HomeMy WebLinkAbout02 0514 18 ((: 1 1'f 1
STATE OF WASHINGTON
County of Jefferson
In the Matter of Updating the Jefferson)) ORDINANCE NO. 02 0 514 18
County Public Records Compliance Policy )
Whereas, Chapter 42.56 RCW, the Washington Public Records Act requires that public
agencies publish rules to provide public access to public records; and,
Whereas, in furtherance of the requirements of Chapter 42.56 RCW, Jefferson County
adopted Resolution 39-06 on June 27, 2006 to govern the response to requests for public records
in all Jefferson County departments and offices; and,
Whereas, effective July 23, 2017, the Washington Legislature amended Chapter 42.56
RCW, the Public Records Act, and Chapter 40.14 RCW, the Preservation and Destruction of
Public Records Act, requiring that the Jefferson County Public Records Access Policy be updated
or replaced to incorporate the changes made by the Washington Legislature; and
Whereas, the Board of County Commissioners of Jefferson County has considered the
matter at a duly-advertised public hearing and concludes that adoption of this ordinance will
further the public health, safety and welfare and will facilitate compliance with Chapter 42.56
RCW, the Washington Public Records Act, including any future changes in Chapter 42.56 RCW;
and
Now,therefore, be it ordered, resolved and decreed by Jefferson County as follows:
1.0 Purpose:
1.1 Chapter 42.56 RCW, the Washington Public Records Act, requires that public
agencies publish rules to provide public access to public records; and,
1.2 Effective July 23, 2017, the Washington Legislature amended the Public Records
Act, changing the costs which may be charged for providing records under the
Public Records Act; and,
1.3 This ordinance is to authorize Jefferson County to charge fees for the provision of
responsive records, in accordance with RCW 42.56.120.
2.0 Repeal of Resolution 39-06: Resolution 39-06, along with its attachments, is repealed.
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3.0 Costs for Public Records:
3.1 Inspection Only.
There is no charge for inspection of records.
3.2 Records Already on Jefferson County Website.
Jefferson County will not charge copying costs for access to or downloading of
records that it routinely posts on Jefferson County's website prior to receipt of a
request, unless the requestor has specifically requested that Jefferson County
provide copies of these records through other means.
3.3 Statutory Basis.
Costs for the provision of responsive records shall be in accordance with RCW
42.56.120. Jefferson County hereby adopts by reference RCW 42.56.120, as
presently enacted or as may be amended in the future.
3.4 Calculation of Costs.
Except as stated below, Jefferson County has determined that the calculation of
actual costs it charges for providing records would be unduly burdensome. Due to
limited staffing resources such a study would interfere with other essential agency
functions. Therefore, in order to implement a cost schedule consistent with the
Public Records Act, it is more cost efficient, expeditious and in the public interest
for Jefferson County to adopt the state legislature's approved fees and costs for
most of Jefferson County's records, as authorized in RCW 42.56.120 and as
published in the Jefferson County Public Records Request Cost Schedule. These
fees shall go into effect immediately upon approval and apply to all 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";
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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.
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3.5 Cost Schedule.
A current cost schedule as authorized by RCW 42.56.120 and adopted by this
Ordinance is in Appendix A of this Ordinance. The cost schedule also shall be
codified in the Jefferson County Code Appendix Fee Schedules and shall be
updated administratively by the Clerk of the Board to incorporate changes in the
costs in RCW 42.56.120,,as presently enacted or as may be amended in the future.
A copy of an updated cost schedule also shall be maintained on the Public Records
portal on the Jefferson County website and shall be posted at the Jefferson County
Commissioners' Office. The costs for the provision of public records are not
subject to indexing pursuant to Ordinance No. 12-1209-96.
3.6 Deposit.
A deposit of up to ten (10) percent of the estimated total cost of providing copies
for a request, including a customized service charge, may be required by Jefferson
County before records are copied. When requested records are provided on an
installment basis, costs shall be collected for copies prior to provision of the next
installment. Failure to pay for an installment shall place compilation of subsequent
installments on hold.
3.7 Failure to Fulfill Payment Requirements
If payment arrangements are not made within 30 calendar days of notice that
records are available,the entire request may be deemed abandoned and closed. The
Public Records Officer or designee shall make a reasonable attempt to contact the
requestor prior to deeming a request abandoned and closed.
4.0 Resolutions to Adopt Public Records Policies: The Jefferson County Board of
Commissioners may adopt policies by Resolution to implement Chapter 42.56 RCW,
which policies shall apply to all employees, elected officials, and advisory boards and
commissions of Jefferson County.
5.0 Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this
ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining parts of this ordinance.
6.0 Effective Date: This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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c41/
APPROVED and ADOPTED this /Y1.6" day of 14 t=7 , 2018.
p,Y- Q''t JEFFERSON CO TY BOARD OF
A ^ „, A' COMMISSIO ' S
•
' David SullivanChair
,
4 04
411
rfr
ATTIs fii ' ', Kathleen Kler,Me er
Caroly,Gallaway Kate Dean, ember
Deputy Clerk of the Board
Approved as to form only:
OC /1114—. s`v//8
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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ATTACHMENT A
to Ordinance No. 0 2 0 514 1 A
(Current Cost Schedule, Subject to Change Pursuant to RCW 42.56.120)
Public Records Request Cost Schedule:
Public Records Request Cost Schedule'
Actual cost Customized Electronic Access Service Charge (in addition to fees for
copies—see copying fees below).
Copies:
15 cents/page Photocopies, printed copies of electronic records (on paper sizes no
larger than 8.5"x 14")when requested by the requester, or for the use of
agency equipment to make photocopies.
10 cents/page Scanned records or use of agency equipment for scanning.
5 cents/each 4 Records uploaded to email, or cloud-based data storage service,or other
electronic files or means of electronic delivery. For the avoidance of doubt, the term
attachment "electronic file", as used in RCW 42.56.120(2)(b)(iii)for emails,means
each discrete email and each discrete attachment to an email.
10 cents/gigabyte Records transmitted in electronic format or for use of agency equipment
to send records electronically.
Actual cost Digital storage media or devices.
Actual cost Any container or envelope used to mail copies.
Actual cost Postage or delivery charges.
Actual cost Photocopies, printed copies of electronic records on paper sizes larger
than 8.5"x 14".
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 $2.00 shall be waived.
I See RCW 42.56.120(2).
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Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley,County Administrator
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Ken Hugoniot,Public Records Administrator
Erin Lundgren, Clerk of the Board, Public Records Officer
DATE: 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.
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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.
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Regular Agenda
De #Letter #Pages #emails #Gigabites
Minimus Copies Scanned &data transmitted
Threshold @ to pdf @ files sent @ 100/gig
150/page 100/page @ 50/4
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.
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Regular Agenda
A WED BY.
0,41 —576:20
• ilip ,Coun : e strator Date
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