HomeMy WebLinkAbout042318_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: April 23, 2018
RE: CONTINUED DELIBERATION re: Proposed Replacement of the 2006 Jefferson
County Records Access Policy, including:
(1) Adoption of a Resolution approving the proposed Jefferson County Public
Records Act Compliance Policy ("the proposed Policy"); and,
(2) Adoption of an Ordinance approving the updated charges in the proposed
Policy to add those charges to the Jefferson County Code Appendix Fee
Schedules.
STATEMENT OF ISSUE:
Staff recommends that the Board of County Commissioners continue its deliberations on a
proposed Resolution approving a Jefferson County Public Records Act Compliance Policy,
and a companion proposed Ordinance approving updated charges pursuant to the Public
Records Act (Chapter 42.56 RCW).
The Board held a Public Hearing on a proposed Resolution and Ordinance on March 19, 2018,
and, based on the Hearing record, asked staff to prepare draft revisions for the Board's further
deliberation. Draft revisions to the proposed Resolution and Ordinance are attached to this
Agenda Request, with changes shown in tracked changes.
ANALYSIS:
The proposed Policy and Ordinance are designed to replace, rather than amend, the Jefferson
County Records Access Policy which was adopted in 2006 as Resolution 39-06. The most
significant changes to the current policy are those aspects designed to comply with recently
enacted state legislation amending Washington's Public Records Act (Chapter 42.56 RCW),
effective July 23, 2017. The proposed fee ordinance would establish a cost schedule of
charges for paper and electronic copies produced in response to public records requests. The
Regular Agenda
proposed cost schedule adopts statutory default fees outlined in state statute, effective July 23,
2017 (RCW 42.56.120) as an alternative to charges for actual costs.
The proposed Policy and Ordinance were submitted to a 30 -day public comment period on
February 12, 2018. They then received additional public testimony at a hearing before the
Board of County Commissioners on March 19, 2018. Valuable public comment and testimony
was received and were given careful consideration by staff. At the request of the Board of
County Commissioners, some suggestions have been incorporated as tracked changes into the
current drafts of the Public Records Act Compliance Policy and companion Ordinance,
included as Attachment 1 and Attachment 2, respectively.
The following is a brief, though not necessarily comprehensive, summary of updates to the
proposed policy, some as suggested in public comment and others as proposed by staff:
• The entire text of the proposed Policy was reviewed and updated to reflect a significant
distinction between the concepts of "disclosure" and "production" of records: The term
"disclosure" refers to the acknowledgement of the existence of a record and a brief
description of it. The term "production" refers to the actual release of a record, or all
non-exempt contents of a record, to a requestor.
• 6.4, "Types of 5 -day responses", now instructs that, unless it is already obvious, a five-
day letter shall provide the requestor with a list of the County departments to which the
request was routed.
• 6.4.7.2, instructs Records Liaisons that if there is any question as to whether any
record, or any portion of a record, should be exempt from production, the Prosecuting
Attorney's Office or the Public Records Officer shall be consulted and given the
opportunity to inspect the record before any denial is presented to the requestor.
• 6.17, "Explanation of Exemptions", lists the basic, required information that must be
included in an explanation of exemptions to a requestor (see 6.17.1).
• 10.4, "Calculation of Costs" (3.4 in the Ordinance), applies the cost schedule,
immediately upon approval, to all open and pending public records requests. This
stipulation is not motivated by the obviously minimal cost recovery that it implies.
Rather, the County is currently responding to a few pending requests that involve large
numbers of responsive records, requiring either extensive manual searches for records,
or extensive legal review before production. In both cases, these requests necessitate
fulfillment by installments that will continue for periods of months. The only plainly -
authorized method to verify a requestor's continued interest and involvement in the
results of a request is to charge a fee, however nominal, for each installment (RCW
42.56.120(4)).
• 10.4, "Calculation of Costs", (see 10.4.1 and also 3.4.1 in the Ordinance) also includes
the following stipulation: "For the avoidance of doubt, the term "electronic file", as
used in RCW 42.56.120(2)(b)(iii) for emails, means each discrete email and each
discrete attachment to an email".
N
Regular Agenda
• The proposed Public Records Request Costs Schedule now includes a de minimus
threshold for waiving small charges for copies of records provided to any individual
public records request. The Board requested that a de minimus threshold be included in
the Ordinance as a practical matter to avoid expending staff time to collect very small
amounts, and in the spirit of fullest assistance and convenience to the public we serve.
To assist the Board in setting a de minimus threshold amount, the table below shows
the effect of several different thresholds.
De
# Letter
# Pages
# emails &
# Gigabites
Minimus
Copies @
Scanned
data files
transmitted
Threshold
15C/page
to pdf @
sent @
@ 10C/gig
10C/page
5C/4 files
$0.15
$0.10
$ 0.0125
$0.10
$0.75
5
8
60
8
$1.00
7
10
80
10
$2.00
13
20
160
20
$3.00
20
30
240
30
$5.00
33
50
400
50
FISCAL IMPACT:
Collection of fees for electronic copies of public records, as authorized by state law, will
provide Jefferson County with a way to recoup a small portion of the significant costs incurred
in responding to public records requests.
RECOMMENDATION:
Continue Commissioner deliberations on a Resolution approving a Jefferson County Public
Records Act Compliance Policy and on an Ordinance establishing updated charges pursuant to
the Public Records Act, including draft edits shown in tracked changes. Provide direction to
staff for any further modifications in order to prepare a final draft of the Resolution and
Ordinance for Board adoption at a future meeting of the Board of County Commissioners.
DEPARTMENT CONTACTS:
Ken Hugoniot, Public Records Administrator at Extension 174.
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219.
3
Regular Agenda
REVIEWED Y:
hili lei dministrator Date
ATTACHMENT ONE TO AGENDA REQUEST
STATE OF WASHINGTON
County of Jefferson
In the Matter of Updating the Jefferson)
County Public Records Compliance Policy) RESOLUTION NO.
Identified as Attachment "A" to this)
Resolution )
1. Whereas, Chapter 42.56 RCW, the Washington Public Records Act requires that
public agencies publish rules to provide public access to public records; and,
2. Whereas, in furtherance of the requirements of Chapter 42.56 RCW, Jefferson
County adopted Resolution 39-06 on June 27, 2006 to govern the response to requests for public
records in all Jefferson County departments and offices; and,
3. Whereas, effective July 23, 2017, the Washington Legislature amended Chapter
42.56 RCW, the Public Records Act, and Chapter 40.14 RCW, the Preservation and Destruction
of Public Records Act, requiring that the Jefferson County Public Records Access Policy be
updated to incorporate the changes made by the Washington Legislature.
4. Now, therefore, the County Commissioners of Jefferson County resolve that, after
consulting the advisory model rules for establishing local ordinances for compliance with Chapter
42.56 RCW, the JEFFERSON COUNTY PUBLIC RECORDS COMPLIANCE POLICY is
hereby adopted as stated in ATTACHMENT "A" to this Resolution.
5. Be it further resolved that Resolution 39-06, along with its attachments, is repealed
and replaced by adoption of this Resolution.
6. This Resolution is effective immediately upon adoption.
7. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is
declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining parts of this resolution.
(SIGNATURES FOLLOW ON NEXT PAGE)
ATTEST:
APPROVED and ADOPTED this day of , 2018.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
David Sullivan, Chair
Kathleen Kler, Member
Carolyn Gallaway Kate Dean, Member
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
2
�4l¢SON BOG
JEFFERSON COUNTY
PUBLIC RECORDS ACT
COMPLIANCE POLICY
(Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27,
2006 and [date of adoption])
K Jefferson County Public Records Act Compliance Po
Page 2 of 36
JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY
(Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27,
2006 and [date of adoption])
Section Index:
1.0
Purpose: Compliance with Public Records Act................................................................... 6
2.0
Definitions............................................................................................................................6
2.1
Backup Records Liaison: .................................................................................................
6
2.2
Bot Request: .....................................................................................................................
6
2.3
Business Day: ...................................................................................................................
6
2.4
Chief Civil Deputy Prosecuting Attorney: .......................................................................
6
2.5
Court Records Request: ....................................................................................................
6
2.6
Customized Electronic Access Service: ...........................................................................
7
2.7
Exempt Record: ................................................................................................................ 7
2.8
Failure to Provide a Record: ............................................................................................. 7
2.9
Final, Definitive Response: .............................................................................................. 7
2.10
Fullest Assistance: ............................................................................................................ 7
2.11
Human Resources: ............................................................................................................ 8
2.12
Jefferson County: ............................................................................................................. 8
2.13
Normal Business Hours: ................................................................................................... 8
2.14
Person in Interest: ............................................................................................................. 8
2.15
Policy: ............................................................................................................................... 8
2.16
Public Records Liaison and Records Liaison: .................................................................. 8
2.17
Public Records Officer: .................................................................................................... 8
2.18
Record: ............................................................................................................................. 9
2.19
Record holder: .................................................................................................................. 9
2.20
Request: ............................................................................................................................ 9
2.21
Requestor:.........................................................................................................................9
2.22
Section: .............................................................................................................................
9
2.23
Staff................................................................................................................................10
2.24
Web Portal:.....................................................................................................................
