HomeMy WebLinkAbout051418_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: May 14, 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 ("BoCC") 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 BoCC 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 BoCC's further
deliberation. Staff provided the BoCC draft revisions to the proposed Resolution and
Ordinance for its April 23, 2018 deliberations, with changes shown in tracked changes.
During the BoCC's April 23, 2018 deliberations, the BoCC allowed additional written public
comments until May 4, 2018. Additional helpful public comments were provided on May 4,
2018. In Attachment 1, staff analyzed the additional public comments, and recommends that
the BoCC adopt most but not all of them. For the reasons discussed below, staff recommends
the BoCC adopt the revised Resolution and Ordinance in Attachment 2, which incorporates
many of the changes proposed in the May 4, 2018 public comments.
Regular Agenda
ANALYSIS:
The proposed Resolution 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
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 Resolution 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
BoCC on March 19, 2018. Valuable public comment and testimony was received and were
given careful consideration by staff. At the request of the BoCC, suggestions were
incorporated as tracked changes into a draft of the Public Records Act Compliance Policy and
companion Ordinance, and provided to the BoCC for its continued deliberations on April 23,
2018.
During its April 23, 2018 deliberations, the BoCC extended public comment to May 4, 2018.
Additional public comments were received on May 4, 2018, including in "tracked changes"
form. The document provided on May 4, 2018 with the "tracked changes" showing suggested
changes to the proposed Jefferson County Public Records Compliance Policy was reviewed by
staff. Comments from staff addressing the suggested changes were added to the document
provided on May 4, 2018 and that document is included as Attachment 1. Attachment 2 is a
clean version of the revised the proposed Jefferson County Public Records Compliance Policy,
which adopts staff's agreed modifications, along with the Resolution and Ordinance
(unchanged) that were considered by the BoCC on April 23, 2018. Attachment 3 is a redlined
document that compares Attachment 2 (the current Jefferson County Public Records
Compliance Policy that is recommended by staff) to the version considered by the BoCC
during its April 23, 2018 deliberations.
As in the prior draft submitted for consideration by the BoCC on April 23, 2018, the proposed
Public Records Request Costs Schedule in Attachment 2 includes a placeholder for a de
minimus threshold for waiving small charges for copies of records provided to any individual
public records request. The BoCC requested that a de minimus threshold be included in the
draft Ordinance, so the BoCC could consider whether and, if so, in what amount, a waiver of
charges would be appropriate, considering the possible cost for staff to charge for the records
and in proving fullest assistance to the public. If the BoCC decides to set a de minimus
threshold amount, the table below shows the effect of several different thresholds.
2
Regular Agenda
De
# Letter
# Pages
# emails
# Gigabites
Minimus
Copies
Scanned
& data
transmitted
Threshold
@
to pdf @
files sent
@ 10¢/gig
15¢/page
10¢/page
@ 5¢/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
As discussed on April 23, 2018, whether or not the BoCC adopts a de minimis waiver amount,
all requestors are guaranteed access to public records because requestors can inspect public
records, after staff collects them in response to a request. Charges would apply only to
requestors seeking copies of public records. The staff committee that worked on this policy
strongly advocated charging for copies of all public records.
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:
(1) 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; and,
(2) Adopt the Resolution and Ordinance, as modified to address public comments after
deciding whether and, if so, how in what amount, should there be a waiver of charges
by the County.
DEPARTMENT CONTACTS:
Ken Hugoniot, Public Records Administrator at Extension 174.
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219.
3
Regular Agenda
REAMED BY•
flip Kr , Coun strator Date
ATTACHMENT ONE TO AGENDA REQUEST
RESOLUTION ATTACHMENT "A"
JEFFERSON COUNTY
PUBLIC RECORDS ACT
COMPLIANCE POLICY
(Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27,
2006 and [date of adoption])
Jefferson County Public Records Act Compliance Policy Page 2 of 40
JEFFERSON COUNTY PUBLIC RECORDS ACT COMPLIANCE POLICY
(Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27,
2006 and [date of adoption])
Section Index:)
1.0 Purpose: Compliance with Public Records Act...................................................................
6
2.0 Definitions............................................................................................................................6
2.1
Refer to the Public Records Act for the definitions of these terms: .................................
6
2.1.1
Bot Request: see RCW 42.56.080(3)...............................................................................
6
2.1.2
Customized Electronic Access Service: see RCW 42.56.120(3)(a) .................................
6
2.1.3
Fullest Assistance: see RCW 46.56.100 and WAC 44-14-04003 ....................................
6
2.1.4
Person in Interest: see RCW 42.56.010(2).......................................................................
6
2.1.5
Public Record: see RCW 42.56.010(3)............................................................................
6
2.1.6
Writing: see RCW 42.56.010(4)......................................................................................
6
2.2
Backup Records Liaison: .................................................................................................
6
2.3
Business Day: ...................................................................................................................
7
2.4
Chief Civil Deputy Prosecuting Attorney: .......................................................................
7
2.5
Court Records Request: ....................................................................................................
7
2.6
Exempt Record: ................................................................................................................
7
2.7
Failure to Provide a Record: .............................................................................................
8
2.8
Final, Definitive Response: ..............................................................................................
8
2.9
Human Resources: ............................................................................................................
8
2.10
Jefferson County: .............................................................................................................
9
2.11
Normal Business Hours: ...................................................................................................
9
2.12
Policy: ...............................................................................................................................
9
2.13
Public Records Liaison and Records Liaison: ..................................................................
9
2.14
Public Records Officer: ..................................................................................................
10
2.15
Record: ...........................................................................................................................
10
2.16
Record holder: ................................................................................................................
10
2.17
Request: ..........................................................................................................................
10
2.18
Requestor:.......................................................................................................................11
2.19
Section: ...........................................................................................................................
I I
Commented [PH1]: Proposed changes made to the
Section Index have been accepted in this version to save
space. A revised index will be provided in the clean version
proposed by County Staff.
Jefferson County Public Records Act Compliance Policy Page 3 of 40
2.20
Staff:...............................................................................................................................11
2.21
Web Portal: .....................................................................................................................
11
2.22
Written Information: ......................................................................................................
11
3.0
General Provisions.............................................................................................................
11
3.1
Public Records Act Compliance....................................................................................
11
3.2
Applicability...................................................................................................................12
3.3
Non -Discrimination Requirement..................................................................................
12
3.4
Records Are Property of Jefferson County....................................................................
12
3.5
Use of Available Electronic Resources Encouraged......................................................
13
4.0
Roles of Staff Designated to Address Public Records Requests .......................................
13
4.1
Public Records Officer...................................................................................................
13
4.2
Chief Civil Deputy Prosecuting Attorney......................................................................
15
4.3
Records Liaisons and Backup Records Liaisons............................................................
16
4.4
Training and Updates.....................................................................................................
17
5.0
Public Records Requests....................................................................................................
17
5.1
Format of Requests.........................................................................................................
17
5.2
Fair Notice of Records Request.....................................................................................
17
5.3
Lists of Individuals.........................................................................................................
18
5.4
Bot Requests...................................................................................................................
18
6.0
Jefferson County Response to Public Records Requests ...................................................
18
6.1
Required Communication by Records Liaisons Upon Receipt of a Records Request...
18
6.2
Requests for "All Records" is Insufficient.....................................................................
19
6.3
Prompt Response Required............................................................................................
19
6.4
Types of Five (5) Day Responses..................................................................................
20
6.5
Final, Definitive Response.............................................................................................
23
6.6
Requests to Create Records or Convert Records to a Different Format or Medium .....
23
6.8
Requests for Personnel and Employment Records........................................................
23
6.9
Requests for Court Records............................................................................................
24
6.10
Locating Responsive Records........................................................................................
24
6.11
No Requirement to Create New Records to Respond to A Records Request ................
24
6.12
Request for Records that No Longer Exist.....................................................................
24
6.13
Agreements in Response to Voluminous or Frequently Occurring Requests ................
24
Jefferson County Public Records Act Compliance Policy Page 4 of 40
6.14
Immediate Provision or Inspection of Records "Over the Counter... .............................
25
6.15
Exemptions from Production.........................................................................................
26
6.16
Withholding or Redacting Records Based on Exemptions ............................................
26
6.17
Explanation of Exemptions............................................................................................
27
6.18
Summaries of Common Exemptions.............................................................................
27
6.19
Inspection of Responsive Records.................................................................................
29
6.20
Electronic Records.........................................................................................................
30
6.21
Installments....................................................................................................................
30
6.22
Requestor Responsibility................................................................................................
31
6.23
Order of Processing Requests........................................................................................
31
6.24
Allocating Specific Amounts of Time and Resources ...................................................
32
6.25
Multiple Requests by the Same Requestor.....................................................................
32
6.26
Requests Log..................................................................................................................
32
6.27
Preservation of Request Clarifications and Search Efforts ............................................
33
7.0
Records Retention Required..............................................................................................
33
7.1
Retention of Public Records Request Records...............................................................
33
7.2
Records in Request Files that Must Be Maintained.......................................................
33
7.3
Archiving and Destruction of Public Records Request Records ....................................
34
8.0
Compliance with Best Practices Annual Reporting Requirements ....................................
34
9.0
Administrative Review......................................................................................................
34
9.1
No Final Decision Until Review Under this Section .....................................................
34
9.2
Petition for Review.........................................................................................................
34
9.3
Deadline for to Affirm or Reverse, After Petition for Review .......................................
34
9.4
Effect of Reversal Based on Petition for Review...........................................................
35
9.5
Final Decision, If Affirmed............................................................................................
35
10.0
Costs for Public Records....................................................................................................
35
10.1
Inspection Only..............................................................................................................
35
10.2
Records Already on Jefferson County Website.............................................................
35
10.3
Statutory Basis................................................................................................................
35
10.4
Calculation of Costs.......................................................................................................
35
10.5
Cost Schedule.................................................................................................................
37
10.6
Deposit...........................................................................................................................37
Jefferson County Public Records Act Compliance Policy Page 5 of 40
10.7 Failure to Fulfill Payment Requirements.......................................................................
37
11 Limitations.........................................................................................................................38
11.1 No Additional Legal Rights...........................................................................................
38
11.2 Statutory Requirements and Best Practices....................................................................
38
11.3 No Additional Duty That is Not Already Imposed by Law ...........................................
38
11.4 No Basis for Liability.....................................................................................................
38
12.0 Amendments and Corrections............................................................................................
39
13.0 Severability........................................................................................................................
39
14.0 References..........................................................................................................................39
Proposed Public Records Request Cost Schedule: .......................................................................
40
Jefferson County Public Records Act Compliance Policy Page 6 of 40
1.0 Purpose: Compliance with Public Records Act
Jefferson County adopts this Policy to comply with Chapter 42.56 RCW (the Public
Records Act), which requires Jefferson County to adopt and enforce reasonable rules and
regulations to provide full access to records.
"The people of this state da not yield their sovereiLWE to the agencies that serve theme. The
people in delegating authority, do not Live their public servants the right to decide what
is Lood far the people to know and what is not <ood far thein to know. The people insist on
r^e_rrrcrinin inforined so that they array inaintain control over the instruillents that they have
created. This chapter shall be liberally construed and its exearrptions narrowly construed
to proinote this public policy and to assure that the public interest will be fully protected.
2.0 Definitions
The following definitions apply to this Policy:
2.1.4 Person in Interest: see RCW 42.56.010
`2 d 2.2 Backup Records Liaison:
"Backup Records Liaison" means the person in each department of Jefferson
CoL!!Lty 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.
Commented [PH2]: This is a direct quote from the PRA,
RCW 42.56.030. Recommend adding it to the document.
Commented [PH3]: In some cases there is no definition in
the RCW for these terms. See the specific comments below.
County Staffs draft covers all the same ground and has the
advantage of having all the definitions in one place. Either
would work, but recommend not making the proposed
changed.
Commented [PH4]: The definition in the County Staffs
draft is exactly the same as the definition in RCW
42.56.080(3). In light of this comment, County Staff
proposes to add language to the existing definition to tie it
more closely to the RCW definition and ensure that future
changes to the RCW definition apply without any additional
action by the County.
Commented [PHS]: No definition in the RCW cited.
Customized electronic access service is not defined in the
PRA. The definition in the County Staffs draft should be
retained so requestors and County Staff alike have a base
line of understanding.
Commented [PH6]: There is no definition in the RCW or
WAC cited. Further, the definition in the current draft is
fully consistent with the language of the RCW and WAC
cited. For instance WAC 44-14-04003(3) states in part:
"The `fullest assistance' principle should guide agencies
when processing requests. In general, an agency should
devote sufficient staff time to processing records requests,
consistent with the act's requirement that fulfilling requests
should not be an "excessive interference" with the agency's
"other essential functions." RCW 42.56.100. The agency
should recognize that fulfilling public records requests is one
of the agency's duties, along with its others."
Commented [PH7]: The PRA defines Person in Interest at
the RCW cited. The definition in the County Staffs draft is
exactly the same as in RCW 42.56.010(2). In light of this
comment, County Staff proposes to add language to the
existing definition to tie it more closely to the RCW
definition and ensure that future changes to the RCW
definition apply without any additional action by the County.
Commented [PH8]: The PRA defines Public Record at
RCW 42.56.010(3). The definition of "Record" in the
County Staffs draft is exactly the same as in RCW
42.56.010(3), except: (1) It omits the following language
applicable only to the office of the secretary of state and the
office of the chief clerk of the house of representatives: "For
the office of the secretary of the senate and the office of the
chief clerk of the house of representatives, public records
means legislative records as defined in RCW 40.14.100 and
also means the following: All budget and financial records,
personnel leave, travel, and payroll records, records of
legislative sessions, reports submitted to the legislature; a
Commented [PH9]: The PRA defines Writing at the RCW
cited The definition in the County Staffs draft is exactly
the same as in RCW 42.56.010(4).
Commented [PH10]: The definition in the County Staffs
draft is exactly the same as the definition in RCW
42.56.080(3).
Jefferson County Public Records Act Compliance Policy Page 7 of 40
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.) tke ldbli
2.6 Disclosur. 2 -
"Disclosure" of a Record means notifying a Requestor of the existence of a Record.
Contrast with "Productionl>
2.7xempt Record:
"Exempt record" means records or portions of records that are exempt from
production to the public. Exemptions include those identified in the Public Records
Act or in other statutes incorporated by RCW 42.56.070 or ilicase law. Exemption
from production of..a portion of a record does not automatically exempt the
2.8 (Explanation of Exemptions:
An "Explanation of Exemptions" is the document(s) that is(are) provided to the
Requestor in conjunction with a production of records when any exemption has
been asserted. An explanation of exemptions is also known as an "exemption logy
Commented [PH 11]: This sentence should not be deleted
Records Liaisons and Requesters should know that an
alternative basis for seeking Court records exists.
Furthermore, this language could eliminate the burden of
unnecessary public records requests for court records.
Commented [PH12]: Customized electronic access
service is not defined in the PRA. This definition should be
retained so the requestors and County Staff alike have a clear
understanding.
Commented [PH13]: No change from the definition in the
County Staffs draft this definition is simply moved up.
This maybe the result of software used to compare one
document to another.
Commented [PH14]: This definition is inconsistent with
RCW 42.56.210(3) and WAC 44-14-04004(5)(b). RCW
42.56.210 (3) states: "Agency responses refusing, in whole
or in part, inspection of any public record shall include a
statement of the specific exemption authorizing the
withholding of the record (or part) and a brief explanation of
how the exemption applies to the record withheld." WAC
44-14-04004(5)(b) states: "Brief explanation of withholding.
When an agency claims an exemption for an entire record or
portion of one, it must inform the requestor of the statutory
exemption and provide a brief explanation of how the
exemption applies to the record or portion withheld. RCW
42.56.210(3). The brief explanation should cite the statute
the agency claims grants an exemption from disclosure. The
brief explanation should provide enough information for a
requestor to make a threshold determination of whether the
claimed exemption is proper. Nonspecific claims of
exemption such as "proprietary" or "privacy" are insufficient.
One way to property provide a brief explanation of the
withheld record or redaction is for the agency to provide a
withholding log, along with the statutory citation
permitting withholding, and a description of how the
exemption apples to the information withheld. The log
identifies the type of record, its date and number of pages,
and the author or recipient of the record (unless their identity
is exempt).8 The withholding log need not be elaborate but
should allow a requestor to make a threshold determination
of whether the agency has properly invoked the exemption.
Another way to properly provide a brief explanation is to
use another format, such as a letter providing the required
exemption citations, description of records, and brief
explanations. Another way to properly provide a brief
explanation is to have a code for each statutory exemption,
place that code on the redacted information, and attach a
list of codes and the brief explanations with the agency's
response."
Jefferson County Public Records Act Compliance Policy Page 8 of 40
282.9 Failure to Provide a Record:
"Failure to Provide a Record" means any action by any Jefferson County employee
that results in: (a) The failure to respond to a request; (b) Without justification, the
failure to provide timely a requested record or any portion of it; (c) The express
denial of a request for a record; (d) The refusal to provide a record; (e) Without
justification, the claim of an exemption for a record or any portion of it; or, (f) the
closure of a request for any reason.
222. S 0Final, Definitive Response:
"Final, Definitive Response" means Jefferson County's final response to a records
request, confirming that Jefferson County does not intend to provide any further
response to the records request.
2.11 Human Resources:
"Human Resources" means the Human Resources Officer of Jefferson County.
Commented [PH15]: Definition above is this same as this
one in the County Staffs draft this definition is simply
moved up. This may be the result of software used to
compare one document to another.
Commented [PH16]: There is no definition in the RCW
or WAC of Fullest Assistants. This definition in the current
draft is fully consistent with the language of the RCW and
WAC cited. For instance WAC 44-14-04003(3) states in
part: "The `fullest assistance' principle should guide
agencies when processing requests. In general, an agency
should devote sufficient staff time to processing records
requests, consistent with the act's requirement that fulfilling
requests should not be an "excessive interference" with the
agency's "other essential functions." RCW 42.56.100. The
agency should recognize that fulfilling public records
requests is one of the agency's duties, along with its others "
This definition should be retained as is.
Jefferson County Public Records Act Compliance Policy Page 9 of 40
2.12 Jefferson County:
"Jefferson County" means Jefferson County, Washington.' As used in this Policy,
Jefferson County refers all county departments, their divisions, and subdivisions.
_-Ste (F@eyeling)-,-b*Ading pennitting, planning, and zoning, par-ks and
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. f 511.E ..................Policy:
"Policy" means this Jefferson County Public Records Act Compliance Policy.
2.15 groductlon:
Commented [PH17]: This change should be made. The
revised definition is more simple and says essentially the
same thing as in the County Staffs draft
Commented [PH18]: The PRA defines Person in Interest
at the RCW cited. The definition in the County Staffs draft
is exactly the same as in RCW 42.56.010(2).
"Production" of a Record means making the Record available to the Requestor for
inspection and/or copying after the application of exemptions and redactions, if any
Contrast with "D1SC1fJSUYe."�: Commented [PH19]: This new proposed definition adds
clar fication to the policy and should be adopted.
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.
s See d4I "�'a (h4ssrtcr 36 fl I NSI "��'„_
a�
Jefferson County Public Records Act Compliance Policy Page 10 of 40
2.17 Public Records Officer:
"Public Records Officer" means the person who is appointed as Public Records
Officer for Jefferson County pursuant to RCW 42.56.580.
