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HomeMy WebLinkAbout021422cabs01 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley,Interim County Administrator FROM: Philip Hunsucker,Chief Civil Deputy Prosecuting Attorney Ken Hugoniot,Public Records Administrator DATE: February 14,2022 SUBJECT: WORKSHOP re: Public Records Policy Change and Public Records Fees re: Body-Worn Video STATEMENT OF ISSUE: In anticipation of a hearing set for Monday, February 28, 2022, staff will brief the Board of Commissioners regarding a resolution amending the Jefferson County Public Records Act Compliance Policy (the Policy) adopted by Resolution 21-18, as amended by Resolution 68-21. The resolution contemplates: (1) Changes to the Policy necessary to prepare for the upcoming deployment of body worn cameras by the Jefferson County Sheriff's Office; (2) Replacement of 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) Edits that correct errors or clarify language in the Policy. Staff will also brief the Board of Commissioners regarding 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. ANALYSIS: Changes Needed to Deploy Body 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: After a brief staff presentation the Board of Commissioners should reply to staff with any questions, comments,problems, or changes they may propose. REVIEWED BY: rei , ., // 0,2/d©/2-2-- M k McCauley I erim County Administr. Date ` i