10
2.25
Written Information: ......................................................................................................
10
Jefferson County Public Records Act Compliance Policy Page 3 of 36
3.0
General Provisions.............................................................................................................
10
3.1
Public Records Act Compliance....................................................................................
10
3.2
Applicability...................................................................................................................11
3.3
Non -Discrimination Requirement..................................................................................
11
3.4
Records Are Property of Jefferson County....................................................................
11
3.5
Use of Available Electronic Resources Encouraged......................................................
11
4.0
Roles of Staff Designated to Address Public Records Requests .......................................
12
4.1
Public Records Officer...................................................................................................
12
4.2
Chief Civil Deputy Prosecuting Attorney......................................................................
14
4.3
Records Liaisons and Backup Records Liaisons............................................................
14
4.4
Training and Updates.....................................................................................................
14
5.0
Public Records Requests....................................................................................................
15
5.1
Format of Requests.........................................................................................................
15
5.2
Fair Notice of Records Request.....................................................................................
15
5.3
Lists of Individuals.........................................................................................................
16
5.4
Bot Requests...................................................................................................................
16
6.0
Jefferson County Response to Public Records Requests ...................................................
16
6.1
Required Communication by Records Liaisons Upon Receipt of a Records Request...
16
6.2
Requests for "All Records" is Insufficient.....................................................................
17
6.3
Prompt Response Required............................................................................................
17
6.4
Types of Five (5) Day Responses..................................................................................
18
6.5
Final, Definitive Response.............................................................................................
20
6.6
Requests to Create Records or Convert Records to a Different Format or Medium .....
21
6.8
Requests for Personnel and Employment Records........................................................
21
6.9
Requests for Court Records............................................................................................
21
6.10
Locating Responsive Records........................................................................................
21
6.11
No Requirement to Create New Records to Respond to A Records Request ................
22
6.12
Request for Records that No Longer Exist.....................................................................
22
6.13
Agreements in Response to Voluminous or Frequently Occurring Requests ................
22
6.14
Immediate Provision or Inspection of Records "Over the Counter." .............................
22
6.15
Exemptions from Production.........................................................................................
23
6.16
Withholding or Redacting Records Based on Exemptions ............................................
23
1 Jefferson County Public Records Act Compliance Policy Page 4 of 36
6.17
Explanation of Exemptions............................................................................................
24
6.18
Summaries of Common Exemptions.............................................................................
24
6.19
Inspection of Responsive Records.................................................................................
25
6.20
Electronic Records.........................................................................................................
26
6.21
Installments....................................................................................................................
27
6.22
Requestor Responsibility................................................................................................
27
6.23
Order of Processing Requests........................................................................................
27
6.24
Allocating Specific Amounts of Time and Resources ...................................................
28
6.25
Multiple Requests by the Same Requestor.....................................................................
28
6.26
Requests Log..................................................................................................................
29
6.27
Preservation of Request Clarifications and Search Efforts ............................................
29
7.0
Records Retention Required..............................................................................................
29
7.1
Retention of Public Records Request Records...............................................................
29
7.2
Records in Request Files that Must Be Maintained.......................................................
29
7.3
Archiving and Destruction of Public Records Request Records ....................................
30
8.0
Compliance with Best Practices Annual Reporting Requirements ....................................
30
9.0
Administrative Review......................................................................................................
30
9.1
No Final Decision Until Review Under this Section .....................................................
30
9.2
Petition for Review.........................................................................................................
30
9.3
Deadline for to Affirm or Reverse, After Petition for Review .......................................
30
9.4
Effect of Reversal Based on Petition for Review...........................................................
31
9.5
Final Decision, If Affirmed............................................................................................
31
10.0
Costs for Public Records....................................................................................................
31
10.1
Inspection Only..............................................................................................................
31
10.2
Records Already on Jefferson County Website.............................................................
31
10.3
Statutory Basis................................................................................................................
31
10.4
Calculation of Costs.......................................................................................................
31
10.5
Cost Schedule.................................................................................................................
33
10.6
Deposit...........................................................................................................................33
10.7
Failure to Fulfill Payment Requirements.......................................................................
33
11
Limitations.........................................................................................................................
34
11.1
No Additional Legal Rights...........................................................................................
34
Vii,.
Jefferson County Public Records Act Compliance Policy
11.2 Statutory Requirements and Best Practices ..............................
11.3 No Additional Duty That is Not Already Imposed by Law.....
11.4 No Basis for Liability...............................................................
12.0 Amendments and Corrections......................................................
13.0 Severability..................................................................................
14.0 References....................................................................................
Proposed Public Records Request Cost Schedule: .................................
5 of 36
.................................. 34
.................................. 34
.................................. 34
.................................. 35
.................................. 35
.................................. 35
.................................. 36
2K Jefferson County Public Records Act Compliance Policy Page 6 of 36
4• ?
''SHIN(:•
1.0 Purpose: Compliance with Public Records Act
Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public
Records Act), which requires Jefferson County to adopt and enforce reasonable rules and
regulations to provide full access to records.
2.0 Definitions
The following definitions apply to this Policy:
2.1 Backup Records Liaison:
"Backup Records Liaison" means the person in each department designated as the
backup person for responding to records requests when Records Liaisons are not
available to respond to records requests. For the avoidance of doubt, a Backup
Records Liaison assumes all the duties of a Records Liaison when a Records
Liaison is not available to respond to records requests.
2.2 Bot Request:
"Bot request" means a request for records that Jefferson County reasonably believes
was automatically generated by a computer program or a script.'
2.3 Business Day:
"Business day" means the days Jefferson County is open for business. Business
days do not include weekends and Jefferson County holidays.
2.4 Chief Civil Deputy Prosecuting Attorney.
"Chief Civil Deputy Prosecuting Attorney" means the position in the Jefferson
County Prosecuting Attorney's Office responsible for providing legal guidance and
assistance in processing records requests.
2.5 Court Records Request:
"Court records request" means any request for Jefferson County District Court or
Jefferson County Superior Court records. Court records are exempt from the Public
Records Act and are subject to release directly through the Courts under the
Washington Courts' General Rule 31 and General Rule 31.1.
' See RCW 42.56.080(3).
< Jefferson County Public Records Act Compliance Policy Page 7 of 36
'SH1N�0
2.6 Customized Electronic Access Service: Z
"Customized electronic access service" means the use of information technology
expertise to prepare data extracts or compilations, or provide other customized
electronic information access when the compilations or customized electronic
access documents are not prepared and used by Jefferson County in its normal
course of business.
2.7 Exempt Record:
"Exempt record" means records or portions of records that are exempt from pWAie
diselesur-eproduction to the public. Exemptions include those identified in the
Public Records Act or in other statutes incorporated by RCW 42.56.070, or in case
law. Exemption from ailesur-e production of a portion of a record does not
automatically exempt the remainder of the record from diselestffeproduction.
Exempt portions of records may be subject to redaction.
2.8 Failure to Provide a Record:
"Failure to Provide a Record" means any action by any Jefferson County employee
that results in: (a) The failure to respond to a request; (b) Without justification, the
failure to provide timely a requested record or any portion of it; (c) The express
denial of a request for a record; (d) The refusal to provide a record; (e) Without
justification, the claim of an exemption for a record or any portion of it; or, (f) the
closure of a request for any reason.
2.9 Final, Definitive Response:
"Final, Definitive Response" means Jefferson County's final response to a records
request, confirming that Jefferson County does not intend to provide any further
response to the records request.
2.10 Fullest Assistance:
"Fullest assistance" means Jefferson County's obligation to provide fullest
assistance to all requesters, consistent with and as limited by RCW 46.56. 100 and
WAC 44-14-04003. Jefferson County shall devote sufficient staff time to
processing records requests, consistent with the Public Record Act's requirement
that fulfilling requests should not be an excessive interference with an agency's
other essential operations. Fullest assistance does not require Jefferson County to
ignore or modify its internal business processes for responding to public records
requests or to comply with aspects of a request. Fullest assistance also does not
mean that Jefferson County must agree to a request from one requester if doing so
may detrimentally affect Jefferson County's ability to provide fullest assistance to
z See RCW 42.56.120(3)(a).
Jefferson County Public Records Act Compliance Policy Page 8 of 36
other requesters, result in damage or disorganization of records, or excessively
interfere with essential agency functions.
2.11 Human Resources:
"Human Resources" means the Human Resources Officer.
2.12 Jefferson County:
"Jefferson County" means Jefferson County, Washington. Jefferson County is a
general-purpose governmental entity that provides a range of municipal services
allowed by statute or charter. These services include, but are not limited to police,
emergency management, public health, vehicle licensing, voter registration,
property assessments, facilities maintenance, street maintenance, solid waste
(recycling), building permitting, planning, and zoning, parks and recreation, adult,
and juvenile court, prosecuting and general administrative services.
2.13 Normal Business Hours:
Various departments of Jefferson County have different business hours. However,
for purposes of counting business days under this Policy, "normal business hours"
means 8:30 a.m. to 4:30 p.m. on business days.