2.18 Record:
"Record" means "Public Record", as defined by the Public Records Act or pursuant
to case law.5
pfopfietaFy fanetion prepared, owned, used, oF Fetained by any state oF loeal ageney
-- Formatted: Heading 3, Left, Space After: 0 pt, No
be F@tR41@ a Jay ra98fSOH rryOURt" Rau n a 4@1.1 by 1,,,7r®a r .,,4,. bullets or numbering, Tab stops: Not at 0.5" + 1.13"
z
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.
5 e.g.. Mechlin2 v. Citn ofMon roe (emails). W.Veill v. On, of Shoreline (email metadata). Nissen v. Pierce Countr
(cell phone records), Belenski v. Jefferson Countr(internet access logs)
acv��n��n in�ninn,
Commented [PH20]: The PRA defines Public Record at
RCW 42.56.010(3). The definition of "Record" in the
County Staffs draft is exactly the same as in RCW
42.56.010(3), except: (1) It omits the following language
applicable only to the office of the secretary of state and the
office of the chief clerk of the house of representatives: "For
the office of the secretary of the senate and the office of the
chief clerk of the house of representatives, public records
means legislative records as defined in RCW 40.14.100 and
also means the following: All budget and financial records,
personnel leave, travel, and payroll records, records of
legislative sessions, reports submitted to the legislature, and
any other record designated a public record by any official
action of the senate or the house of representatives." and (2)
it includes "or pursuant to case law." Having both a
definition of "Public Record" and "Record" is redundant,
especially if, as in the County Staffs draft, the definition of
"Record" incorporates the definition of "Public Record" in
RCW 42.56.010. This revised definition recognizes the need
to refer to case law and even adds a footnote pointing to
instances where courts have held a certain type of document
is a public record as defined in the PRA.
Formatted: Line spacing: single
Formatted: List Paragraph, Space After: 0 pt, Tab
stops: 0.5", Left + 1.13", Left
Jefferson County Public Records Act Compliance Policy Page 11 of 40
2.21 Requestor:
"Requestor" means the individual submitting the request for records.
2.22 Section:
"Section" means a section or a subsection of this Policy. For the avoidance of
doubt, reference to a section includes a reference to every subsection in that section
but reference to a subsection does not include reference to any other subsection in
that section or in any other section.
2.23 Staff:
"Staff' means collectively elected officials, officers, and employees of Jefferson
County.
2.24 Web Portal:
"Web portal" means a specially designed website that brings information together
from diverse sources in a uniform way. Web portal, as used in this Policy, includes
a web portal on Jefferson County's website or on a website of a Jefferson County
vendor.
2.25 Written Information:
"Written information" means "Writing", as defined by the Public Records Act or
in case law. "SX -44@n ififeffnation" means 4an4w-itiag,
or- uielodfi4g, but not lifflited to, 1etteF5—,Wof48P,
pi-etuf@s, sounds, Of of
I and all pap@fs, maps,
may be obtained of tfaft&lute4-'�of the awoidafiee of doubt, eleetfon`e
3.0 General Provisions
3.1 Public Records Act Compliance.
Commented [PH 21]: County Staff correctly recites the
definition of "writing." The existing definition will be
modified to address the issues raised in Mr. Thiersch's
redline.
3.1.1 It is the policy of Jefferson County to provide access to records in
accordance with the requirements of the Public Records Act, RCW
42.56 Commented [PH22]: County Staffs draft correctly cites
to the Chapter of the RCW, as Chapter 4256 RCW.
Jefferson County Public Records Act Compliance Policy Page 12 of 40
3.2
3.3
3.4
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 a:..f-e roduction.
Commented [PH23]: This change was suggested by Mike
Belenski and proposed by Staff. The change should be
3.1.3 This Policy provides straightforward, predictable practices for responding adopted. Note, however, that the RCW,a themselves often
to and fulfilling requests for disclosure of public records in a manner use the term disclose, not produce.
consistent with the Public Records Act. This Policy provides appropriate
safeguards for information exempted from or prohibited from �re
production by federal Or State laW. Commented [PH24]: Staff proposed this change and it
should be adopted.
Applicability.
3.2.1 This Policy shall apply to all employees, elected officials, and advisory
boards and commissions of Jefferson County.
3.2.2 This Policy does not apply to responses to legal discovery requests
governed by the Washington Courts' Civil Rules or the Federal Rules of
Civil Procedure.
3.2.3 This Policy does not apply to judicial court records or judicial
administrative records requests governed by Washington State Courts'
General Rules. Court records are generally ey xempt from the Public Records
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(14j, or any other statute which
exempts or prohibits diselqsa+�@-roductionof specific information or records to
requestors.
Records Are the Property of Taff so the State of Washuigton.
All public records shall be and remain the rp operty of the state of Washington10 and
of its people. Jefferson County, a political subdivision of Washington state
prepares, owns, uses, and retains rRecords mA^*am aa�e�eFsofl ^
in 44@ r oro 4., nr rarer n^,^ ten„ on behalf of the people.
10 RCW 40.14.020.
Commented [PH25]: Keeping this in the definition is
useful. Repeating it here is useful too.
Commented [PH26]: Staff proposed this change and it
should be adopted.
Commented [PH27]: This change should be accepted.
RCW 42.56.010(3) defines "public record" to include "any
writing containing information relating to the conduct of
government or the performance of any governmental or
proprietary function prepared, owned, used, or retained by
any state or local agency regardless of physical form or
characteristics" (Emphasis added.) "`Local agency'
includes every county, city, town, municipal corporation,
quasi -municipal corporation, or special purpose district, or
any office, department, division, bureau, board, commission,
or agency thereof, or other local public agency" RCW
42.56.010(1) (emphasis added). RCW 40.14.020 states:
"All public records shall be and remain the property of the
state of Washington" "Public records" are not separately
defined in Chapter 40.14 RCW, so presumably the definition
in RCW 42.56.010(3) would apply.
Jefferson County Public Records Act Compliance Policy Page 13 of 40
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 ased on the following — �document.
Commented [PH28]: This change should be made, as it
findings: eliminates an unnecessary redundancy and shortens the
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 FI -S -numerous separate departments, their Commented [PH29]: This change should be made
divisions, and subdivisions, many of which are located in facilities in because the number could change over time, making use of
various locations throughout Jefferson County. the number "15" inaccurate.
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 42.56.5801. The
Public Records Officer for Jefferson County is the Clerk of the Board of
Commented [PH30]: This statement is correct currently.
However, having the Clerk of the Board is not required by
the PRA. The BoCC should not be required to have the
Clerk of the Board also be the Public Records Officer.
Accordingly, this change should not be made.
Jefferson County Public Records Act Compliance Policy Page 14 of 40
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 !E�RCW 42.56A VA; ( Commented [PH31]: County Staffs draft correctly cites
to the Chapter of the RCW, as Chapter 4256 RCW.
4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's
response when a request involves multiple record holders, is broad
in scope, or is otherwise complicated to fulfill;
4.1.5.3 Route requests to appropriate Records Liaisons in possession of
records;
4.1.5.4 Serve as a resource and provide training, technical advice, and
instruction to Records Liaisons and other staff on topics related to
disclosure of records;
4.1.5.5 Maintain a list of department Records Liaisons and Backup
Records Liaisons who are designated to accept and fulfill requests
for disclosure of records on a regular basis;
4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of
records requests;
4.1.5.7 Approve forms, web portals or software for use in processing
records requests;
4.1.5.8 Along with the Prosecuting Attorney's Office, disseminate legal
updates and policy changes affecting records requests;
4.1.5.9 Collect and analyze relevant information related to Jefferson
County's performance of records disclosure;
Jefferson County Public Records Act Compliance Policy Page 15 of 40
4.1.5.10 Maintain the required information and comply with the best
practices annual reporting requirements contained in
RCW 40.14; and, Commented [PH32]: County Staffs draftcotrectly cites
to the Chapter of the RCW, as Chapter 40.14 RCW.
4.1.5.11 Maintain information relating to records on Jefferson County's
website.
4.1.6 Not every request must be addressed to the Public Records Officer, nor is it
intended that fulfillment of every request will be done by the Public Records
Officer or designee. In the interest of providing effective access to records,
the Public Records Officer or designee may refer parties requesting records
to a Records Liaison, as appropriate.
4.1.7 Forms or web portals to request records shall be approved by the Public
Records Officer or designee for general use by staff. As needed, the Public
Records Officer or designee may approve alternate request forms or web
portals that are specialized for request of records with unique statutory
considerations, such as law enforcement records.
4.1.8 The Public Records Officer or designee shall comply with statutory logging
and reporting requirements under RCW 40.114 n l.44 — commented [PH33]: County staffs draft correctly cites
to the Chapter of the RCW, as Chapter 40.14 RCW.
4.2 Chief Civil Deputy Prosecuting Attorney.
4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is
the legal advisor to Jefferson County and all its officers in all matters
relating to their official business.
4.2.2 For addressing records requests, the Chief Civil Deputy Prosecuting
Attorney shall be the primary legal advisor to Jefferson County, including
its Public Records Officer and designee, Records Liaisons, and other staff.
Other attorneys from the Prosecuting Attorney's Office may also provide
legal advice regarding public records requests.
Jefferson County Public Records Act Compliance Policy Page 16 of 40
4.3 Records Liaisons and Backup Records Liaisons.
4.3.1 There shall be a network of Records Liaisons and Backup Records Liaisons
in every department of Jefferson County to assist the public in obtaining
access to records. Each elected official and department director shall
designate at least one Records Liaison and one Backup Records Liaison.
Each department will inform the Public Records Officer or designee of all
Records Liaisons and Backup Records Liaisons.
4.3.2 The departments of Jefferson County that shall assign a Records Liaison
and Backup Records Liaison are:
4.3.2.1 Assessor
4.3.2.2 Auditor
4.3.2.3 Central Services
4.3.2.4 Community Development
4.3.2.5 Cooperative Extension
4.3.2.6 County Administrator
4.3.2.7 County Clerk
4.3.2.8 County Commissioners
4.3.2.9 Emerge��C >Management
4.3.2.10 Prosecuting Attorney
4.3.2.11 Public Health
4.3.2.12 Public Works
4.3.2.13 Sheriff
—(Formatted: Indent: Left: 1.5", Hanging: 0.75"
1-4-22433 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.
Commented [PH34]: This change should not be made
because: (1) It may limit the requirement for "every
department' in Section 4.3.1, and, (2) The names or number
of departments may change, making this list inaccurate.
Formatted: Indent: Left: 1.5", Hanging: 0.75"
,4-44 1.3.'1 In consultation with the Public Records Officer or designee, Records
Liaisons may communicate directly with requestors, forward requests to
other Jefferson County employees as necessary, compile requested records,
copy requested records, arrange for the supervised public inspection of
requested records, and maintain files and logs of ��requests far public
records[ fulfilled by the department.— f Commented [PH35]: This is a good clarifying suggestion
and it should be adopted.
4.3.1'1.3.5 Records Liaisons shall report metrics of public records disclosure
activity
' to the Public Records Officer or designee, in accordance with RCW
40.14.026
Jefferson County Public Records Act Compliance Policy Page 17 of 40
4.4 Training and Updates.
The Public Records Officer or designee, or the Prosecuting Attorney's Office shall
distribute updates and provide training as appropriate on laws, legal precedents, and
policy changes affecting fulfillment of records requests, as appropriate.
5.0 Public Records Requests
5.1 Format of Requests.
5.1.1 No official format is required for making a records request.13
5.1.2 Jefferson County recommends that requestors make requests in writing,
using Jefferson County's approved submittal form or approved web portal.
5.1.3 When a request is received that does not include information sufficient to
respond to the request, staff may attempt to obtain clarification immediately
and/or recommend that the requestor complete and submit a form to provide
information more accurately needed to identify records or respond
effectively.
5.1.4 If a requestor chooses to submit a non -written oral request, staff shall
transcribe the request and attempt to obtain verification from the requestor,
preferably in writing, that the transcription correctly memorializes the
request, and consult with the Public Records Officer or designee, as
necessary, to ensure an appropriate response. Regardless of whether
verification in writing is obtained, staff shall fulfill the request as it is
transcribed.
5.2 Fair Notice of Records Request.
5.2.1 Any Jefferson County staff may accept records requests. If presented with
a request, staff shall bring it to the attention of a Records Liaison
immediately or at the earliest opportunity.
5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice
that a Public Records Act request has been made. Oral records requests,
especially when presented to agency staff other than the Public Records
Officer or designee, should include reasonable and clear notice that a Public
Records Act request has been made.
5.2.3 To give Jefferson County fair notice of what is being requested under the
Public Records Act, requestors are encouraged to make written requests
using Jefferson County's approved submittal forms or approved web portal,
and/or take other steps to identify their request clearly as a records request.
For example, when a request is submitted with other documents not related
" See RCW 42.56.080(2).
Jefferson County Public Records Act Compliance Policy Page 18 of 40
to disclosure of records, the requestor is responsible for providing
reasonable notice that a records request is included.
5.3 Lists of Individuals.
5.3.1 Requests for records that include lists of individuals require a signed
certification by the requestor that such lists shall not be used for commercial
purposes.
5.3.2 A certification provision is included on Jefferson County's official records
request form.
5.3.3 The Public Records Officer or designee may do research to confirm that the
request is not for commercial purposes. However, before denying a request
for records on the basis that the request is for commercial purposes, the
Public Records Officer or designee shall consult with the Prosecuting
Attorney's Office.
5.4 Bot Requests.
(,Jefferson County may deny a Bot Request in accordance with RCW 42.56.080(3)h,
6.0 Jefferson County Response to Public Records Requests
6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request.
6.1.1 When the request is not received in writing, staff shall communicate the
request and the response to the Public Records Officer or designee for
purposes of complying with the logging and reporting requirements
contained in RCW 40.14 .44
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
^r department'srecords Liaison with the request for immediate
transmittal to the Public Records Officer, or designee, as soon as is
practicable.
Commented [PH36]: The proposed change accurately
refers the reader to RCW 42.56.080(3). However, the
proposed change would require the reader to refer to a
separate document, the RCWs. The language in the County
Staffs draft is wholly consistent with RCW 42.56.080(3).
Commented [PH37]: County Staffs draft correctly cites
to the Chapter of the RCW, as Chapter 40.14 RCW.
Commented [PH38]: County Staff purposefully wrote this
to include supervisors, to address a situation where a
Records Liaison was not available. This change should not
be made.
Jefferson County Public Records Act Compliance Policy Page 19 of 40
6.1.4 Until the Public Records Officer or designee provides confirmation, the
records request is the responsibility of the4+ department's _ Commented [PH39]: County Staff purposefully wrote this
Records Liaison. to include supervisors, to address a situation where a
Records Liaison was not available. This change should not
6.1.5 Records Liaisons shall advise department record holders of the five (5) day be made.
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
I RCW 42.56 or this Policy, provided that a request for all — Commented [PH40]: County Staffs draft correctly cites
records regarding a particular topic or containing a particular keyword or ( to the Chapter of the RCW, as Chapter 42x6 RCw.
name shall not be considered a request for all of Jefferson County's records.
See RCW 42.56.080(1).
6.2.3 Requests for "all records relating to," "all records regarding," or "all records
pertaining to" are inherently ambiguous and requestors are encouraged to
avoid using such terms when possible to avoid unnecessary delays.
Requests for "all records relating to," "all records regarding," or "all records
pertaining to" may be interpreted to mean those records that directly and
fairly address the topics that are reasonably identifiable by the Records
Liaison fulfilling the request. A Records Liaison may seek clarification of
any such request following the procedure prescribed in Section --[Formatted: Underline
6.3 Prompt Response Required.
Commented [PH41]: This suggested change appears to
correct a typographical error and should be accepted.
Formatted: Underline
6.3.1 Staff shall communicate the request and response to the Public Records
Officer or designee for purposes of complying with the logging and
reporting requirements contained in _ RCW 40.114 .� Commented [PH42]: County Staffs draft correctly cites
to the Chapter of the RCW, as Chapter 40.14 RCW.
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.
Jefferson County Public Records Act Compliance Policy Page 20 of 40
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.18
6.3.4 Requests for identifiable records received after normal business hours shall
be considered received on the next business day.
6.3.5 Records requests will be processed in the order that provides the timeliest
response. Requests may be fulfilled in the order of receipt, so long as easily
fulfilled requests are not postponed behind larger or more complicated
requests, strictly because they were received later.
6.3.6 Initial responses, installment responses, and final responses from staff to
requests for records shall be made in writing and may be by fax, letter,
notation on a request form, or email.
6.4 Types of Five (5) Day Responses.
The initial response to the requestor shall be made in writing within five (5)
business days of receipt of a request, shall acknowledge receipt of the request, shall
2.3.22.3.22 to which the request was routed, if anv. and may take one of the
following
6.4.1 Provide Records: Provide the requested records, when possible.
6.4.2 Direct the Requestor to 'eft -to -Online
6.4.2.1 If the records requested are available via a Jefferson County
website, staff may provide a direct link to the requestor to the
online documents.
6.4.2.2 However, if the requestor notifies Jefferson County the requestor
cannot access the records through the internet, then Jefferson
County shall provide copies of the record or allow the requestor
to view copies using a Jefferson County computer. 19
Formatted: Underline
Formatted: Underline
Commented [PH43]: This is a clarifying change that
improves the document and should be accepted.
Commented [PH44]: This is a clarifying change that
improves the document and should be accepted, except for
the reference to the names of the departments which County
Staff recommends not be listed.
6.4.3 Sk for Clarification of Request: Commented [PH45]: This is a clarifyingchange that
improves the document and should be accepted.
6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson
County may ask the requestor in writing to provide clarification;
and will provide, to the greatest extent possible, a reasonable
estimate of the time Jefferson County will require to respond to
the request if it is not clarified.20
s See RCW 42.56.080(2).
9 Required by RCW 42.56.520(1)(b).
21 See RCW 42.56.520(1)(d).
Jefferson County Public Records Act Compliance Policy Page 21 of 40
6.4.3.2 Clarification shall focus on information needed to identify
responsive records.
6.4.3.3 All clarifications should be in writing but may be oral. In the case
of oral clarification, staff involved in the conversation shall
document the clarification in writing and include the information
in the request file.
6.4.3.4 When appropriate, as part of the clarification process, staff may
work with the requestor to find ways to narrow the request. When
a requestor agrees to narrow a request, nothing prevents the
requestor from later expanding the request back to its original
scope. In such a case, staff may create a new estimate of
reasonable time required to respond that corresponds to the
expanded request.
6.4.3.5 If staff is unable to identify with confidence the records sought by
a requestor, or when a request appears to be overly broad and
unsuccessful attempts have been made to obtain clarification from
the requestor, staff shall consult with the Prosecuting Attorney's
Office who shall review the request and provide direction to staff
regarding its fulfillment. Staff may also consult with the Public
Records Officer or designee on such requests.
6.4.3.6 If the requestor fails to respond to a request for clarification, and
the entire request for records is unclear, Jefferson County need not
respond to the request for records. In such case, Jefferson County
(must advise the requestor that the renuest will be
considered closed if the requestor fails to provide clarification as
requested within 30 days toe """"""+ will be eensi efe elose'll Commented [PH46]: This is a clarifying change that
improves the document and should be accepted.
6.4.3.7 In all events, Jefferson County must respond to those portions of
the request for records that are clear."
