HomeMy WebLinkAbout020722ca01Consent Agenda
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: February 7, 2022
RE: HEARING NOTICE re: Holding a Public Hearing for the following:
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:
Staff recommends that the Board of County Commissioners approve a resolution amending the
Jefferson County Public Records Act Compliance Policy (the Policy) adopted by Resolution 21-
18, as amended by Resolution 68-21 as follows:
(1) Make changes to the Policy necessary to prepare for the upcoming deployment of body
worn cameras by the Jefferson County Sheriff's Office;
(2) Replace Section 9.0. of the Policy with a provision for optional review, as this section is
now unenforceable as a result of a Washington Supreme Court decision invalidating similar
language in the San Juan County Code; and,
(3) Make edits that correct errors or clarify language in the Policy.
Staff also recommends modifications to the Jefferson County Public Records Request Cost
Schedule necessary to prepare for the upcoming deployment of body worn cameras by the
Jefferson County Sheriff's Office.
Next, staff recommends that the Board of County Commissioners conduct a workshop on the
proposed changes.
Finally, staff recommends that there be a hearing on the proposed Ordinance and Resolution, and
that the Board of County Commissioners approve the proposed hearing notice that is attached.
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Consent Agenda
ANALYSIS:
Chanses Needed to DeDlov Bodv Worn Cameras.
Body worn cameras will be deployed by the Jefferson County Sheriff's Office in the next two
months. Changes in the Policy are needed to address Public Records Act requests for body worn
camera footage. RCW 42.56.240 14 has detailed requirements for redaction, including to protect
persons privacy. These redaction requirements require significant staff time. Accordingly, the.
Legislature has authorized charging the reasonable costs for this work. However, the Public
Records Act (Chapter 42.56 RCW) requires that individual agencies adopt charges for Public
Records Act work. Accordingly, in order to recoup the significant cost of redacting body camera
footage, the Policy and fee schedule should be amended.
Changes Needed to Remove Unenforceable Section of the Policy.
A Washington Supreme Court decision invalidated San Juan County's Code, which created an
administrative remedy for denial of Public Records Act requests. The administrative remedy was
an appeal to the Prosecuting Attorney. This administrative remedy was designed to eliminate
unnecessary Public Records Act litigation. However, the Washington Supreme Court held that
the administrative remedy was not authorized by the Public Records Act. Section 9.0 of the Policy
was based on the San Juan County Code language. As a result of the Washington Supreme Court's
decision in the San Juan County case, Section 9.0 of the Policy is unenforceable. Accordingly,
Section 9.0 of the Policy, as it is currently written, should be replaced by a provision and procedure
for an optional request for review by the Prosecuting Attorney, in cases where a public records
requester believes that responsive records have not been produced by the county.
Changes Needed to Correct or Clarify the Policy.
There are a few changes to the Policy needed to correct errors of clarify the Policy. These changes
should be made.
FISCAL IMPACT:
Body camera footage production under the Public Records Act requires significant staff time. The
Legislature recognized this and authorized charging reasonable costs. Adopting the changes to the
Policy that authorize charging for these costs will result in recoupment of at least some of the costs
to the County of staff time for complying with the requirements for redaction in the Public Records
Act. Except for staff time for modifying the Policy, the other proposed changes do not have a
fiscal impact.
RECOMMENDATION:
First, approve the attached Hearing Notice. Then, the Board of County Commissioners should
consider holding a workshop on the proposed changes. Finally, at the hearing, the Board of County
Commissioners should adopt the Resolution amending the Jefferson County Public Records Act
Compliance Policy and the Ordinance amending the Jefferson County Public Records Request
Cost Schedule.
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Consent Agenda
DEPARTMENT CONTACTS:
Ken Hugoniot, Public Records Administrator at Extension 174.
