The URL can be used to link to this page

Home My WebLink About070 02 STATE OF WASHINGTON County of Jefferson In the Matter of Updating the Jefferson County Records Access Policy Identified as Attachment "A" to this Resolution } } } } RESOLUTION NO. 70-02 WHEREAS, RCW 42.17, The Washington State Public Disclosure Act requires that public agencies publish rules in order to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the agency unless the record falls within a specific exemption; and, WHEREAS, the Jefferson County Commissioners adopted Resolution No. 117-97 on October 27, 1997 and Resolution No. 24-01 on March 5, 2001 with Attachment A which is the Jefferson County Records Access Policy, to govern the response to requests for public records in all Jefferson County departments and offices; and, WHEREAS, because several County departments have received requests for electronic data to be released and asked for guidance with these requests, the policy has been updated to address these records. NOW, THEREFORE, BE IT RESOLVED, by the Board of Jefferson County Commissioners that the JEFFERSON COUNTY RECORDS ACCESS POLICY is hereby re-adopted at "Attachment A" to this to this resolution. BE IT FURTHER RESOLVED that Resolution No. 117-97 and Resolution No. 24-01 and their attachments are hereby repealed and replaced by adoption of this Resolution. " ---. " .'.\",n C[),~ ~~~ (,'j~4~'0v: j~:o\ ~. \\ .t.>::.~;~ 'J, ) : ,~. '.. ',ì'" .;1"., -,- J' ......~>, .. ';\ l . . ~ ~~~,.1'.~' ,'~.'. '\ À 'T'f.1;'~'( \, ') ~ \\ « ø-14{a Lorna Delaney, CMC Clerk of the Board (Excused Absence) Glen Huntingford, Member H£~ I>an Titterness, 11ernber 11/ I '$!dì-- ATTACHMENT "A" to Resolution No, 70-02 JEFFERSON COUNTY RECORDS ACCESS POLICY SECTION 1.0 - Subject 1.1 Jefferson County departments, divisions and agencies create and receive a wide variety of public documents. State law identifies what documents are accessible to the public. This policy identifies and defines how the public can access the public records held by Jefferson County departments. SECTION 2.0 - Purpose 2.1 To establish a uniform countywide policy for responding to requests for public records under the provisions of the Washington State Public Disclosure Act (RCW 42.17). SECTION 3.0 - Affected Parties 3.1 All Jefferson County offices and departments, as defined below. SECTION 4.0 - References Revised Code of Washington (RCW) 42.17.250 to 42.17.348 SECTION 5.0 - Definitions 5.1 Indexes (Indices): A listing on paper, or in a computer database, of the public documents in an office or department. 5.2 Offices and Departments: For the purpose of this policy, this shall mean all Jefferson County departments, their divisions, subdivisions, ancillary offices, Advisory Boards and Commissions and employees. 5.3 Public Records: Public Records include any paper, correspondence, completed form, bound record book, photograph, film, sound recording, map drawing, machine-readable material, or other documents including existing data compilations from which information may be obtained or translated, regardless of physical form or characteristics, and including such copies thereof, that have been made by, or received by, any office or department of Jefferson County in connection with the transaction of public business. SECTION 6.0 - Policy 6.1 Posting of Rules and Procedures: Each County office and department shall make available for inspection and copying for the guidance of the public, the policies, procedures and standard process for requesting records. 6.2 Indexes (Indices) Available to Public: Pursuant to RCW 42.17.260(4)(a), Jefferson County is not required to maintain an all inclusive index of public records as provided in this RCW based on the following findings: 6.2.1 Maintaining an all-inclusive index of public records is unduly burdensome, and would interfere with agency operations. i) Jefferson County is comprised of 15 separate departments, their divisions and subdivisions, many of which are located in facilities in various locations around the County ii) Departments and their divisions maintain separate record-keeping systems. Revised 11/8/02 Page 2 Resolution No. 70-0Ãttachment A iii) Because County has records which are diverse, complex and stored in multiple locations and identified on various record keeping systems, some computerized, and some on paper, it is unduly burdensome, and physically impossible to maintain a central index of records. 6.2.2 If such indices exist, then the County office and departments shall make available for public inspection and copying any indices to public records maintained for departmental use. 6.3 Exempt Records: Offices and departments will exempt from public inspection and copying those records listed in Chapter 42.17.310 of the Revised Code of Washington as it currently exists and as amended hereafter, 6.3.1 The exemptions ofRCW 42.17.310 shall not apply if the disclosure of information which would violate a personal privacy or vital government interest can be deleted from the specific records sought. No exemption shall be construed to permit the non-disclosure of statistical information not descriptive of any readily identifiable person or persons. 6.3.2 Responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the records withheld. 6.4 Disclosure Prohibited by Other Statutes: Offices and departments shall nót be required to permit public inspection and copying of any record to the extent public disclosure of the record is prohibited, restricted or limited by state or federal statute or regulation, other than RCW 42.17.310. Offices and departments will be responsible for identifying such statutes or regulations as apply to the records in their possession. 