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HomeMy WebLinkAbout112221ra03 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Ken Hugoniot, Public Records Administrator Mark McCauley, Public Records Officer DATE: November 22, 2021 RE: Adoption of a Resolution amending the Jefferson County Public Records Act Compliance Policy. Adoption of an Ordinance amending the Jefferson County Public Records Request Cost Schedule. STATEMENT OF ISSUE: To improve staff efficiency in processing public records and allow more timely access by the public to county email records, staff recommends that the Board of County Commissioners approve a resolution amending the Jefferson County Public Records Act Compliance Policy (JCPRACP) adopted by Resolution 21-18, by removal of policy section 10.4.1. Staff also recommends that the Board of County Commissioners approve an ordinance amending JCC 2.25.020(4)(a) as well as the Jefferson County Public Records Request Cost Schedule. The two amendments would remove identical language from each of the JCPRACP, the Jefferson County Code, and the public record request cost schedule, as quoted below: 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. ANALYSIS: Charging for each discrete email and each discrete attachment is an inefficient use of staff time and can also delay the availability of records for requesters. For many requests, hundreds or thousands of responsive emails are located. Such requests pose a few time-consuming hurdles. Attachments are difficult to count because, first, there is ambiguity as to what actually counts as an attachment and second, the county's email processing tools provide no automatic counts of attachments, so they must be manually tallied. The county also tries to avoid charging requesters for duplicate emails. There is no reliable process for deduplication in the archive, so removal of duplicates must also be done manually. Finally, many requests contain enough ambiguity that they require the county to provide large numbers of emails that the requester may or may not 1 want, but which the county chooses to provide in order to be sure that the requester has access to all of the emails which they may actually want to inspect. Public records requesters would be better-served by not having to pay for records which are borderline responsive and which they may not have intentionally asked for. Removing the sentence quoted above solves all these problems because it gives the County the ability to group emails and charge for only one file containing a number of emails. FISCAL IMPACT: Fees for email records are minimal and the county recoups no more than $1,000 per year of revenue to offset the much larger efficiency costs of employee time spent in estimating and calculating the fees themselves. RECOMMENDATION: Adopt the Ordinance amending the Jefferson County Code and adopt the Resolution amending the Jefferson County Public Records Act Compliance Policy. DEPARTMENT CONTACTS: Ken Hugoniot, Public Records Administrator at Extension 174.dREV WED BY: / i //ff.?, ' / /1//r/i / Mark Mc 0 ley, Interim County Adm. i rator Date 2 STATE OF WASHINGTON County of Jefferson In the Matter of Revising the Jefferson) County Public Records Compliance Policy)) RESOLUTION NO. to Eliminate Separate Charges for) Attachments to Produced Emails ) 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 21-18 on May 29, 2018, which adopted the Jefferson County Public Records Act Compliance Policy (Policy); and, WHEREAS, the County's experience since 2018 has resulted in the conclusion that in order to improve staff efficiency and increase customer satisfaction in how Public Records Act requests are processed, the Policy's requirement that individual emails and their attachments be counted as separate files should be changed so that files containing multiple emails and attachments should be counted as one file; and, WHEREAS,the change in the Policy will not result in a significant change in revenue for records reduced, but will save staff time in processing Public Records Act requests, and, NOW, THEREFORE, the County Commissioners of Jefferson County resolve that the Policy should be modified as in ATTACHMENT "A"to this Resolution. Section 1. Amending the Policy. The changes identified in ATTACHMENT "A" to this Resolution are hereby adopted. Specifically, Section 10.4.1 of the Policy, which says, "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." shall be deleted from the Policy. Section 2. Findings. The County Commissioners hereby adopt the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Resolution. Section 3. Severability. The provisions of this Resolution are declared separate and severable. If any provision of this Resolution or its application to any person or circumstances is held invalid,then the remainder of this Resolution or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 4. SEPA Compliance. This Resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). 1. Section 5.Effective Date. This Resolution is effective immediately upon adoption. (SIGNATURES FOLLOW ON NEXT PAGE) 1 APPROVED and ADOPTED this day of , 2021. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair ATTEST: Greg Brotherton,Member Carolyn Galloway Date Heidi Eisenhour, Member Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 2 ATTACHMENT A 2 Jefferson County Public Records Act Compliance Policy Page 32 of 36 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. 02-0514-18. The requirements of Jefferson County Ordinance No. 02-0514-18 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 Basis. Fees for the provision of responsive records will be in accordance with RC W' 42.56.120. 