REVIEWED BY:
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Mark McCauVey, Interim County Admini r or Date
Please publish 2 times: February 9, 2022 & February 16, 2022
Bill to Jefferson County Commissioners
Non -departmental Fund
PO Box 1220
Port Townsend, WA 98368
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for MONDAY, February 28, 2022 at 11:15 a.m. in the Commissioners' Chambers,
County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (NOTE: No In -Person
Attendance Allowed (Per Jefferson County RESOLUTION No. 45-21)), and said notice of said
hearing be published in the official newspaper of Jefferson County, and that at said hearing any
interested person may appear virtually and be heard for or against the resolutions. To view documents,
go to hitps://test.co.Jefferson.wa.us/WebLinkExtemal/0/doc/3385780/Pa eg l aT
To participate/provide testimony, you will need to join the meeting by 11:15 a.m. To participate via
Zoom, click on https://zoom.us/j/93777841705. To participate/provide testimony via telephone dial
1-253-215-8782 and enter access code: 937-7784-1705# by 11:15 a.m. To view this meeting live
with no participation, go to www.co.jefferson.wa.us Follow the links under "Quick Links: Videos of
Meetings: Today. " Access for the hearing impaired and others can be accommodated using Washington
Relay Service at 1-800-833-6384.
The public hearing is to consider the following: Proposed Resolution amending the Jefferson County
Public Records Act Compliance Policy and the Jefferson County Public Records Request Cost
Schedule to prepare for the upcoming deployment of body worn cameras by the Jefferson County
Sheriff's Office, changes needed to correct or clarify the Policy, and replace an unenforceable section
of the Policy.
Changes Needed to Deploy Worn Cameras.
Body worn cameras will be deployed by the Jefferson County Sheriff's Office in the next two
months. Changes in the Policy are needed to address Public Records Act requests for body worn
camera footage. RCW 42.56.240(14) has detailed requirements for redaction, including to protect
persons privacy. These redaction requirements require significant staff time. Accordingly, the
Legislature has authorized charging the reasonable costs for this work. However, the Public Records
Act (Chapter 42.56 RCW) requires that individual agencies adopt charges for Public Records Act
work. Accordingly, in order to recoup the significant cost of redacting body camera footage, the
Policy and fee schedule should be amended.
Changes Needed to Remove Unenforceable Section of the Polio
A Washington Supreme Court decision invalidated San Juan County's Code, which created an
administrative remedy for denial of Public Records Act requests. The administrative remedy was an
appeal to the Prosecuting Attorney. This administrative remedy was designed to eliminate
unnecessary Public Records Act litigation. However, the Washington Supreme Court held that the
administrative remedy was not authorized by the Public Records Act. Section 9.0 of the Policy was
based on the San Juan County Code language. As a result of the Washington Supreme Court's
decision in the San Juan County case, Section 9.0 of the Policy is unenforceable. Accordingly,
Section 9.0 of the Policy, as it is currently written, should be replaced by a provision and
procedure for an optional request for review by the Prosecuting Attorney, in cases where a public
records requester believes that responsive records have not been produced by the county.
Changes Needed to Correct or Clarify the Polio
There are a few changes to the Policy needed to correct errors of clarify the Policy. These changes
should be made.
In addition, written testimony is also invited beginning on February 9, 2022 and ending on February
28, 2022 at the end of the Public Hearing, unless extended by the Board of County Commissioners.
Written public testimony may be submitted by Email to: jeffbocc oco.jefferson.wa.us; or by Mail
to: Jefferson County Commissioners' Office; PO Box 1220, Port Townsend, WA 98368. Testimony
must be received by the Board of County Commissioners by the end of the hearing public comment
period.
Approved and signed this 7th day of February, 2022.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Heidi Eisenhour, Chair
STATE OF WASHINGTON
County of Jefferson
In the Matter of Revising the Jefferson
County Public Records Compliance Policy to:
(1) Prepare for the Upcoming Deployment of
Body Worn Cameras; (2) Remove Section 9.0,
which is Unenforceable; and, (3) Correct or
Clarifv the Policv
RESOLUTION NO.
WHEREAS, Chapter 2..:_S6 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), as amended by Resolution 68-21 on November 22, 2021; and,
WHEREAS, the Jefferson County Sheriff s Office will deploy body worn cameras in the
coming months; and,
WHEREAS, the Public Records Act requires significant work to redact body worn camera
footage before it can be produced in response to a Public Records Act request; and,
WHEREAS, the Legislature authorized recovery for the reasonable costs of the significant
work to redact body worn camera footage before it can be produced in response to a Public Records
Act request, but requires that the County approve the charges locally; and,
WHEREAS, Section 9.0 of the Policy was made unenforceable by a recent Washington
Supreme Court decision related to San Juan County's similar provision; and,
WHEREAS, in any case where a public records requester believes that responsive records
have not been provided, an optional provision for Prosecuting Attorney review would be beneficial
to both the county and the requester; and,
WHEREAS, additional changes to the Policy should be made to correct or clarify portions
of the Policy;
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.
