788). 186. 3 STORY, supra note 182, §§ 1352-53, at 220-23. 758 WISCONSIN LAW REVIEW paper money. 117 In order to protect their assets, therefore, lenders began to insist that the money they lent be repaid in hard currency, typically Spanish silver. 188 A borrower obligated to repay money in hard currency, while earning his living in quickly depreciating paper money,t8' would be hard-pressed to meet his repayment obligations. In order to ease the burden on debtors, state legislatures enacted tender laws providing that paper money was legal tender for the repayment of debt notwithstanding the contract terms under which the money was borrowed.190 It was in this economic environment that the confederation -era cases of Place v. Lyon191 and Mumford v. Wright'92 were decided. In Place, the defendant contracted to borrow money from the plaintiff. "' The parties stipulated that the defendant would repay the plaintiff in Spanish silver dollars.194 After the contracting parties entered into this agreement, the state of Rhode Island enacted a tender law declaring that all contracts for debt could be discharged with paper money.195 Rhode Island's statute provided that its paper money "shall be a good and lawful tender, for the complete payment and final discharge of all debts now due and contracted, and that may hereafter become due and be contracted.""' The statute also made the attempted repayment in paper money, over the objection of a lender, an affirmative defense to a lender's action on debt against a borrower.197 As permitted by Rhode Island's tender law, the defendant in Place attempted to repay the plaintiff with worthless paper money; the plaintiff refused to accept the paper money offered in lieu of the contracted -for Spanish silver.198 In the action on debt that followed, the court held that the effect of Rhode Island's debtor relief law on the contract at issue was unequivocal: by providing that paper was legal tender for "discharge of all debts now dues199 the law was intended to alter, retroactively, the terms of the contract previously executed between the plaintiff and the 187. Bruchey, supra note 181, at 1137. 188. E.g., Place, 1 Kirby at 404. 189. 3 STORY, supra note 182, § 1353, at 221-23. 190. Bruchey, supra note 181, at 1140. 191. Place, 1 Kirby 404. 192. Mumford v. Wright, 1 Kirby 297 (Conn. 1787). 193. Place, 1 Kirby at 406. 194. Id. 195. Id. at 404-05. 196. Id. at 405. 197. Id. at 405-06. 198. Id. 199. Id. at 405. 2015:727 The Civil Ex Post Facto Clause 759 defendant. By providing that a defendant could plead the attempted payment in paper money as a defense, the tender law created a defense to breach of contract that did not exist at the time the parties made their agreement. The court held that "ex post facto laws, declaring criminal what was not so when the facts were done, or impeaching contracts lawfully made, are inoperative; which principle a court of justice is not at liberty to depart from .... "200 The court concluded that Rhode Island's statute violated this "fundamental principle of jurisprudence" by declaring, after the fact, that a contract for debt made in silver could be discharged in paper. The statute was an ex post facto law and, accordingly, void.201 In Mumford, a nearly identical case, the court was more hesitant to declare the Rhode Island paper money statute void because of its retroactive effect. The court, instead, declined to enforce the statute on the ground that it was intended to protect only Rhode Island residents; because the parties were not Rhode Island residents at the time the defendant attempted to repay the debt in paper, the tender law did not apply to the transaction.202 Although the court did not reach the merits of the case, it did use the phrase ex post facto when describing the tender law at issue. The court held that it did not have to decide "How far an ex post facto law can operate, to impair contracts. "los Both Place and Mumford help define the phrase ex post facto. Although the court in Mumford did not hold explicitly that an ex post facto law is void, it left no doubt that it considered Rhode Island's statute, which retroactively altered contract rights and remedies, an ex post facto law. Place not only explicitly held that Rhode Island's statute was an ex post facto law, but also invalidated the statute because of its ex post facto effect. Together they describe a definition of the phrase ex post facto that includes statutes that retroactively alter contract rights and remedies. 2. INTEREST RATE LAWS In addition to tender laws, the colonies and early state legislatures enacted statutes fixing interest rates. In Anderson v. Winston 2" the defendant borrowed money from the plaintiff with an obligation to 200. Id. at 406. 201. Id. This case provides additional, and as yet unexplored, evidence of a pre -Marbury court refusing to enforce the clear will of the legislature. Cf. William Michael Treanor, Judicial Review Before Marbury, 58 STAN. L. REv. 455, 497 (2005). 202. Mumford v. Wright, 1 Kirby 297, 297-98 (Conn. 1787). 203. Id. at 298. 204. Anderson v. Winston, 2 Va. Colonial Dec. B201 (1735). 760 WISCONSIN LAW REVIEW repay the debt at an interest rate of fifteen percent.205 Soon afterwards, the colonial legislature enacted a usury law that voided any contract for debt with an interest rate above six percent.206 The court found that the plain language of the usury law could be read either prospectively or retrospectively. That is, the usury statute could be read retroactively to prevent repayment of debt above six percent even for contracts entered into before the usury law came into force; alternatively, it could be read only to prevent the repayment of debt above a rate of six percent for debt contracts made after the usury law was passed. In order to avoid the consequences of the retroactive application of the law, the court held that the statute applied only in futuro.20' Central to the court's decision was its opinion that the alternative, retroactive interpretation of the usury statute would render it void as an ex post facto law.20' Invoking the law of nature, the court noted that it is against "natural Justice to punish any Man for an Action innocent in itself with respect to human Laws ... made ex post facto Which kind of Laws have been always condemned as unjust .... s209 Put otherwise, the court read the usury law to have future effect only in order to avoid having to consider it an inoperative ex post facto law. In Kissam v. Burrall,21' the court confronted a similar issue as the Anderson court: specifically, whether a change in the manner of calculating interest applies to a debt when repayment is already in progress. Sometime before 1784, the defendant borrowed money from the plaintiff with an obligation to repay the debt at an interest rate set by the court.21 In 1784, the court changed the way that it calculated interest on outstanding debts. Sometime after the 1784 change, the defendant ceased making payments, arguing that he had discharged his obligation to the plaintiff using the pre -1784 interest calculation method. The plaintiff, by contrast, argued that the post -1784 interest calculation was the appropriate one.Z'Z The defendant's attorney argued that the parties contracted with the understanding that the pre -1784 interest calculation would be used. If the court were to "subject them to a subsequent rule, ... [it] would make their contract different from the original intention of the contracting parties. By the law, as it then stood 205. Id. at B203-04. 206. Id. at B204. 207. Id. 208. Id. at B204. 209. Id. 210. Kissam v. Burrall, 1 Kirby 326 (Conn. 1787). 211. Id. at 328-29. 212. Id. 2015:727 The Civil Ex Post Facto Clause 761 [i.e., before 1784], the contract was fully performed; but by an ex post facto law, it is again opened, and left unfulfilled. ,213 In other words, the defendant's attorney argued that the alteration in the method of calculating interest is an ex post facto law as applied to a contract formed before the alteration because the interest rate is a basic condition underlying the parties' agreement. The court held that the defendant already had discharged his obligation toward the plaintiff, implicitly adopting the defendant's argument that the plaintiff's interpretation of the interest rate calculation would have an impermissible ex post facto effect. Both the Anderson and Kissam courts avoided squarely deciding whether a law retroactively affecting interest rate calculations was void. Nevertheless, by using the phrase ex post facto to describe retroactive laws altering interest rate repayment obligations, these cases help to confirm that the phrase includes retroactive laws that affect repayment obligations. 