2.14 Person in Interest:
"Person in Interest" means the person who is the subject of a record or any
representative designated by that person, except that if that person is a minor, or
under a legal disability, "person in interest" means and includes the parent or duly
appointed legal representative.3
2.15 Policy:
"Policy" means this Jefferson County Public Records Act Compliance Policy.
2.16 Public Records Liaison and Records Liaison:
"Public Records Liaison" and "Records Liaison" mean the person or persons
designated by an elected official or department director to accept, track by log, and
arrange for fulfillment of requests for disclosure of records within a Jefferson
County department
2.17 Public Records Officer:
"Public Records Officer" means the person who is appointed as Public Records
Officer for Jefferson County pursuant to RCW 42.56.580.
3 See RCW 42.56.010(2).
�k��cON c`OGZ
K Jefferson County Public Records Act Compliance Policy Page 9 of 36
2.18 Record:
"Record" means "public record" as defined in RCW 42.56.010, namely any
identifiable record' containing "written information" as defined in Section 2.21
relating to the conduct of government or the performance of any governmental or
proprietary function prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics.
2.18.1 This definition does not include records that are not otherwise required to
be retained by Jefferson County and are held by volunteers who:
2.18.1.1 Do not serve in an administrative capacity;
2.18.1.2 Have not been appointed by Jefferson County to an agency board,
commission, or internship; and,
2.18.1.3 Do not have a supervisory role or delegated Jefferson County
authority.5
2.18.2 Written information created or received by employees using non -county
devices only meet the definition of record if the written information relates
to the conduct of government or the performance of any governmental or
proprietary function prepared, owned, used, or retained by Jefferson
County.'
2.19 Record holder:
"Record holder" means the department or staff having custody of a record.
2.20 Request:
"Request" means a request made to Jefferson County pursuant to the Public
Records Act for disclosure of records. Requests for records made pursuant to other
statutory rights of access to records shall not be considered "records requests" but
may be handled under this Policy.
2.21 Requestor:
"Requestor" means the individual submitting the request for records.
2.22 Section:
"Section" means a section or a subsection of this Policy. For the avoidance of
doubt, reference to a section includes a reference to every subsection in that section
a See RCW 42.56.080(1).
s See RCW 42.56.010(3).
6 See WAC 44-14-010.
4���N COG2
Jefferson County Public Records Act Compliance Policy Page 10 of 36
�'SHixG��2
but reference to a subsection does not include reference to any other subsection in
that section or in any other section.
2.23 Staff:
"Staff' means collectively elected officials, officers, and employees of Jefferson
County.
2.24 Web Portal:
"Web portal" means a specially designed website that brings information together
from diverse sources in a uniform way. Web portal, as used in this Policy, includes
a web portal on Jefferson County's website or on a website of a Jefferson County
vendor.
2.25 Written Information:
"Written information" means handwriting, typewriting, printing, photostating,
photographing, and every other means of recording any form of communication or
representation including, but not limited to, letters, words, pictures, sounds, or
symbols, or combination thereof, and all papers, maps, magnetic or paper tapes,
photographic films and prints, motion picture, film and video recordings, magnetic
or punched cards, discs, drums, diskettes, sound recordings, and other documents
including existing data compilations from which information may be obtained or
translated.' For the avoidance of doubt, electronic data, including email, that meet
this definition shall be considered written information.
3.0 General Provisions
3.1 Public Records Act Compliance.
3. 1.1 It is the policy of Jefferson County to provide access to records in
accordance with the requirements of the Public Records Act, Chapter 42.56
RCW.
3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors
and the most timely but practicable action in response to requests for records
in Jefferson County's custody that state law or court rule do not exempt or
prohibit from diselestweproduction.
3.1.3 This Policy provides straightforward, predictable practices for responding
to and fulfilling requests for disclosure of public records in a manner
consistent with the Public Records Act. This Policy provides appropriate
safeguards for information exempted from or prohibited from diselestwe
production by federal or state law.
' See RCW 42.56.010(3) and (4).
tJefferson County Public Records Act Compliance Policy Page 11 of 36
3.2 Applicability.
3.2.1 This Policy shall apply to all employees, elected officials, and advisory
boards and commissions of Jefferson County.
3.2.2 This Policy does not apply to responses to legal discovery requests
governed by the Washington Courts' Civil Rules or the Federal Rules of
Civil Procedure.
3.2.3 This Policy does not apply to judicial court records or judicial
administrative records requests governed by Washington State Courts'
General Rules.
3.3 Non -Discrimination Requirement.
Procedures governing access to records shall ensure access to records without
discrimination or distinction among requestors and without regard to the intent of
the requestor, and such requestors shall not be required to provide information as
to the purpose for the request, except to establish whether inspection and copying
would violate RCW 42.56.070(8), RCW 42.56.240(14), or any other statute which
exempts or prohibits diselesufe-production of specific information or records to
requestors.
3.4 Records Are Property of Jefferson County.
Records maintained by Jefferson County are and remain the property of Jefferson
County.
3.5 Use of Available Electronic Resources Encouraged.
3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and
expeditiously responding to requests for disclosure of records, the Public
Records Officer or designee and Records Liaisons are encouraged to use
electronic means to respond to, fulfill, and track records requests, unless the
requestor specifically asks that the records be provided in paper or non-
electronic format.
3.5.2 Jefferson County may use collaborative public records request management
software, with secure access, to assist in complying with this Policy.
3.6 Indexes Available to the Public
Pursuant to RCW 42.56.070(4), Jefferson County is not required to maintain an all-
inclusive index of public records as provided in RCW 42.56.070(4) based on the following
findings:
V
Jefferson County Public Records Act Compliance Policy Page 12 of 36
3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome
and would interfere with operations.
3.6.2 Jefferson County is comprised of 15 separate departments, their divisions,
and subdivisions, many of which are located in facilities in various locations
throughout Jefferson County.
3.6.3 Departments and their divisions maintain separate record-keeping systems.
3.6.4 Because Jefferson County has records which are diverse, complex, and
stored in multiple locations and identified in various record-keeping
systems, some computerized and some on paper, it is unduly burdensome
to maintain a central index of records.
3.6.5 If a requested index exists, then Jefferson County shall make it available for
public inspection and copying.
4.0 Roles of Staff Designated to Address Public Records Requests
4.1 Public Records Officer.
4.1.1 The Public Records Officer is the person who is appointed as Public
Records Officer for Jefferson County pursuant to RCW 42.56.580.
4.1.2 Jefferson County shall identify the Public Records Officer on its web site
and by prominent display in the office of the Jefferson County
Administrator.
4.1.3 Pursuant to RCW 42.56.580, the Public Records Officer may appoint a
designee to fulfill responsibilities of the Public Records Officer.
4.1.4 The Public Records Officer or designee shall oversee Jefferson County's
compliance with the Public Records Act and shall serve as primary point of
contact for records access.
4.1.5 The Public Records Officer or designee shall have the following
responsibilities:
4.1.5.1 Oversee compliance with Chapter 42.56 RCW;
4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's
response when a request involves multiple record holders, is broad
in scope, or is otherwise complicated to fulfill;
4.1.5.3 Route requests to appropriate Records Liaisons in possession of
records;
�9S%11NG��2
Jefferson County Public Records Act Compliance Policy Page 13 of 36
t
4.1.5.4 Serve as a resource and provide training, technical advice, and
instruction to Records Liaisons and other staff on topics related to
disclosure of records;
4.1.5.5 Maintain a list of department Records Liaisons and Backup
Records Liaisons who are designated to accept and fulfill requests
for disclosure of records on a regular basis;
4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of
records requests;
4.1.5.7 Approve forms, web portals or software for use in processing
records requests;
4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal
updates and policy changes affecting records requests;
4.1.5.9 Collect and analyze relevant information related to Jefferson
County's performance of records disclosure;
4.1.5.10 Maintain the required information and comply with the best
practices annual reporting requirements contained in Chapter
40.14 RCW;8 and,
4.1.5.11 Maintain information relating to records on Jefferson County's
website.
4.1.6 Not every request must be addressed to the Public Records Officer, nor is it
intended that fulfillment of every request will be done by the Public Records
Officer or designee. In the interest of providing effective access to records,
the Public Records Officer or designee may refer parties requesting records
to a Records Liaison, as appropriate.
4.1.7 Forms or web portals to request records shall be approved by the Public
Records Officer or designee for general use by staff. As needed, the Public
Records Officer or designee may approve alternate request forms or web
portals that are specialized for request of records with unique statutory
considerations, such as law enforcement records.
4.1.8 The Public Records Officer or designee shall comply with statutory logging
and reporting requirements under Chapter 40.14 RCW.9
s See Chapter 40.14 RCW.
9 See Chapter 40.14 RCW.
tJefferson County Public Records Act Compliance Policy Page 14 of 36
4.2 Chief Civil Deputy Prosecuting Attorney.
4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is
the legal advisor to Jefferson County and all its officers in all matters
relating to their official business.
4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting
Attorney shall be the primary legal advisor to Jefferson County, including
its Public Records Officer and designee, Records Liaisons, and other staff.
Other attorneys from the Prosecuting Attorney's Office may also provide
legal advice regarding public records requests.
4.3 Records Liaisons and Backup Records Liaisons.
4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons
in every department of Jefferson County to assist the public in obtaining
access to records. Each elected official and department director shall
designate at least one Records Liaison and one Backup Records Liaison.