6.4.4 No Responsive Records:
6.4.4.1 An initial written response may state that Jefferson County does
not have records responsive to the request. If no records
responsive to the request exist, the initial response should inform
the requestor and state that it is the final, definitive response.
6.4.4.2 If Jefferson County does not have records responsive to the
request, the initial response may direct the requestor to another
agency believed to have the records requested.
21 See RCW 42.56.520(3)(b).
Jefferson County Public Records Act Compliance Policy Page 22 of 40
6.4.5 Provide a Reasonable Estimate of Time Required to Respond:
6.4.5.1 If the initial response does not include copies of the requested
records, Jefferson County shall provide in writing a reasonable
estimate of time required to respond to the request.
6.4.5.2 Additional time required to respond to a request may be based
upon the need to clarify the intent of the request, to locate and
assemble the information requested, to notify Persons in Interest,
other departments or employees of Jefferson County, or other
agencies affected by the request, or to determine whether any of
the information requested is exempt and that a denial should be
made as to all or part of the request.
6.4.6 Installments: An initial response may propose fulfilling large or
complicated requests on an installment basis and provide a written
estimated timeframe for preparation of the first installment.
6.4.7 Written Denial:
6.4.7.1 An initial response may be a written denial of the request based
on exemptions under federal or state law.
6.4.7.2 If there is anv auestion as to whether anv record_ or anv portion
of a record, should be exempt from production and therefore
should be denied from production to anv reauestor (by
withholding or redaction), a Records Liaison shall consult the
Prosecuting Attorney's Office or the Public Records Officer or
designee, and shall give them the opportunity to inspect the
subiectrecord(s) before anv such denial of production is conveyed
to the reauestor.
Formatted: Outline numbered + Level: 4 + Numbering
Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned
r , 7 11GRBS411t +ho 42r „r; n +4, S W;Xt r 42411,1; at: 1.5 + Indent at: 2.15'
:R-PeRyd-,; 044 cpr- 11449 ffiay iRspeet toe s+ibjeet ,.4-.1; t,o4'Ryp
ft+4 nr""" toe a'"^7^"'1 -e Commented [PH47]: This is a clarifying change that
improves the document and should be accepted.
Jefferson County Public Records Act Compliance Policy Page 23 of 40
04. 720A�73 A written statement of the specific reasons for the denial
must accompany any denial of a records request." Any denial
should inform the requestor that it is the final, definitive response.
for additional information
and the
6.5 Final, Definitive Response.
The Public Records Officer or desi fgieeRe�� shall provide to every
requestor a final, definitive response, confirming that Jefferson County does not
intend to provide any further response to the records request. The final, definitive
response shall be provided after investigation has determined that:
6.5.1 No records exist that are responsive to the request; or,
6.5.2 All records responsive to the request that are not being withheld under a
valid exemption have been provided; or,
6.5.3 The final installment of records responsive to the request that are not being
withheld under a valid exemption have been provided.
6.6 Requests to Create Records or Convert Records to a Different Format or Medium.
6.6.1 This Policy shall not obligate staff to create electronic or other records, or
to convert electronic records into a format or medium in which the records
are not already maintained.
6.6.2 When asked by a requestor to convert an electronic record into a different
format, staff is encouraged to do so when reasonable and technologically
feasible, provided such conversion is not unduly burdensome and does not
interfere with essential operations. 13
6.6.3 Requestors may request paper copies of electronic records subject to
applicable printing charges adopted by Jefferson County.
6.7 Responses to Requests are Records Themselves and Must Be Maintained.
Responses to requests for records, including responses by email, become records,
subject to the provisions of the Public Records Act and the retention requirements
of the Office of the Secretary of State, and shall be maintained accordingly.
6.8 Requests for Personnel and Employment Records.
22 See RCW 42.56.520(4).
21 See WAC 44-14-01002.
Formatted: Underline
Formatted: Underline
Formatted: Underline
Commented [PH48]: This suggested cross-reference was
suggested by staff and should be accepted.
Commented [PH49]: This proposed change requires a
policy decision by the BoCC whether the PRO or designee
should take on all this work. There also are possible budget
considerations. Accordingly, County Staff recommends this
proposed change not be adopted.
Jefferson County Public Records Act Compliance Policy Page 24 of 40
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 � jj 3&tL4�.
6.11 No Requirement to Create New Records to Respond to Aa Records Request.
Commented [PH50]: This proposed change maybe the
result of the application of redlining software because, if
accepted, no change would be made.
6.11.1 JeffeYSf17 CCU17�V 1S o_t required to Create Commented [PH 51]: This is an editing change that makes
new records in response to a request for records, but may, when deemed ( the text clearer and should be accepted.
feasible, tailor existing informational databases or indexes to provide a
report responsive to a request that otherwise would not be produced in the
normal course of business.
6.11.2 The determination of the feasibility of creating such reports shall consider
the ability to redact or withhold exempt information.
6.11.3 When the production of a tailored report requires additional resources such
as customized programming or fact -specific analysis, or would otherwise
interfere with other essential operations, Jefferson County is not required to
produce such tailored reports but should instead consult with the requestor
to determine if a Customized Electronic Access Service is necessary and
should be charged.
6.12 Request for Records that No Longer Exist.
Jefferson County only is required to provide records that exist at the time a request
is made.
6.13 Agreements in Response to Voluminous or Frequently Occurring Requests.
Jefferson County may enter into any contract, memorandum of understanding, or
other arrangement with a requestor in response to a voluminous or frequently
Jefferson County Public Records Act Compliance Policy Page 25 of 40
occurring request. An agreement of this type may also include an alternative cost
arrangement to the charges authorized in this Policy.'
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 R��n<°R�gin�nby v ll°�abi�
Commented [PH52]: As further modified, this suggested
change should be made.
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.
24 RCW 42.5 6.120(4)
Jefferson County Public Records Act Compliance Policy Page 26 of 40
6.15 Lxemptions from r, se4os r-eProduction.
6.15.1 Requested records maybe subject to exemption from dines -- production
under the Public Records Act or other statutes.
6.15.2 Some records may contain specific content that is exempt from
der-eproduction. The presence of exempt information does not
necessarily exempt an entire record from a: sete^we-production.1— ( Commented [PHss]: These changes were proposed by
Staff and should be accepted.
6,4 5 15. 3.........�With few exceptions, exemptions are permissive, not proscriptive;
therefore, Jefferson Counry mav determine that certain records may be
produced even if an exemption applies if doing so would serve the public
0,45.?0.15.4 Common exemptions are listed in Section 6.18.1.
6.16 Withholdine or Redactine 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 Records Liaisons are responsible for
identifying potential exempt records or records that contain potentially
exempt information.
Commented [PH54]: This is ahelpful suggestion and
should be accepted as modified so it is consistent with the
rest of the references to Prosecuting Attorney or designee
throughout the document.
6.16.3 Reeo,.a holdefs^�^'�^r �ll�5 �e int ' Records Liaisons are primarily
responsible for performing any redactions of exempt information that are
deemed necessary from their own departmental records.)
Commented [PH55]: This proposed change improves the
internal consistency of the document and should be accepted
6.16.4 �f there is any question as to whether records or portions of records subject
as modified.
to a request are exempt from diselss+4f@eEL( duction, 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
R.,. di seIas,,,-,.
cnc-mac-rvsmzpYOCluctlori t0 the YequeStOY.
(Commented [PH56]: This change was proposed by Staff
and should be accepted.
6.16.5 Departments may adopt standard procedures for withholding or redacting
portions of commonly requested exempt records. Such procedures shall be
6.16.6 When records are withheld or redacted, consistent with the requirements of
RCW 42.56.2110, the requestor shall be i d -provided. in writing, of the
a brief explanation of the reason(s) that information has been withheld or
Commented [PH57]: This is ahelpful suggestion and
should be adopted.
Commented [PH58]: This suggestion was suggested by
Staff and should be adopted.
Jefferson County Public Records Act Compliance Policy Page 27 of 40
6.17 Explanation of Exemptions-L-&gs.
6.17.1 An explanation of exemptions4gg shall be p -epaFe �qf t4e feeme a -- Formatted: Indent: Left: 1", Hanging: 0.6"
trot,,, *4e i^�rma*i^^ «,ithl�pld m^d 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 -d v444eWwithholding of a
YOCOYd.� Commented [PH59]: This change was suggested by Staff
and should be adopted.
-7. (r. 17.2 The brief explanation should provide enough information for a
reg uestor to make a threshold determination of whether the claimed
--proprletM-, or --prlyacV" are 1nsuinclem.r—_ � Commented [PH60]: This is ahelpful suggestion and
should be adopted.
0.17 20 l 7
hndividual occurrences of the same redaction maybe listed generally
in the explanation of exemptions—leg. For example, an explanation of
exemptions meed 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.1 Commented [PH61]: This change was proposed by Staff
and should be adopted.
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 thatidise, sur -e
roductiori would violate their right to privacy, including but not - Commented [PH62]: This change was proposed by Staff
limited to addresses, phone numbers, Social Security numbers, ( and should be adopted.
driver license numbers, voluntary deductions, marriage status,
information about dependents, and any garnishment deductions
(RCS 42.56.230(3) and RCS 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 (RCS 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 (RCS 42.56.240(11); and,
6.18.1.4 Personal information to include performance evaluations in files
maintained for employees, appointees or elected officials to the
2' See Rental Housinz Association v Citi ofDes Moines 199 R 3d_3 93165 Wash. 2d 525 - Washington Suureme Formatted: Font: Italic
Court, 2009
Jefferson County Public Records Act Compliance Policy Page 28 of 40
extent production would violate their right to privacy (RCyV
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 -Elite
production is essential for effective law enforcement or for the
protection of any person's right to privacy (RCyV 42.56.240(11)
6.18.1.6 Identifying information of victims or witnesses of crimes under
certain circumstances (RCyV 42.56.240(2) and (5));
6.18.1.7 Records created in anticipation of litigation (RCtV 42.56.290);
6.18.1.8 Records reflecting communications between attorneys and
Jefferson County employees where legal advice is sought or
received (RCyV 5.60.060(2));
6.18.1.9 Records that are protected by trade secrets law (RCyV 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 �re
Yoductio would produce private gain and public loss (LZQV — ( Commented [PH63]: This change was proposed by Staff
42.56.270(1)). and should be adopted.
6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to /(Formatted: underline
assert any exemptions permitted by law when Jefferson County determines
that such exemption applies and fit 4 rnr d" `elss4 @ (serves the public — � Commented [PH64]: This change was proposed by Staff
interest. and should be adopted.
Jefferson County Public Records Act Compliance Policy Page 29 of 40
6.19 Inspection of Responsive Records.
6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of,
staff making copies and should be encouraged to do so, especially when the
volume of records is large. Inspection prior to copying may serve to narrow
the scope of the request and can be useful for identifying and providing the
appropriate responsive records to requestors.
6.19.2 Requestors may make arrangements with the Public Records Officer or
designee, or a Records Liaison, to inspect records on Jefferson County
premises during normal business hours at a mutually convenient time. Staff
shall make every effort to accommodate reasonable requests for
appointment times, provided the appointments do not interfere with
essential department functions and ensure the security of records during
inspection. Jefferson County must take reasonable precautions to protect
records from damage and disorganization, which may include assigning
individuals to be present during review of public record originals.
6.19.3 The Records Liaison fulfilling the request shall provide for the security of
records during inspection, which shall be supervised by staff as deemed
appropriate. Requestors shall return all records inspected to the Records
Liaison in the condition and order they were provided. Records shall not
be altered in any way, rearranged, or removed from folders or removed from
Jefferson County premises during inspection. A requestor may flag selected
pages for copying but shall not alter the original record.
6.19.4 Requesters may not attach devices or cables to Jefferson County systems or
equipment. Because of the potential for introducing a threat to the security
of or otherwise damaging Jefferson County systems or equipment, Jefferson
County does not allow requesters to attach or insert their own devices or
cables into any Jefferson County computer system, equipment, or a USB
port. Copying of records from a Jefferson County system or equipment will
be done by staff. The requester must reimburse the Jefferson County's cost
for the storage media, and such copying will be done by staff.
6.19.5 Jefferson County reserves the right to make copies of records for inspection
rather than provide the original records for inspection.
6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson
County, excessively interfere with operations, or be unreasonably disruptive
or disrespectful to staff. 16
21 See WAC 44-12-01022.
Jefferson County Public Records Act Compliance Policy Page 30 of 40
6.20 Electronic Records.
6.20.1 Records available in electronic form that do not require redaction may be
provided to a requestor in native format unless the requestor specifically
asks that they be provided in paper or other form.
6.20.2 When requested and deemed feasible, electronic records may be converted
from one format to another provided such conversion is not unduly
burdensome to staff.
6.20.3 The copy created of a translation of an electronic record into an alternative
electronic format at the request of the requestor does not constitute a new
record.27
6.20.4 Scanning paper records to make electronic copies of the records is a method
of copying paper records and does not amount to the creation of a new
record.28
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.29
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 2-'6.21.4 (When records are produced in installments and one or more records
Formatted: Underline
Formatted: Underline
27 See RCW 42.56.120(1).
2s See RCW 42.56.120(1).
21 See RCW 42.56.070(7).
Jefferson County Public Records Act Compliance Policy Page 31 of 40
fullest assistance to reauestors. it is not sufficient to
Commented [PH65]: This is ahelpful suggestion and
should be adopted.
6-�4 � 2 f .5 ......The Public Records Officer or designee must attempt to contact
the requestor at_aii> prior to deeming an installment request abandoned. - Commented [PH66]: This is a helpful suggestion and
should be adopted.
6.22 Requestor Responsibility.
6.22.1 Requestors shall arrange to inspect records or claim copies of requested
records within 30 calendar days following notification by Jefferson County
that responsive records are available for inspection or copying. The 30
calendar days begin on the business day immediately following the date of
Jefferson County's notice that the records are available and includes
weekends and Jefferson County holidays. The Public Records Officer or
designee may extend this period, as appropriate, to ensure fullest assistance
to requestors.
6.22.2 Requestors must respond to requests for clarification within 30 calendar
days of being contacted or a request may be deemed abandoned and closed.
A final, definitive response � must e sent t0 the requestor when a — Commented [PH67]: This is ahelpful suggestion and
request is closed. should be adopted.
6.22.3 Prior to closing the request, the Public Records Officer or designee may
must attempt to confirm whether the requestor still wants the requested
6.22.4 If a requestor fails to claim or arrange for inspection of requested records
a€tbefore he expiration of the period to inspect or claim copies of
requested records, the request may be deemed abandoned and closed.
6.23 Order of Processing Requests.
To allocate resources efficiently and fairly and to provide fullest assistance to all
requesters, Jefferson County will process requests in the order that allows the
greatest number of requests from the greatest number of requesters to be processed.
Requests are not always processed in the order received. Many factors likely will
affect the timeline by which requests are completed. These factors include, but are
not necessarily limited to: (a) The number of pending requests; (b) A large number
or volume of records requested; (c) The complexity of a request; (d) The clarity of
a request; (e) Whether the IT Department must be engaged; (f) Whether the records
are not easily identified, located or accessible; (g) levels of current staffing; (h)
Whether research is required; (i) The amount of time needed by staff whose primary
responsibility is public records; 0) The number of departments involved; (k) The
number of employees who may have responsive records; (1) Whether third -party
notice will be given; (m) Whether review for exemptions is required; (n) Whether
Commented [PH68]: This is ahelpful suggestion and
should be adopted.
Commented [PH69]: This change would allow for closing
out a request before the inspection period ends.
Accordingly, it should not be adopted.
Jefferson County Public Records Act Compliance Policy Page 32 of 40
redactions are required; (o) Whether legal review is required; and, (p) Whether
records retention review is required.
6.24 Allocating_ Specific Amounts of Time and Resources.
To provide fullest assistance to all requesters and to prevent excessive interference
with other essential operations, the Jefferson County Departments may allocate
specific amounts of time and resources to responding to a request. This may
include, but is not limited to, allocating a specific number of hours per week or
month to be spent by the Public Records Officer or other employees for whom
responding to records requests is not their primary duty.
6.25 Multiple Requests by the Same Requestor.
6.25.1 When a requestor makes one or more additional requests when a previous
request from the same requestor is still open or when the requestor
simultaneously submits multiple, separate requests, staff may queue the
requests in any order that is deemed practical for the purposes of providing
timely and full responses to each request, while also maintaining Jefferson
County's duty to respond in like fashion to all other requestors or to prevent
disruption of other essential governmental functions and responsibilities.
This may include queuing the requests in the order received.
6.25.2 Ll lie.. Public Records Officer or designee must notify the requestor if a
request is reprioritized by Staff in a way that changes the previous estimate,
if any of the time required to respond to the request and must notify the
requestor of the new reasonable estimate of the time required. € 4t
feciHifed to work on —
6.25.3 Requestors with multiple open requests may request that the Public Records
Officer or designee reprioritize the requests.
6.26 Requests Log.'0
6.26.1 The Public Records Officer or designee shall maintain a log of records
requests received by Jefferson County that shall include at a minimum:
6.26.1.1 Identity of the requestor if provided by the requestor;
6.26.1.2 Date of receipt of the request;
6.26.1.3 The text of the original request;
30 See KCW 40.14.02L41
Commented [PH70]: This is ahelpful suggestion and
should be adopted.
Commented [PH71]: This suggested change should not be
made. It does not follow from the above suggestion and
covers a different issue.
Jefferson County Public Records Act Compliance Policy Page 33 of 40
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 gb2pterRCW 40.14-R�,, and
shall be a record subject to 4inselo,,4�productionl under ('C'1 ap" CW
" — .—A 33
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 WashinYton State Local Government Common Records
Retention Schedule.
7.2 Records in Request Files that Must Be Maintained.
7.2.1 When requested records are redacted, the Records Liaison shall keep a copy
of the redacted records and the un -redacted records for the request file.
7.2.2 A listing only of the redacted records provided to the requestor is not
sufficient in accordance with the provisions of the official state records
retention schedules.
Commented [PH72]: County Staffs draft correctly cites
to the Chapter of the RCW, as
Chapter 40.14 RCW
Commented [PH73]: This is ahelpful suggestion and
should be adopted.
Commented [PH74]: County Staffs draft correctly cites
to the Chapter of the RCW, as Chapter 42.56 RCW.
However, the "c" in chapter should be capitalized.
Jefferson County Public Records Act Compliance Policy Page 34 of 40
7.3 Archiving and Destruction of Public Records Request Records.
Within the time required by the Washington State Local Government Common
Records Retention Schedule, GS2010-014, after a final, definitive response has
been sent to the requestor, the Records Liaison shall communicate with the Public
Records Officer or designee to determine whether the request file should be
archived or destroyed.
8.0 Compliance with Best Practices Annual Reporting Requirements
The Public Records Officer or designee shall comply with the best practices annual reporting
requirements contained in RCW 40.14.026.--
9.0
0.14.026.
9.0 Administrative Review
9.1 No Final Decision Until Review Under this Section.
Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c)
failure provide a reasonable estimate for providing a record; (d) or, failure to assess
a reasonable charge for a record becomes final only after review is completed under
Section 9. No lawsuit to review the action taken, compel the production of a record,
or impose a penalty or attorney fees shall be brought before the administrative
remedies set out in this section have been exhausted.