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).
Section 5. Effective Date. This Resolution is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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APPROVED and ADOPTED this day of , 2022.
JEFFERSON COUNTY BOARD
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
C ►K�701► If.=911I"t -1
Heidi Eisenhour, Chair
Kate Dean, Member
Greg Brotherton, Member
3
Ill
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ATTACHMENT A
�y0
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JEFFERSON COUNTY
PUBLIC RECORDS ACT
COMPLIANCE POLICY
(Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27,
2006, May 29, 2018, November 22, 2021, and [date of adoption])
tJefferson County Public Records Act Compliance Policy Page 2 of 38
JEFFERSON COUNTY PUBLIC RECORDS ACT
COMPLIANCE POLICY
(Created October 27, 1997 and revised/replaced March 5, 2001, November 18, 2002, June 27,
2006, May 29, 2018, November 22, 2021, 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
Body Worn Camera Recording: .............................................................................. 6
2.3
Bot Request: ............................................................................................................ 6
2.4
Business Day: .......................................................................................................... 6
2.5
Chief Civil Deputy Prosecuting Attorney: .............................................................. 6
2.6
Court Records Request: .......................................................................................... 7
2.8
Disclosure: .............................................................................................................. 7
2.9
Exempt Record: ...................................................................................................... 7
2.10
Failure to Provide a Record: ................................................................................... 7
2.11
Final, Definitive Response: ..................................................................................... 7
2.12
Fullest Assistance: .................................................................................................. 8
2.13
Human Resources: .................................................................................................. 8
2.14
Jefferson County: .................................................................................................... 8
2.15
Normal Business Hours:......................................................................................... 8
2.16
Person in Interest: ................................................................................................... 8
2.17
Policy: ..................................................................................................................... 8
2.18
Production: .............................................................................................................. 8
2.19
Public Records Liaison and Records Liaison: ........................................................ 9
2.20
Public Records Officer: ........................................................................................... 9
tJefferson County Public Records Act Compliance Policy Page 3 of 38
2.21
Record: .................................................................................................................... 9
2.21
Record holder: .........................................................................................................
9
2.22
Request: .................................................................................................................
10
2.23
Requestor:.............................................................................................................10
2.24
Section: .................................................................................................................
10
2.25
Staff:......................................................................................................................10
2.26
Web Portal: ...........................................................................................................
10
2.27
Written Information: .............................................................................................
10
3.0 General Provisions............................................................................................................
11
3.1
Public Records Act Compliance...........................................................................
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 ......................................
13
4.1
Public Records Officer.........................................................................................
13
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............................................................................
16
5.3
Lists of Individuals...............................................................................................
16
5.4
Bot Requests.........................................................................................................
16
6.0 Jefferson County Response to Public Records Requests ..................................................
17
6.1
Required Communication by Records Liaisons Upon Receipt of a Records
Request..................................................................................................................
17
tJefferson County Public Records Act Compliance
Pate 4 of 38
6.2
Requests for "All Records" is Insufficient............................................................
17
6.3
Prompt Response Required...................................................................................
18
6.4
Types of Five (5) Day Responses.........................................................................
18
6.5
Final, Definitive Response....................................................................................
21
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...............................................................................
22
6.11
No Requirement to Create New Records to Respond to a Records Request........
22
6.12
Request for Records that No Longer Exist...........................................................
22
6.13
Agreements in Response to Voluminous or Frequently Occurring Requests.......
22
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...................................................................................
24
6.18
Summaries of Common Exemptions....................................................................
24
6.19
Inspection of Responsive Records........................................................................
25
6.20
Electronic Records................................................................................................
26
6.21
Installments...........................................................................................................
27
6.22
Requestor Responsibility......................................................................................
27
6.23
Order of Processing Requests...............................................................................
28
6.24
Allocating Specific Amounts of Time and Resources ..........................................
28
6.25
Multiple Requests by the Same Requestor...........................................................