Each department will inform the Public Records Officer or designee of all
Records Liaisons and Backup Records Liaisons.
4.3.2 Under the oversight of the Public Records Officer or designee, Records
Liaisons may accept requests for records in the possession of their
respective departments and may respond to requestors in accordance with
the requirements of state law and this Policy, including properly logging
and tracking all records requests received by their departments.
4.3.3 In consultation with the Public Records Officer or designee, Records
Liaisons may communicate directly with requestors, forward requests to
other Jefferson County employees as necessary, compile requested records,
copy requested records, arrange for the supervised public inspection of
requested records, and maintain files and logs of official requests fulfilled
by the department.
4.3.4 Records Liaisons shall report metrics of public records disclosure activity
to the Public Records Officer or designee, in accordance with RCW
40.14.026
4.4 Training and Updates.
The Public Records Officer or designee, or the Prosecuting Attorney's Office shall
distribute updates and provide training as appropriate on laws, legal precedents, and
policy changes affecting fulfillment of records requests, as appropriate.
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5.0 Public Records Requests
5.1 Format of Requests.
5.1.1 No official format is required for making a records request.lo
5.1.2 Jefferson County recommends that requestors make requests in writing,
using Jefferson County's approved submittal form or approved web portal.
5.1.3 When a request is received that does not include information sufficient to
respond to the request, staff may attempt to obtain clarification immediately
and/or recommend that the requestor complete and submit a form to provide
information more accurately needed to identify records or respond
effectively.
5.1.4 If a requestor chooses to submit a non -written oral request, staff shall
transcribe the request and attempt to obtain verification from the requestor,
preferably in writing, that the transcription correctly memorializes the
request, and consult with the Public Records Officer or designee, as
necessary, to ensure an appropriate response. Regardless of whether
verification in writing is obtained, staff shall fulfill the request as it is
transcribed.
5.2 Fair Notice of Records Request.
5.2.1 Any Jefferson County staff may accept records requests. If presented with
a request, staff shall bring it to the attention of a Records Liaison
immediately or at the earliest opportunity.
5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice
that a Public Records Act request has been made. Oral records requests,
especially when presented to agency staff other than the Public Records
Officer or designee, should include reasonable and clear notice that a Public
Records Act request has been made.
5.2.3 To give Jefferson County fair notice of what is being requested under the
Public Records Act, requestors are encouraged to make written requests
using Jefferson County's approved submittal forms or approved web portal,
and/or take other steps to identify their request clearly as a records request.
For example, when a request is submitted with other documents not related
to disclosure of records, the requestor is responsible for providing
reasonable notice that a records request is included.
10 See RCW 42.56.080(2).
V
Jefferson County Public Records Act Compliance Policy Page 16 of 36
5.3 Lists of Individuals.
5.3.1 Requests for records that include lists of individuals require a signed
certification by the requestor that such lists shall not be used for commercial
purposes.
5.3.2 A certification provision is included on Jefferson County's official records
request form.
5.3.3 The Public Records Officer or designee may do research to confirm that the
request is not for commercial purposes. However, before denying a request
for records on the basis that the request is for commercial purposes, the
Public Records Officer or designee shall consult with the Prosecuting
Attorney's Office.
5.4 Bot Requests.
Jefferson County may deny a Bot Request that is one of multiple requests from the
requestor within a twenty -four-hour period, if responding to the multiple requests
would cause excessive interference with other essential operations of Jefferson
County. l i
6.0 Jefferson County Response to Public Records Requests
6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request.
6.1.1 When the request is not received in writing, staff shall communicate the
request and the response to the Public Records Officer or designee for
purposes of complying with the logging and reporting requirements
contained in Chapter 40.14 RCW. 12
6.1.2 Date of receipt shall be recorded on the face of each record request and the
request forwarded to the Public Records Officer or designee by electronic
means.
6.1.3 If staff does not have immediate capability to forward the request to the
Public Records Officer or designee, staff shall inform and provide the
supervisor or Records Liaison with the request for immediate transmittal to
the Public Records Officer, or designee, as soon as is practicable.
6.1.4 Until the Public Records Officer or designee provides confirmation, the
records request is the responsibility of their department supervisor or
Records Liaison.
" See RCW 42.56.080(3).
12 See Chapter 40.14 RCW.
VJefferson County Public Records Act Compliance Policy Page 17 of 36
6.1.5 Records Liaisons shall advise department record holders of the five (5) day
response deadline when forwarding records requests and consult with
record holders when estimating the fulfillment date.
6.2 Requests for "All Records" is Insufficient.
6.2.1 The Public Records Act requires that requests be for identifiable records.
6.2.2 A request for all or substantially all records prepared, owned, used, or
retained by an agency is not a valid request for identifiable records under
Chapter 42.56 RCW or this Policy, provided that a request for all records
regarding a particular topic or containing a particular keyword or name shall
not be considered a request for all of Jefferson County's records. 13
6.2.3 Requests for "all records relating to," "all records regarding," or "all records
pertaining to" are inherently ambiguous and requestors are encouraged to
avoid using such terms when possible to avoid unnecessary delays.
Requests for "all records relating to," "all records regarding," or "all records
pertaining to" may be interpreted to mean those records that directly and
fairly address the topics that are reasonably identifiable by the Records
Liaison fulfilling the request. A Records Liaison may seek clarification of
any such request following the procedure prescribed in Section 6.4.3.
6.3 Prompt Response Required.
6.3.1 Staff shall communicate the request and response to the Public Records
Officer or designee for purposes of complying with the logging and
reporting requirements contained in Chapter 40.14 RCW. 14
6.3.2 Staff shall respond promptly to requests for records in accordance with the
requirements of RCW 42.56.520 and this Policy. The deadline for initial
response to the records request is five (5) business days after receipt of the
request. The five (5) business -day response period begins on the business
day immediately following receipt of the request.
6.3.3 Jefferson County shall honor requests for identifiable records that are
received by any mode of communication during normal business hours,
including by telephone, by mail, by email, by web portal, or in person. 15
6.3.4 Requests for identifiable records received after normal business hours shall
be considered received on the next business day.
6.3.5 Records requests will be processed in the order that provides the timeliest
response. Requests may be fulfilled in the order of receipt, so long as easily
is See RCW 42.56.080(1).
is See Chapter 40.14 RCW.
is See RCW 42.56.080(2).
V
Jefferson County Public Records Act Compliance Policy Page 18 of 36
fulfilled requests are not postponed behind larger or more complicated
requests, strictly because they were received later.
6.3.6 Initial responses, installment responses, and final responses from staff to
requests for records shall be made in writing and may be by fax, letter,
notation on a request form, or email.
6.4 Tues of Five (5) Day Responses.
The initial response to the requestor shall be made in writing within five (5)
business days of receipt of a request, shall acknowledge receipt of the request, shall
provide the requestor a list of department(s) to which the request was routed and
may take one of the following types:
6.4.1 Provide Records: Provide the requested records, when possible.
6.4.2 Direction to Online Documents:
6.4.2.1 If the records requested are available via Jefferson County
website, staff may provide a direct link to the requestor to the
online documents.
6.4.2.2 However, if the requestor notifies Jefferson County the requestor
cannot access the records through the internet, then Jefferson
County shall provide copies of the record or allow the requestor
to view copies using a Jefferson County computer. 16
6.4.3 Clarification of Requests:
6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson
County may ask the requestor in writing to provide clarification,
and will provide, to the greatest extent possible, a reasonable
estimate of the time Jefferson County will require to respond to
the request if it is not clarified. 17
6.4.3.2 Clarification shall focus on information needed to identify
responsive records.
6.4.3.3 All clarifications should be in writing but may be oral. In the case
of oral clarification, staff involved in the conversation shall
document the clarification in writing and include the information
in the request file.
6.4.3.4 When appropriate, as part of the clarification process, staff may
work with the requestor to find ways to narrow the request. When
16 Required by RCW 42.56.520(1)(b).
17 See RCW 42.56.520(1)(d).
4�`v�N .„rOG2
Jefferson County Public Records Act Compliance Policy Page 19 of 36
!f9`SHIN(i��2
a requestor agrees to narrow a request, nothing prevents the
requestor from later expanding the request back to its original
scope. In such a case, staff may create a new estimate of
reasonable time required to respond that corresponds to the
expanded request.
6.4.3.5 If staff is unable to identify with confidence the records sought by
a requestor, or when a request appears to be overly broad and
unsuccessful attempts have been made to obtain clarification from
the requestor, staff shall consult with the Prosecuting Attorney's
Office who shall review the request and provide direction to staff
regarding its fulfillment. Staff may also consult with the Public
Records Officer or designee on such requests.
6.4.3.6 If the requestor fails to respond to a request for clarification, and
the entire request for records is unclear, Jefferson County need not
respond to the request for records. In such case, Jefferson County
should advise the requestor that if the requestor fails to provide
clarification as requested within 30 days the request will be
considered closed.
6.4.3.7 In all events, Jefferson County must respond to those portions of
the request for records that are clear. 18
6.4.4 No Responsive Records:
6.4.4.1 An initial written response may state that Jefferson County does
not have records responsive to the request. If no records
responsive to the request exist, the initial response should inform
the requestor and state that it is the final, definitive response.