3. SPECIAL EXEMPTIONS FROM GENERALLY APPLICABLE LAWS During the confederation period, states passed all manner of special laws that exempted named individuals from generally applicable laws. Many of these special laws provided retrospective benefits, like immunity from civil liability, or imposed retrospective burdens, like the confiscation of property.21' In the case of Mortimer v. Caldwell,"' the defendants were two brothers, George and Charles Caldwell, who had been partners of a recently bankrupt business. After the bankruptcy, George, but not Charles, procured from the state legislature a special law that exempted him from liability for his inability to pay his debts. Mortimer, a creditor of the bankrupt business, sued the Caldwell brothers to recover money owed by the defunct partnership.21' The court held that George was immune from suit because of the special law protecting him. By contrast, the court held that Mortimer's suit could proceed against Charles, who was not protected by any special -benefit law.2' The dissent opined that the suit against George should proceed despite the special law because, as an ex post facto law, it was unjust. With reasoning reminiscent of Kissam, the dissent explained that the special law was ex post facto because, at the time of the agreement between the Caldwells and Mortimer, the parties expected that George 213. Id. at 333. 214. See Zoldan, supra note 5, at 632-40. 215. Mortimer v. Caldwell, 1 Kirby 53 (Conn. 1786). 216. Id. at 57 (Dyer, J. dissenting). 217. Id. at 55-56. 762 WISCONSIN LAW REVIEW would be responsible for liabilities of the partnership .218 By retroactively altering an assumption underlying the agreement between Mortimer and the Caldwells, the special law, would "operate to destroy or render void the original contract. "219 It would be "unjust, and not consonant to reason or equity ,220 for the court to give effect to this ex post facto law.121 Mortimer, unlike Place and Anderson, does not hold that a law with retroactive effect is necessarily void. And unlike Kissam and Mumford, the court in Mortimer was not able to avoid the retroactivity issue by reading the statute to have in futuro effect only. Indeed, faced squarely with the issue of the retroactive application of a debtor relief law, the majority permitted the law despite its retroactive effect. Nevertheless, Mortimer provides confirmation of the definition, described in Place, Anderson, Kissam, and Mumford, that a law that provides immunity from already existing debts is considered an ex post facto law. Although these cases do not consistently hold that laws are invalid or unenforceable simply because they are ex post facto, there is little doubt that, when read together, they describe a consistent definition of the phrase ex post facto that includes retroactive alterations of contract rights and remedies. C. Manumission Cases Before the framing of the Constitution, American judges and lawyers used the phrase ex post facto to describe statutes that, when applied retroactively, resulted in the manumission of enslaved individuals.222 Early colonial statutes provided that a child born of the union between an enslaved person and a free person would be enslaved.223 Although these statutes were intended to discourage free people from marrying enslaved people,zza slave owners frustrated the 218. Id. at 56-57 (Dyer, J., dissenting). 219. Id. at 56 (Dyer, J., dissenting). 220. Id. at 59 (Dyer, J., dissenting). 221. Id. at 56 (Dyer, J., dissenting). 222. See, e.g., Butler v. Craig, 2 H. & McH. 214, 221 (Md. 1787); Butler v. Boorman, 1 H. & McH. 371, 375, 382 (Md. 1770). 223. Boarman, 1 H. & McH. at 371; Jason A. Gillmer, Suing for Freedom: Interracial Sex, Slave Law, and Racial Identity in the Post -Revolutionary and Antebellum South, 82 N.C. L. REv. 535, 577 (2004); see William M. Wiecek, The Origins of the Law of Slavery in British North America, 17 CAxDozo L. REv. 1711, 1756 (1996) (noting that in some colonies, the condition of slavery followed the father, in others it followed the mother, and in still others descendants of slaves, regardless of gender, were slaves). 224. Craig, 2 H. & McH. at 221; Wiecek, supra note 223, at 1762 (quoting the Maryland statute that provided "`divers freeborne English women forgettfull of 2015:727 The Civil Ex Post Facto Clause 763 purpose of these statutes by encouraging the disfavored unions in order to claim the offspring as their property.21 In order to combat this problem, colonial legislatures subsequently repealed the enslavement statutes, prohibited the unions, and freed people who were held in violation of the new restrictions. Such was the background of Butler v. Boarman.226 In Boarman, the court considered a 1663 Maryland statute that declared the child of the union between an enslaved man and a white woman to be a slave. The legislature repealed the 1663 act in 1681. The petitioners, the Butlers, were the enslaved children of the union between a slave and an indentured servant. The Butlers' parents were married after the 1663 act was passed; however, the Butlers were not born until after the 1681 law repealed the 1663 act .22' As a result, the court had to determine whether the 1681 statute had retroactive effect. If the 1681 law did have retroactive effect, it would vitiate the effect of the 1663 act altogether and the Butlers would be free; if it applied only prospectively, the Butlers would remain enslaved.zzs The attorney for Boarman, the respondent slaveholder, argued against the retroactive application of the 1681 law. Specifically, Boarman's attorney argued that "Laws ought to have a commencement in Futuro, and ought not to have an ex post facto exposition given to them. "229 The court agreed, reasoning that the legislature intended the 1681 statute to repeal the 1663 law only prospectively. As a result, the 1681 law repealed only the effect of the 1663 statute going forward; by contrast, marriages entered into between 1663 and 1681 were still governed by the 1663 statute. The Butlers, as children of a pre -1681 union between a slave and servant, were still slaves. The court rested its decision on the potential retroactive effect of the 1681 law. The court reasoned that if the repealing law "is to have such a construction as will manumit the issue who were made slaves by the act of 1663, the consequence will be, that it will have the effects of an ex post facto law. ,230 Although the court refused to read the statute to have retroactive effect, it stopped short of adopting Boarman's argument that a law may never operate ex post facto. Instead, the court held, "Ex post facto acts their free Condicion' who marry slaves `to the disgrace of our Nation' were to serve their husband's master for the rest of their lives, and their children were to be `slaves as their fathers were"'). 225. Craig, 2 H. & McH. at 217; Gillmer, supra note 223, at 577. 226. Boarman, 1 H. & McH. at 371-73. 227. Id. 228. Id. at 374. 229. Id. at 375. 230. Id. at 382. 764 WISCONSIN LAW REVIEW are to be construed as much as possible in favour of precedent rights.""' However, despite its discomfort with retroactive laws, the court left open the possibility that the legislature would be permitted to do so under limited circumstances. The court noted that a "law which has an ex post facto effect ought to be very clear and explicit in the terms of it, otherwise the Court will not give it such a construction as will defeat rights formerly acquired and well settled. ,112 A generation later, Butler v. Craig233 revisited the situation of Mary Butler, one of the petitioners in Boarman, who again sued for her freedom. This time the respondent, Craig, was a subsequent purchaser of Mary Butler. Unlike in Boarman, the trial court in Craig held that Butler could not be held as a slave. The court reasoned that her slavery was predicated on the "conviction" of her ancestor, Irish Nell, of having unlawfully married a slave. Because there was no record of Irish Nell's conviction of the predicate offense, the court held that it could not conclude that the marriage actually took place.234 The attorney for the slaveholder argued, as in Boarman, that reading the statute to free Butler would be an impermissible ex post facto application of the manumission law."' Specifically, he argued that it would be unjust for the legislature "to have made an ex post facto law, which might have affected innocent purchasers. ,236 The court of appeals rejected the petition and upheld the trial court's decision to free Butler. The Boarman and Craig courts came to different substantive conclusions about the effect of a statute that repeals a previous statute. Either decision—or both—may reflect the sensitive nature of the "peculiar institutioni237 of slavery rather than a run-of-the-mill exercise in statutory interpretation; 138 nevertheless, we can learn much about our present inquiry, into the professional meaning of the phrase ex post facto, from these decisions. The court in Boarman, and attorneys in both cases, used the phrase ex post facto when describing the retroactive application of a law freeing enslaved individuals.23e Although the Boarman court left open the possibility that ex post facto 231. Id. at 383. 232. Id. at 382. 233. Butler v. Craig, 2 H. & McH. 214 (Md. 1787). 234. Id. at 215-16. 235. Id. at 221. 236. Id. 237. John C. Calhoun, On the Reception of Abolition Petitions, Address Before the United States Senate (Feb. 6, 1837), in 3 ROBERT C. BYRD, THE SENATE 1789-1989, at 171, 175 (Wendy Wolff ed., 1994). 238. Gillmer, supra note 223, at 565-66. 239. Craig, 2 H. & McH. at 221; Butler v. Boarman, 1 H. & McH. 371, 375, 382 (Md. 1770). 