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
(44i4 Gi 4' Por„ ,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 GiN �Prosecuting Attorney's Office,' shall consider the petition Commented [PH75]: This change was proposed by Staff
for review and shall either reverse or affirm the denial within two (2) business days ( and should be accepted.
of receipt of the petition for review. The two business -day response period begins
on the business day immediately following receipt of the petition for review.
Jefferson County and the requestor may mutually agree to a longer period for
consideration of a petition for review.
Jefferson County Public Records Act Compliance Policy Page 35 of 40
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 nhief GiN 1 Pep ,Prosecuting Attorney's Office affirms the decision, the - Commented [PH76]: This change was proposed by Staff
decision shall be considered Jefferson County's final action for the purposes of ( and should be accepted.
judicial review. Administrative remedies shall not be considered exhausted until
the nhief gi; 1 iso, -.„r.' Prosecuting Attorney's Office has made a written decision, - Commented [PH77]: This change was proposed by Staff
or until the close of the second business day following receipt of the written petition ( and should be accepted.
for review, whichever occurs first.
10.0 Costs for Public Records
The costs for public records has been set by Jefferson County Ordinance No. . The
requirements of Jefferson County Ordinance No. are repeated below for purposes
of convenience.
10.1 Inspection Only.
There is no charge for inspection of records.
10.2 Records Already on Jefferson County Website.
Jefferson County will not charge any costs for access to or downloading of records
that it posts on Jefferson County's website prior to receipt of a request, unless the
requestor has specifically requested that Jefferson County provide copies of these
records through other means.34
10.3 Statutory Basis.
Fees for the provision of responsive records will be in accordance with RCW
42.56.120.
10.4 Calculation of Costs.
Except as stated below, Jefferson County has determined that the calculation of
actual costs it charges for providing records would be unduly burdensome. Due to
limited staffing resources such a study would interfere with other essential agency
functions. Therefore, to implement a cost schedule consistent with the Public
Records Act, it is more cost efficient, expeditious and in the public interest for
Jefferson County to adopt the state legislature's approved fees and costs for most
of Jefferson County's records, as authorized in RCW 42.56.120 and as published
34 See RCW 42.56.120(2)(e).
Jefferson County Public Records Act Compliance Policy Page 36 of 40
in the Jefferson County Public Records Request Cost Schedule.35 (These fees shall
Commented [PH78]: This change was proposed by Staff
and should be accepted.
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
Commented [PH79]: This change was proposed by Staff
and should be accepted.
10.4.2 Jefferson County will charge the actual cost for the following:
10.4.2.1 Digital storage media or device provided by Jefferson County;36
10.4.2.2 Containers or envelopes used to mail copies to the requestor;31
10.4.2.3 Any postage or delivery charge;38
10.4.2.4 Photocopies, printed copies of electronic records on paper sizes
larger than 8.5" x 14";
10.4.2.5 Costs of outside vendors for large-scale requests and odd -sized or
larger color copies, if Jefferson County:
10.4.2.5.1 Notifies the requestor of the outside vendor costs to be
applied to the Request, including an explanation of why
the outside vendor cost is necessary and a reasonable
estimate of the charge; and
10.4.2.5.2 Provides the requestor an opportunity to amend the
request to avoid or reduce the cost of the outside vendor.
10.4.3 A Customized Electronic Access Service Charge will apply if Jefferson
County_=1;gstimates hat a request would require the use of information Commented [PH80]: Fixes atypographical error and
technology expertise to prepare data compilations, or provide customized ( should be accepted.
electronic access services when the compilations or records created by the
customized electronic access services are not used by Jefferson County for
its other purposes;39
10.4.3.2 Notifies the requestor of the Customized Electronic Access
Service Charge to be applied to the request, including an
explanation of why the charge applies, a description of the
31 See RCW 42.56.120(2)(b)-
36 See RCW 42.56.120(2)(b)(v).
3' See RCW 42.56.120(2)(b)(v).
39 See RCW 42.56.120(2)(b)(v).
31 See RCW 42.56.120(3)(a).
Jefferson County Public Records Act Compliance Policy Page 37 of 40
specific expertise required, and a reasonable estimate of the
charge; 40 and,
10.4.3.3 Provides the requestor an opportunity to amend the request to
avoid or reduce the cost of a Customized Electronic Access
Service Charge .41
10.4.4 Charges may be combined if more than one type of charge applies to
copies produced in response to a request.42
10.4.5 Jefferson County may enter into any contract, memorandum of
understanding, or other arrangement with a requestor that provides an
alternative cost arrangement to the charges authorized in this Policy, or in
response to a voluminous or frequently occurring request .41
10.5 Cost Schedule.
A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix
A of Ordinance is attached to this Policy. The cost schedule also shall be codified
in the Jefferson County Code Appendix Fee Schedules, and shall be updated
administratively by the Clerk of the Board of County Commissioners) to incorporate — Commented [PH81]: This is a clarifying change that
changes in the costs in RCW 42.56.120, as presently enacted or as may be amended should be accepted.
by in the future. A copy of an updated cost schedule also shall be maintained on the
Public Records portal on the Jefferson County website and shall be posted at the
Jefferson County Commissioners' Office. The costs for the provision of public
records are not subject to indexing pursuant to Ordinance No. 12-96.
10.6 Deposit.
A deposit of up to ten (10) percent of the estimated total cost of providing copies
for a request, including a customized service charge '44 may be required by Jefferson
County before records are copied. When requested records are provided on an
installment basis, costs shall be collected for copies prior to provision of the next
installment. Failure to pay for an installment shall place compilation of subsequent
installments on hold.
10.7 Failure to Fulfill Payment Requirements
If payment arrangements are not made within 30 calendar days of notice that
records are available, the entire request may be deemed abandoned and closed. A
reasonable attempt shall be made by the Public Records Officer or designee, or a
40 See RCW 42.56.120(3)(b).
41 See RCW 42.56.120(3)(b).
42 See RCW 42.56.120(2)(c).
43 See RCW 42.56.120(4).
44 See RCW 42.56.120(4).
Jefferson County Public Records Act Compliance Policy Page 38 of 40
Records Liaison, to contact the requestor prior to deeming a request abandoned and
closed.
11 Limitations
11.1 No Additional Leal Rights.
This Policy does not create legal rights beyond those obligations and rights created
by statute or other laws binding on Jefferson County.
11.2 Statutory Requirements and Best Practices.
11.2.1 The provisions of federal and state law control, if there is any conflict with
this Policy.
11.2.2 This Policy includes both statutory requirements and best practices.
11.2.3 Except where mandated by statute, any duties identified in this Policy are
discretionary or advisory only and shall not impose any affirmative duty on
Jefferson County.
11.3 No Additional Duty That is Not Already Imposed by Law.
No provision nor any term used in this Policy is intended to impose any duty
whatsoever upon Jefferson County or any of its officers or employees, not already
imposed by law.
11.4 No Basis for Liability.
This Policy is not intended to and shall not be construed to create or form the basis
of any liability on the part of Jefferson County, or its officers, staff, or agents, for
any injury or damage resulting from any action or inaction on the part of Jefferson
County related in any manner to the enforcement of this Policy by its elected
officials, officers, staff, or agents.
Jefferson County Public Records Act Compliance Policy Page 39 of 40
12.0 Amendments and Corrections
12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise
or change this Policy at any time.
12.2 The Clerk of the Board of County Commissioners lis authorized to make necessary , ( Commented [PH82]: This is a clarifying change that
technical, non -substantive corrections to this Policy including, but not limited to, should be accepted.
the correction of scrivener's or clerical errors, references, numbering,
section/subsection numbers and any references to them.
13.0 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining
parts of this Policy.
14.0 References
Chapter 5.,60 RCW
Chapter] p 08 RCW
Chapter 36.00 RCW
Chap ter 36.27 Vit'
Chapter 40.114 RCW
Chapter 82.12 RCW
Chapter 44-14 WAC
Chapter 434-615 WAC
Washington State Local C�ovemment Common Records Retention Schedule
Adopted by Resolution No. on the date of , 2017.
Commented [PH83]: Adding RCW Chapters referenced
in the document and placing the references in the correct
numerical order is a helpful change. The correct RCW
chapters have been added to improve the suggested change.
This suggested change should be adopted.
Jefferson County Public Records Act Compliance Policy Page 40 of 40
Proposed Public Records Request Cost Schedule:
Public Records Request
Cost Schedule 45
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)(2)(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
I 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 42.56RCW.
" See RCW 42.56.120(2).
Commented [PH84]: This change was proposed by Staff
and should be adopted.
Commented [PH85]: This proposed change was
suggested by the BoCC and implemented by Staff so the
BoCC can deliberate on whether and, if so, how much of an
fee should be waived for providing public records.
ATTACHMENT TWO 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,11 apt 42x56 RC`W 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 ofChapter 2,.5 6 Pf°W Jefferson
County adopted 1,, .i, „o„l„u,t„uon 9-06 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 Qlapler
156R�W the Pu he Records Act, and hapl t°....'�0.1 . 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 ;,°��=11 lg
42.56 IZCW, the JEFFERSON COUNTY PUBLIC RECORDS COMPLIANCE POLICY is
hereby adopted as stated in ATTACHMENT "A" to this Resolution.
5. Be it further resolved that Resolution 39-06, along with its attachments, is repealed
and replaced by adoption of this Resolution.
6. This Resolution is effective immediately upon adoption.
7. If any section, subsection, paragraph, sentence, clause, or phrase of this resolution is
declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining parts of this resolution.
(SIGNATURES FOLLOW ON NEXT PAGE)
APPROVED and ADOPTED this _ day of 2018.
ATTEST:
Carolyn Gallaway
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
David Sullivan, Chair
Kathleen Kler, Member
Kate Dean, Member
2
RESOLUTION ATTACHMENT "A"
X50
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SK N G1�
JEFFERSON COUNTY
PUBLIC RECORDS ACT
COMPLIANCE POLICY
(Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27,
2006 and [date of adoption])
Jefferson County Public Records Act Compliance Policy Page 2 of 35
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: ....................................................................................................
7
2.7
Disclosure: ........................................................................................................................
7
2.8
Exempt Record: ................................................................................................................
7
2.9
Failure to Provide a Record: .............................................................................................
7
2.10
Final, Definitive Response: ..............................................................................................
7
2.11
Fullest Assistance: ............................................................................................................
8
2.12
Human Resources: ............................................................................................................
8
2.13
Jefferson County:.............................................................................................................
8
2.14
Normal Business Hours:...................................................................................................
8
2.15
Person in Interest: .............................................................................................................
8
2.16
"Person in Interest" means "Person in interest"
as defined in RCW 42.56.010(2), as in
effect now or as amended in the future...........................................................................
8
2.17
Policy: ...............................................................................................................................
8
2.18
Production:.......................................................................................................................8
2.19
Public Records Liaison and Records Liaison: ..................................................................
9
2.20
Public Records Officer: ....................................................................................................
9
2.21
Record: .............................................................................................................................
9
2.22
Record holder: ..................................................................................................................
9
2.23
Request: ..........................................................................................................................
10
2.24
Requestor:.......................................................................................................................10
2.25
Section: ...........................................................................................................................
10
Jefferson County Public Records Act Compliance Policy Page 3 of 35
2.26
Staff: ...............................................................................................................................
10
2.27
Web Portal:.....................................................................................................................
10
2.28
Written Information:......................................................................................................
10
3.0
General Provisions.............................................................................................................
11
3.1
Public Records Act Compliance....................................................................................
11
3.2
Applicability...................................................................................................................11
3.3
Non -Discrimination Requirement..................................................................................
11
3.4
Records Are the Property of the State of Washington ...................................................
11
3.5
Use of Available Electronic Resources Encouraged......................................................
12
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.....................................................................................................
15
5.0
Public Records Requests....................................................................................................
15
5.1
Format of Requests.........................................................................................................
15
5.2
Fair Notice of Records Request.....................................................................................
15
5.3
Lists of Individuals.........................................................................................................
16
5.4
Bot Requests...................................................................................................................
16
6.0
Jefferson County Response to Public Records Requests ...................................................
16
6.1
Required Communication by Records Liaisons Upon Receipt of a Records Request...
16
6.2
Requests for "All Records" is Insufficient.....................................................................
17
6.3
Prompt Response Required............................................................................................
17
6.4
Types of Five (5) Day Responses..................................................................................
18
6.5
Final, Definitive Response.............................................................................................
20
6.6
Requests to Create Records or Convert Records to a Different Format or Medium .....
21
6.8
Requests for Personnel and Employment Records........................................................
21
6.9
Requests for Court Records............................................................................................
21
6.10
Locating Responsive Records........................................................................................
21
6.11
No Requirement to Create New Records to Respond to a Records Request .................
21
6.12
Request for Records that No Longer Exist.....................................................................
22
6.13
Agreements in Response to Voluminous or Frequently Occurring Requests ................
22
Jefferson County Public Records Act Compliance Policy Page 4 of 35
6.14
Immediate Provision or Inspection of Records "Over the Counter... .............................
22
6.15
Exemptions from Production.........................................................................................
23
6.16
Withholding or Redacting Records Based on Exemptions ............................................
23
6.17
Explanation of Exemptions............................................................................................
23
6.18
Summaries of Common Exemptions.............................................................................
24
6.19
Inspection of Responsive Records.................................................................................
25
6.20
Electronic Records.........................................................................................................
26
6.21
Installments....................................................................................................................
26
6.22
Requestor Responsibility................................................................................................
27
6.23
Order of Processing Requests........................................................................................
27
6.24
Allocating Specific Amounts of Time and Resources ...................................................
28
6.25
Multiple Requests by the Same Requestor.....................................................................
28
6.26
Requests Log..................................................................................................................
28
6.27
Preservation of Request Clarifications and Search Efforts ............................................
29
7.0
Records Retention Required..............................................................................................
29
7.1
Retention of Public Records Request Records...............................................................
29
7.2
Records in Request Files that Must Be Maintained.......................................................
29
7.3
Archiving and Destruction of Public Records Request Records ....................................
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...........................................................
30
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
Jefferson County Public Records Act Compliance Policy Page 5 of 35
10.7 Failure to Fulfill Payment Requirements.......................................................................
33
11 Limitations.........................................................................................................................
33
11.1 No Additional Legal Rights...........................................................................................
33
11.2 Statutory Requirements and Best Practices....................................................................
33
11.3 No Additional Duty That is Not Already Imposed by Law ...........................................
34
11.4 No Basis for Liability.....................................................................................................
34
12.0 Amendments and Corrections............................................................................................
34
13.0 Severability........................................................................................................................
34
14.0 References..........................................................................................................................
34
Proposed Public Records Request Cost Schedule: .......................................................................
35
Jefferson County Public Records Act Compliance Policy Page 6 of 35
1.0 Purpose: Compliance with Public Records Act
"The people of this state do not yield their sovereignty to the agencies that
serve them. The people, in delegating authority, do not give their public
servants the right to decide what is good for the people to know and what is
not good for them to know. The people insist on remaining informed so that
they may maintain control over the instruments that they have created. This
chapter shall be liberally construed and its exemptions narrowly construed
to promote this public policy and to assure that the public interest will be
fully protected. In the event of conflict between the provisions of this
chapter and any other act, the provisions of this chapter shall govern."
RCW 42.56.030.
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 of Jefferson
County designated as the backup person for responding to records requests when
Records Liaisons are not available to respond to records requests. For the
avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records
Liaison when a Records Liaison is not available to respond to records requests.
2.2 Bot Request:
"Bot request" means "Bot request" as defined in RCW 42.56.080(3), as in effect
now or as amended in the future.
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.
Jefferson County Public Records Act Compliance Policy Page 7 of 35
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.
2.6 Customized Electronic Access Service:
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 Disclosure:
"Disclosure" of a Record means notifying a Requestor of the existence of a Record,
in contrast with "Production."
2.8 Exempt Record:
"Exempt record" means records or portions of records that are exempt from
production to the public. Exemptions include those identified in the Public Records
Act or in other statutes incorporated by RCW 42.56.070, or in case law. Exemption
from production of a portion of a record does not automatically exempt the
remainder of the record from production. Exempt portions of records may be
subject to redaction.
2.9 Failure to Provide a Record:
"Failure to Provide a Record" means any action by any Jefferson County employee
that results in: (a) The failure to respond to a request; (b) Without justification, the
failure to provide timely a requested record or any portion of it; (c) The express
denial of a request for a record; (d) The refusal to provide a record; (e) Without
justification, the claim of an exemption for a record or any portion of it; or, (f) the
closure of a request for any reason.
2.10 Final, Definitive Response:
"Final, Definitive Response" means Jefferson County's final response to a records
request, confirming that Jefferson County does not intend to provide any further
response to the records request.
Jefferson County Public Records Act Compliance Policy Page 8 of 35
2.11 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, as
now in effect or as amended in the future, and WAC 44-14-04003, as now in effect
or as amended in the future. 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
other requesters, result in damage or disorganization of records, or excessively
interfere with essential agency functions.
2.12 Human Resources:
"Human Resources" means the Human Resources Officer of Jefferson County.
2.13 Jefferson County:
"Jefferson County" means Jefferson County, Washington. As used in this Policy,
Jefferson County refers all county departments, their divisions, and subdivisions.
2.14 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.
2.15 Person in Interest:
2.16 "Person in Interest" means "Person in interest" as defined in RCW 42.56.010(2
as in effect now or as amended in the future.
2.17 Policy:
"Policy" means this Jefferson County Public Records Act Compliance Policy.
2.18 Production:
"Production" of a Record means making the Record available to the Requestor for
inspection and/or copying after the application of exemptions and redactions, if any,
in contrast with "Disclosure."
Jefferson County Public Records Act Compliance Policy Page 9 of 35
2.19 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.
2.20 Public Records Officer:
"Public Records Officer" means the person who is appointed as Public Records
Officer for Jefferson County pursuant to RCW 42.56J80.
2.21 Record:
"Record" means "Public Record", "Public record" as defined in RCW
42.56.010(3, as in effect now or as amended in the future, or pursuant to case law,
including:
2.21.1 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.
2.21.2 This definition does not include records that are not otherwise required to
be retained by Jefferson County and are held by volunteers who:
2.21.2.1 Do not serve in an administrative capacity;
2.21.2.2 Have not been appointed by Jefferson County to an agency board,
commission, or internship; and,
2.21.2.3 Do not have a supervisory role or delegated Jefferson County
authority.
2.21.3 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.
2.22 Record holder:
"Record holder" means the department or staff having custody of a record.
Jefferson County Public Records Act Compliance Policy Page 10 of 35
2.23 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.
2.24 Requestor:
"Requestor" means the individual submitting the request for records.
2.25 Section:
"Section" means a section or a subsection of this Policy. For the avoidance of
doubt, reference to a section includes a reference to every subsection in that section
but reference to a subsection does not include reference to any other subsection in
that section or in any other section.
2.26 Staff:
"Staff' means collectively elected officials, officers, and employees of Jefferson
County.
2.27 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.
2.28 Written Information:
"Written information" means "Writing", as defined in RCW 42.56.010(4), as is
now in effect or as amended in the future, or in case law, including, 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 that meet this definition shall be considered
written information, this includes but is not limited to email, internet access logs,
metadata, text messages.
Jefferson County Public Records Act Compliance Policy Page 11 of 35
3.0 General Provisions
3.1 Public Records Act Compliance.
3.1.1 It is the policy of Jefferson County to provide access to records in
accordance with the requirements of the Public Records Act, Chapter 42.56
RCW.