28
6.26
Requests Log.........................................................................................................
29
6.27
Preservation of Request Clarifications and Search Efforts ...................................
29
tJefferson County Public Records Act Compliance
Pate 5 of 38
7.0
Records Retention Required.............................................................................................
29
7.1 Retention of Public Records Request Records .....................................................
30
7.2 Records in Request Files that Must Be Maintained ..............................................
30
7.3 Archiving and Destruction of Public Records Request Records ..........................
30
8.0
Compliance with Best Practices Annual Reporting Requirements ...................................
30
9.0
[RESERVED]...................................................................................................................
30
10.0
Costs for Public Records...................................................................................................
31
10.1 Inspection Only.....................................................................................................
32
10.2 Records Already on Jefferson County Website....................................................
32
10.3 Statutory Basis......................................................................................................
32
10.4 Calculation of Costs..............................................................................................
32
10.5 Cost Schedule........................................................................................................
34
10.6 Deposit..................................................................................................................34
11.0
Limitations........................................................................................................................
34
11.1
No Additional Legal Rights..............................................................................................
34
12.0
Amendments and Corrections...........................................................................................
35
13.0
Severability.......................................................................................................................
35
14.0
References.........................................................................................................................35
Public Records Request Cost Schedule: .......................................................................................
38
Jefferson County Public Records Act Compliance Policy Page 6 of 38
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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 4 2_:_ 6 03_0. Jefferson County adopts this Policy to comply with Chapter 4'2_:.5_6 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.
"Body worn camera recording" means "bod
�y wom camera recording" as defined
in RCW 42.56.240(g)(1), as in effect now or as amended in the future.
2.3 Bot Request:
"Bot request" means `Bot request" as defined in RCW 2.._56_.0 8Q.Q , as in effect
now or as amended in the future.
142.4 Business Day:
"Business day" means the days Jefferson County is open for business. Business
days do not include weekends and Jefferson County holidays.
2-42.5 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
tJefferson County Public Records Act Compliance Policy Page 7 of 38
assistance in processing reeo-rds-requests pursuant to the Public Records Act and
this Policy.
2.6 Court Records Request:
"Court records request" means any request for Jefferson County District Court or
Jefferson County Superior Court records. Court records are subject to release
directly through the courts. Access to court records is governed by the
Washington Courts' General Rule 3 I and case law.
2,62.7 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.
2.8 Disclosure:
"Disclosure" of a Record means notifying a Requestor of the existence of a Record,
in contrast with "Production" of a Record.
-2-.92.9 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 '2...5._(97(�, or in case law. When a
portion of a record is exempt from production, only the exempt portion should be
redacted and the remainder of the record should be provided (see Section 6.16).
2-.92.10Failure 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 before all responsive records have been
provided.
24-02.11 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 38
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242.12 Fullest Assistance:
"Fullest assistance" means Jefferson County's obligation to provide fullest
assistance to all requestors, consistent with and as limited by RCW a_5.a_ 09, 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 any type of assistance asked for by one
requestor if if —doing so may detrimentally affect Jefferson County's ability to
provide fullest assistance to other requestors, result in damage or disorganization
of records, or excessively interfere with essential agency functions.
2.13 Human Resources:
"Human Resources" means the Human Resources Officer of Jefferson County.
24-32.14 Jefferson County:
"Jefferson County" means Jefferson County, Washington. As used in this Policy,
Jefferson County refers all county departments, their divisions, and subdivisions.
2442.15 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.
2.16 Person in Interest:
"Person in Interest" means "Person in interest" as defined in RCW 42_..5h. .0._1_0.(2),
as in effect now or as amended in the future.
2462.17 Policy:
"Policy" means this Jefferson County Public Records Act Compliance Policy.
24-72.18 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 38
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24-9-2.19 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.
24-92.20 Public Records Officer:
"Public Records Officer" means the person who is appointed as Public Records
Officer for Jefferson County pursuant to RCW 4.2 56..._.58Q..
2.21 Record:
"Record" means "Public Record", "Public record" as defined in RCW
42_A.56,0I..O(.J, as in effect now or as amended in the future, or pursuant to case law,
including:
2.20.1 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.