2015:727 The Civil Ex Post Facto Clause 765 laws would be permissible at times, these cases support the conclusion that the phrase ex post facto encompasses statutes that alter the legal status of slaves retroactively. Although it seems odd today to characterize a statute dealing with slavery as either civil or criminal, in the context of a slave -owning society, such a statute was considered civil in nature. State statutes permitted enslaved individuals to bring private suits for freedom against slaveholders.24° These suits sounded in tort,241 were conducted between private parties, and did not include the state as a litigant.zaz In both Boarman and Craig, for example, the petitions for freedom were brought by the enslaved individuals, the Butlers, against the slave owners .2" As a result, the use of the phrase ex post facto in Boarman and Craig, like in the debt relief cases, is evidence that the phrase was used to refer to civil laws with retroactive effect. D. Property Disputes Judges and lawyers in the colonial and early republican period used the phrase ex post facto not only in cases involving the politically sensitive issues of slavery and debt relief, but also in more routine cases involving real property. In Helms's Lessee v. Howard, 244 the court used the phrase in the context of a retroactive law that affected property rights conveyed by deed. In 1699, the state legislature set a rebuttable presumption for measuring property conveyed in a deed. The particular problem addressed in Helms's Lessee arises when a deed conveys property that rums a certain distance alongside a flowing body of water: for example, suppose that a deed reads "A conveys to B the portion of Blackacre that lies west of the Huron River, beginning at the northern border of Blackacre and running south along the River for two miles." Without more specificity, the deed is ambiguous as to whether the two miles should be measured in a straight line from the border of Blackacre or along the curved contours of the river. Of course, a measurement running along the curve of the river would convey less land than a measurement running in a straight line next to the curved river. In order to minimize disputes arising from this ambiguity, the 240. A. Leon Higginbotham, Jr. & F. Michael Higginbotham, "Yearning to Breathe Free": Legal Barriers Against and Options in Favor of Liberty in Antebellum Virginia, 68 N.Y.U. L. REv. 1213, 1234-35 (1993). 241. Gillmer, supra note 223, at 567-68. 242. Higginbotham & Higginbotham, supra note 240, at 1235 ("The Freedom Suit Act required a petitioner to present himself at the county court or to a magistrate, who would then summon the apparent owner to answer the complaint."). 243. Craig, 2 H. & McH. at 215; Boarman, 1 H. & McH. at 371, 374. 244. Helms's Lessee v. Howard, 2 H. & McH. 57 (Md. 1784). 766 WISCONSIN LAW REVIEW 1699 law provided that, unless the grantor made his intention to do so otherwise clear, the court must presume that a length given in the deed is measured in a straight line rather than curved to follow the contours of a flowing body of water."' In 1704, the statutory presumption was repealed and the 1699 Act setting the straight-line presumption was declared "null and void. "146 Surely reflecting concern over the potential retroactive effect of the law, the 1704 Act provided a "savings clause" providing that, despite the repeal of the 1699 Act, any rights acquired under it were preserved. 247 The plaintiff in Helms's Lessee claimed title to property that was acquired under the 1699 Act and argued that, despite the repeal of the act, the 1704 Act's savings clause ensured that the new law did not operate retroactively to defeat his previously acquired rights.248 The court held that, normally, the savings clause of the 1704 Act would have the effect advanced by the plaintiff, that is, to ensure only prospective application of the new law and preserve the rights acquired under the previous act." Nevertheless, the court held, an interpretation giving any effect to the 1699 Act would defeat the portion of the 1704 Act that declared the previous act "null and void.""' Rejecting the plaintiff's argument that the 1704 Act's savings clause permitted rights acquired under the 1699 Act to stand, the court asked, rhetorically, "What right had the legislature to make ex post facto rules to take [the plaintiff's] land from him? How could the legislature pass an act for perpetuating bounds, if they had any idea the act of 1699 was in force?"25' The court answered: because the legislature did not merely repeal the 1699 Act, but also declared it "null and void," the legislature intended to give ex post facto effect to the 1704 Act. 21' In Timson v. Scarburg,"' the court considered whether a matter occurring after the execution of a will retroactively validates the will if it was void at the time of its creation. The testator possessed a fee tail that he devised to someone other than his son, who was alive at the 245. Id. at 92. Specifically, the statute provided that "[i]f a certain number of perches be prescribed to run by a creek, river or branch side, and no ... certain course expressed, the number of perches shall not be spent away by the several windings of the river, creek or cove, but brought to a straight line of that length." Id. (quoting An Act ascertaining the Bounds of Land, ch. XVIII, 1699 Md. Laws). 246. Id. at 98. 247. Id. at 93. 248. Id. at 91-92. 249. Id. at 99. 250. Id. at 98-99. 251. Id. at 96. 252. Id. at 98-99. 253. Timson v. Scarburg, 2 Va. Colonial Dec. B140 (1741). 2015:727 The Civil Ex Post Facto Clause 767 time the testator died. By statute, the testator was not permitted to devise property he possessed in fee tail to someone other than his son; as a result, his devise would have been void had his son survived him. However, by the time the testator's will was probated, his son had died, raising the question whether the subsequent death of his son could retroactively validate his will, which was void at the time of its creation. The court reasoned that a "Devise void in its creation cannot be made good by matter ex post facto. ""' In Helms's Lessee and Timson the courts used the phrase ex post facto to describe whether the effect of events taking place after property rights are fixed can be altered retroactively. In Helms's Lessee, the court held that a statute could retroactively diminish previously acquired property rights if the legislature made clear its intention to do so. 255 In Timson, the court held that an event after the fact could not alter the effect of previously fixed property rights .256 Although they address retroactivity in different contexts, they use the phrase ex post facto in a similar fashion; in both cases, the phrase ex post facto is used to describe the effect of a subsequent event on previously fixed property rights. Timson and Helms's Lessee are instructive as to the meaning of the phrase ex post facto for another reason as well. Unlike cases involving manumission of slaves or cases involving the emergency situation created by the economic dislocations of the confederation period, Timson and Helms's Lessee involve ordinary property disputes. As a result, these cases confirm that the use of the phrase ex post facto in the context of retroactive interferences with property rights is not limited to the perhaps sui generis situations of slavery or confederation -era debtor relief. Read together, all of the cases discussed in Part II describe a coherent definition of ex post facto that includes not only criminal laws,25' but also a wide variety of civil laws, including laws that retroactively alter contract rights and remedies,2" manumit slaves,"' and affect previously fixed property rights.260 254. Id. at B147. 255. Helms's Lessee v. Howard, 2 H. & McH. 57, 98-99 (Md. 1784). 256. Timson, 2 Va. Colonial Dec. at B146-47. 257. Respublica v. Chapman, 1 U.S. (1 Dall.) 53, 59 (Pa. 1781). 258. Place v. Lyon, 1 Kirby 404, 406 (Conn. 1788); Kissam v. Burrall, 1 Kirby 326, 328-39 (Conn. 1787); Mumford v. Wright, 1 Kirby 297, 298 (Conn. 1787); Mortimer v. Caldwell, 1 Kirby 53, 53-54 (Conn. 1786); Anderson v. Winston, 2 Va. Colonial Dec. B201, B202 (1735). 259. Butler v. Craig, 2 H. & McH. 214, 216-17 (Md. 1787); Butler v. Boarman, 1 H. & McH. 371, 371-72 (Md. 1770). 260. Helms's Lessee, 2 H. & McH. at 99-100. Timson, 2 Va. Colonial Dec. at B146-47. 