3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors
and the most timely but practicable action in response to requests for records
in Jefferson County's custody that state law or court rule do not exempt or
prohibit from production.
3.1.3 This Policy provides straightforward, predictable practices for responding
to and fulfilling requests for disclosure of public records in a manner
consistent with the Public Records Act. This Policy provides appropriate
safeguards for information exempted from or prohibited from production
by federal or state law.
3.2 Applicability.
3.2.1 This Policy shall apply to all employees, elected officials, and advisory
boards and commissions of Jefferson County.
3.2.2 This Policy does not apply to responses to legal discovery requests
governed by the Washington Courts' Civil Rules or the Federal Rules of
Civil Procedure.
3.2.3 This Policy does not apply to judicial court records or judicial
administrative records requests governed by Washington State Courts'
General Rules.
3.3 Non -Discrimination Requirement.
Procedures governing access to records shall ensure access to records without
discrimination or distinction among requestors and without regard to the intent of
the requestor, and such requestors shall not be required to provide information as
to the purpose for the request, except to establish whether inspection and copying
would violate RCW 42.56.070(8� RCW 42.56.240(14�, or any other statute which
exempts or prohibits production of specific information or records to requestors.
3.4 Records Are the Property of the State of Washington.
All public records shall be and remain the property of the state of Washington and
of its people. Jefferson County, a political subdivision of Washington State,
prepares, owns, uses, and retains records on behalf of the people.
Jefferson County Public Records Act Compliance Policy Page 12 of 35
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 based on the following findings:
3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome
and would interfere with operations.
3.6.2 Jefferson County is comprised of numerous separate departments, their
divisions, and subdivisions, many of which are located in facilities in
various locations throughout Jefferson County.
3.6.3 Departments and their divisions maintain separate record-keeping systems.
3.6.4 Because Jefferson County has records which are diverse, complex, and
stored in multiple locations and identified in various record-keeping
systems, some computerized and some on paper, it is unduly burdensome
to maintain a central index of records.
3.6.5 If a requested index exists, then Jefferson County shall make it available for
public inspection and copying.
4.0 Roles of Staff Designated to Address Public Records Requests
4.1 Public Records Officer.
4.1.1 The Public Records Officer is the person who is appointed as Public
Records Officer for Jefferson County pursuant to RCW 42.56.580.
Jefferson County Public Records Act Compliance Policy Page 13 of 35
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 RCS;
4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's
response when a request involves multiple record holders, is broad
in scope, or is otherwise complicated to fulfill;
4.1.5.3 Route requests to appropriate Records Liaisons in possession of
records;
4.1.5.4 Serve as a resource and provide training, technical advice, and
instruction to Records Liaisons and other staff on topics related to
disclosure of records;
4.1.5.5 Maintain a list of department Records Liaisons and Backup
Records Liaisons who are designated to accept and fulfill requests
for disclosure of records on a regular basis;
4.1.5.6 Consult with Records Liaisons and other staff about fulfillment of
records requests;
4.1.5.7 Approve forms, web portals or software for use in processing
records requests;
4.1.5.8 Along with the Jefferson County 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; and,
Jefferson County Public Records Act Compliance Policy Page 14 of 35
4.1.5.11 Maintain information relating to records on Jefferson County's
website.
4.1.6 Not every request must be addressed to the Public Records Officer, nor is it
intended that fulfillment of every request will be done by the Public Records
Officer or designee. In the interest of providing effective access to records,
the Public Records Officer or designee may refer parties requesting records
to a Records Liaison, as appropriate.
4.1.7 Forms or web portals to request records shall be approved by the Public
Records Officer or designee for general use by staff. As needed, the Public
Records Officer or designee may approve alternate request forms or web
portals that are specialized for request of records with unique statutory
considerations, such as law enforcement records.
4.1.8 The Public Records Officer or designee shall comply with statutory logging
and reporting requirements under Chapter 40.14 RCW.
4.2 Chief Civil Deputy Prosecuting Attorney.
4.2.1 Pursuant to RCW 36.27.020, the Jefferson County Prosecuting Attorney is
the legal advisor to Jefferson County and all its officers in all matters
relating to their official business.
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 Jefferson County 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,
Jefferson County Public Records Act Compliance Policy Page 15 of 35
copy requested records, arrange for the supervised public inspection of
requested records, and maintain files and logs of requests for public records
fulfilled by the department.
4.3.4 Records Liaisons shall report metrics of public records disclosure activity
to the Public Records Officer or designee, in accordance with RCW
40.14.020.
4.4 Trainingand nd Updates.
The Public Records Officer or designee, or the Jefferson County Prosecuting
Attorney's Office shall distribute updates and provide training as appropriate on
laws, legal precedents, and policy changes affecting fulfillment of records requests,
as appropriate.
5.0 Public Records Requests
5.1 Format of Requests.
5.1.1 No official format is required for making a records request.
5.1.2 Jefferson County recommends that requestors make requests in writing,
using Jefferson County's approved submittal form or approved web portal.
5.1.3 When a request is received that does not include information sufficient to
respond to the request, staff may attempt to obtain clarification immediately
and/or recommend that the requestor complete and submit a form to provide
information more accurately needed to identify records or respond
effectively.
5.1.4 If a requestor chooses to submit a non -written oral request, staff shall
transcribe the request and attempt to obtain verification from the requestor,
preferably in writing, that the transcription correctly memorializes the
request, and consult with the Public Records Officer or designee, as
necessary, to ensure an appropriate response. Regardless of whether
verification in writing is obtained, staff shall fulfill the request as it is
transcribed.
5.2 Fair Notice of Records Request.
5.2.1 Any Jefferson County staff may accept records requests. If presented with
a request, staff shall bring it to the attention of a Records Liaison
immediately or at the earliest opportunity.
5.2.2 It is the requestor's obligation to provide Jefferson County with fair notice
that a Public Records Act request has been made. Oral records requests,
especially when presented to agency staff other than the Public Records
Jefferson County Public Records Act Compliance Policy Page 16 of 35
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.
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 Jefferson County
Prosecuting Attorney's Office.
5.4 Bot Requests.
Jefferson County may deny a Bot Request in accordance with RCW 42.56.080(3
as it exists now or as it may be amended in the future, if it is one of multiple requests
from the requestor within a twenty -four-hour period, if responding to the multiple
requests would cause excessive interference with other essential operations of
Jefferson County.
6.0 Jefferson County Response to Public Records Requests
6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request.
6. 1.1 When the request is not received in writing, staff shall communicate the
request and the response to the Public Records Officer or designee for
purposes of complying with the logging and reporting requirements
contained in Chapter 40.14 RCW.
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.
Jefferson County Public Records Act Compliance Policy Page 17 of 35
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 their
department's 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's supervisor or
Records Liaison.
6.1.5 Records Liaisons shall advise department record holders of the five (5) day
response deadline when forwarding records requests and consult with
record holders when estimating the fulfillment date.
6.2 Requests for "All Records" is Insufficient.
6.2.1 The Public Records Act requires that requests be for identifiable records.
6.2.2 A request for all or substantially all records prepared, owned, used, or
retained by an agency is not a valid request for identifiable records under
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. See RCW
42.56.080(1).
6.2.3 Requests for "all records relating to," "all records regarding," or "all records
pertaining to" are inherently ambiguous and requestors are encouraged to
avoid using such terms when possible to avoid unnecessary delays.
Requests for "all records relating to," "all records regarding," or "all records
pertaining to" may be interpreted to mean those records that directly and
fairly address the topics that are reasonably identifiable by the Records
Liaison fulfilling the request. A Records Liaison may seek clarification of
any such request following the procedure prescribed in Section 6.4.3.
6.3 Prompt Response Required.
6.3.1 Staff shall communicate the request and response to the Public Records
Officer or designee for purposes of complying with the logging and
reporting requirements contained in Chapter 40.14 RCW.
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.
Jefferson County Public Records Act Compliance Policy Page 18 of 35
6.3.3 Jefferson County shall honor requests for identifiable records that are
received by any mode of communication during normal business hours,
including by telephone, by mail, by email, by web portal, or in person.
6.3.4 Requests for identifiable records received after normal business hours shall
be considered received on the next business day.
6.3.5 Records requests will be processed in the order that provides the timeliest
response. Requests may be fulfilled in the order of receipt, so long as easily
fulfilled requests are not postponed behind larger or more complicated
requests, strictly because they were received later.
6.3.6 Initial responses, installment responses, and final responses from staff to
requests for records shall be made in writing and may be by fax, letter,
notation on a request form, or email.
6.4 Types of Five (5) Day Responses.
The initial response to the requestor shall be made in writing within five (5)
business days of receipt of a request, shall acknowledge receipt of the request, shall
provide to the requestor a list of the names of the department(s) to which the request
was routed, if and take on of the following types of responsive actions:
6.4.1 Provide Records: Provide the requested records, when possible.
6.4.2 Direct the Requestor to Online Documents:
6.4.2.1 If the records requested are available via a Jefferson County
website, staff may provide a direct link to the requestor to the
online documents.
6.4.2.2 However, if the requestor notifies Jefferson County the requestor
cannot access the records through the internet, then Jefferson
County shall provide copies of the record or allow the requestor
to view copies using a Jefferson County computer.
6.4.3 Ask for Clarification of Request:
6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson
County may ask the requestor in writing to provide clarification
and will provide, to the greatest extent possible, a reasonable
estimate of the time Jefferson County will require to respond to
the request if it is not clarified.
6.4.3.2 Clarification shall focus on information needed to identify
responsive records.
Jefferson County Public Records Act Compliance Policy Page 19 of 35
6.4.3.3 All clarifications should be in writing but may be oral. In the case
of oral clarification, staff involved in the conversation shall
document the clarification in writing and include the information
in the request file.
6.4.3.4 When appropriate, as part of the clarification process, staff may
work with the requestor to find ways to narrow the request. When
a requestor agrees to narrow a request, nothing prevents the
requestor from later expanding the request back to its original
scope. In such a case, staff may create a new estimate of
reasonable time required to respond that corresponds to the
expanded request.
6.4.3.5 If staff is unable to identify with confidence the records sought by
a requestor, or when a request appears to be overly broad and
unsuccessful attempts have been made to obtain clarification from
the requestor, staff shall consult with the Jefferson County
Prosecuting Attorney's Office, which shall review the request and
provide direction to staff regarding its fulfillment. Staff may also
consult with the Public Records Officer or designee on such
requests.
6.4.3.6 If the requestor fails to respond to a request for clarification, and
the entire request for records is unclear, Jefferson County need not
respond to the request for records. In such case, Jefferson County
must advise the requestor that the request will be considered
closed if the requestor fails to provide clarification as requested
within 30 days.
6.4.3.7 In all events, Jefferson County must respond to those portions of
the request for records that are clear.
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.
Jefferson County Public Records Act Compliance Policy Page 20 of 35
6.4.5.2 Additional time required to respond to a request may be based
upon the need to clarify the intent of the request, to locate and
assemble the information requested, to notify Persons in Interest,
other departments or employees of Jefferson County, or other
agencies affected by the request, or to determine whether any of
the information requested is exempt and that a denial should be
made as to all or part of the request.
6.4.6 Installments: An initial response may propose fulfilling large or
complicated requests on an installment basis and provide a written
estimated timeframe for preparation of the first installment.
6.4.7 Written Denial:
6.4.7.1 An initial response may be a written denial of the request based
on exemptions under federal or state law.
6.4.7.2 If there is any question as to whether any record, or any portion
of a record, should be exempt from production and therefore
should be denied from production to any requestor (by
withholding or redaction), a Records Liaison shall consult the
Jefferson County Prosecuting Attorney's Office or the Public
Records Officer or designee, and shall give them the opportunity
to inspect the subject record(s) before any such denial of
production is conveyed to the requestor.
6.4.7.3 A written statement of the specific reasons for the denial must
accompany any denial of a records request. Any denial should
inform the requestor that it is the final, definitive response.
6.4.7.4 See Sections 6.15 through 6.18 of this policy for additional
information regarding exemptions and the withholding or
redacting of responsive records.
6.5 Final, Definitive Response.
Records Liaisons shall provide to every requestor a final, definitive response,
confirming that Jefferson County does not intend to provide any further response
to the records request. The final, definitive response shall be provided after
investigation has determined that:
6.5.1 No records exist that are responsive to the request; or,
6.5.2 All records responsive to the request that are not being withheld under a
valid exemption have been provided; or,
6.5.3 The final installment of records responsive to the request that are not being
withheld under a valid exemption have been provided.
Jefferson County Public Records Act Compliance Policy Page 21 of 35
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.
6.6.3 Requestors may request paper copies of electronic records subject to
applicable printing charges adopted by Jefferson County.
6.7 Responses to Requests are Records Themselves and Must Be Maintained.
Responses to requests for records, including responses by email, become records,
subject to the provisions of the Public Records Act and the retention requirements
of the Office of the Secretary of State, and shall be maintained accordingly.
6.8 Requests for Personnel and Employment Records.
Human Resources shall review all personnel and employment records prior to
release.
6.9 Requests for Court Records.
Although not covered under the Public Records Act or under this Policy, any
records request received by Jefferson County Superior Court or District Court for
other Jefferson County department records shall be forwarded to the Public Records
Officer or designee immediately upon receipt.
6.10 Locating Responsive Records.
6.10.1 Staff shall make a reasonable effort to identify and locate all responsive
records.
6.10.2 When identifying records, the Records Liaison or Public Records Officer or
designee may ask the requestor for clarification or refinement of the request,
as discussed in Section 6.4.3.
6.11 No Requirement to Create New Records to Respond to a Records Request.
6.11.1 Jefferson County is not required to create new records in response to a
request for records, but may, when deemed feasible, tailor existing
informational databases or indexes to provide a report responsive to a
request that otherwise would not be produced in the normal course of
business.
Jefferson County Public Records Act Compliance Policy Page 22 of 35
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 g 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.
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 applicability of exemptions.
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.
Jefferson County Public Records Act Compliance Policy Page 23 of 35
6.15 Exemptions from Production.
6.15.1 Requested records may be subject to exemption from production under the
Public Records Act or other statutes.
6.15.2 Some records may contain specific content that is exempt from production.
The presence of exempt information does not necessarily exempt an entire
record from production.
6.15.3 With few exceptions, exemptions are permissive, not proscriptive;
therefore, Jefferson County may determine that certain records may be
produced even if an exemption applies if doing so would serve the public
interest. Such production shall be made only after review by the Jefferson
County Prosecuting Attorney or designee.
6.15.4 Common exemptions are listed in Section 6.18.1.
6.16 Withholding or Redacting Records Based on Exemptions.
6.16.1 Requested records only may be withheld or redacted consistent with
statutory requirements, which shall be documented for the requestor in
accordance with the requirements of RCW 42.56.210.
6.16.2 Records Liaisons are responsible for identifying potential exempt records
or records that contain potentially exempt information.
6.16.3 Records Liaisons are primarily responsible for performing any redactions
of exempt information that are deemed necessary from their own
departmental records.
6.16.4 If there is any question as to whether records or portions of records subject
to a request are exempt from production, the Records Liaison shall consult
the Public Records Officer or designee and the Jefferson County
Prosecuting Attorney's Office, who may inspect the subject records before
authorizing production to the requestor.
6.16.5 Departments may adopt standard procedures for withholding or redacting
portions of commonly requested exempt records. Such procedures shall be
approved by the Public Records Officer or designee.
6.16.6 When records are withheld or redacted, consistent with the requirements of
RCW 42.56.210, the requestor shall be provided, in writing, a brief
explanation of the reason(s) that information has been withheld or redacted.
6.17 Explanation of Exemptions.
6.17.1 An explanation of exemptions shall: (1) Identify the record, (2) Cite the
statute that the exemption is based upon, and, (3) Provide a brief
Jefferson County Public Records Act Compliance Policy Page 24 of 35
explanation of the statutory basis for each redaction or withholding of a
record.
6.17.2 The brief explanation should provide enough information for a requestor
to make a threshold determination of whether the claimed exemption is
proper. Nonspecific claims of exemption such as "proprietary" or
"privacy" are insufficient.
6.17.3 Individual occurrences of the same redaction may be listed generally in
the explanation of exemptions. For example, an explanation of
exemptions need not list separately every occurrence of the redaction of
an individual's social security number but may list one time that the
number has been redacted throughout the record.
6.18 Summaries of Common Exemptions.
6.18.1 The following are summaries of common exemptions relied on by
Jefferson County:
6.18.1.1 Personal information in files maintained for elected officials and
Jefferson County employees to the extent that production would
violate their right to privacy, including but not limited to
addresses, phone numbers, Social Security numbers, driver
license numbers, voluntary deductions, marriage status,
information about dependents, and any garnishment deductions
(RCS 42.56.230(3 and RCW 42.56.250(30;
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 (RCS 42.56.240(1); and,
6.18.1.4 Personal information to include performance evaluations in files
maintained for employees, appointees or elected officials to the
extent production would violate their right to privacy (RCW
42.56.230(3 and RCW 42.56.050).
6.18.1.5 Records in investigative files, including police and code
enforcement investigations, to the extent that non -production is
essential for effective law enforcement or for the protection of any
person's right to privacy (RCS 42.56.240(10
Jefferson County Public Records Act Compliance Policy Page 25 of 35
6.18.1.6 Identifying information of victims or witnesses of crimes under
certain circumstances (RCS 42.56.240(2 and O;
6.18.1.7 Records created in anticipation of litigation (RC 442.56.290);
6.18.1.8 Records reflecting communications between attorneys and
Jefferson County employees where legal advice is sought or
received (RCW 5.60.060(20;
6.18.1.9 Records that are protected by trade secrets law (RCW 19.108);
and,
6.18.1.10 Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by Jefferson County
within five years of the request for disclosure when production
would produce private gain and public loss (RCS 42.56.270(10.
6.18.2 The list above is not exhaustive, and Jefferson County reserves the right to
assert any exemptions permitted by law when Jefferson County determines
that such exemption applies and serves the public interest.
6.19 Inspection of Responsive Records.
6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of,
staff making copies and should be encouraged to do so, especially when the
volume of records is large. Inspection prior to copying may serve to narrow
the scope of the request and can be useful for identifying and providing the
appropriate responsive records to requestors.
6.19.2 Requestors may make arrangements with the Public Records Officer or
designee, or a Records Liaison, to inspect records on Jefferson County
premises during normal business hours at a mutually convenient time. Staff
shall make every effort to accommodate reasonable requests for
appointment times, provided the appointments do not interfere with
essential department functions and ensure the security of records during
inspection. Jefferson County must take reasonable precautions to protect
records from damage and disorganization, which may include assigning
individuals to be present during review of public record originals.
6.19.3 The Records Liaison fulfilling the request shall provide for the security of
records during inspection, which shall be supervised by staff as deemed
appropriate. Requestors shall return all records inspected to the Records
Liaison in the condition and order they were provided. Records shall not
be altered in any way, rearranged, or removed from folders or removed from
Jefferson County premises during inspection. A requestor may flag selected
pages for copying but shall not alter the original record.
Jefferson County Public Records Act Compliance Policy Page 26 of 35
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.
6.20.4 Scanning paper records to make electronic copies of the records is a method
of copying paper records and does not amount to the creation of a new
record.
