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Home My WebLink About07 1122 21 Amending JC Code Section 2.25.020(4) and the Public Records Request Cost Schedule \c 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. 0 7—112 2—21 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. V •' 1 F#a APPROVED and ADOPTED this 22" day of Ab °.Y , 2021. JEFFERSON COUNTY BOARD OF COMMIS ERS • 4. • Ka • ATTEST: Greg3rotherton,Member a1<uG�. ' �z z i CarolynGa a ate �I eidi isenhour, Member Q�' Y Clerk of the Board Approved as to form only: C/1% ,,/o , Philip C. Hunsucker ate 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. 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, if Jefferson County: (A) 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 (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) (o)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.For the avoidance of doubt,the term"electronic file,"as used in attachments ae 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. 1. See RCW 42.56.120(2). [Ord. 2-18 (Att. A)]