10.4 Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the state legislature's approved fees and costs for most of Jefferson County's records, as authorized in RCW 42.56.120 and as published in the Jefferson County Public Records Request Cost Schedule. 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 4cim "elect en-ic file", as ased hi RC W '12.56.120(2)(b)(iii) for emails,means each discrete email and ach discrete attachment to an email. STATE OF WASHINGTON County of Jefferson In the Matter of Amending Jefferson) County Code Section 2.25.020(4) and the)) Public Records Request Cost Schedule in) the Appendix Fee Schedules to the Jefferson) ORDINANCE NO. County Code to Eliminate Separate) Charges for Attachments to Produced)) Emails ) 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 Ordinance 2-18 on May 29, 2018, which was codified into Chapter 2.25 JCC and VIII- 010, the Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County Code; and, WHEREAS,JCC 2.25.020(4)(a)and VIII-010,the Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County Code state, "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"; and, WHEREAS, the County's experience since 2018 has resulted in the conclusion that in order to improve staff efficiency and increase customer satisfaction in how Public Records Act requests are processed, the Policy's requirement that individual emails and their attachments be counted as separate files should be changed so that files containing multiple emails and attachments should be counted as one file; and, WHEREAS,the change in the Policy will not result in a significant change in revenue for records reduced, but will save staff time in processing Public Records Act requests, and, NOW, THEREFORE, the County Commissioners of Jefferson County resolve that the Policy should be modified as in ATTACHMENT "A"to this Resolution. Section 1. Amending JCC 2.25.020(4)(a) and VIII-010, the Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County Code. The changes identified in ATTACHMENT"A"to this Resolution are hereby adopted. Specifically,the language says,"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." in JCC 2.25.020(4)(a) and VIII-010, the Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County Code, shall be deleted. Section 2. Findings. The County Commissioners hereby adopt the above recitals (the "WHEREAS" statements) as its findings of fact in support of this Ordinance. 1 Section 3. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid,then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 4. SEPA Compliance. This Ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 5. Effective Date. This Ordinance is effective immediately upon adoption. APPROVED and ADOPTED this day of , 2021. JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean, Chair ATTEST: Greg Brotherton, Member Carolyn Galloway Date Heidi Eisenhour,Member Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 2 ATTACHMENT A 2.25.020 Costs for public records (1) Inspection Only. There is no charge for inspection of records. (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) 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. (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. (a) 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. (a) (b)Jefferson County will charge actual costs for the following: (i) Digital storage media or device provided by Jefferson County; (ii) Containers or envelopes used to mail copies to the requestor; (iii)Any postage or delivery charge; (iv) Photocopies, printed copies of electronic records on paper sizes larger than eight and one-half by 14 inches; (v) Costs of outside vendors for large-scale requests and odd-sized or larger color copies, g q g p if Jefferson County: (A) Notifies the requestor of the outside vendor costs to be applied to the request, q PP includingan explanation of whythe outside vendor cost is necessaryand a p reasonable estimate of the charge; and (B) Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor; (vi) A customized electronic access service charge, if Jefferson County: (A) 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; (B) 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 (C) Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a customized electronic access service charge. (b)(G)Charges may be combined if more than one type of charge applies to copies produced in response to a request. (c) (d)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 chapter, or in response to a voluminous or frequently occurring request. (5) Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by this chapter is in Appendix A of the ordinance codified in this chapter. 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. (6) Deposit. A deposit of up to 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. (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. [Ord. 2-18 § 3] VIII-010 Public records request cost schedule. Public Records Request Cost Schedule' Actual cost Customized electronic access service charge(in addition to fees for copies—see copying fees below). Copies: 15 cents/page Photocopies, printed copies of electronic records(on paper sizes no larger than 8.5"x 14")when requested by the requestor, or for the use of agency equipment to make photocopies. 10 cents/page Scanned records or use of agency equipment for scanning. 5 cents/each 4 Records uploaded to email, or cloud-based data storage service, or other means of electronic electronic files or delivery. attachments RCW 42.56.-1 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$2.00 shall be waived. 1. See RCW 42.56.120(2). [Ord. 2-18 (Att.A)]