6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy,
Jefferson County may charge the requestor the actual cost of the electronic
production or file transfer of the record, the use of any cloud -based data
storage and processing service, the cost of transmitting records in an
electronic format, and the cost of any physical transmission device provided
by Jefferson County.
6.21 Installments.
6.21.1 If appropriate, records requests may be fulfilled in installments to provide
the fullest assistance to requestors.
6.21.2 Installments are subject to the same deadlines for claiming and inspecting
records described in Section 6.21.
Jefferson County Public Records Act Compliance Policy Page 27 of 35
6.21.3 When installments are provided and are not claimed or inspected within 30
calendar days from notification of availability, Jefferson County may
postpone compilation of subsequent installments or treat the request as
abandoned and closed. In such cases, staff shall consult with the Public
Records Officer or designee before postponing compilation of an
installment, or treating the request as abandoned and closed.
6.21.4 When records are produced in installments and one or more records has
been withheld or redacted, an explanation of exemptions (see Section 6.17)
must accompany each installment in which this is the case. To provide
fullest assistance to requestors, it is not sufficient to provide a single,
combined explanation of exemptions only with the final installment.
6.21.5 The Public Records Officer or designee must attempt to contact the
requestor prior to deeming an installment request abandoned.
6.22 Requestor Responsibility.
6.22.1 Requestors shall arrange to inspect records or claim copies of requested
records within 30 calendar days following notification by Jefferson County
that responsive records are available for inspection or copying. The 30
calendar days begin on the business day immediately following the date of
Jefferson County's notice that the records are available and includes
weekends and Jefferson County holidays. The Public Records Officer or
designee may extend this period, as appropriate, to ensure fullest assistance
to requestors.
6.22.2 Requestors must respond to requests for clarification within 30 calendar
days of being contacted or a request may be deemed abandoned and closed.
A final, definitive response must be sent to the requestor when a request is
closed.
6.22.3 Prior to closing the request, the Public Records Officer or designee must
attempt to confirm whether the requestor still wants the requested records.
6.22.4 If a requestor fails to claim or arrange for inspection of requested records
before the expiration of the period to inspect or claim copies of requested
records, the request may be deemed abandoned and closed.
6.23 Order of Processing Requests.
To allocate resources efficiently and fairly and to provide fullest assistance to all
requesters, Jefferson County will process requests in the order that allows the
greatest number of requests from the greatest number of requesters to be processed.
Requests are not always processed in the order received. Many factors likely will
affect the timeline by which requests are completed. These factors include, but are
not necessarily limited to: (a) The number of pending requests; (b) A large number
Jefferson County Public Records Act Compliance Policy Page 28 of 35
or volume of records requested; (c) The complexity of a request; (d) The clarity of
a request; (e) Whether the IT Department must be engaged; (f) Whether the records
are not easily identified, located or accessible; (g) levels of current staffing; (h)
Whether research is required; (i) The amount of time needed by staff whose primary
responsibility is public records; 0) The number of departments involved; (k) The
number of employees who may have responsive records; (1) Whether third -party
notice will be given; (m) Whether review for exemptions is required; (n) Whether
redactions are required; (o) Whether legal review is required; and, (p) Whether
records retention review is required.
6.24 Allocating Specific Amounts of Time and Resources.
To provide fullest assistance to all requesters and to prevent excessive interference
with other essential operations, the Jefferson County Departments may allocate
specific amounts of time and resources to responding to a request. This may
include, but is not limited to, allocating a specific number of hours per week or
month to be spent by the Public Records Officer or other employees for whom
responding to records requests is not their primary duty.
6.25 Multiple Requests by the Same Requestor.
6.25.1 When a requestor makes one or more additional requests when a previous
request from the same requestor is still open or when the requestor
simultaneously submits multiple, separate requests, staff may queue the
requests in any order that is deemed practical for the purposes of providing
timely and full responses to each request, while also maintaining Jefferson
County's duty to respond in like fashion to all other requestors or to prevent
disruption of other essential governmental functions and responsibilities.
This may include queuing the requests in the order received.
6.25.2 The Public Records Officer or designee must notify the requestor if a
request is reprioritized by Staff in a way that changes the previous estimate,
if any, of the time required to respond to the request and must notify the
requestor of the new, reasonable estimate of the time required.
6.25.3 Requestors with multiple open requests may request that the Public Records
Officer or designee reprioritize the requests.
6.26 Requests Log,
6.26.1 The Public Records Officer or designee shall maintain a log of records
requests received by Jefferson County that shall include at a minimum:
6.26.1.1 Identity of the requestor if provided by the requestor;
6.26.1.2 Date of receipt of the request;
Jefferson County Public Records Act Compliance Policy Page 29 of 35
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 production under Chapter 42.56 RCW.
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 Reauest 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 Reauest Files that Must Be Maintained.
7.2.1 When requested records are redacted, the Records Liaison shall keep a copy
of the redacted records and the un -redacted records for the request file.
7.2.2 A listing only of the redacted records provided to the requestor is not
sufficient in accordance with the provisions of the official state records
retention schedules.
Jefferson County Public Records Act Compliance Policy Page 30 of 35
7.3 Archiving and Destruction of Public Records Request Records.
Within the time required by the Washington State Local Government Common
Records Retention Schedule, GS2010-014, after a final, definitive response has
been sent to the requestor, the Records Liaison shall communicate with the Public
Records Officer or designee to determine whether the request file should be
archived or destroyed.
8.0 Compliance with Best Practices Annual Reporting Requirements
The Public Records Officer or designee shall comply with the best practices annual reporting
requirements contained in RCW 40.14.026.
9.0 Administrative Review
9.1 No Final Decision Until Review Under this Section.
Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c)
failure provide a reasonable estimate for providing a record; (d) or, failure to assess
a reasonable charge for a record becomes final only after review is completed under
Section 9. No lawsuit to review the action taken, compel the production of a record,
or impose a penalty or attorney fees shall be brought before the administrative
remedies set out in this section have been exhausted.
9.2 Petition for Review.
Any person who objects to any action described in Section 9.11 may petition for
prompt review of such action by submitting a written petition for review to the
Jefferson County 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 Jefferson County Prosecuting Attorney's Office shall consider the petition for
review and shall either reverse or affirm the denial within two (2) business days of
receipt of the petition for review. The two business -day response period begins on
the business day immediately following receipt of the petition for review. Jefferson
County and the requestor may mutually agree to a longer period for consideration
of a petition for review.
9.4 Effect of Reversal Based on Petition for Review.
If the decision is reversed, the Public Records Officer or designee shall make the
subject records available to the requestor for inspection in accordance with the
provisions of this Policy.
Jefferson County Public Records Act Compliance Policy Page 31 of 35
9.5 Final Decision, If Affirmed.
If the Jefferson County 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 Jefferson County 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.
10.3 Statutory Basis.
Fees for the provision of responsive records will be in accordance with RCW
42.50.120.
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 42.50.120 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 pending Public Records Act
requests.
10.4.1 For the avoidance of doubt, the term "electronic file", as used in RCW
42.50.120(2�(b�(iii for emails, means each discrete email and each discrete
attachment to an email.
Jefferson County Public Records Act Compliance Policy Page 32 of 35
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;
10.4.2.2 Containers or envelopes used to mail copies to the requestor;
10.4.2.3 Any postage or delivery charge;
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;
10.4.3.2 Notifies the requestor of the Customized Electronic Access
Service Charge to be applied to the request, including an
explanation of why the charge applies, a description of the
specific expertise required, and a reasonable estimate of the
charge; 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.
10.4.4 Charges may be combined if more than one type of charge applies to
copies produced in response to a request.
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.
Jefferson County Public Records Act Compliance Policy Page 33 of 35
10.5 Cost Schedule.
A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix
A of Ordinance is attached to this Policy. The cost schedule also shall be codified
in the Jefferson County Code Appendix Fee Schedules, and shall be updated
administratively by the Clerk of the Board of County Commissioners to incorporate
changes in the costs in RCW 42.56.120, as presently enacted or as may be amended
by in the future. A copy of an updated cost schedule also shall be maintained on the
Public Records portal on the Jefferson County website and shall be posted at the
Jefferson County Commissioners' Office. The costs for the provision of public
records are not subject to indexing pursuant to Ordinance No. 12-96.
10.6 Deposit.
A deposit of up to ten (10) percent of the estimated total cost of providing copies
for a request, including a customized service charge, may be required by Jefferson
County before records are copied. When requested records are provided on an
installment basis, costs shall be collected for copies prior to provision of the next
installment. Failure to pay for an installment shall place compilation of subsequent
installments on hold.
10.7 Failure to Fulfill Payment Requirements
If payment arrangements are not made within 30 calendar days of notice that
records are available, the entire request may be deemed abandoned and closed. A
reasonable attempt shall be made by the Public Records Officer or designee, or a
Records Liaison, to contact the requestor prior to deeming a request abandoned and
closed.
11 Limitations
11.1 No Additional Legal Rights.
This Policy does not create legal rights beyond those obligations and rights created
by statute or other laws binding on Jefferson County.
11.2 Statutory Requirements and Best Practices.
11.2.1 The provisions of federal and state law control, if there is any conflict with
this Policy.
11.2.2 This Policy includes both statutory requirements and best practices.
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.
Jefferson County Public Records Act Compliance Policy Page 34 of 35
11.3 No Additional Duty That is Not Already Imposed by Law.
No provision nor any term used in this Policy is intended to impose any duty
whatsoever upon Jefferson County or any of its officers or employees, not already
imposed by law.
11.4 No Basis for Liabili
This Policy is not intended to and shall not be construed to create or form the basis
of any liability on the part of Jefferson County, or its officers, staff, or agents, for
any injury or damage resulting from any action or inaction on the part of Jefferson
County related in any manner to the enforcement of this Policy by its elected
officials, officers, staff, or agents.
12.0 Amendments and Corrections
12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise
or change this Policy at any time.
12.2 The Clerk of the Board of County Commissioners is authorized to make necessary
technical, non -substantive corrections to this Policy including, but not limited to,
the correction of scrivener's or clerical errors, references, numbering,
section/subsection numbers and any references to them.
13.0 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining
parts of this Policy.
14.0 References
Cha ter 5.d0 RCS
Cater 19.108 RCS
Cater 30.01 RCS
Cate�7 RCS
Cater 40.14 RCS
Chapter �RCS
Captcr 82.12 RCS
Captcr 44-14 QAC
Chaptcr 434-�AC
Washington Mate Local Government Common Records Retention Schedule
Adopted by Resolution No. on the date of , 2017.
Jefferson County Public Records Act Compliance Policy Page 35 of 35
Proposed Public Records Request Cost Schedule:
Public Records Request
Cost Schedule
Actual cost
Customized Electronic Access Service Charge (in addition to fees for
copies — see copying fees below).
Copies:
15 cents/page
Photocopies, printed copies of electronic records (on paper sizes no
larger than 8.5" x 14") when requested by the requester, or for the use of
agency equipment to make photocopies.
10 cents/page
Scanned records or use of agency equipment for scanning.
5 cents/each 4
Records uploaded to email, or cloud -based data storage service, or other
electronic files or
means of electronic delivery. For the avoidance of doubt, the term
attachment
"electronic file", as used in RCW 42.56.120(2)(b)(iii) for emails, means
each discrete email and each discrete attachment to an email.
10 cents/gigabyte
Records transmitted in electronic format or for use of agency equipment
to send records electronically.
Actual cost
Digital storage media or devices.
Actual cost
Any container or envelope used to mail copies.
Actual cost
Postage or delivery charges.
Actual cost
Photocopies, printed copies of electronic records on paper sizes larger
than 8.5" x 14".
T Copy charges above may be combined to the extent that more than one type of charge applies
to copies responsive to a request. Pursuant to RCW 42.56.130, the costs listed above do not
supersede any fees for copying public records authorized by other statutory provisions, other
than Chapter 42.56 RCW.
For any individual request, total costs up to and including $X.XX shall be waived.
STATE OF WASHINGTON
County of Jefferson
In the Matter of Updating the Jefferson) ORDINANCE NO.
County Public Records Compliance Policy
Whereas, (,"hal.,)ter 42.56 R.(,W. the Washington Public Records Act requires that public
agencies publish rules to provide public access to public records; and,
42.56 R.QW., Jefferson County
m
Whereas, furtherance o the requirements o �;,°��°� �t;°
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 ,"hMje, .5§
the Public Records Act, and Chapter0.i 1C'W 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 �;,°„h„2„pj„1°' 42.56
R�'W, the Washington Public Records Act, including any future changes in �;,°hapter 42.56 R(..'W-
and
Now, therefore, be it ordered, resolved and decreed by Jefferson County as follows:
1.0 Purpose:
1.1 �liapter 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 R 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 R(.,,W
42.56.120. Jefferson County hereby adopts by reference fZ(,.W 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 1..(' W ."42
42 '.- 5 "' 6._l_ ' 20 " and as
published in the Jefferson County Public Records Request Cost Schedule. These
fees shall P -o into effect immediately upon approval and apply to all pending, Public
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.
3
3.5 Cost Schedule.
A current cost schedule as authorized by 11i( V-42,6., 5� " I "' 20 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 W -V 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.
-1- --- — ------- . .... .. . ......
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 Board of
Commissioners may adopt policies by Resolution to implement Chapter 42.56 RC W,
which mlicies shall aDDIY to all emolovees, elected officials, and advisory boards and
commissions of Jefferson Claunty,
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)
11
APPROVED and ADOPTED this day of 2018.
r. -T4 0 1 slog I
Carolyn Gallaway
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
David Sullivan, Chair
Kathleen Kier, Member
Kate Dean, Member
ATTACHMENT A
to Ordinance No.
(Current Cost Schedule, Subject to Change Pursuant to RCW 42.5(.1_20)
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 42.56.1.20 2 b iii far 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 toRCIW 42 56,- 1 - 3 .' Q. the costs listed above do not
supersede any fees for copying public records authorized by other statutory provisions, other
than ( "hLif )_R( " W.
WKIMIMINS .2961=0 I
I See RCW 42.56.120(2).
no
ATTACHMENT THREE TO AGENDA REQUEST
RESOLUTION ATTACHMENT "A"
JEFFERSON COUNTY
PUBLIC RECORDS ACT
COMPLIANCE POLICY
(Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27,
2006 and [date of adoption))
Style Definition: TOC 2: Indent: Left: O.ls", Hanging:
os'
Jefferson County Public Records Act Compliance Policy Page 2 of 41
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:
Jefferson County Public Records Act Compliance Policy Page 3 of 41
Jefferson County Public Records Act Compliance Policy Page 4 of 41
Jefferson County Public Records Act Compliance Policy Page 5 of 41
1 1
11-4
I C4nfi.�Requirements and— t g--,st PrActinceq.....................................................................
Ne Basis €er jIjI
34
34
l�zV—'i------
4•��
1—j ......................................................................................................
ii----- A---4;dt�t9 vv' T�S............................................................................................
Co��ovoHi�ifi�
.
14.0
r12reig35P4P"1�—crcr4e
1.0
Ra€arp-,4; c ..........................................................................................................................
P� R@eer c'� R@cit+@4 c -R t Cvcrcl.� ,lo
Purpose: Compliance with Public Records Act...................................................................
� 5
U
9
2.0
Definitions............................................................................................................................9
11
2.1
Backup Records Liaison: .................................................................................................
9
2.2
Bot Request: .....................................................................................................................
9
2.3
Business Day: ...................................................................................................................
9
2.4
Chief Civil Deputy Prosecuting Attorney: ....................................................................
10
2.5
Court Records Request:..................................................................................................
10
2.7
Disclosure: ......................................................................................................................
10
2.8 Exempt Record: .............................................................................................................. 10
2.9 Failure to Provide a Record: ........................................................................................... 10
2.10 Final. Definitive Resnonse:............................................................................................ 11
2.11
Fullest Assistance: ..........................................................................................................
11
2.12
Human Resources: ..........................................................................................................
11
2.13
Jefferson County: ...........................................................................................................
11
2.14
Normal Business Hours: .................................................................................................
11
2.15
Person in Interest: ...........................................................................................................
12
2.16
"Person in Interest" means "Person in interest" as defined in RCW 42.56.010(2),
as in
effect now or as amended in the future.........................................................................
12
2.17
Policy: .............................................................................................................................
12
2.18
Production: .....................................................................................................................
12
2.19
Public Records Liaison and Records Liaison: ................................................................
12
2.20
Public Records Officer: ..................................................................................................
12
2.21
Record: ...........................................................................................................................
12
2.22
Record holder: ................................................................................................................
13
2.23
Reauest:..........................................................................................................................13
2.24 Reguestor:.......................................................................................................................13
Jefferson County Public Records Act Compliance Policy Page 6 of 41
2.25
Section: ...........................................................................................................................
13
2.26
Staff:...............................................................................................................................13
14
2.27
Web Portal: .....................................................................................................................
14
2.28
Written Information: ......................................................................................................
14
3.0
General Provisions.............................................................................................................
14
3.1
Public Records Act Compliance....................................................................................
14
3.2
Applicability...................................................................................................................14
20
3.3
Non -Discrimination Requirement..................................................................................
15
3.4
Records Are the Property of the State of Washington ...................................................
15
3.5
Use of Available Electronic Resources Encouraged......................................................
15
4.0
Roles of Staff Designated to Address Public Records Requests .......................................
16
4.1
Public Records Officer...................................................................................................
16
4.2
Chief Civil Deputy Prosecuting Attorney......................................................................
17
4.3
Records Liaisons and Backup Records Liaisons............................................................
18
4.4
Trainine and Undates.....................................................................................................
18
5.0 Public Records Requests.................................................................................................... 18
5.1 Format of Requests......................................................................................................... 18
5.2 Fair Notice of Records Reauest..................................................................................... 19
5.3
Lists of Individuals.........................................................................................................
19
5.4
Bot Requests...................................................................................................................
20
6.0
Jefferson County Response to Public Records Requests ...................................................
20
6.1
Required Communication by Records Liaisons Upon Receipt of a Records Request...
20
6.2
Requests for "All Records" is Insufficient.....................................................................
21
6.3
Prompt Response Required............................................................................................
21
6.4
Types of Five (5) Day Responses..................................................................................
22
6.5
Final, Definitive Response.............................................................................................
24
6.6
Requests to Create Records or Convert Records to a Different Format or Medium .....
25
6.8
Requests for Personnel and Employment Records........................................................
25
6.9
Requests for Court Records............................................................................................
25
6.10
Locating Responsive Records........................................................................................
25
6.11
No Requirement to Create New Records to Respond to a Records Request .................
26
6.12
Reauest for Records that No Longer Exist.....................................................................
26
Jefferson County Public Records Act Compliance Policy Page 7 of 41
6.13
Agreements in Response to Voluminous or Frequently Occurring Requests ................
26
6.14
Immediate Provision or Inspection of Records "Over the Counter... .............................
26
6.15
Exemptions from Production.........................................................................................
27
6.16
Withholding or Redacting Records Based on Exemptions ............................................
27
6.17
Explanation of Exemptions............................................................................................
28
6.18
Summaries of Common Exemptions.............................................................................
28
6.19
Inspection of Responsive Records.................................................................................
30
6.20
Electronic Records.........................................................................................................
31
6.21
Installments....................................................................................................................
31
6.22
Requestor Responsibility................................................................................................
32
6.23
Order of Processing Requests........................................................................................
32
6.24
Allocating Specific Amounts of Time and Resources ...................................................