2.20.2 This definition does not include records that are not otherwise required to
be retained by Jefferson County and are held by volunteers who:
2.20.2.1 Do not serve in an administrative capacity;
2.20.2.2 Have not been appointed by Jefferson County to an agency
board, commission, or internship; and,
2.20.2.3 Do not have a supervisory role or delegated Jefferson
County authority.
2.20.3 Written information created or received by employees using non -county
devices only meets 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.
2.21 Record holder:
"Record holder" means the department or staff having custody of a record.
Jefferson County Public Records Act Compliance Policy Page 10 of 38
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2.22 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.
2.23 Requestor:
"Requestor" means the individual submitting the request for records.
2.24 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.
2.25 Staff:
"Staff' means collectively elected officials, officers, and employees of Jefferson
County.
2.26 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.
2.27 Written Information:
"Written information" means "Writing", as defined in RCW 4 _:.5_h.e0._1_0 . , as is
now in effect or as amended in the future, or in case law, including, handwriting,
typewriting, printing, photostatting, 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 38
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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.4215.6.
RCW.
3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors
and the most4imytimeliest, yet 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.
1.1.1 This Policy shall apply to all employees, elected officials, and advisory
boards and commissions of Jefferson County.
1.1.2 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.
1.1.3 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 4 .._S _._�p7 D_.( ), RCW 42.56.....2.40..(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 38
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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 .:_56...�70.01 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.
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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 .42.15.6..5_89.
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._ . 5_8..0, 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.._5f 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;
4.1.5.9 Along with the Jefferson County Prosecuting Attorney's
Office, disseminate legal updates and policy changes
affecting records requests;
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4.2
4.3
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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 4()_._1.4 RCW; 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 for provision of records or other assistance, 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 :.0..._._4.. RCW.
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.
Records Liaisons and Backub 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.
tJefferson County Public Records Act Compliance Policy Page 15 of 38
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 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
4..14.Q2 .
..................................................
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.
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5.2 Fair Notice of Records Reauest.
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
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.t18t1�...................................................
as it exists now or as it may be amended in the future, that 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.
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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 .0_...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 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 4 .,5h. 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
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.
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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 .0..._14 RCW.
6.3.2 Staff shall respond promptly to requests for records in accordance with the
requirements of RCW 4 2.._s6.52"0 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.
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 one 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.
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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.
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
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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 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.
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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.
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
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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.
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:
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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.
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 ..,_56. _10..
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
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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._ 6_.21 the requestor shall be provided, in writing, a brief
.....7
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 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 (RCW 2.5623(( and
RCW �:2_._56.2.:5_a..);
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 4 _,_56. 280.);
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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 (RCW
4.2..5 ..24 O.( ..)); 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_._5_ ..2.3_0. 3) and RCW 42._5 .050).
6.19.1.5 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 (RCW
4 .,.,56.....2.4.0.(D)
6.18.1.6 Identifying information of victims or witnesses of crimes
under certain circumstances (RCW 42.._56_.240.(2) and ,(5
6.18.1.7 Records created in anticipation of litigation (RCW
42..._56..2 0);
6.18.1.8 Records reflecting communications between attorneys and
Jefferson County employees where legal advice is sought
or received (RCW ..5 6-0.0.6(.(
6.18.1.9 Records that are protected by trade secrets law
Chapter 19„108 RCW; 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 (RCW 4 ..._56.. 7.0fi)).
6.18.1.11 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.
tJefferson County Public Records Act Compliance Policy Page 26 of 38
6.19.2 Requestors may arran e�ake-t �r� with the Public Records Officer
or designee, or a Records Liaison, te-inspection of 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.
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.
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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_,_5_6.,0..7f0 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
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.
Jefferson County Public Records Act Compliance Policy Page 28 of 38
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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
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
t
Jefferson C
6.26
6.27
Public Records Act Compliance
Paize 29 of 38
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
of the time required to respond to the request and the Public Records Officer
or designee 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.
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;
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 4'�9.:._14' RCW, and shall
be a record subject to production under Chapter .._56. RCW.
6.26.3 The log may be created or maintained using collaborative records request
management software.
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.Records Retention Required
Jefferson County Public Records Act Compliance Policy Page 30 of 38
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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 (CORE).
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.