6.5 Digital Data to be Released: The state law governing the potential disclosure of public records does not create separate rules for records stored electronically as opposed to those stored photographically (microfilm) or on paper. Therefore, digital data will be released (or not released) in a manner consistent with the Public Disclosure Act, codified as Chapter 42.17 RCW and any other agreements, duties or obligations that pertain to a specific public record, e.g., confidential propriety information of a vendor will not normally be subject to release. 6.5.1 Fees for Copies. The Public Disclosure Act allows that a reasonable charge may be imposed for providing copies of public records and for the use by any person of agency equipment to copy public records (RCW 42.17.300). The charges shall not exceed the amount necessary to reimburse the agency for its actual costs directly incidental to copying the digital data. 6.5.2 Request of Digital Data. Like any other form of public record it is the office or department that creates or maintains such a record that should be contacted when a public record maintained in digital form is being requested. If the requester does not know in which office such records are maintained, the request shall be made at the office of the Board of County Commissioners. 6.6 Procedure for Inspection or Copying: Offices and departments shall make public records available for public inspection and copying during customary office hours. Revised 11/8/02 Page 3 Resolution No. 70-0;\ttachment A 6.6.1 Facilities may be made available for the copying of public records except when this would unreasonably disrupt normal department or office operations. 6.7 Form of Requests: Requests received in person, by mail, telephone or facsimile for identifiable public records shall be honored, subject to the provisions ofthis policy. 6.8 Request Normally in Writing: In order to efficiently comply with requests and to assure a record of compliance, the County prefers that requests be made in writing. Oral requests for public records will be honored, but are, in their nature, more prone to misinterpretation and misunderstanding. 6.8.1 If the requester does not know in which office such records are maintained, the request shall be made at the office of the Board of County Commissioners, 6.9 No distinction shall be made among persons requesting records, and such persons shall not be required to provide information as to the purpose of the request except to establish: i) Whether inspection and copying would violate the provisions of RCW 42.17 prohibiting agencies from giving, selling or providing access to lists of individuals requested for commercial purposes; or ii) Whether the request would violate any other statute which exempts or prohibits disclosure of specific information or records to certain persons. 6.9.1 In compliance with RCW 42.17.260 (9) offices and departments shall not give, sell or provide access to lists of individuals for commercial purposes unless specifically authorized or directed by law. 6.10 Protection of Public Records: Offices and departments shall adopt and enforce reasonable rules to protect public records from damage and disorganization, and to prevent excessive interference with their other essential functions. Such rules and regulations shall provide for the fullest assistance to inquirers. Questions regarding such rules should be directed to the Prosecuting Attorney. 6.10.1 If a request is made for a digital copy of a document created by a County department, or a document adopted or being considered for adoption by the legislative authority (i.e. resolution, ordinance, minutes, policy, plan) the copy will be provided in PDF format. 6.11 Responses to Requests: 6.11.1 Time Limits: Within five (5) business days of receiving a request for a public record, a response must be made which either: a) Provides the record; b) Acknowledges that the request has been received and: 1) asks for clarification of the request; 2) provides a reasonable estimate of the time required to respond to the request; or c) Denies the request. 6.11.2 Additional Time Needed: Additional time required to respond to a request may be based on the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. Revised 11/8/02 Page 4 Resolution No?O-02Attachment A 6.11.3 Clarification of Requests: In the case ofa public record request that is unclear, the requester may be asked to clarify what information is being sought. Ifthe requester fails to clarify the request, a response need not be made. 6.11.4 Notification of Affected Parties: Offices and departments have the option of notifying affected persons or agencies of requests to whom a requested record specifically pertains and, in some instances, may be required by law to provide such notice. 6.12 Denials: 6.12.1 Written Statement: Denials of requests for public records must be accompanied by a written statement of the specific reasons therefore. 6.12.2 Review of Denials: Should a request for inspection or copying of public records be denied, the written request and the written statement of the reasons for the denial shall be forwarded to the Jefferson County Prosecuting Attorney for review before the denial is sent. i) The Prosecuting Attorney's review shall be completed within two (2) business days following receipt of the denial for review and shall constitute the County's final action for the purposes of judicial review pursuant to RCW 42.17.320. 6.13 Fees: No fee shall be charged for the inspection of public records. Charges for providing copies of records shall not exceed the amount necessary to recoup the actual costs incident to such copying. Offices not computing actual copy costs may charge up to 15 cents ($.15) per copy. Some public records have copy charges established by state law and said records are exempt from the fee provisions ofthis policy. Revised 11/08/02 Page 5 Resolution No. 70-02 Attachment A