33
6.25
Multiple Requests by the Same Requestor.....................................................................
33
6.26
Requests Log..................................................................................................................
33
6.27
Preservation of Reauest Clarifications and Search Efforts ............................................
34
7.0 Records Retention Required.............................................................................................. 34
7.1 Retention of Public Records Request Records............................................................... 34
7.2 Records in Reauest Files that Must Be Maintained....................................................... 34
7.3
Archiving and Destruction of Public Records Request Records ....................................
35
8.0
Compliance with Best Practices Annual Reporting Requirements ....................................
35
9.0
Administrative Review......................................................................................................
35
9.1
No Final Decision Until Review Under this Section .....................................................
35
9.2
Petition for Review.........................................................................................................
35
9.3
Deadline for to Affirm or Reverse After Petition for Review .......................................
35
9.4
Effect of Reversal Based on Petition for Review...........................................................
36
9.5
Final Decision If Affirmed............................................................................................
36
10.0
Costs for Public Records....................................................................................................
36
10.1
Inspection Only..............................................................................................................
36
10.2
Records Already on Jefferson County Website.............................................................
36
10.3
Statutory Basis................................................................................................................
36
10.4
Calculation of Costs.......................................................................................................
36
10.5
Cost Schedule.................................................................................................................
38
Jefferson County Public Records Act Compliance Policy Page 8 of 41
10.6 Deposit...........................................................................................................................38
10.7 Failure to Fulfill Payment Requirements.......................................................................
39
11 Limitations.........................................................................................................................39
11.1 No Additional Legal Rights...........................................................................................
39
11.2 Statutory Requirements and Best Practices....................................................................
39
11.3 No Additional Duty That is Not Already Imposed by Law ...........................................
39
11.4 No Basis for Liability.....................................................................................................
39
12.0 Amendments and Corrections............................................................................................
40
13.0 Severability........................................................................................................................
40
14.0 References..........................................................................................................................40
Proposed Public Records Request Cost Schedule: .......................................................................
41
Jefferson County Public Records Act Compliance Policy Page 9 of 41
1.0 Purpose: Compliance with Public Records Act
"The people of this state do not yield their sovereignty to the agencies that
serve them. The people, in delegating authority, do not give their public
servants the right to decide what is good for the people to know and what is
not good for them to know. The people insist on remaining informed so that
they may maintain control over the instruments that they have created. This
chapter shall be liberally construed and its exemptions narrowly construed
to promote this public policy and to assure that the public interest will be
fully protected. In the event of conflict between the provisions of this
chapter and any other act, the provisions of this chapter shall govern."
RCW 42.56.030.
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 of Jefferson
County designated as the backup person for responding to records requests when
Records Liaisons are not available to respond to records requests. For the
avoidance of doubt, a Backup Records Liaison assumes all the duties of a Records
Liaison when a Records Liaison is not available to respond to records requests.
2.2 Bot Request:
"Bot request' means a`Bot request
oro. o4A,Ap „taffl tioal . geHerated b a eamptiter pra .. m" as defined in RCW
42.56.080(3), as in effect now or a seript.' as amended in the future.
2.3 Business Day:
"Business day" means the days Jefferson County is open for business. Business
days do not include weekends and Jefferson County holidays.
}
Jefferson County Public Records Act Compliance Policy Page 10 of 41
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.
2.6 Customized Electronic Access Service:`
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 Disclosure:
"Disclosure" of a Record means notifying a Reguestor of the existence of a Record,
in contrast with "Production."
?2.H Exempt Record:
"Exempt record" means records or portions of records that are exempt from
production to the public Eliselesttre. 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 diselesttfeR oduction of a portion of a record does not
automatically exempt the remainder of the record from diselestfeproduction.
Exempt portions of records may be subject to redaction.
2.52.9 Failure to Provide a Record:
"Failure to Provide a Record" means any action by any Jefferson County employee
that results in: (a) The failure to respond to a request; (b) Without justification, the
failure to provide timely a requested record or any portion of it; (c) The express
denial of a request for a record; (d) The refusal to provide a record; (e) Without
justification, the claim of an exemption for a record or any portion of it; or, (f) the
closure of a request for any reason.
Formatted: Underline
Formatted: List Paragraph, Tab stops: 0.5", Left +
1.13", Left
Formatted: Underline
Formatted: List Paragraph, Tab stops: 0.5", Left +
1.13". Left
Jefferson County Public Records Act Compliance Policy Page 11 of 41
2.112. f 0Final, 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 d -q2. S S 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 -ate
as now in effect or as amended in the future and WAC 44-14-04003-, as now in
effect or as amended in the future. 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 other requesters, result in damage or disorganization of records, or excessively
interfere with essential agency functions.
2, -12.12 Human Resources:
"Human Resources" means the Human Resources Officer of Jefferson County.
2. 'd 32.13 Jefferson County:
"Jefferson County" means Jefferson County, Washington. As used in this Policy,
Jefferson County refers all county departments, their divisions, and subdivisions.
2:- : 114 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.
Jefferson County Public Records Act Compliance Policy Page 12 of 41
2: l 42.15 Person in Interest:
"Person in Interest" means a
,tet & Signat@,7 t,., 4.,r , ,ter 4.,r iF 44RA ,
t+tideralegaiElisa "_Person. in interest'
or 444;, ^rrointe( lefW ,as defined in RCW 42.56.010(2), as in effect
now or as amended in the future.
2 4 5117 .... ......Policy:
"Policy" means this Jefferson County Public Records Act Compliance Policy.
2.18 Production:
"Production" of a Record means making the Record available to the Requestor for
infection and/or copying after the application of exemptions and redactions, if any,
in contrast with "Disclosure."
`2 d-42. S 1) Public Records Liaison and Records Liaison:
Formatted: No underline
Formatted: Heading 2, Space After: 0 pt, Outline
numbered + Level: 2 + Numbering Style: 1, 2, 3, ... +
Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent
at: 1"
Formatted: No underline
"Public Records Liaison" and "Records Liaison" mean the person or persons Formatted: List paragraph, Tab stops:
designated by an elected official or department director to accept, track by log, and 1.13", Left
arrange for fulfillment of requests for disclosure of records within a Jefferson
County department.
`2 d-4.2.20 Public Records Officer:
"Public Records Officer" means the person who is appointed as Public Records
Officer for Jefferson County pursuant to RCW 42.56.580.
2.,.:A 9221 Record:
"Record" means "„Public Record", "Public record" as defined in RCW
42.56.010(3) as in effect now or as amended in the future, or pursuant
to case law, including:
2.21.1 Ally identifiable record' containing "written information" as defined in�atO.5�
ing 3, Left, Indent: Left: 0", Tab stops:
Section 2.21 relating to the conduct of government or the performance of3"
any governmental or proprietary function prepared, owned, used, or
retained by any state or local agency regardless of physical form or
characteristics.
aco,,
RC -41' 47 c6 ni n�7)
Jefferson County Public Records Act Compliance Policy Page 13 of 41
2. 18 . f2.2 f .2 This definition does not include records that are not otherwise
required to be retained by Jefferson County and are held by volunteers who:
2. k�. � 2.21..,2. f Do not serve in an administrative capacity;
2.1 2. 1.22.2 f ,2.2 Have not been appointed by Jefferson County to an
agency board, commission, or internship; and,
2.1 2. 1 K2 123 ...............Do not have a supervisory role or delegated Jefferson
County authority.5
2. 1•2 222 1 3 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: A 4222 Record holder:
"Record holder" means the department or staff having custody of a record.
2.2(4223 Request:
Formatted: Line spacing: single
"Request" means a request made to Jefferson County pursuant to the Public Formatted: List Paragraph, Space After: 0 pt, Tab
Records Act for disclosure of records. Requests for records made pursuant to other stops: 0.5", Left + 1.13", Left
statutory rights of access to records shall not be considered "records requests" but
may be handled under this Policy.
2 21224 Requestor:
"Requestor" means the individual submitting the request for records.
2724225 Section:
"Section" means a section or a subsection of this Policy. For the avoidance of
doubt, reference to a section includes a reference to every subsection in that section
but reference to a subsection does not include reference to any other subsection in
that section or in any other section.
2.222.211 Staff:
"Staff' means collectively elected officials, officers, and employees of Jefferson
County.
g��e IW�C 4 4 14 44-4- ,
Jefferson County Public Records Act Compliance Policy Page 14 of 41
2.242.27 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.
2.252.28 Written Information:
;„F ,-,,,.,4;,,„» ri.o..„«Written information” means "Writing”, as defined in
RCW 42.56.010(4), as is now in effect or as amended in the future, or in case law,
including, 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, itielffditig effia4,---jhat meet this
definition shall be considered written information, this includes but is not limited
to email, internet access logs, metadata, text messages.
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 &e1est+r-eE oduction.
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
4iselesw4nLc duction by federal or state law.
3.2 Applicability.
3.2.1 This Policy shall apply to all employees, elected officials, and advisory
boards and commissions of Jefferson County.
Jefferson County Public Records Act Compliance Policy Page 15 of 41
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(14j, or any other statute which
exempts or prohibits Elise production of specific information or records to
requestors.
3.4 Records Are the Property of Torfo R_ �`�the State of Washington.
(;et+t4t-y.All public records shall be and remain the property of the state of
Washington and of its people. Jefferson County, a political subdivision of
Washington State, prepares, owns, uses, and retains records on behalf of the people.
3.5 Use of Available Electronic Resources Encouraged.
3.5.1 To reduce proliferation of paper copies and in the interest of efficiently and
expeditiously responding to requests for disclosure of records, the Public
Records Officer or designee and Records Liaisons are encouraged to use
electronic means to respond to, fulfill, and track records requests, unless the
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 pre*i&4 ;n n r��xI 42.59.044H4mbased on the following
findings:
3.6.1 Maintaining an all-inclusive index of public records is unduly burdensome
and would interfere with operations.
Jefferson County Public Records Act Compliance Policy Page 16 of 41
3.6.2 Jefferson County is comprised of 4�numerous separate departments, their
divisions, and subdivisions, many of which are located in facilities in
various locations throughout Jefferson County.
3.6.3 Departments and their divisions maintain separate record-keeping systems.
3.6.4 Because Jefferson County has records which are diverse, complex, and
stored in multiple locations and identified in various record-keeping
systems, some computerized and some on paper, it is unduly burdensome
to maintain a central index of records.
3.6.5 If a requested index exists, then Jefferson County shall make it available for
public inspection and copying.
4.0 Roles of Staff Designated to Address Public Records Requests
4.1 Public Records Officer.
4.1.1 The Public Records Officer is the person who is appointed as Public
Records Officer for Jefferson County pursuant to RCW 42.56.580.
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 RCS;
4.1.5.2 Serve as a single point of contact to coordinate Jefferson County's
response when a request involves multiple record holders, is broad
in scope, or is otherwise complicated to fulfill;
4.1.5.3 Route requests to appropriate Records Liaisons in possession of
records;
4.1.5.4 Serve as a resource and provide training, technical advice, and
instruction to Records Liaisons and other staff on topics related to
disclosure of records;
Jefferson County Public Records Act Compliance Policy Page 17 of 41
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 Jefferson County 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 RCNV;4 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 Chanter 40.14 RCV.'
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.
'See Chaftef 4P.14 RC -4'
'See Chaftef 4P.14 RC -4'
Jefferson County Public Records Act Compliance Policy Page 18 of 41
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 Jefferson County 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 RfAcial requests for public
records 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 Jefferson County Prosecuting
Attorney's Office shall distribute updates and provide training as appropriate on
laws, legal precedents, and policy changes affecting fulfillment of records requests,
as appropriate.
5.0 Public Records Requests Formatted: Don't keep with next, Don't keep lines
together
5.1 Format Of Requests. FFormatted, Don't keep with next, Don't keep lines
er
5.1.1 No official format is required for making a records request.' �Formatted-: keep with next, Don't keep lines
' C,.,, RC -41' 47 c6 non�7)
Jefferson County Public Records Act Compliance Policy Page 19 of 41
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. Formatted: Don't keep with next, Don't keep lines
together
5.2.1 Any Jefferson County staff may accept records requests. If presented with--FFormatted: Don't keep with next, Don't keep lines
a request, staff shall bring it to the attention of a Records Liaison er
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.
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
Jefferson County Public Records Act Compliance Policy Page 20 of 41
for records on the basis that the request is for commercial purposes, the
Public Records Officer or designee shall consult with the Jefferson County
Prosecuting Attorney's Office.
5.4 Bot Requests.
Jefferson County may deny a Bot Request 4+9in accordance with RCW
42.56.080(3), as it exists now or as it may be amended in the future, if it is one of
multiple requests from the requestor within a twenty -four-hour period, if
responding to the multiple requests would cause excessive interference with other
essential operations of Jefferson County.'
6.0 Jefferson County Response to Public Records Requests
6.1 Required Communication by Records Liaisons Upon Receipt of a Records Request.
6.1.1 When the request is not received in writing, staff shall communicate the
request and the response to the Public Records Officer or designee for
purposes of complying with the logging and reporting requirements
contained in Chanter 40.14 RCW.
6.1.2 Date of receipt shall be recorded on the face of each record request and the
request forwarded to the Public Records Officer or designee by electronic
means.
6.1.3 If staff does not have immediate capability to forward the request to the
Public Records Officer or designee, staff shall inform and provide 14etheir
department's 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 depar4mentdepartment's
supervisor or Records Liaison.
6.1.5 Records Liaisons shall advise department record holders of the five (5) day
response deadline when forwarding records requests and consult with
record holders when estimating the fulfillment date.
Jefferson County Public Records Act Compliance Policy Page 21 of 41
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
Chanter 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.' See
RCW 42.56.080(1).
6.2.3 Requests for "all records relating to," "all records regarding," or "all records
pertaining to" are inherently ambiguous and requestors are encouraged to
avoid using such terms when possible to avoid unnecessary delays.
Requests for "all records relating to," "all records regarding," or "all records
pertaining to" may be interpreted to mean those records that directly and
fairly address the topics that are reasonably identifiable by the Records
Liaison fulfilling the request. A Records Liaison may seek clarification of
any such request following the procedure prescribed in Section F�3-6.4.3.
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 Chanter 40.14 RCW.
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 Formatted: N, underline
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.'
6.3.4 Requests for identifiable records received after normal business hours shall
be considered received on the next business day.
6.3.5 Records requests will be processed in the order that provides the timeliest
response. Requests may be fulfilled in the order of receipt, so long as easily
fulfilled requests are not postponed behind larger or more complicated
requests, strictly because they were received later.
uC c6n¢nn)
See Chaftef 4P.1 4 RC -4'
&3 Ce, uC-41'
Jefferson County Public Records Act Compliance Policy Page 22 of 41
6.3.6 Initial responses, installment responses, and final responses from staff to
requests for records shall be made in writing and may be by fax, letter,
notation on a request form, or email.
6.4 Types of Five (5) Day Responses.
The initial response to the requestor shall be made in writing within five (5)
business days of receipt of a request, shall acknowledge receipt of the request, shall
provide to the requestor a list of the names of the department(s) to which the request
was routed, if and Make aneon of the following types of responsive actions:
6.4.1 Provide Records: Provide the requested records, when possible.
6.4.2 r 4fe-&*:^*�^^Direct the Reguestor to Online Documents:
6.4.2.1 If the records requested are available via a Jefferson County
website, staff may provide a direct link to the requestor to the
online documents.
6.4.2.2 However, if the requestor notifies Jefferson County the requestor
cannot access the records through the internet, then Jefferson
County shall provide copies of the record or allow the requestor
to view copies using a Jefferson County computer.
6.4.3 Ask for Clarification of bests:.—Request
6.4.3.1 In acknowledging receipt of a request that is unclear, Jefferson
County may ask the requestor in writing to provide clarification,
and will provide, to the greatest extent possible, a reasonable
estimate of the time Jefferson County will require to respond to
the request if it is not clarified.'
6.4.3.2 Clarification shall focus on information needed to identify
responsive records.
6.4.3.3 All clarifications should be in writing but may be oral. In the case
of oral clarification, staff involved in the conversation shall
document the clarification in writing and include the information
in the request file.
6.4.3.4 When appropriate, as part of the clarification process, staff may
work with the requestor to find ways to narrow the request When
a requestor agrees to narrow a request, nothing prevents the
requestor from later expanding the request back to its original
scope. In such a case, staff may create a new estimate of
-See RC -41' 47 56 529n va)
Jefferson County Public Records Act Compliance Policy Page 23 of 41
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 Jefferson County
Prosecuting Attorney's Office—eke, which shall review the
request and provide direction to staff regarding its fulfillment.
Staff may also consult with the Public Records Officer or designee
on such requests.
6.4.3.6 If the requestor fails to respond to a request for clarification, and
the entire request for records is unclear, Jefferson County need not
respond to the request for records. In such case, Jefferson County
must advise the requestor that the request will be
considered closed if the requestor fails to provide clarification as
requested within 30 days the st .^ 1 b eafflisid-e-red- e'e ,a
6.4.3.7 In all events, Jefferson County must respond to those portions of
the request for records that are clear.'
6.4.4 No Responsive Records:
6.4.4.1 An initial written response may state that Jefferson County does
not have records responsive to the request. If no records
responsive to the request exist, the initial response should inform
the requestor and state that it is the final, definitive response.
6.4.4.2 If Jefferson County does not have records responsive to the
request, the initial response may direct the requestor to another
agency believed to have the records requested.
6.4.5 Provide a Reasonable Estimate of Time Required to Respond:
6.4.5.1 If the initial response does not include copies of the requested
records, Jefferson County shall provide in writing a reasonable
estimate of time required to respond to the request.
6.4.5.2 Additional time required to respond to a request may be based
upon the need to clarify the intent of the request, to locate and
assemble the information requested, to notify Persons in Interest,
other departments or employees of Jefferson County, or other
agencies affected by the request, or to determine whether any of
-See RC -41'
. �CT7C"T
Jefferson County Public Records Act Compliance Policy Page 24 of 41
the information requested is exempt and that a denial should be
made as to all or part of the request.
6.4.6 Installments: An initial response may propose fulfilling large or
complicated requests on an installment basis and provide a written
estimated timeframe for preparation of the first installment.
6.4.7 Written Denial:
6.4.7.1 An initial response may be a written denial of the request based
on exemptions under federal or state law.
6.4.7.2 If there is any question as to whether r@60r&j! record, Or Formatted: Outline numbered + Level: 4 + Numbering
pertiensany portion of reeer& s4j@et *^ a f4-�- t--•-± ""erecord, Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned
should be exempt from Elise !asttfe, 4' --production and therefore at: 1.5' + Indent at: 2.15'
should be denied from production to any requestor (by
withholding or redaction), a Records Liaison shall consult the
Jefferson County Prosecuting Attorney's Office or the Public
Records Officer,w4e=+�ay or designee, and shall give them the
opportunity to inspect the subject feeefsrecord s before
^4t4erii4ng toe Oise! P, oany such denial of production is
conveyed to the requestor.
447 2kA�7 3 A written statement of the specific reasons for the denial
must accompany any denial of a records request.' Any denial
should inform the requestor that it is the final, definitive response.
6 4 7.
6.4.7.4 See Sections 6.15 through 6.18 of this policy for additional
information regarding exemptions and the withholding or
redacting of responsive records.