6.4.4.2 If Jefferson County does not have records responsive to the
request, the initial response may direct the requestor to another
agency believed to have the records requested.
6.4.5 Provide a Reasonable Estimate of Time Required to Respond:
6.4.5.1 If the initial response does not include copies of the requested
records, Jefferson County shall provide in writing a reasonable
estimate of time required to respond to the request.
6.4.5.2 Additional time required to respond to a request may be based
upon the need to clarify the intent of the request, to locate and
assemble the information requested, to notify Persons in Interest,
other departments or employees of Jefferson County, or other
agencies affected by the request, or to determine whether any of
18 See RCW 42.56.520(3)(b).
Jefferson County Public Records Act Compliance Policy Page 20 of 36
the information requested is exempt and that a denial should be
made as to all or part of the request.
6.4.6 Installments: An initial response may propose fulfilling large or
complicated requests on an installment basis and provide a written
estimated timeframe for preparation of the first installment.
6.4.7 Written Denial:
6.4.7.1 An initial response may be a written denial of the request based
on exemptions under federal or state law.
6..4:6.4.7.2 If there is any question as to whether any record, or any
portion of a record, should be exempt from production and
therefore should be denied from production to any requestor (by
withholdiniz or redaction), a Records Liaison shall consult the
Prosecuting Attorney's Office or the Public Records Officer or
designee, and shall give them the opportunity to inspect the
subject record(s) before any such denial of production is conveyed
to the requestor.
6..4.6.4.7.3 _A written statement of the specific reasons for the denial
must accompany any denial of a records request.19 Any denial
should inform the requestor that it is the final, definitive response.
6.4.E .36.4.7.4 See Sections 6.15 through 6.18 of this policy for additional
information regarding_ exemptions and the withholding or
redactingof f responsive records.
6.5 Final, Definitive Response.
Records Liaisons shall provide to every requestor a final, definitive response,
confirming that Jefferson County does not intend to provide any further response
to the records request. The final, definitive response shall be provided after
investigation has determined that:
6.5.1 No records exist that are responsive to the request; or,
19 See RCW 42.56.520(4).
V
Jefferson County Public Records Act Compliance Policy Page 21 of 36
6.5.2 All records responsive to the request that are not being withheld under a
valid exemption have been provided; or,
6.5.3 The final installment of records responsive to the request that are not being
withheld under a valid exemption have been provided.
6.6 Requests to Create Records or Convert Records to a Different Format or Medium.
6.6.1 This Policy shall not obligate staff to create electronic or other records, or
to convert electronic records into a format or medium in which the records
are not already maintained.
6.6.2 When asked by a requestor to convert an electronic record into a different
format, staff is encouraged to do so when reasonable and technologically
feasible, provided such conversion is not unduly burdensome and does not
interfere with essential operations. 20
6.6.3 Requestors may request paper copies of electronic records subject to
applicable printing charges adopted by Jefferson County.
6.7 Responses to Requests are Records Themselves and Must Be Maintained.
Responses to requests for records, including responses by email, become records,
subject to the provisions of the Public Records Act and the retention requirements
of the Office of the Secretary of State, and shall be maintained accordingly.
6.8 Requests for Personnel and Employment Records.
Human Resources shall review all personnel and employment records prior to
release.
6.9 Requests for Court Records.
Although not covered under the Public Records Act or under this Policy, any
records request received by Jefferson County Superior Court or District Court for
other Jefferson County department records shall be forwarded to the Public Records
Officer or designee immediately upon receipt.
6.10 Locating Responsive Records.
6.10.1 Staff shall make a reasonable effort to identify and locate all responsive
records.
6.10.2 When identifying records, the Records Liaison or Public Records Officer or
designee may ask the requestor for clarification or refinement of the request,
as discussed in Section 6.4.3.
20 See WAC 44-14-01002.
Jefferson County Public Records Act Compliance Policy Page 22 of 36
/ L �
6.11 No Requirement to Create New Records to Respond to A Records Request.
6.11.1 Records Liaisons and staff are not required to create new records in
response to a request for records, but may, when deemed feasible, tailor
existing informational databases or indexes to provide a report responsive
to a request that otherwise would not be produced in the normal course of
business.
6.11.2 The determination of the feasibility of creating such reports shall consider
the ability to redact or withhold exempt information.
6.11.3 When the production of a tailored report requires additional resources such
as customized programming or fact -specific analysis, or would otherwise
interfere with other essential operations, Jefferson County is not required to
produce such tailored reports but should instead consult with the requestor
to determine if a Customized Electronic Access Service is necessary and
should be charged.
6.12 Request for Records that No Longer Exist.
Jefferson County only is required to provide records that exist at the time a request
is made.
6.13 Agreements in Response to Voluminous or Frequently Occurring Requests.
Jefferson County may enter into any contract, memorandum of understanding, or
other arrangement with a requestor in response to a voluminous or frequently
occurring request. An agreement of this type may also include an alternative cost
arrangement to the charges authorized in this Policy. 21
6.14 Immediate Provision or Inspection of Records "Over the Counter."
6.14.1 Staff may respond immediately to oral requests for records without the need
for completion of a written request, entry into a request log, or a written
response by Jefferson County when all the following conditions exist:
6.14.1.1 The requested records are easily accessible to staff;
6.14.1.2 Staff can fulfill the request without referring it to Records
Liaisons or the Public Records Officer or designee; and,
6.14.1.3 The request is not for records that are subject to withholding or
redaction due to diselestife exemptions or
confidentiality considerations.
21 RCW 42.56.120(4)
9SH1NC'�O W N o0
=4 GyK Jefferson County Public Records Act Compliance Policy Page 23 of 36
4- ?
6.14.2 When a request is received in writing and the requested records are provided
to the requestor in-person at the time of the request, a separate written
response by staff is not required. In such cases, a notation shall be made on
or attached to the request listing the identity of the requestor, if provided,
the records produced, the costs charged, if any, the name of the staff
providing the records, and the date of fulfillment.
6.15 Exemptions from Dise4estffeProduction.
6.15.1 Requested records may be subject to exemption from diselesuFe—production
under the Public Records Act or other statutes.
6.15.2 Some records may contain specific content that is exempt from
diselestffeproduction. The presence of exempt information does not
necessarily exempt an entire record from diselesefeproduction.
6.15.3 Common exemptions are listed in Section 6.18.1.
6.16 Withholding or Redacting Records Based on Exemptions.
6.16.1 Requested records only may be withheld or redacted consistent with
statutory requirements, which shall be documented for the requestor in
accordance with the requirements of RCW 42.56.210.
6.16.2 Record holders and/or departments are responsible for identifying potential
exempt records or records that contain potentially exempt information.
6.16.3 Record holders and/or departments are primarily responsible for performing
any redactions of exempt information that are deemed necessary from their
own departmental records.
6.16.4 If there is any question as to whether records or portions of records subject
to a request are exempt from diselesufeproduction, the Records Liaison
shall consult the Public Records Officer or designee and the Prosecuting
Attorney's Office, who may inspect the subject records before authorizing
the diselestweproduction to the requestor.
6.16.5 Departments may adopt standard procedures for withholding or redacting
portions of commonly requested exempt records.
6.16.6 When records are withheld or redacted, consistent with the requirements of
RCW 42.56.210, the requestor shall be inferred -provided, in writing, of -the
a brief explanation of the reason(s) that information has been withheld or
redacted. .
Jefferson County Public Records Act Compliance Policy Page 24 of 36
6.17 Explanation of Exemptions42M.
6.17.1 An explanation of exemptions -log shall
lis4ing the infefmafienA4"eld and identify the record, (2) cite the statute
that the exemption is based upon. and (3) provide a brief explanation of
the statutory basis for each redaction or reeer- ,,,idAe'awithholding of a
record.
6.17.2 Individual occurrences of the same redaction may be listed generally in
the explanation of exemptions—leg. For example, an explanation of
exemptions leg -need not list separately every occurrence of the redaction
of an individual's social security number but may list one time that the
number has been redacted throughout the record.
6.18 Summaries of Common Exemptions.
6.18.1 The following are summaries of common exemptions relied on by
Jefferson County:
6.18.1.1 Personal information in files maintained for elected officials and
Jefferson County employees to the extent that diselesufe
production would violate their right to privacy, including but not
limited to addresses, phone numbers, Social Security numbers,
driver license numbers, voluntary deductions, marriage status,
information about dependents, and any garnishment deductions
(RCW 42.56.230(3) and RCW 42.56.250(3));
6.18.1.2 Preliminary drafts, recommendations, and intra -agency
memoranda in which opinions are expressed or policies
formulated or recommended, except that specific records shall not
be exempt when publicly cited by Jefferson County in connection
with any Jefferson County action (RCW 42.56.280);
6.18.1.3 All applications for public employment, including the names of
applicants, resumes, and other related materials submitted with
respect to an applicant (RCW 42.56.240(1)); and,
6.18.1.4 Personal information to include performance evaluations in files
maintained for employees, appointees or elected officials to the
extent production would violate their right to privacy (RCW
42.56.230(3) and RCW 42.56.050).
