HomeMy WebLinkAbout031918_ra02Regular 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: March 19, 2018
RE: HEARING re: Proposed Replacement of the 2006 Jefferson County Records Access
Policy, including:
(1) Proposed Resolution establishing the Jefferson County Public Records Act
Compliance Policy ("the proposed Policy"); and,
(2) Proposed Ordinance establishing 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 accept written and oral 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 (Chapter 42.56 RCW).
Jefferson County is dedicated to making public records accessible to the citizens we serve. We
embrace the philosophy adopted in state statute that "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...." (RCW 42.56.030) To this purpose,
Jefferson County dedicates substantial resources and staff time to managing public records and
to fulfilling the public's records requests. Any failure to meet the requirements of the Public
Records Act can easily damage the government's reputation, and can subject the County to
potential liability. Establishing an effective and efficient system to manage public records
requests is an important part of providing our citizens with fullest assistance in fulfilling
records requests, and also minimizes mistakes and their attendant liability. A comprehensive,
county -wide Public Records Act compliance policy is a key foundation for such a records
management system.
Regular 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, 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. The changes in
the new legislation were summarized by the Washington Association of Public Records
Officers 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 and resolution are Attachment
Three and the proposed ordinance is Attachment Four.
ANALYSIS:
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
statutory 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. 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
2
Regular Agenda
Services Director determined GovQA to be best of breed. Importantly, GovQA facilitates the
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 is provided
using 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.
Valuable public comments have already been received. Staff agrees some changes to the
proposed Policy should be made. Staff suggests that the Board of County Commissioners
(BoCC) hear the public testimony and consider further changes to improve the policy after all
public comments and testimony are received.
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 compliance with the requirement in the Public Records Act 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 Public Records Act. There are structures
and procedures that the County employs to comply with the Public Records Act that are not
described in the Model Rules. As just one 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.
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:
Hold a public hearing to take public testimony on a proposed Jefferson County Public Records
Act Compliance Policy resolution, and a companion proposed Fee Ordinance establishing
updated charges pursuant to the Public Records Act, deliberate on the hearing record, and
direct revisions to the Policy in preparation for potential adoption by the BoCC on March 26,
2018 or a subsequent date.
Regular Agenda
DEPARTMENT CONTACTS:
Ken Hugoniot, Public Records Administrator at Extension 174.
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219.
REVWWE BY:
Philip Morley C my Administrator Date
L�7�� �' ATTACHMENT ONE TO AGENDA REQUEST
STATE OF WASHINGTON
County of Jefferson
In the Matter of Updating the }
Jefferson County Records Access } RESOLUTION NO.
Policy Identified as Attachment "A" }
to this Resolution
39-06
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. ,
%3NTY
C04PPROVED and ADOPTED this
r J
26th day of June , 2006.
r +, JEFFERSON COUNTY
• 60
it •'•. J
ctoc
Julie Matthes, CMC
Deputy Clerk of the Board
IONERS
Chair
em er
gers,
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(aD-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 (81h 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.
gN
0 ..C'
� JEFFERSON COUNTY
W. n .•;
s,
Request• • • • •
'4. 'Ci
N G
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: Jeffbooc@co.jefferson.wa.us
Website: www.co.jefferson.wa.us
Phone Number.-
Please
umber:
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:
Dept. Receiving Request:
Response Required By:
sgnaixn Date
1JNotified Requester records are available and where. N copies are requested and payment or deposit on payment has
been made - send copies.
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:
Request to be denied - IMMEDIATELY
Evaluation Necessary. Estimate days needed for final response. Notified
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
with reason for partial withholding listing
estimate of when records will be available
exemption(s) cited. Copy of letter attached.
111.00
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
• 5 -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.
1
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.
2
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; BEARING. 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.
9
ATTACHMENT THREE TO AGENDA REQUEST
0001- ON Cpl
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 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
t
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
v 1,.
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
tJefferson 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.'
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
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 (�
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
riM,rvt.`�
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. s
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).
s See RCW 42.56.010(3).
'See WAC 44-14-010.
t 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
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 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.
' 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 Encoura.eg_d.
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
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
i'yUlst"`�,
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
aaaiva'
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 RC W
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 C
5.0 Public Records Requests
5.1 Format of Requests.
ance Poli
5.1.1 No official format is required for making a records request. 10
15 of 36
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. 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."
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 reauest is five (5) business days after receiat 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."
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) 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, 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
"Required by RCW 42.56.520(1)(b).
11 See RCW 42.56.520(i)(d).
Jefferson County Public Records Act Compliance Policy Page 19 of 36
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 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 Po
a^agvc^
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
21 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)
4I\ �
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 W 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
RC W 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 Logs.
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.
t
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
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.
tJefferson 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. 12
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. 14
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
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).
9 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
1'
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,
6.26.1.6 Date of final disposition of the request.
26 See Chapter 40.14 RCW.
Jefferson County Public Records Act Compliance Policy Page 29 of 36
r'�rrl\l4
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 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
2' See Chapter 40.14 RCW.
21 See Chapter 40.14 RCW.
V
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
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.
rr
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
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
in the Jefferson County Public Records Request Cost Schedule. 30
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).
04"',
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; 34
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)(x).
31 See RCW 42.56.120(3)(b).
36 See RCW 42.56.120(3)(b).
l 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.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.
11.0 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).
s9 See RCW 42.56.120(4).
��.
Jefferson County Public Records Act Compliance Policy Page 34 of 36
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 Alread.} Imposed b.
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 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.
r 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 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.
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).
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)
APPROVED and ADOPTED this day of , 2018.
ATTEST:
Carolyn Gallaway
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
David Sullivan, Chair
Kathleen Kier, Member
Kate Dean, Member
2
ATTACHMENT FOUR 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 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,
7
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.
2.9 Effective Date
This ordinance is effective immediately upon adoption.
APPROVED and ADOPTED this day of 12018.
SEAL: JEFFERSON COUNTY BOARD OF
COMMISSIONERS
ATTEST:
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.