7.3 Archiving and Destruction of Public Records Request Records.
Within the time required by the Washington State Local Government Common
Records Retention Schedule CORE , 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 R.CA.._ 0_e:14 02f..
reoonse to any Dublic records act request. The Prosecuting Attorney or designee shall pMvide
response to the request for review within 10 business days, which shall be provided to the
requestor by the Public Records Officer or designee.
+, Z, + .Q.-s ' s
' Footnotes will be removed in adopted version of this policy.
2 An optional review provision has been added to wive reauestors a chance to anneal decisions within the Count
instead of filing a lawsuit.
s A Washinuton Supreme Court decision invalidated San Juan Countv's similar provision. That case makes this
section unenforceable. The section should be removed
Jefferson County Public Records Act Compliance Policy Page 31 of 38
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"10.0 Costs for Public Records
The costs for public records has been set by Jefferson County Ordinance No. 02-0514-18,
as amended by Ordinance No. 07-1122-21 and Ordinance No. . The
requirements of Jefferson County Ordinance No. 02-0514-18, as amended by Ordinance
No. 07-1122-21 and Ordinance No. are repeated below for purposes
of convenience.
Jefferson County Public Records Act Compliance Policy Page 32 of 38
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9440.1Inspection Only -
There is no charge for inspection of records.
9-.210.2 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.
9410.3 Statutory Basis.
Fees for the provision of responsive records will be in accordance with RCW
42.5�.120.
..................................................
9410.4 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..._5(: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.
9-.4410.4.1 Jefferson County will charge the actual cost for the following:
91410.4.1.11)i2ital storage media or device provided by Jefferson
County;
. 10.4.1.2Containers or envelopes used to mail copies to the requestor;
9:4-47.410.4.1.3Any postage or delivery charge;
944-410.4.1.4Photocopies, printed copies of electronic records on paper
sizes larger than 8.5" x 14";
94-1 510.4.1.5Costs of outside vendors for large-scale requests and odd -
sized or larger color copies, if Jefferson County:
944.5.' 10.4.1.5.1 Notifies the requestor of the outside
vendor costs to be applied to the
Request, including an explanation of
why the outside vendor cost is
Jefferson County Public Records Act Compliance Policy Page 33 of 38
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necessary and a reasonable estimate
of the charge; and,
944-.5—.210.4.1.5.2 Provides the requestor an opportunity
to amend the request to avoid or
reduce the cost of the outside vendor.
9.4.1.610.4.1.6Reasonable
cameraredacting, altering, distorting, pixelatins4, suppressing, or
otherwise obscuring any portion of the body worn
recording, as authorized by RCW 42.56.240(14)(t),
production.effect now or as amended in the future. 4 A deposit of the
estimated cost of redacting bod
�y worn video footage may be
required prior to
. 10.4.2 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;
n, ^-.2410.4.2.1Notifies 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..2.2Provides 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.
10.4.4 Jefferson County may enter into any contract, memorandum of
understanding, or other arrangement with a requestor that provides an
a This charge is authorized by RCW 42.56.240(14)(f)(i) ("A law enforcement or corrections aaenev resnondina to a
request to disclose body worn camera recordings may require any requester not listed in (e) of this subsection to may
the reasonable costs of redacting, altering, distorting, Pixelatina, suppressing, or otherwise obscuring anv portion of
the body worn camera recording prior to disclosure only to the extent necessary to comply with the exemptions in this
chapter or any pplicable law.") But it is limited by RCW 42.56.240(f)(ii) ("An agency that charges redaction costs
under this subsection (14)jfl must use redaction technologyprovides the least costly commercially available
method of redacting body worn camera recordings, to the extent possible and reasonable."). Staff believes that the
software that the Sheriff's Office will use to redact bodv worn camera recordings satisfies the reauirement in RCW
Jefferson County Public Records Act Compliance Policy Page 34 of 38
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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 4.2_:_56_...12"0, 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 42.56.1� 20 as presently enacted or as may be amended
...................................................I
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 requester prior to deeming a request abandoned and
closed.
11.0 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.
11.1.1 Statutory Requirements and Best Practices.
11.1.2 The provisions of federal and state law control, if there is any conflict with
this Policy.
11.1.3 This Policy includes both statutory requirements and best practices.
Jefferson County Public Records Act Compliance Policy Page 35 of 38
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11.1.4 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.