6.18.1.5 Records in investigative files, including police and code
enforcement investigations, to the extent that non-diselesete
production is essential for effective law enforcement or for the
protection of any person's right to privacy (RCW 42.56.240(11)
F4w�oH X002
Jefferson County Public Records Act Compliance Policy Page 25 of 36
6.18.1.6 Identifying information of victims or witnesses of crimes under
certain circumstances (RCW 42.56.240(2) and (D);
6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290);
6.18.1.8 Records reflecting communications between attorneys and
Jefferson County employees where legal advice is sought or
received (RCW 5.60.060(2));
6.18.1.9 Records that are protected by trade secrets law (RCW 19.108);
and,
6.18.1.10 Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by Jefferson County
within five years of the request for disclosure when diselesere
production would produce private gain and public loss (RCW
42.56.270(1)).
6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to
assert any exemptions permitted by law when Jefferson County determines
that such exemption applies and that rdis serves the public
interest.
6.19 Inspection of Responsive Records.
6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of,
staff making copies and should be encouraged to do so, especially when the
volume of records is large. Inspection prior to copying may serve to narrow
the scope of the request and can be useful for identifying and providing the
appropriate responsive records to requestors.
6.19.2 Requestors may make arrangements with the Public Records Officer or
designee, or a Records Liaison, to inspect records on Jefferson County
premises during normal business hours at a mutually convenient time. Staff
shall make every effort to accommodate reasonable requests for
appointment times, provided the appointments do not interfere with
essential department functions and ensure the security of records during
inspection. Jefferson County must take reasonable precautions to protect
records from damage and disorganization, which may include assigning
individuals to be present during review of public record originals.
6.19.3 The Records Liaison fulfilling the request shall provide for the security of
records during inspection, which shall be supervised by staff as deemed
appropriate. Requestors shall return all records inspected to the Records
Liaison in the condition and order they were provided. Records shall not
be altered in any way, rearranged, or removed from folders or removed from
Jefferson County premises during inspection. A requestor may flag selected
pages for copying but shall not alter the original record.
4���gOti 'COG2
Jefferson County Public Records Act Compliance Policy Page 26 of 36
6.19.4 Requesters may not attach devices or cables to Jefferson County systems or
equipment. Because of the potential for introducing a threat to the security
of or otherwise damaging Jefferson County systems or equipment, Jefferson
County does not allow requesters to attach or insert their own devices or
cables into any Jefferson County computer system, equipment, or a USB
port. Copying of records from a Jefferson County system or equipment will
be done by staff. The requester must reimburse the Jefferson County's cost
for the storage media, and such copying will be done by staff.
6.19.5 Jefferson County reserves the right to make copies of records for inspection
rather than provide the original records for inspection.
6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson
County, excessively interfere with operations, or be unreasonably disruptive
or disrespectful to staff."
6.20 Electronic Records.
6.20.1 Records available in electronic form that do not require redaction may be
provided to a requestor in native format unless the requestor specifically
asks that they be provided in paper or other form.
6.20.2 When requested and deemed feasible, electronic records may be converted
from one format to another provided such conversion is not unduly
burdensome to staff.
6.20.3 The copy created of a translation of an electronic record into an alternative
electronic format at the request of the requestor does not constitute a new
record.2s
6.20.4 Scanning paper records to make electronic copies of the records is a method
of copying paper records and does not amount to the creation of a new
record.24
6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy,
Jefferson County may charge the requestor the actual cost of the electronic
production or file transfer of the record, the use of any cloud -based data
storage and processing service, the cost of transmitting records in an
electronic format, and the cost of any physical transmission device provided
by Jefferson County.25
22 See WAC 44-12-01022.
21 See RCW 42.56.120(1).
24 See RCW 42.56.120(1).
21 See RCW 42.56.070(7).
VJefferson County Public Records Act Compliance Policy Page 27 of 36
6.21 Installments.
6.21.1 If appropriate, records requests may be fulfilled in installments to provide
the fullest assistance to requestors.
6.21.2 Installments are subject to the same deadlines for claiming and inspecting
records described in Section 6.21.
6.21.3 When installments are provided and are not claimed or inspected within 30
calendar days from notification of availability, Jefferson County may
postpone compilation of subsequent installments or treat the request as
abandoned and closed. In such cases, staff shall consult with the Public
Records Officer or designee before postponing compilation of an
installment, or treating the request as abandoned and closed.
6.21.4 The Public Records Officer or designee may attempt to contact the requestor
at any time prior to deeming an installment request abandoned.
6.22 Requestor Responsibilit.
6.22.1 Requestors shall arrange to inspect records or claim copies of requested
records within 30 calendar days following notification by Jefferson County
that responsive records are available for inspection or copying. The 30
calendar days begin on the business day immediately following the date of
Jefferson County's notice that the records are available and includes
weekends and Jefferson County holidays. The Public Records Officer or
designee may extend this period, as appropriate, to ensure fullest assistance
to requestors.
6.22.2 Requestors must respond to requests for clarification within 30 calendar
days of being contacted or a request may be deemed abandoned and closed.
A final, definitive response should be sent to the requestor when a request
is closed.
6.22.3 Prior to closing the request, the Public Records Officer or designee may
attempt to confirm whether the requestor still wants the requested records
but is not required to do so.
6.22.4 If a requestor fails to claim or arrange for inspection of requested records
after the expiration of the period to inspect or claim copies of requested
records, the request may be deemed abandoned and closed.
6.23 Order of Processing Requests.
To allocate resources efficiently and fairly and to provide fullest assistance to all
requesters, Jefferson County will process requests in the order that allows the
greatest number of requests from the greatest number of requesters to be processed.
`C�i50N (p!,
Jefferson County Public Records Act Compliance Policy Page 28 of 36
Requests are not always processed in the order received. Many factors likely will
affect the timeline by which requests are completed. These factors include, but are
not necessarily limited to: (a) The number of pending requests; (b) A large number
or volume of records requested; (c) The complexity of a request; (d) The clarity of
a request; (e) Whether the IT Department must be engaged; (f) Whether the records
are not easily identified, located or accessible; (g) levels of current staffing; (h)
Whether research is required; (i) The amount of time needed by staff whose primary
responsibility is public records; 0) The number of departments involved; (k) The
number of employees who may have responsive records; (1) Whether third -party
notice will be given; (m) Whether review for exemptions is required; (n) Whether
redactions are required; (o) Whether legal review is required; and, (p) Whether
records retention review is required.
6.24 Allocating Specific Amounts of Time and Resources.
To provide fullest assistance to all requesters and to prevent excessive interference
with other essential operations, the Jefferson County Departments may allocate
specific amounts of time and resources to responding to a request. This may
include, but is not limited to, allocating a specific number of hours per week or
month to be spent by the Public Records Officer or other employees for whom
responding to records requests is not their primary duty.
6.25 Multiple Requests by the Same Re uestor.
6.25.1 When a requestor makes one or more additional requests when a previous
request from the same requestor is still open or when the requestor
simultaneously submits multiple, separate requests, staff may queue the
requests in any order that is deemed practical for the purposes of providing
timely and full responses to each request, while also maintaining Jefferson
County's duty to respond in like fashion to all other requestors or to prevent
disruption of other essential governmental functions and responsibilities.
This may include queuing the requests in the order received.
6.25.2 Staff is not required to work on an additional request from the same
requestor who has an open previous request until the initial requests are
completed and closed.
6.25.3 Requestors with multiple open requests may request that the Public Records
Officer or designee reprioritize the requests.
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K Jefferson County Public Records Act Compliance Policy Page 29 of 36
�9`sHIN ,�02
6.26 Requests Log,
6.26.1 The Public Records Officer or designee shall maintain a log of records
requests received by Jefferson County that shall include at a minimum: 26
6.26.1.1 Identity of the requestor if provided by the requestor;
6.26.1.2 Date of receipt of the request;
6.26.1.3 The text of the original request;
6.26.1.4 A description of the records produced in response to the request;
6.26.1.5 A description of the records redacted or withheld and the reasons
for redacting or withholding the records; and,
6.26.1.6 Date of final disposition of the request.
6.26.2 The log must be retained by the agency in accordance with the relevant
record retention schedule established under Chapter 40.14 RCW, and shall
be a record subject to disclosure under chapter 42.56 RCW.21
6.26.3 The log may be created or maintained using collaborative records request
management software.
6.27 Preservation of Request Clarifications and Search Efforts.
For each public records request, a Records Liaison shall prepare and maintain a
description of any request clarifications obtained from the requestor, and of search
efforts performed to acquire the requested records.
7.0 Records Retention Required
7.1 Retention of Public Records Request Records.
Public records requests, records request response files and associated logs are
considered a record subject to disclosure and retention in accordance with the
requirements of the Washington State Local Government Common Records
Retention Schedule.
7.2 Records in Request Files that Must Be Maintained.
7.2.1 When requested records are redacted, the Records Liaison shall keep a copy
of the redacted records and the un -redacted records for the request file.
26 See Chapter 40.14 RCW.
27 See Chapter 40.14 RCW.
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Jefferson County Public Records Act Compliance Policy Page 30 of 36
7.2.2 A listing only of the redacted records provided to the requestor is not
sufficient in accordance with the provisions of the official state records
retention schedules.