768 WISCONSIN LAW REVIEW E. The Original Meaning of the Ex Post Facto Clauses When a long-standing historical dispute turns on inferences drawn from well-known evidence, the discovery of a new body of evidence presents scholars with a unique opportunity to reframe the debate. Such is the case here. The evidence traditionally used to support both the broad and narrow interpretations of the Ex Post Facto Clauses is essentially the same. Scholars and courts advocating both readings rely on British primary sources, notes from the Philadelphia and state constitutional conventions, state legislative materials, newspaper articles, and post -ratification history. Using these sources, proponents of the broad interpretation infer that the original meaning of the clauses encompassed both criminal and civil retroactive laws. Relying on, essentially, these same sources, proponents of the narrow interpretation infer that the original meaning of the clauses included only retroactive criminal laws. Because no one, however, previously has analyzed the debate in light of the professional meaning of the phrase ex post facto, the body of evidence relied on by proponents of both readings is incomplete. The above-described cases, which used the phrase ex post facto in the decades leading up to ratification of the Constitution, help to complete the picture; and the analysis of these cases offers insight into the ongoing debate over the original meaning of the Ex Post Facto Clauses. An analysis of this new evidence leads to a number of historical conclusions: there was a professional or technical meaning of the phrase ex post facto; this phrase referred both to civil and criminal laws; and the original meaning of the Ex Post Facto Clauses included both civil and criminal retroactive laws. First, the phrase ex post facto had a professional or technical meaning. As reflected in colonial and state cases, this phrase was used by the professional class of American judges and lawyers in the course of their work. This phrase was used for decades leading up to the framing of the Constitution. It was used in a consistent manner by these professionals throughout the colonies and, later, the newly independent states. Second, the technical or professional meaning of the phrase ex post facto referred both to civil and criminal laws. It was, not surprisingly, used to describe retroactive criminal laws .261 But more interestingly, it also was used to refer to statutes that retroactively modified contract rights,262 statutes that freed enslaved individuals,261 261. Chapman, 1 U.S. (1 Dall.) at 59. 262. Place, 1 Kirby at 406; Kissam, 1 Kirby at 328-29; Mumford, 1 Kirby at 298; Mortimer, 1 Kirby at 53-54; Anderson, 2 Va. Colonial Dec. at B202. 263. Craig, 2 H. & McH. at 216-17; Boarman, 1 H. & McH. at 371-72. 2015:727 The Civil Ex Post Facto Clause 769 and events that altered previously fixed property rights.21 In light of these cases, it is safe to conclude that the professional meaning of the phrase ex post facto included, at the very least, retroactive laws that touch on these substantive subject matters. Moreover, these cases strongly suggest that the phrase ex post facto extended beyond particular substantive subject matters to include the broader category of all civil laws. The cases that describe the professional meaning of the phrase ex post facto concerned a wide variety of common law subject matters, like contracts, torts, and property.215 Moreover, none of these cases suggested any logical or practical limitation on the use of the phrase ex post facto to these specific civil subject matters. As a result, the best reading of these cases suggests that the professional meaning of the phrase ex post facto included, along with criminal laws, all retroactive civil laws, irrespective of substantive subject matter. Third, the discovery of the professional meaning of the phrase ex post facto provides crucial evidence that helps us resolve the ongoing debate over the original meaning of the Ex Post Facto Clauses. The fact that the professional meaning of the phrase ex post facto included civil as well as criminal laws weighs in favor of the broad interpretation of the Ex Post Facto Clauses. When added to the evidence that already exists supporting the broad interpretation of the Ex Post Facto Clauses, including evidence from British sources, constitutional debates, and public documents, evidence of the professional meaning tips the scales of the debate in favor of the broad interpretation. Importantly, however, evidence of the professional meaning of the phrase ex post facto does more than simply add to a debate that already is overflowing with historical support. Rather, because courts and scholars rely so heavily on the distinction between the professional and lay meanings of the phrase ex post facto, evidence of its professional meaning helps resolve, once and for all, the debate over the original meaning of the Ex Post Facto Clauses. As noted, from its earliest introduction, the distinction between the professional meaning and the general meaning of the phrase ex post facto has provided proponents of the narrow interpretation with their strongest arguments. Dickinson asked his colleagues in Philadelphia to defer to the technical meaning of the phrase as (he believed) it was used by Blackstone. Randolph asked his colleagues in Virginia to defer to the technical meaning as well, asserting that the phrase "ex post facto," if taken "technically," relates 264. Helms's Lessee, 2 H. & McH. at 99-100; Timson, 2 Va. Colonial Dec. at B146-47. 265. E.g., Place, 1 Kirby at 406. 770 WISCONSIN LAW REVIEW "solely to criminal cases."" Scholars have long taken these assertions as accurate, concluding that the distinction drawn by Dickinson and Randolph was generally accepted.267 Calder, too, rests on the assumption that there is a distinction between the professional, or technical, and literal meaning of the phrase; and Justices Chase and Paterson defer to their understanding of the technical meaning in their interpretation of the Ex Post Facto Clauses. And of course, subsequent cases, including modem Ex Post Facto Clause cases, defer to Calder's conclusions about the historical meaning of the Ex Post Facto Clauses. Because the professional meaning of the phrase ex post facto actually encompassed both criminal and civil laws, the claims made by Dickinson, Randolph, and Justices Chase and Paterson, whether intentional or not, were false. Proponents of the narrow interpretation, including modern scholars and even the Supreme Court, rest their arguments on the historical assertions made by Dickinson, Randolph, and the Calder opinions. As a result, these courts and scholars have built their interpretations on infirm ground. The conclusion that the original meaning of the term ex post facto referred both to criminal and civil laws, therefore, does not merely provide additional support for the broad interpretation; it undermines the major premise supporting the narrow interpretation. Without this support, there is little to recommend the narrow view of the original meaning of the Ex Post Facto Clauses. In conclusion, the discovery of the professional meaning of the phrase ex post facto strongly suggests 266. Convention of Virginia in 3 ELLIOT's DEBATES, supra note 67, at 477, 481. 267. See supra Part I.C. Interestingly, neither scholars nor jurists trying to divine the original meaning of the Ex Post Facto Clauses have suggested an interpretation that includes both criminal laws and laws that impair contractual obligations. This is odd because a simple reading of the historical evidence supporting the broad interpretation, including most prominently the notes from the constitutional conventions, suggests that the retrospective civil matters on the minds of the framers were those relating to debt obligations. Indeed, as noted above, the social and economic dislocations of the confederation period were driven largely by the quickly depreciating paper money issued by the states and the Continental Congress. It is no surprise, therefore, that the debate over retroactivity contemporaneous with the framing of the Constitution was focused on its potential effect on debt obligations. From this evidence, it would be fair to conclude that the original meaning of the Ex Post Facto Clauses, even in its broadest sense, included only criminal laws and laws impairing obligations of contract. Curiously, this argument has not been advanced. In any event, the professional meaning of the Ex Post Facto Clauses, as described by the cases that define it, dispel that possibility. By referring to retroactive laws related to matters sounding in tort and property as well as contract, the cases defining the phrase ex post facto confirm that the professional meaning of the phrase is not limited solely to criminal and contract matters, but rather includes civil law generally. 