11.2 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.
11.3 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.
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 40.14 RCW
Chapter 42.56 RCW
RCW 5.60.060(2)
RCW 36.27.020
RCW 40.1.26
Jefferson County Public Records Act Compliance Policy Page 36 of 38
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RCW 42.56.010(2)
RCW 42.56.010(3)
RCW 42.56.010(4)
NOUTZMWduff
RCW 42.56.050
RCW 42.56.070
RCW 42.56.070(4)
RCW 42.56.070(8)
RCW 42.56.080(1)
RCW 42.56.080(3)
RCW 46.56.100
RCW 42.56.120
MNBImggmm
RCW 42.56.240(1)
RCW 42.56.240(2)
RCW 42.56.240(5)
RCW 42.56.240(14)
RCW 42.56.240(14)(t)
RCW 42.56.240(g)(1)
RCW 42.56.250(3)
RCW 42.56.270(1)
fZAMEN i�71]
Jefferson County Public Records Act Compliance Policy Page 37 of 38
RCW 42.56.580
Adopted by Resolution No. 21-18 on May , 2018, as amended by Resolution
No. 68-21 on the November 22, 2021, and as amended by Resolution No. on the
ay of February, 2022.
tJefferson County Public Records Act Compliance
Pfoposed-Public Records Request Cost Schedule:
Page 38 of 38
Public Records Request Cost Schedule
Customized
Electronic Access
Service:
Actual cost
Customized Electronic Access Service Charge (in addition to fees for
copies — see copying fees below).
Body Worn
Camera
ecor
Reasonable cost,
Redactimz, altering, distorting, pixelatin , suppressing, or otherwise
obscuring any portion of the body worn camera recording as authorized
including the cost of
staff time spent
by RCW 42.56.240(f), as in effect now or as amended in the future.
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.
attachment
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 naay be combined to the extent that snore than one type of charge applies
to copies responsive to a request. Pursuant to RCW 42.5. 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.
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 ORDINANCE NO.
Appendix Fee Schedules to the Jefferson
County Code to Prepare for the Upcoming
Deployment of Body Worn Cameras
WHEREAS, Chapter .42_0__6 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), as amended by Resolution 68-21 on November 22, 2021; and,
WHEREAS, the Jefferson County Sheriff's Office will deploy body worn cameras in the
coming months; and,
WHEREAS, the Public Records Act requires significant work to redact body worn camera
footage before it can be produced in response to a Public Records Act request; and,
WHEREAS, the Legislature authorized recovery for the reasonable costs of the significant
work to redact body worn camera footage before it can be produced in response to a Public Records
Act request, but requires that the County approve the charges locally; and,
NOW, THEREFORE, the County Commissioners of Jefferson County resolve that the
Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County
Code should be modified as in ATTACHMENT "A" to this Ordinance.
Section 1. Amending JCC ............... 2 ...0Z0 a and � jj:::O_�_0, the Public Records Request Cost
Schedule in the Appendix Fee Schedules to the Jefferson County Code. The changes identified in
ATTACHMENT "A" to this Ordinance are hereby adopted.
Section 2. Findings. The County Commissioners hereby adopt the above recitals (the
"WHEREAS" statements) as its findings of fact in support of this Ordinance.
Section 3. Severabili1y. 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 12022.
JEFFERSON COUNTY BOARD
ATTEST:
Carolyn Galloway Date
Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
COMMISSIONERS
Heidi Eisenhour, Chair
Kate Dean, Member
Greg Brotherton, Member
Cold
2
ATTACHMENT A
Public Records Request Cost Schedule:
Public Records Request Cost Schedule
Customized
Electronic Access
Service•
Actual cost
Customized Electronic Access Service Charge (in addition to fees for
copies — see copying fees below).
Body Worn
Camera
Recordi=.
Reasonable cost,
Redactina, altering, distortinR, oixelatinv, suppressing, or otherwise
obscuring any portion of the body worn camera recording, as authorized
including the cost of
staff time spent
by RCW 42..5.6.240(D,...as in effect now or as amended in the future.
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.
attachment
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 ordeliverycharges.
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_R,CW.
For any individual request, total costs up to and including $2.00 shall be waived.