7.3 Archiving and Destruction of Public Records Request Records.
Within the time required by the Washing State Local Government Common
Records Retention Schedule, GS2010-014, after a final, definitive response has
been sent to the requestor, the Records Liaison shall communicate with the Public
Records Officer or designee to determine whether the request file should be
archived or destroyed.
8.0 Compliance with Best Practices Annual Reporting Requirements
The Public Records Officer or designee shall comply with the best practices annual reporting
requirements contained in RCW 40.14.026.Za
9.0 Administrative Review
9.1 No Final Decision Until Review Under this Section.
Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c)
failure provide a reasonable estimate for providing a record; (d) or, failure to assess
a reasonable charge for a record becomes final only after review is completed under
Section 9. No lawsuit to review the action taken, compel the production of a record,
or impose a penalty or attorney fees shall be brought before the administrative
remedies set out in this section have been exhausted.
9.2 Petition for Review.
Any person who objects to any action described in Section 9.1, may petition for
prompt review of such action by submitting a written petition for review to the
Chief Ciyil -`e Prosecuting Attorney's Office and the Public Records Officer.
The written request for review shall refer specifically to any written statement that
accompanied the action for which review is sought.
9.3 Deadline for to Affirm or Reverse, After Petition for Review.
The Chief Civil D Prosecuting Attorney's Office shall consider the petition
for review and shall either reverse or affirm the denial within two (2) business days
of receipt of the petition for review. The two business -day response period begins
on the business day immediately following receipt of the petition for review.
Jefferson County and the requestor may mutually agree to a longer period for
consideration of a petition for review.
21 See Chapter 40.14 RCW.
K Jefferson County Public Records Act Compliance Policy Page 31 of 36
4- 2
9SHlN��
9.4 Effect of Reversal Based on Petition for Review.
If the decision is reversed, the Public Records Officer or designee shall make the
subject records available to the requestor for inspection in accordance with the
provisions of this Policy.
9.5 Final Decision, If Affirmed.
If the Chief f ' iyi Deputy -Prosecuting Attorney's Office affirms the decision, the
decision shall be considered Jefferson County's final action for the purposes of
judicial review. Administrative remedies shall not be considered exhausted until
the Chief of /" iyi no _Prosecuting Attorney's Office has made a written decision,
or until the close of the second business day following receipt of the written petition
for review, whichever occurs first.
10.0 Costs for Public Records
The costs for public records has been set by Jefferson County Ordinance No.
requirements of Jefferson County Ordinance No.
of convenience.
10.1 Inspection Only
There is no charge for inspection of records.
10.2 Records Already on Jefferson County Website.
The
are repeated below for purposes
Jefferson County will not charge any costs for access to or downloading of records
that it posts on Jefferson County's website prior to receipt of a request, unless the
requestor has specifically requested that Jefferson County provide copies of these
records through other means. 29
10.3 Statutory Basis.
Fees for the provision of responsive records will be in accordance with RCW
42.56.120.
10.4 Calculation of Costs.
Except as stated below, Jefferson County has determined that the calculation of
actual costs it charges for providing records would be unduly burdensome. Due to
limited staffing resources such a study would interfere with other essential agency
functions. Therefore, to implement a cost schedule consistent with the Public
Records Act, it is more cost efficient, expeditious and in the public interest for
Jefferson County to adopt the state legislature's approved fees and costs for most
of Jefferson County's records, as authorized in RCW 42.56.120 and as published
29 See RCW 42.56.120(2)(e).
ON r
Jefferson County Public Records Act Compliance Policy Page 32 of 36
in the Jefferson County Public Records Request Cost Schedule. 30 These fees shall
go into effect immediately pon approval and apply to all pending Public Records
Act requests.
10.4.1 For the avoidance of doubt the term "electronic file" as used in RCW
42.56.120(2)(b) iii) for emails, means each discrete email and each discrete
attachment to an email.
10.4.2 Jefferson County will charge the actual cost for the following:
10.4.2.1 Digital storage media or device provided by Jefferson County; 31
10.4.2.2 Containers or envelopes used to mail copies to the requestor; 32
10.4.2.3 Any postage or delivery charge; 33
10.4.2.4 Photocopies, printed copies of electronic records on paper sizes
larger than 8.5" x 14";
10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or
larger color copies, if Jefferson County:
10.4.2.5.1 Notifies the requestor of the outside vendor costs to be
applied to the Request, including an explanation of why
the outside vendor cost is necessary and a reasonable
estimate of the charge; and
10.4.2.5.2 Provides the requestor an opportunity to amend the
request to avoid or reduce the cost of the outside vendor.
10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson
County:Estimates that a request would require the use of information
technology expertise to prepare data compilations, or provide customized
electronic access services when the compilations or records created by the
customized electronic access services are not used by Jefferson County for
its other purposes; 34
10.4.3.2 Notifies the requestor of the Customized Electronic Access
Service Charge to be applied to the request, including an
explanation of why the charge applies, a description of the
30 See RCW 42.56.120(2)(b).
31 See RCW 42.56.120(2)(b)(v).
32 See RCW 42.56.120(2)(b)(v).
33 See RCW 42.56.120(2)(b)(v).
14 See RCW 42.56.120(3)(a).
V
Jefferson County Public Records Act Compliance Policy Page 33 of 36
specific expertise required, and a reasonable estimate of the
charge; 35 and,
10.4.3.3 Provides the requestor an opportunity to amend the request to
avoid or reduce the cost of a Customized Electronic Access
Service Charge. 36
10.4.4 Charges may be combined if more than one type of charge applies to
copies produced in response to a request.37
10.4.5 Jefferson County may enter into any contract, memorandum of
understanding, or other arrangement with a requestor that provides an
alternative cost arrangement to the charges authorized in this Policy, or in
response to a voluminous or frequently occurring request.38
10.5 Cost Schedule.
A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix
A of Ordinance is attached to this Policy. The cost schedule also shall be codified
in the Jefferson County Code Appendix Fee Schedules, and shall be updated
administratively by the Clerk of the Board to incorporate changes in the costs in
RCW 42.56.120, as presently enacted or as may be amended by in the future. A
copy of an updated cost schedule also shall be maintained on the Public Records
portal on the Jefferson County website and shall be posted at the Jefferson County
Commissioners' Office. The costs for the provision of public records are not subject
to indexing pursuant to Ordinance No. 12-96.
10.6 Deposit.
A deposit of up to ten (10) percent of the estimated total cost of providing copies
for a request, including a customized service charge, 39 may be required by Jefferson
County before records are copied. When requested records are provided on an
installment basis, costs shall be collected for copies prior to provision of the next
installment. Failure to pay for an installment shall place compilation of subsequent
installments on hold.
10.7 Failure to Fulfill Payment Requirements
If payment arrangements are not made within 30 calendar days of notice that
records are available, the entire request may be deemed abandoned and closed. A
reasonable attempt shall be made by the Public Records Officer or designee, or a
"See RCW 42.56.120(3)(b).
36 See RCW 42.56.120(3)(b).
37 See RCW 42.56.120(2)(c).
38 See RCW 42.56.120(4).
39 See RCW 42.56.120(4).
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Jefferson County Public Records Act Compliance Policy Page 34 of 36
Records Liaison, to contact the requestor prior to deeming a request abandoned and
closed.
11 Limitations
11.1 No Additional Leizal Rights.
This Policy does not create legal rights beyond those obligations and rights created
by statute or other laws binding on Jefferson County.
11.2 Statutory Requirements and Best Practices.
11.2.1 The provisions of federal and state law control, if there is any conflict with
this Policy.
11.2.2 This Policy includes both statutory requirements and best practices.
11.2.3 Except where mandated by statute, any duties identified in this Policy are
discretionary or advisory only and shall not impose any affirmative duty on
Jefferson County.
11.3 No Additional Duty That is Not Already posed by Law.
No provision nor any term used in this Policy is intended to impose any duty
whatsoever upon Jefferson County or any of its officers or employees, not already
imposed by law.
11.4 No Basis for Liability.
This Policy is not intended to and shall not be construed to create or form the basis
of any liability on the part of Jefferson County, or its officers, staff, or agents, for
any injury or damage resulting from any action or inaction on the part of Jefferson
County related in any manner to the enforcement of this Policy by its elected
officials, officers, staff, or agents.
Jefferson County Public Records Act Compliance Policy Page 35 of 36
12.0 Amendments and Corrections
12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise
or change this Policy at any time.
12.2 The Clerk of the Board is authorized to make necessary technical, non -substantive
corrections to this Policy including, but not limited to, the correction of scrivener's
or clerical errors, references, numbering, section/subsection numbers and any
references to them.
13.0 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining
parts of this Policy.
14.0 References
Chapter 42.56.RCW
Chapter 40.14 RCW
Chapter 82.12 RCW
Chapter 44-14 WAC
Chapter 434-615 WAC
Washington State Local Government Common Records Retention Schedule
Adopted by Resolution No. on the date of , 2017.
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Jefferson County Public Records Act Compliance Policy
Proposed Public Records Request Cost Schedule:
36 of 36
Public Records Request Cost Schedule40
Actual cost
Customized Electronic Access Service Charge (in addition to fees for
copies — see copying fees below).