2015:727 The Civil Ex Post Facto Clause 771 that the narrow interpretation of the original meaning of the Ex Post Facto Clauses, as a historical matter, is incorrect. III. BEYOND THE ORIGINAL MEANING OF THE EX POST FACTO CLAUSES The historical information analyzed in Part II helps resolve a weighty, ongoing dispute over the original meaning of the Ex Post Facto Clauses. But, although uncovering the professional meaning of the phrase ex post facto answers one question, it raises other, trickier questions about what to do with this information. Most immediately, it forces us to confront the question of the relationship between history and interpretation. Should the Court give any weight to historical evidence? If so, how much weight? The extent to which courts and scholars should accord interpretive significance to historical information is hotly contested. Originalists268 who would discount or dismiss precedent in light of contrary historical evidence are likely to take this historical information very seriously. To the extent that they regard the original meaning of the Ex Post Facto Clauses as dispositive of their proper interpretation, they would likely conclude that Calder was wrongly decided and argue that it should be overruled."' However, even non-originalist courts and scholars, who do not consider historical information dispositive, would likely consider the original meaning of the Ex Post Facto Clauses relevant to defining their scope. Indeed, even among non-originalist scholars, historical meaning always has been one of the traditional tools of interpreting the Constitution. Historical meaning is one of the modalities of constitutional argument identified and described by Philip Bobbitt;270 and it continues to be used routinely 268. Although there are a number of branches of originalism, I refer to them collectively despite their differences because they share the aim of treating "the discoverable meaning of the Constitution at the time of its ... adoption as authoritative for purposes of constitutional interpretation." Keith Whittington, The New Originalism, 2 GEO. J. L. & PUB. POL'v 599, 599 (2004). The historical evidence presented in Part II should be relevant to originalists who focus on original meaning, original understanding, and original intent. 269. See, e.g., Natelson, supra note 9, at 493-94. Modern versions of originalism acknowledge a role for precedent even if it is non-originalist. JOHN O. MCGINNIS & MICHAEL B. RAPPAPORT, ORIGINALISM AND THE GOOD CONSTITUTION 177-78 (2013); Kurt T. Lash, Originalism, Popular Sovereignty, and Reverse Stare Decisis, 93 VA. L. REv. 1437, 1441-42 (2007). 270. BOBBITT, supra note 21, at 12-13. 772 WISCONSIN LAW REVIEW both by scholars27 and judges, including justices of the Supreme Court .272 Even if one accepts, as most scholars and courts do, the relevance to interpretation of historical conclusions, there remains the question of the weight that should be accorded to history. Most interpreters, including even some modern originalists,273 will weigh historical conclusions against ahistorical considerations, like precedent, constitutional structure, and normative considerations. These ahistorical considerations often suggest different interpretations than does strictly adhering to the original meaning of the Constitution. For example, Calder's narrow interpretation has been well-established for over two centuries; an interpretation based on newly considered historical evidence would unsettle settled expectations and cast countless regulatory regimes into doubt.274 Moreover, the broad interpretation of the Ex Post Facto Clauses creates some new interpretative problems. The narrow interpretation of the Ex Post Facto Clauses is often justified as necessary to make room for other clauses of the Constitution, the coverage of which would overlap with the broad interpretation of the Ex Post Facto Clauses.275 Finally, an expanded reading of the Ex Post Facto Clauses would prevent legislatures from enacting some socially desirable laws.216 When the Court considers whether to overrule Calder, it will weigh considerations about precedent, constitutional structure, and normative outcomes against evidence about the Ex Post Facto Clauses' historical meaning. Although the scope of this paper precludes finally resolving whether Calder should be overruled, this Part will frame the questions that the Court should consider. Moreover, it will offer some preliminary answers to these questions, informed by the newly 271. Aiken, supra note 10, at 325 n. 12; Cloud, supra note 21, at 49; Cohen, supra note 21, at 1017-20. 272. E.g., NLRB v. Canning, 134 S. Ct. 2550, 2559 (2014). 273. MCGINNIS & RAPPAPORT, supra note 269, at 177-78; Lash, supra note 269, at 1441-42. 274. See Burnet v. Coronado Oil & Gas Co., 285 U.S. 393, 406 (1932) (Brandeis, J., dissenting) ("Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right."); Randy J. Kozel, Precedent and Reliance, 62 EmORY L.J. 1459, 1463-66 (2013). 275. Kmiec & McGinnis, supra note 9, at 531 n.29. 276. Bernard W. Bell, In Defense of Retroactive Laws, 78 TEx. L. REv. 235, 248 (1999) (reviewing DANIEL E. TROY, RETROACTIVE LEGISLATION (1998)); see also United States v. Carlton, 512 U.S. 26, 32 (1994) (upholding a tax law with retroactive effect because "Congress acted to correct what it reasonably viewed as a mistake in the original 1986 provision that would have created a significant and unanticipated revenue loss"). 2015:727 The Civil Ex Post Facto Clause 773 discovered evidence of the professional meaning of the Ex Post Facto Clauses described in Part II. First, the Court should consider whether Calder's narrow interpretation should be retained, despite the original meaning of the Ex Post Facto Clauses, because of Calder's antiquity. The professional meaning of the Ex Post Facto Clauses suggests that Calder's claim to precedential value is weak because it is based on a faulty premise. Second, the Court should consider whether the broad or narrow interpretation of the Ex Post Facto Clauses fits better with the structure of the rest of the Constitution. The professional meaning suggests that any ambiguity in the structure of the Constitution should be resolved in favor of the broad interpretation of the Ex Post Facto Clauses. Third, the Court should consider whether the broad or narrow interpretation leads to normatively attractive results. The professional meaning of the Ex Post Facto Clauses suggests some ways in which the broad interpretation can advance normatively attractive results. A. Does Calder's Antiquity Suggest the Retention of the Narrow Interpretation? Calder's narrow interpretation has endured for more than two hundred years. Indeed, there are few precedents as well established as Calder, which courts continue to cite as the lead case in its modern Ex Post Facto opinions.27 There are, of course, good reasons to continue to enforce such a long-standing rule. Pragmatically, long-standing constitutional precedents create certainty both for individuals and government agencies.278 Consistency over time, moreover, contributes to the public's perception of the integrity of the legal process.279 Indeed, the very thing that separates "law" from a patternless set of orders is the consistent application of legal principles over time.280 Precedent supplies consistency that could not be achieved by de novo application of legal rules in close cases. Finally, numerous well-settled statutory schemes, including civil commitment programs and environmental laws, are predicated on the legality of civil retroactivity. All of these considerations suggest that Calder's narrow interpretation of the Ex 277. The Supreme Court recently reiterated Calder's basic categories of laws that run afoul of the Ex Post Facto Clauses. Peugh v. United States, 133 S. Ct. 2072, 2077-78 (2013). 278. Daniel A. Farber, The Rule of Law and the Law of Precedents, 90 MINN. L. REV. 1173, 1180 (2006); Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833, 854 (1992). 279. Casey, 505 U.S. at 865-66; Randy J. Kozel, Stare Decisis as Judicial Doctrine, 67 WASH. & LEE L. REV. 411, 412-13 (2010). 280. FULLER, supra note 3, at 46-48; Casey, 505 U.S. at 854. 774 WISCONSIN LAW REVIEW Post Facto Clauses should be retained notwithstanding their historical meaning. On the other hand, the Court has recognized circumstances that warrant departing from precedent. The Court considers itself less bound to follow precedent when the prior case becomes unworkable or anachronistic, departing from the rule will not cause instability or frustrate reliance interests, and, finally, when the prior opinion's "premises of fact have so far changed ... as to render its central holding somehow irrelevant or unjustifiable.""' It is this last basis for reconsidering precedent, a discovery that the prior opinion rested on "false factual assumptions, "282 that is implicated by the newly discovered professional meaning of the Ex Post Facto Clauses. As the Court elaborated, when the predicate facts underlying a constitutional decision are "proven to be untrue," the "demonstration of their untruth not only jusitifie[s] but require[s]" a new constitutional rule.283 Calder's holding is based on the false factual premise that the professional meaning of the phrase ex post facto pertained to criminal laws only. As noted above, Justices Chase and Paterson interpreted the Ex Post Facto Clauses to include criminal statutes alone because they believed, erroneously, that they were interpreting the clauses in accordance with their professional or technical meaning.zsa Chase argued that the phrase was a term of art with a "technical" meaning, acquired through use by legal professionals,zss that signified criminal laws only. Paterson noted that the "words, ex post facto, when applied to a law, have a technical meaning"—the narrow definition—that differs from the "literal sense" of the phrase.186 Paterson even lamented that he personally had an "ardent desire" to extend the Constitution's protections to civil laws but, alas, he could not persuade his more technically minded colleagues.zs, Of course, both Chase and Paterson were incorrect: the technical or professional meaning of the phrase ex post facto included civil statutes as well as criminal statutes.288 As a result, Chase and Paterson's conclusion—to give the Ex Post Facto Clauses a narrow interpretation—was based on a faulty historical premise, not on the decision to interpret the clauses consistent with a different, ahistorical 281. Casey, 505 U.S. at 855. 