6.5 Final, Definitive Response.
Records Liaisons shall provide to every requestor a final, definitive response,
confirming that Jefferson County does not intend to provide any further response
to the records request. The final, definitive response shall be provided after
investigation has determined that:
6.5.1 No records exist that are responsive to the request; or,
6.5.2 All records responsive to the request that are not being withheld under a
valid exemption have been provided; or,
' c,.,, RC -41' 47 c6 c7n�m
Jefferson County Public Records Act Compliance Policy Page 25 of 41
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.'
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 4-4-;-6.4.3.
'0-- Wn(' 44 14 ninn7
Jefferson County Public Records Act Compliance Policy Page 26 of 41
6.11 No Requirement to Create New Records to Respond to 4a Records Request.
6.11.1 ria_iqR4;,q a4;d qW r Jefferson County is not required to create new
records in response to a request for records, but may, when deemed feasible,
tailor existing informational databases or indexes to provide a report
responsive to a request that otherwise would not be produced in the normal
course of business.
6.11.2 The determination of the feasibility of creating such reports shall consider
the ability to redact or withhold exempt information.
6.11.3 When the production of a tailored report requires additional resources such
as customized programming or fact -specific analysis, or would otherwise
interfere with other essential operations, Jefferson County is not required to
produce such tailored reports but should instead consult with the requestor
to determine if a Customized Electronic Access Service is necessary and
should be charged.
6.12 Request for Records that No Longer Exist.
Jefferson County only is required to provide records that exist at the time a request
is made.
6.13 Agreements in Response to Voluminous or Frequently Occurring Requests.
Jefferson County may enter into any contract, memorandum of understanding, or
other arrangement with a requestor in response to a voluminous or frequently
occurring request. An agreement of this type may also include an alternative cost
arrangement to the charges authorized in this Policy.'
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 &elesw4applicability of exemptions —e
"nCcx' 47 5G 12P+
Jefferson County Public Records Act Compliance Policy Page 27 of 41
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 P4se4�Production.
6.15.1 Requested records may be subject to exemption from ak^ production
under the Public Records Act or other statutes.
6.15.2 Some records may contain specific content that is exempt from
diseles*feprcduction. The presence of exempt information does not
necessarily exempt an entire record from diseles +re -production.
6.15.3 With few exceptions, exemptions are permissive, not proscriptive;
therefore, Jefferson County may determine that certain records may be
produced even if an exemption applies if doing so would serve the public
interest. Such production shall be made only after review by the Jefferson
County Prosecuting Attorney or designee.
015?0.15.4 Common exemptions are listed in Section 6.18.1.
6.16 Withholding or Redacting Records Based on Exemptions.
6.16.1 Requested records only may be withheld or redacted consistent with
statutory requirements, which shall be documented for the requestor in
accordance with the requirements of RCW 42.56.210.
6.16.2 Records Liaisons are responsible for
identifying potential exempt records or records that contain potentially
exempt information.
6.16.3 RecRra��RP-.rs ^^al^r ,nor.,,.*. efft, Records Liaisons are primarily
responsible for performing any redactions of exempt information that are
deemed necessary from their own departmental records.
6.16.4 If there is any question as to whether records or portions of records subject
to a request are exempt from diselesttfeproduction, the Records Liaison
shall consult the Public Records Officer or designee and the Jefferson
County Prosecuting Attorney's Office, who may inspect the subject records
before authorizing production to the dise1es +re-requestor.
6.16.5 Departments may adopt standard procedures for withholding or redacting
portions of commonly requested exempt records. Such procedures shall be
approved by the Public Records Officer or designee.
Jefferson County Public Records Act Compliance Policy Page 28 of 41
6.16.6 When records are withheld or redacted, consistent with the requirements of
RCW 42.56.2101 the requestor shall be infera @4provided, in writing, a brief
explanation of the reason ^na �,o pre*i&4 44@ e4 tion s4pper4ing
the e�iewptieks) that information has been withheld or redacted.
6.17 Explanation of Exemptions.
6.17.1 An explanation of exemptions shall: (1) Identify the record, (2) Cite th Formatted: Indent: Lett: i", Hanging: 0.6"
statute that the exemption log shat be prepared for the requestar listing
thR i4;r^:a4RB .A,4-4 p'd-is based upon, and— 4e (3) Provide a brief
explanation of the statutory basis for each redaction or withholding of a
record -^4 .
6.17.2 The brief explanation should provide enough information for a requestor
to make a threshold determination of whether the claimed exemption is
proper. Nonspecific claims of exemption such as "proprietary" or
"privacy" are insufficient.
0 17.20.17.3 Individual occurrences of the same redaction maybe listed generally
in theP�losexplanation of exemptions. For example, an
e�iewivtieli explanation of exemptions need not list separately every
occurrence of the redaction of an individual's social security number but
may list one time that the number has been redacted throughout the record.
6.18 Summaries of Common Exemptions.
6.18.1 The following are summaries of common exemptions relied on by
Jefferson County:
6.18.1.1 Personal information in files maintained for elected officials and
Jefferson County employees to the extent that
4iseles +reELc duction 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);
Jefferson County Public Records Act Compliance Policy Page 29 of 41
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 (RCyV 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 (RCyV
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-
4iseles+reELc duction is essential for effective law enforcement or
for the protection of any person's right to privacy (RCyV
42.56 .240(1))
6.18.1.6 Identifying information of victims or witnesses of crimes under
certain circumstances (RCyV 42.56.240(2) and (5));
6.18.1.7 Records created in anticipation of litigation (RCtV 42.56.290);
6.18.1.8 Records reflecting communications between attorneys and
Jefferson County employees where legal advice is sought or
received (RCyV 5.60.060(21);
6.18.1.9 Records that are protected by trade secrets law (RCyV 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
4iseles re -production would produce private gain and public loss
(RC�V 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 t' 4 4A^^ diselestwe serves the public
interest.
Jefferson County Public Records Act Compliance Policy Page 30 of 41
6.19 Inspection of Responsive Records.
6.19.1 Requestors may choose to inspect requested records prior to, or in lieu of,
staff making copies and should be encouraged to do so, especially when the
volume of records is large. Inspection prior to copying may serve to narrow
the scope of the request and can be useful for identifying and providing the
appropriate responsive records to requestors.
6.19.2 Requestors may make arrangements with the Public Records Officer or
designee, or a Records Liaison, to inspect records on Jefferson County
premises during normal business hours at a mutually convenient time. Staff
shall make every effort to accommodate reasonable requests for
appointment times, provided the appointments do not interfere with
essential department functions and ensure the security of records during
inspection. Jefferson County must take reasonable precautions to protect
records from damage and disorganization, which may include assigning
individuals to be present during review of public record originals.
6.19.3 The Records Liaison fulfilling the request shall provide for the security of
records during inspection, which shall be supervised by staff as deemed
appropriate. Requestors shall return all records inspected to the Records
Liaison in the condition and order they were provided. Records shall not
be altered in any way, rearranged, or removed from folders or removed from
Jefferson County premises during inspection. A requestor may flag selected
pages for copying but shall not alter the original record.
6.19.4 Requesters may not attach devices or cables to Jefferson County systems or
equipment. Because of the potential for introducing a threat to the security
of or otherwise damaging Jefferson County systems or equipment, Jefferson
County does not allow requesters to attach or insert their own devices or
cables into any Jefferson County computer system, equipment, or a USB
port. Copying of records from a Jefferson County system or equipment will
be done by staff. The requester must reimburse the Jefferson County's cost
for the storage media, and such copying will be done by staff.
6.19.5 Jefferson County reserves the right to make copies of records for inspection
rather than provide the original records for inspection.
6.19.6 Requestors may not unreasonably disrupt the operations of Jefferson
County, excessively interfere with operations, or be unreasonably disruptive
or disrespectful to staff.'
Jefferson County Public Records Act Compliance Policy Page 31 of 41
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.'
6.20.4 Scanning paper records to make electronic copies of the records is a method
of copying paper records and does not amount to the creation of a new
record.'
6.20.5 In accordance with RCW 42.56.070 and the statement of costs in this Policy,
Jefferson County may charge the requestor the actual cost of the electronic
production or file transfer of the record, the use of any cloud -based data
storage and processing service, the cost of transmitting records in an
electronic format, and the cost of any physical transmission device provided
by Jefferson County.'
6.21 Installments
6.21.1 If appropriate, records requests may be fulfilled in installments to provide
the fullest assistance to requestors.
6.21.2 Installments are subject to the same deadlines for claiming and inspecting
records described in Section 6.21.
6.21.3 When installments are provided and are not claimed or inspected within 30
calendar days from notification of availability, Jefferson County may
postpone compilation of subsequent installments or treat the request as
abandoned and closed. In such cases, staff shall consult with the Public
Records Officer or designee before postponing compilation of an
installment, or treating the request as abandoned and closed.
6.21.4 When records are produced in installments and one or more records has
been withheld or redacted, an explanation of exemptions see Section 6.17)
must accompany each installment in which this is the case. To provide
3Y 0,.,. D C-41'
Jefferson County Public Records Act Compliance Policy Page 32 of 41
fullest assistance to requestors, it is not sufficient to provide a single,
combined explanation of exemptions only with the final installment.
4-2k4021.5 The Public Records Officer or designee must attempt to contact
the requestor a -;� prior to deeming an installment request abandoned.
6.22 Requestor Responsibility.
6.22.1 Requestors shall arrange to inspect records or claim copies of requested
records within 30 calendar days following notification by Jefferson County
that responsive records are available for inspection or copying. The 30
calendar days begin on the business day immediately following the date of
Jefferson County's notice that the records are available and includes
weekends and Jefferson County holidays. The Public Records Officer or
designee may extend this period, as appropriate, to ensure fullest assistance
to requestors.
6.22.2 Requestors must respond to requests for clarification within 30 calendar
days of being contacted or a request may be deemed abandoned and closed.
A final, definitive response qhRiddinust be sent to the requestor when a
request is closed.
6.22.3 Prior to closing the request, the Public Records Officer or designee
}must attempt to confirm whether the requestor still wants the requested
records N4 :s ^^t Y rPa *R a^
6.22.4 If a requestor fails to claim or arrange for inspection of requested records
*Ae4before the expiration of the period to inspect or claim copies of
requested records, the request may be deemed abandoned and closed.
6.23 Order of Processing Requests.
To allocate resources efficiently and fairly and to provide fullest assistance to all
requesters, Jefferson County will process requests in the order that allows the
greatest number of requests from the greatest number of requesters to be processed.
Requests are not always processed in the order received. Many factors likely will
affect the timeline by which requests are completed. These factors include, but are
not necessarily limited to: (a) The number of pending requests; (b) A large number
or volume of records requested; (c) The complexity of a request; (d) The clarity of
a request; (e) Whether the IT Department must be engaged; (f) Whether the records
are not easily identified, located or accessible; (g) levels of current staffing; (h)
Whether research is required; (i) The amount of time needed by staff whose primary
responsibility is public records; 0) The number of departments involved; (k) The
number of employees who may have responsive records; (1) Whether third -party
notice will be given; (m) Whether review for exemptions is required; (n) Whether
Jefferson County Public Records Act Compliance Policy Page 33 of 41
redactions are required; (o) Whether legal review is required; and, (p) Whether
records retention review is required.
6.24 Allocating_ Specific Amounts of Time and Resources.
To provide fullest assistance to all requesters and to prevent excessive interference
with other essential operations, the Jefferson County Departments may allocate
specific amounts of time and resources to responding to a request. This may
include, but is not limited to, allocating a specific number of hours per week or
month to be spent by the Public Records Officer or other employees for whom
responding to records requests is not their primary duty.
6.25 Multiple Requests by the Same Requestor.
6.25.1 When a requestor makes one or more additional requests when a previous
request from the same requestor is still open or when the requestor
simultaneously submits multiple, separate requests, staff may queue the
requests in any order that is deemed practical for the purposes of providing
timely and full responses to each request, while also maintaining Jefferson
County's duty to respond in like fashion to all other requestors or to prevent
disruption of other essential governmental functions and responsibilities.
This may include queuing the requests in the order received.
r!@WE ana C]RgRd
6.25.2 The Public Records Officer or designee must notify the requestor if a
request is reprioritized by Staff in a way that changes the previous estimate,
if any, of the time required to respond to the request and must notify the
requestor of the new, reasonable estimate of the time required.
6.25.3 Requestors with multiple open requests may request that the Public Records
Officer or designee reprioritize the requests.
6.26 Requests Log.
6.26.1 The Public Records Officer or designee shall maintain a log of records
requests received by Jefferson County that shall include at a minimum: '
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;
Jefferson County Public Records Act Compliance Policy Page 34 of 41
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 ROW, and shall
be a record subject to 4iselest+r-en c duction under Chapter 42.56
RCW.2-"I
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 WashinYton State Local Government Common Records
Retention Schedule.
7.2 Records in Request Files that Must Be Maintained.
7.2.1 When requested records are redacted, the Records Liaison shall keep a copy
of the redacted records and the un -redacted records for the request file.
7.2.2 A listing only of the redacted records provided to the requestor is not
sufficient in accordance with the provisions of the official state records
retention schedules.
Jefferson County Public Records Act Compliance Policy Page 35 of 41
7.3 Archiving and Destruction of Public Records Request Records.
Within the time required by the Washington State Local Government Common
Records Retention Schedule, GS2010-014, after a final, definitive response has
been sent to the requestor, the Records Liaison shall communicate with the Public
Records Officer or designee to determine whether the request file should be
archived or destroyed.
8.0 Compliance with Best Practices Annual Reporting Requirements
The Public Records Officer or designee shall comply with the best practices annual reporting
requirements contained in RCW 40.14.026.
9.0 Administrative Review
9.1 No Final Decision Until Review Under this Section.
Any: (a) failure to provide a record; (b) failure to provide an exemption log; (c)
failure provide a reasonable estimate for providing a record; (d) or, failure to assess
a reasonable charge for a record becomes final only after review is completed under
Section 9. No lawsuit to review the action taken, compel the production of a record,
or impose a penalty or attorney fees shall be brought before the administrative
remedies set out in this section have been exhausted.
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
(;4i4 (4 41 r`epatJefferson County Prosecuting AtAttomev'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 Jefferson County Prosecuting Attertie, Attorney's Office
shall consider the petition for review and shall either reverse or affirm the denial
within two (2) business days of receipt of the petition for review. The two business -
day response period begins on the business day immediately following receipt of
the petition for review. Jefferson County and the requestor may mutually agree to
a longer period for consideration of a petition for review.
Jefferson County Public Records Act Compliance Policy Page 36 of 41
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 Jefferson County 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 (;4i4 (4 41 r`ep4t kfferson County Prosecuting
^'Attorney's Office has made a written decision, or until the close of the
second business day following receipt of the written petition for review, whichever
occurs first.
10.0 Costs for Public Records
The costs for public records has been set by Jefferson County Ordinance No. . The
requirements of Jefferson County Ordinance No. are repeated below for purposes
of convenience.
10.1 Inspection Only.
There is no charge for inspection of records.
10.2 Records Already on Jefferson County Website.
Jefferson County will not charge any costs for access to or downloading of records
that it posts on Jefferson County's website prior to receipt of a request, unless the
requestor has specifically requested that Jefferson County provide copies of these
records through other means.'
10.3 Statutory
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
,a Ute4-2.56.120(240.
Po�c,��-.
Jefferson County Public Records Act Compliance Policy Page 37 of 41
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 Mpon aproval and apply to all pending Public Records
Act requests.
10.4.1
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;
10.4.2.2 Containers or envelopes used to mail copies to the requestor;
10.4.2.3 Any postage or delivery charge;
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=_E���*misestimates 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;
Soo ACIaI
-SeeR-Cczn
33 See DC -41'
34Sgo D!',
Jefferson County Public Records Act Compliance Policy Page 38 of 41
10.4.3.2 Notifies the requestor of the Customized Electronic Access
Service Charge to be applied to the request, including an
explanation of why the charge applies, a description of the
specific expertise required, and a reasonable estimate of the
charge;' 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.'
10.4.4 Charges may be combined if more than one type of charge applies to
copies produced in response to a request.
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.'
10.5 Cost Schedule.
A current cost schedule as authorized by RCW 42.56.120 and adopted by Appendix Formatted: underline
A of Ordinance is attached to this Policy. The cost schedule also shall be codified Formatted: underline
in the Jefferson County Code Appendix Fee Schedules, and shall be updated
administratively by the Clerk of the Board of County Commissioners to incorporate
changes in the costs in RCW 42.56.120 as presently enacted or as may be amended Formatted: underline
by in the future. A copy of an updated cost schedule also shall be maintained on the Formatted: underline
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,'A 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.
33.0.... RC -41' �7 c� i7n�wwx
as S-- RC -41' 47 c6 i 7n�nx
S-- RC -41' n- c6 i minx
Jefferson County Public Records Act Compliance Policy Page 39 of 41
10.7 Failure to Fulfill Payment Requirements
If payment arrangements are not made within 30 calendar days of notice that
records are available, the entire request may be deemed abandoned and closed. A
reasonable attempt shall be made by the Public Records Officer or designee, or a
Records Liaison, to contact the requestor prior to deeming a request abandoned and
closed.
11 Limitations
11.1 No Additional Legal Rights.
This Policy does not create legal rights beyond those obligations and rights created
by statute or other laws binding on Jefferson County.
11.2 Statutory Requirements and Best Practices.
11.2.1 The provisions of federal and state law control, if there is any conflict with
this Policy.
11.2.2 This Policy includes both statutory requirements and best practices.
11.2.3 Except where mandated by statute, any duties identified in this Policy are
discretionary or advisory only and shall not impose any affirmative duty on
Jefferson County.
11.3 No Additional Duty That is Not Already Imposed by Law.
No provision nor any term used in this Policy is intended to impose any duty
whatsoever upon Jefferson County or any of its officers or employees, not already
imposed by law.
11.4 No Basis for Liability.
This Policy is not intended to and shall not be construed to create or form the basis
of any liability on the part of Jefferson County, or its officers, staff, or agents, for
any injury or damage resulting from any action or inaction on the part of Jefferson
County related in any manner to the enforcement of this Policy by its elected
officials, officers, staff, or agents.
Jefferson County Public Records Act Compliance Policy Page 40 of 41
12.0 Amendments and Corrections
12.1 Jefferson County reserves the right to apply and interpret this Policy and to revise
or change this Policy at any time.
12.2 The Clerk of the Board of County Commissioners is authorized to make necessary
technical, non -substantive corrections to this Policy including, but not limited to,
the correction of scrivener's or clerical errors, references, numbering,
section/subsection numbers and any references to them.
13.0 Severability
If any section, subsection, paragraph, sentence, clause, or phrase of this Policy is declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining
parts of this Policy.
14.0 References
Chapter 5.60 RCW
Chapter 19.108 RCW
Chapter 36.01 RCW
Chapter 36.27 RCW
Chapter 40.14 RCW
Chapter 42.56 RCW
Chapter 82.12 RCW
Chapter 44-14 WAC
Chapter 434-615 WAC
Washington State Local C�ovemment Common Records Retention Schedule
Adopted by Resolution No. on the date of , 2017.
Jefferson County Public Records Act Compliance Policy Page 41 of 41
Proposed Public Records Request Cost Schedule:
Public Records Request
Cost Schedule 44
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)(2)(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 42.56RCW.
For any individual request, total costs up to and including $X.XX shall be waived.