Copies:
15 cents/page
Photocopies, printed copies of electronic records (on paper sizes no
larger than 8.5" x 14") when requested by the requester, or for the use of
agency equipment to make photocopies.
10 cents/page
Scanned records or use of agency equipment for scanning.
5 cents/each 4
Records uploaded to email, or cloud -based data storage service, or other
electronic files or
means of electronic delivery. For the avoidance of doubt, the term
attachment
"electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means
each discrete email and each discrete attachment to an email.
10 cents/gigabyte
Records transmitted in electronic format or for use of agency equipment
to send records electronically.
Actual cost
Digital storage media or devices.
Actual cost
Any container or envelope used to mail copies.
Actual cost
Postage or delivery charges.
Actual cost
Photocopies, printed copies of electronic records on paper sizes larger
than 8.5" x 14".
T Copy charges above may be combined to the extent that more than one type of charge applies
to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not
supersede any fees for copying public records authorized by other statutory provisions, other
than Chapter 42.56 RCW.
For any individual request, total costs up to and including $X.XX shall be waived.
" See RCW 42.56.120(2).
ATTACHMENT TWO TO AGENDA REQUEST
STATE OF WASHINGTON
County of Jefferson
In the Matter of Updating the Jefferson) ORDINANCE NO.
County Public Records Compliance Policy
Whereas, Chapter 42.56 RCW, the Washington Public Records Act requires that public
agencies publish rules to provide public access to public records; and,
Whereas, in furtherance of the requirements of Chapter 42.56 RCW, Jefferson County
adopted Resolution 39-06 on June 27, 2006 to govern the response to requests for public records
in all Jefferson County departments and offices; and,
Whereas, effective July 23, 2017, the Washington Legislature amended Chapter 42.56
RCW, the Public Records Act, and Chapter 40.14 RCW, the Preservation and Destruction of
Public Records Act, requiring that the Jefferson County Public Records Access Policy be updated
or replaced to incorporate the changes made by the Washington Legislature; and
Whereas, the Board of County Commissioners of Jefferson County has considered the
matter at a duly -advertised public hearing and concludes that adoption of this ordinance will
further the public health, safety and welfare and will facilitate compliance with Chapter 42.56
RCW, the Washington Public Records Act, including any future changes in Chapter 42.56 RCW;
and
Now, therefore, be it ordered, resolved and decreed by Jefferson County as follows:
1.0 Purpose:
1.1 Chapter 42.56 RCW, the Washington Public Records Act, requires that public
agencies publish rules to provide public access to public records; and,
1.2 Effective July 23, 2017, the Washington Legislature amended the Public Records
Act, changing the costs which may be charged for providing records under the
Public Records Act; and,
1.3 This ordinance is to authorize Jefferson County to charge fees for the provision of
responsive records, in accordance with RCW 42.56.120.
2.0 Repeal of Resolution 39-06: Resolution 39-06, along with its attachments, is repealed.
3.0 Costs for Public Records:
3.1 Inspection Only.
There is no charge for inspection of records.
3.2 Records Already on Jefferson County Website.
Jefferson County will not charge copying costs for access to or downloading of
records that it routinely posts on Jefferson County's website prior to receipt of a
request, unless the requestor has specifically requested that Jefferson County
provide copies of these records through other means.
3.3 Statutory Basis.
Costs for the provision of responsive records shall be in accordance with RCW
42.56.120. Jefferson County hereby adopts by reference RCW 42.56.120, as
presently enacted or as may be amended in the future.
3.4 Calculation of Costs.
Except as stated below, Jefferson County has determined that the calculation of
actual costs it charges for providing records would be unduly burdensome. Due to
limited staffing resources such a study would interfere with other essential agency
functions. Therefore, in order to implement a cost schedule consistent with the
Public Records Act, it is more cost efficient, expeditious and in the public interest
for Jefferson County to adopt the state legislature's approved fees and costs for
most of Jefferson County's records, as authorized in RCW 42.56.120 and as
published in the Jefferson County Public Records Request Cost Schedule. These
fees shall go into effect immediately Upon approval and apply to all pendingPblic
Records Act requests.
3.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW
42.56.120(2)((b_)(iii) for emails, means each discrete email and each discrete
attachment to an email.
3.4.2 Jefferson County will charge actual costs for the following:
3.4.2.1 Digital storage media or device provided by Jefferson County;
3.4.2.2 Containers or envelopes used to mail copies to the requestor;
3.4.2.3 Any postage or delivery charge;
3.4.2.4 Photocopies, printed copies of electronic records on paper sizes
larger than 8.5" x 14";
2
3.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or
larger color copies, if Jefferson County:
3.4.2.5.1 Notifies the requestor of the outside vendor costs to be
applied to the Request, including an explanation of why
the outside vendor cost is necessary and a reasonable
estimate of the charge; and,
3.4.2.5.2 Provides the requestor an opportunity to amend the
request to avoid or reduce the cost of the outside vendor.
3.4.2.6 A Customized Electronic Access Service Charge, if Jefferson
County:
3.4.2.6.1 Estimates that a request would require the use of
information technology expertise to prepare data
compilations, or provide customized electronic access
services when the compilations or records created by
customized electronic access services are not used by
Jefferson County for its other purposes;
3.4.2.6.2 Notifies the requestor of the Customized Electronic
Access Service Charge to be applied to the request,
including an explanation of why the charge applies, a
description of the specific expertise required, and a
reasonable estimate of the charge; and,
3.4.2.6.3 Provides the requestor an opportunity to amend the
request to avoid or reduce the cost of a Customized
Electronic Access Service Charge.
3.4.3 Charges may be combined if more than one type of charge applies to
copies produced in response to a request.
3.4.4 Jefferson County may enter into any contract, memorandum of
understanding, or other arrangement with a requestor that provides an
alternative cost arrangement to the charges authorized in this Ordinance,
or in response to a voluminous or frequently occurring request.
C
3.5 Cost Schedule.
A current cost schedule as authorized by RCW 42.56.120 and adopted by this
Ordinance is in Appendix A of this Ordinance. The cost schedule also shall be
codified in the Jefferson County Code Appendix Fee Schedules and shall be
updated administratively by the Clerk of the Board to incorporate changes in the
costs in RCW 42.56.120, , as presently enacted or as may be amended in the future.
A copy of an updated cost schedule also shall be maintained on the Public Records
portal on the Jefferson County website and shall be posted at the Jefferson County
Commissioners' Office. The costs for the provision of public records are not
subject to indexing pursuant to Ordinance No. 12-1209-96.
3.6 Deposit.
A deposit of up to ten (10) percent of the estimated total cost of providing copies
for a request, including a customized service charge, may be required by Jefferson
County before records are copied. When requested records are provided on an
installment basis, costs shall be collected for copies prior to provision of the next
installment. Failure to pay for an installment shall place compilation of subsequent
installments on hold.
3.7 Failure to Fulfill Payment Requirements
If payment arrangements are not made within 30 calendar days of notice that
records are available, the entire request may be deemed abandoned and closed. The
Public Records Officer or designee shall make a reasonable attempt to contact the
requestor prior to deeming a request abandoned and closed.
4.0 Resolutions to Adopt Public Records Policies: The Jefferson County Board of
Commissioners may adopt policies by Resolution to implement Chapter 42.56 RCW,
which policies shall apply to all employees, elected officials, and advisory boards and
commissions of Jefferson County.
5.0 Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining parts of this ordinance.
6.0 Effective Date: This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
4
APPROVED and ADOPTED this day of 2018.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
David Sullivan, Chair
ATTEST: Kathleen Kler, Member
Carolyn Gallaway Kate Dean, Member
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
ATTACHMENT A
to Ordinance No.
(Current Cost Schedule, Subject to Change Pursuant to RCW 42.56.120)
Public Records Request Cost Schedule:
Public Records Request Cost Schedule'
Actual cost
Customized Electronic Access Service Charge (in addition to fees for
copies — see copying fees below).
Copies:
15 cents/page
Photocopies, printed copies of electronic records (on paper sizes no
larger than 8.5" x 14") when requested by the requester, or for the use of
agency equipment to make photocopies.
10 cents/page
Scanned records or use of agency equipment for scanning.
5 cents/each 4
Records uploaded to email, or cloud -based data storage service, or other
electronic files or
means of electronic delivery. For the avoidance of doubt, the term
attachment
"electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means
each discrete email and each discrete attachment to an email.
10 cents/gigabyte
Records transmitted in electronic format or for use of agency equipment
to send records electronically.
Actual cost
Digital storage media or devices.
Actual cost
Any container or envelope used to mail copies.
Actual cost
Postage or delivery charges.
Actual cost
Photocopies, printed copies of electronic records on paper sizes larger
than 8.5" x 14".
T Copy charges above may be combined to the extent that more than one type of charge applies
to copies responsive to a request. Pursuant to RCW 42.56.130the costs listed above do not
supersede any fees for copying public records authorized by other statutory provisions, other
than Chapter 42.56 RCW.
For any individual request, total costs up to and including $X.XX shall be waived.
' See RCW 42.56.120(2).