282. Id. at 861-62. 283. Id. at 862. 284. Calder v. Bull, 3 U.S. (3 Dall.) 386, 391, 397 (1798). 285. Id. at 391. 286. Id. at 396-97. 287. Id. at 397. 288. See supra text accompanying note 159. 2015:727 The Civil Ex Post Facto Clause 775 value. Therefore, Calder is wrong not just compared with extrinsic historical evidence, but because it is intrinsically incoherent; that is, its opinions evince a frustrated attempt to interpret the Ex Post Facto Clauses according to their professional meaning. Put another way, although Calder's conclusion was to give the clauses the narrow reading, the reasoning of its opinions leads to the broad interpretation of the clauses. Because Calder is based on faulty factual assumptions, its reasoning is inconsistent with its conclusion. As a result, Calder does not present a strong case for stare decisis. Although the Court should take great care before overruling any long-standing precedent, it should take into account the fact that Calder is based on an erroneous factual assumption when considering its precedential value. B. Does the Structure of the Constitution Support Calder's Narrow Interpretation? When considering whether to retain Calder's narrow interpretation, the Court should evaluate whether the broad or narrow interpretation of the Ex Post Facto Clauses fits better with the structure of the rest of the Constitution. Although the structural argument supporting the narrow interpretation is well known, the professional meaning of the Ex Post Facto Clauses suggests a structural argument in support of the broad interpretation. Scholars long have noted that a number of clauses of the Constitution constrain various types of retroactivity.289 Indeed, the Supreme Court has explained that the Takings,290 Due Process,29' and Contract292 Clauses all address civil retroactivity.2" A broad reading of the Ex Post Facto Clauses, by reaching civil retroactive legislation, will render these other clauses partially, if not wholly, redundant. Consider the following example: The state has a contract with Contractor Y to perform road repair for the next five years. In year two, the state learns that it can obtain a better deal for itself by doing business with Contractor Z instead; it therefore passes a law nullifying its contract with Contractor Y for years three through five and awarding the contract to Contractor Z. Under Calder's narrow interpretation, the state has not violated the Ex Post Facto Clause because the law breaching its contract is civil rather than criminal in nature. However, the state's conduct does not go unredressed; the state has violated the Contract Clause of the 289. TROY, supra note 30, at 6-9. 290. U.S. CONST. amend. V. 291. Id. 292. U.S. CONST. art. I, § 10. 293. Landgraf v. USI Film Prods., 511 U.S. 244, 266 (1994). 776 WISCONSIN LAW REVIEW Constitution, which prohibits states from breaching obligations of contract."' Under a broad interpretation of the Ex Post Facto Clauses, by contrast, the state's conduct would be prohibited by both the Contract Clause and the Ex Post Facto Clause. The potential redundancy between the broad reading of the Ex Post Facto Clauses and other clauses of the Constitution suggests that the narrow interpretation is more appropriate because it creates one and only one constitutional remedy for a breach of contract. This structural argument is supported by what may be called the "anti -redundancy" canon of constitutional construction that long has been recognized by the Supreme Court. As the Court held in Marbury v. Madison, 295 unless the words of the Constitution require it, the Court will not presume that any part of the Constitution was intended to be mere "surplusage. "296 In Calder itself, Justice Chase made this very argument, reasoning that the broad interpretation of the Ex Post Facto Clause would render the Contract Clause "unnecessary, and therefore improper.""' Scholars, too, have noted that if the broad interpretation of the Ex Post Facto Clauses is correct, then the Contract Clause would be rendered partially if not completely superfluous.zvs On the other hand, many of the Constitution's protections obviously overlap.299 A few examples will suffice: because bills of attainder almost always impose legislative punishment for past conduct, the Bill of Attainder Clauses overlap significantly with even the narrow reading of the Ex Post Facto Clauses.300 Relatedly, because bills of attainder often were used to confiscate property, the protections of the Bill of Attainder Clauses overlap with those of the Takings Clause.3o' The right to a jury trial in criminal cases is guaranteed both by 294. U.S. CONST, art. I, § 10. 295. Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803). 296. Id. at 174. 297. Calder v. Bull, 3 U.S. (3 Dall.) 386, 390 (1798). 298. Steven G. Calabresi, The Right to Buy Health Insurance Across State Lines: Crony Capitalism and the Supreme Court, 81 U. CIN. L. REv. 1447, 1467 n.85 (2013); Kmiec & McGinnis, supra note 9, at 531 n.29. 299. Akhil Reed Amar, Some Opinions on the Opinion Clause, 82 VA. L. REv. 647, 648-50 (1996) ("Even a casual look at the Constitution reveals clauses that are in some sense redundant or superfluous."); Nathan S. Chapman & Michael W. McConnell, Due Process as Separation of Powers, 121 YALE L.J. 1672, 1718 (2012) ("Surely the prohibition on bills of attainder and the requirement of a jury trial, to name just two examples, are comprised within the demand for `due process."'). 300. Mark Strasser, Ex Post Facto Laws, Bills of Attainder, and the Definition of Punishment: On DOMA, the Hawaii Amendment, and Federal Constitutional Constraints, 48 SYRACUSE L. REv. 227, 229 (1998) ("[S]ome statutes violate both ex post facto and bill of attainder guarantees."). 301. Ostler, supra note 9, at 417. 2015:727 The Civil Ex Post Facto Clause 777 Article III and Amendment VI of the Constitution.302 As these redundancies show, the anti -redundancy canon, whatever its parameters, cannot be read as an absolute bar to interpretations that yield overlapping protections. Indeed, as Professor Balkin has argued, there is an alternative explanation for redundancy: when clauses of the Constitution overlap in coverage, it may be considered evidence of a design to ensure that there is no gap in coverage for important rights. Rather than representing poor drafting, overlap can be considered evidence of deep concern on the part of the framers to protect a particular right.303 This model can be thought of as a belt -and -suspenders approach, akin to the way statutes and contracts are often drafted, that prefers redundancy to unforeseen lacunae. Both the anti -redundancy and belt -and -suspenders models of constitutional interpretation are therefore "permissible maxim[s] of commonsensical interpretation, to be applied sensitively and contextually to aid sound construction. "304 The question becomes, then, which model best describes the potential overlap between the Ex Post Facto Clauses and other clauses that disfavor retroactivity. Another way to frame the question is to ask how important is the constitutional norm against retroactivity; is it a "commonsensical interpretation" to read the Constitution to err on the side of redundant protections against retroactivity? The choice between the anti -redundancy and belt -and - suspenders models is particularly stark in the case of retroactivity because, while the broad interpretation of the Ex Post Facto Clauses leads to some redundancy, the narrow interpretation leads to gaps in the Constitution's protections against retroactivity. Even combined with the protections afforded by the Takings, Due Process, and Contract Clauses, the narrow reading of the Ex Post Facto Clauses fails to prevent many types of civil retroactivity. For example, modern retroactive civil laws, including laws that result in deportation,31 impose tax obligations,"' and impair property interests,307 fall through gaps created by a narrow interpretation of the Ex Post Facto Clauses, even combined with the Constitution's other anti -retroactivity 302. Compare U.S. CONST, art. III, § 2 ("The Trial of all Crimes ... shall be by Jury."), with U.S. CONST. amend. VI ("In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury .... 303. BALKtN, supra note 19, at 198-99. 304. Amar, supra note 299, at 650. 305. Harisiades v. Shaughnessy, 342 U.S. 580, 594 (1952) ("Deportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure. "). 306. United States v. Carlton, 512 U.S. 26, 30 (1994) (reviewing retroactive application of tax laws under Due Process Clause rather than Ex Post Facto Clause). 307. Krent, supra note 10, at 2153. 778 WISCONSIN LAW REVIEW provisions. Similarly, many of the retroactive civil laws called ex post facto in the years leading up to the framing of the Constitution, including laws that modified property rights,30' would fall outside the scope of the Constitution's anti -retroactivity provisions if the Ex Post Facto Clauses are read narrowly. Because the narrow interpretation results in coverage gaps, the choice between the anti -redundancy and belt -and -suspenders models of anti -retroactivity is, therefore, a choice between incomplete coverage and redundant coverage, respectively. The historical evidence developed in Part II suggests that, between these two choices, redundant coverage is a more "commonsensical" reading than incomplete coverage. During the decades leading up to the framing of the Constitution, retrospective laws were well-known to the legal community. The legal community's opinion of retrospective laws, as reflected in court cases of that time, leaves no doubt that they were a much reviled legislative creation. Ex post facto laws were called "unjust and improper" by the courts. 309 Judges asserted that enforcement of these laws violated a "fundamental principle of jurisprudence. n31' Ex post facto laws were considered against "natural Justice""' and "not consonant to reason or equity. "312 The unmistakable odium directed towards ex post facto laws in the cases described in Part I1 places it squarely in line with longstanding sentiments about retrospective legislation. Blackstone called ex post facto laws "cruel and unjust.""' James Madison argued that ex post facto laws were "contrary to the first principles of the social compact and to every principle of sound legislation. X314 The early Supreme Court asserted that ex post facto laws are "oppressive, unjust, and tyrannical; and, as such, are condemned by the universal sentence of civilized man. "315 In similar language, North Carolina and Maryland's constitutions called them "oppressive, unjust, and incompatible with liberty.""' Modern commentators have labeled these laws, among a host of other epithets, "truly a monstrosity. 11317 308. E.g., Helms's Lessee v. Howard, 2 H. & McH. 57, 99-100 (Md. 1784). 309. Respublica v. Chapman, 1 U.S. (1 Dall.) 53, 60 (Pa. 1781). 310. Place, 1 Kirby at 406. 311. Anderson v. Winston, 2 Va. Colonial Dec. B201, B204 (1735). 312. Mortimer v. Caldwell, 1 Kirby 53, 59 (Conn. 1786). 313. 1 BLACKSTONE, supra note 7, §2, at 46. 314. THE FEDERALIST No. 44, supra note 7, at 287 (James Madison). 315. Ogden v. Saunders, 25 U.S. (12 Wheat.) 213, 266 (1827). 316. N.C. CONST. of 1776, A Declaration of Rights, art. XXIV; MD. CONST. of 1776, A Declaration of Rights, art. XV. 317. FULLER, supra note 3, at 53. See also Smith, supra note 2, at 237. 2015:727 The Civil Ex Post Facto Clause 779 In light of the overwhelming condemnation of ex post facto laws, the better interpretation of the Ex Post Facto Clauses is the one that errs on side of redundant coverage rather than one that results in coverage gaps. Although the broad reading of the Ex Post Facto Clauses would overlap with other constitutional provisions, it has the merit of providing coherent protection against legislation long considered contrary to the first principles of government. By contrast, although the narrow interpretation of the Ex Post Facto Clauses partially (though far from completely) reduces redundancy with other clauses of the Constitution, it comes at the cost of unraveling coherent and meaningful protection against long -reviled retroactive laws. When the Court considers whether to overrule Calder, it will no doubt take into consideration the anti -redundancy approach to constitutional interpretation; it should, however, also take into account the belt -and -suspenders approach suggested by the consistent constitutional norm disfavoring retroactive legislation. C. Will the Broad Reading of the Ex Post Facto Clauses Lead to Normatively Attractive Results? When the Court reevaluates Calder's breadth, it undoubtedly will weigh the historical understanding of the Ex Post Facto Clauses against the consequences of expanding their coverage to civil laws. The historical aversion to retrospective laws proceeds from the experience that they are used by legislators to oppress, exact vengeance, and aggregate power.3' On the other hand, scholars and courts have expressed concern that applying the Ex Post Facto Clauses to civil laws would tie the hands of well-meaning legislatures, who would be prohibited from enacting some socially desirable legislation.31' As Professor Bernard Bell has argued, among other salutary purposes, retrospective laws can be used to hold actors responsible when they "cause novel and unforeseen harms," to "vindicat[e] reasonable expectations," and to "preserv[e] the status quo" pending legislative developments .320 In accord with these competing visions of retrospective legislation, and as current doctrine reflects '32' restrictions on retrospective laws are sometimes, but not always, desirable; the question, then, is how to determine the circumstances in which retrospective laws should be 318. Calder v. Bull, 3 U.S. (3 Dall.) 386, 397 (1798); 1 BLACKSTONE, supra note 7, § 2, at 46. 319. Bell, supra note 276, at 248. 320, Id. 321. E.g., Landgraf v. USI Film Prods., 511 U.S. 244, 266 (1994). 780 WISCONSIN LAW REVIEW permitted. Put another way, what retroactivity rules will most precisely prevent harmful retroactive laws without overly hamstringing well-intentioned legislatures? A comprehensive evaluation of the circumstances in which retrospective laws would be most beneficial has been hotly debated and is beyond the scope of this paper. Nevertheless, the historical evidence developed in this article helps frame the questions the Court will face when considering this issue. The cases described in Part II, which define the professional meaning of the phrase ex post facto, suggest how the Court can approach the question of when retrospective laws should be permitted.322 Reviewing these cases suggests that a general rule against civil retroactivity can coexist with normatively attractive results because it need not be applied in a wooden, unyielding manner and applied to the exclusion of competing values. Rather, the Court can apply a general rule against civil retroactivity while still allowing for exceptions for emergency situations and clear legislative intent to promote retroactivity. As a result, these cases suggest how a general rule against civil retroactivity need not unduly tie the hands of the legislature, but rather can help produce normatively attractive results. First, cases defining the professional meaning of the phrase ex post facto recognized that, although ex post facto laws were disfavored, sometimes overriding considerations required retroactive application. As the court stated in Chapman, "Generally speaking, ex post facto laws are unjust and improper; but there may certainly be occasions, when they become necessary for the safety and preservation of the Commonwealth.""' As is suggested by Chapman, the Ex Post Facto Clauses may be read to provide protection from retroactive civil statutes while still allowing room for legislative judgments about competing values. Chapman can be read to suggest that, rather than prohibiting retroactive laws unyieldingly, the Court may weigh the negative effects of retroactivity against other values, such as public safety, to determine whether a particular retroactive law should be permitted."' 322. Evidence of how courts approached the issue of civil retroactivity before the framing of the Constitution can inform the Supreme Court's approach today even though these cases do not control the Supreme Court's modern decisions as a doctrinal matter. These cases are compelling because they elucidate how, as a matter of statutory interpretation, the common law dealt with the tricky issue of statutory retroactivity; as a result, they serve as examples of how the modern Court fruitfully could address these same issues. 323. Respublica v. Chapman, 1 U.S. (1 Dall.) 53, 59 (Pa. 1781). 324. Id. Although, on their face, the Ex Post Facto Clauses appear absolute, this should be no bar to weighing their protections against other values. Indeed, the Supreme Court made a similar move to accommodate the protections of the Contract Clause with social reality, holding that an "economic emergency" justifies legislative 2015:727 The Civil Ex Post Facto Clause 781 Second, the cases defining the professional meaning of the phrase ex post facto suggest a mechanism for ensuring that the legislature may impose civil retroactivity, but that it does not do so thoughtlessly or ambiguously. These cases suggest that a rule against civil retroactivity should give way to the legislature's clear intent to apply a rule retrospectively. As the court stated in Boarman, a "law which has an ex post facto effect ought to be very clear and explicit in the terms of it, otherwise the Court will not give it such a construction.""' Similarly, in Helms's Lessee, the court held that the legislature intended to give a later statute retroactive effect only because it declared a previous, contrary statute "null and void. "3" Together, Boarman and Helms's Lessee suggest that, although civil retroactive laws are disfavored, the legislature should be permitted to impose civil retroactivity if it has clearly stated its intention to do so. A clear statement rule allows retroactivity but forces the legislature to be explicit about the imposition of retroactivity. This has a number of benefits. One, it encourages deliberation about the potentially harmful results of proposed legislation. If legislators want to impose retrospective liability, they will be forced explicitly to provide for retroactivity in the statute or risk having their intention unenforced. A requirement of explicitness will encourage legislators to deliberate openly about their intention to impose retroactivity.327 Two, a clear statement rule encourages political accountability. Because a clear statement rule requires explicit statutory language in order to impose retroactivity, it will be evident to the electorate that their representatives intended to impose retroactive effect. This transparency will allow the electorate to hold legislators who supported retroactivity accountable if they are unhappy with the legislation's retroactive effect. The clear statement rule suggested above is not totally foreign to the Court's current approach. In Landgraf, the Court held that it will not read a civil statute to impose retroactive effect unless Congress made its intention to do so clear.32' However, the Court's Landgraf approach is not a substitute for a meaningful clear statement rule as suggested by Boarman and Helms's Lessee. As Dean Krent noted, the breaches of contract. Home Bldg. & Loan Assn v. Blaisdell, 290 U.S. 398, 444-45 (1934). Just as the facially absolute language of the Contract Clause has been tempered to take account of emergency situations, so too can the Ex Post Facto Clauses meaningfully protect against civil retroactivity while, at the same time, leave room for legislative judgment. 325. Butler v. Boarman, 1 H. & McH. 371, 382 (Md. 1770). 326. Helms's Lessee v. Howard, 2 H. & McH. 57, 98 (Md. 1784). 327. See Terrence Sandalow, Judicial Protection of Minorities, 75 MICH. L. REv. 1162, 1188 (1977). 328. Landgraf v. USI Film Prods., 511 U.S. 244, 268 (1994). 782 WISCONSIN LAW REVIEW Court's current clear statement rule is too weak to restrain civil retroactive legislation because the Court has "sustained any retroactive enactment in the economic sphere that is supported by a plausible public purpose. "329 Moreover, the Court's current clear statement approach is conceptually flawed. Because of Calder's narrow reading of the Ex Post Facto Clauses, the Court cannot rely directly on these clauses as a basis to restrain civil retroactivity. Instead, the Court rests on a precarious inference of anti -retroactivity from some combination of the Ex Post Facto, Takings, Contract, and Due Process Clauses."' Because none of these clauses directly addresses the types of civil retroactive laws that would be prohibited by the broad interpretation of the Ex Post Facto Clauses, scholars have rightly criticized the Court's reliance on these clauses for a general anti -retroactivity principle."1 Reliance on a broad reading of the Ex Post Facto Clause would provide a conceptually cleaner and textually more supportable method of policing civil retroactivity than the Court's Landgraf approach. In sum, when the Court considers whether to extend the Ex Post Facto Clauses to civil laws, it will consider whether such an extension will lead to normatively attractive results. As part of that analysis, the Court can look to the common law for guidance; as the cases defining the professional meaning of the phrase ex post facto indicate, protection against civil retroactivity can coexist with legislative flexibility. A general rule against civil retroactivity can be tempered by an emergency exception and an exception for the clearly stated intentions of the legislature. These exceptions allow for normatively attractive social legislation without completely eviscerating a rule against civil retroactivity or creating collateral interpretative problems. CONCLUSION Calder's legacy—the restriction of the Ex Post Facto Clauses to criminal retroactivity—has been criticized as historically unsound and normatively unjustified. Nevertheless, Calder's distinction is firmly established: relying on Calder, courts universally uphold retroactive civil laws against Ex Post Facto challenges. Given this license, Congress and state legislatures have not hesitated to enact all manner of retroactive civil laws, including laws that impose monetary penalties retroactively and permit deportations for conduct committed before it was proscribed. While giving wide berth to legislatures enacting 329. Krent, supra note 10, at 2149. 330. Id. at 2149-50. 331. John F. Manning, Clear Statement Rules and the Constitution, 110 Colum. L. REv. 399, 435 (2010). 2015:727 The Civil Ex Post Facto Clause 783 retroactive civil laws, paradoxically, courts routinely condemn civil retroactivity as unjust. Scholars long have been intrigued by the disconnect between courts' rhetorical condemnation of retroactive laws and their practical permissiveness toward them. Focused on historical evidence of the original meaning of the Ex Post Facto Clauses, some jurists and scholars have concluded that Calder was, as a historical matter, correctly decided; others disagree. The dispute turns on the professional meaning of the term ex post facto, a phrase that was well known to the professional class of American judges and lawyers in the decades leading up to the framing of the Constitution. The phrase, as recorded in colonial and early state court cases, was used by these professionals to describe not only criminal laws, but civil laws as well. This evidence adds significant weight to the historical evidence supporting the broad interpretation of the Ex Post Facto Clauses. More importantly, it also undercuts the claim that the professional meaning of the phrase ex post facto refers only to criminal laws, the major premise underlying the narrow interpretation. But, uncovering the professional meaning of the phrase ex post facto and, consequently, the original meaning of the Ex Post Facto Clauses, does much more than quell a historical tempest in a teapot. It allows us to see beyond the original meaning of the clauses and helps us analyze the most serious non -historically contingent challenges to reconsidering Calder. Despite its age, there are good reasons to refrain from according Calder membership in the American constitutional law canon. Structural concerns, normally believed to favor the narrow interpretation of the Ex Post Facto Clauses, in fact can be viewed as favoring the broad interpretation. And although some retroactive legislation is socially desirable, anti -retroactivity in the context of civil laws can be squared with normatively attractive results. With the discovery of the professional meaning of the Ex Post Facto Clauses, we have achieved closure to a long-running historical debate. We also have found a new way to analyze the major non -historically contingent challenges to reconsidering Calder. But perhaps most surprisingly, the story of the discovery of the professional meaning of the Ex Post Facto Clauses gives us a vantage point from which to assess the utility of history as a rule of decision for constitutional interpretation. As Calder aptly demonstrates, American judges always have relied on history to resolve questions of constitutional interpretation. But the story of the Ex Post Facto Clauses indicates the danger in relying too heavily on history: a reliance on historical evidence has the tendency to direct our attention away from other, potentially more appropriate, methods of interpretation. Indeed, Calder has persisted not because of its logic, or its reading of the text 784 WISCONSIN LAW REVIEW of the Constitution, or its balancing of competing constitutional values, but because the authors of its opinions rooted their decisions in the revelation of an esoteric historical meaning. Paterson recounts that, despite his "ardent desire," he was unable to prevail on the other delegates at the Convention to adopt the broad interpretation.ssz Chase explains that his interpretation is constrained by the meaning the phrase had acquired through its "use long before the Revolution.""' In short, Calder rests not on reasoning, but on assertions of historical fact. As it happens, these assertions of fact were mistaken. And the rest, so to speak, is history. The story of the Ex Post Facto Clauses is not quite a tragedy, but it is a cautionary tale. It cautions against accepting historical conclusions as definitive, of course. But perhaps more importantly, it cautions against relying too heavily on historical conclusions as a basis for formulating legal interpretations. It is easy to accept the assertion of experts about the historical meaning of a phrase. But reliance on history goes too far when it supplants other accepted, traditional methods of constitutional interpretation. As the story of Calder and the Ex Post Facto Clauses show, fidelity to an evanescent historical narrative may provide, at the expense of respected constitutional values, only the illusion of consistency through time. 332. Calder v. Bull, 3 U.S. (3 Dall.) 386, 397 (1798). 333. Id. at 391.