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HomeMy WebLinkAbout022822ra02 Regular 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 28, 2022 RE: Adoption of a Resolution amending the Jefferson County Public Records Act Compliance Policy. Adoption of an Ordinance amending the Jefferson County Public Records Request Cost Schedule. STATEMENT OF ISSUE: 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. The Board of County Commissioners approved a hearing notice for a hearing on February 28, 2022. 1 Regular Agenda 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 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: 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. 2 Regular Agenda DEPARTMENT CONTACTS: Ken Hugoniot, Public Records Administrator at Extension 174. REVIEWED BY: a2/2 5A ;2- Mark McCa y, Interim County Adnninistr or Date 3 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 RESOLUTION NO. Body Worn Cameras; (2)Remove Section 9.0, which is Unenforceable; and, (3) Correct or Clarify the Policy WHEREAS,Chapter 42.St>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_5 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 Sheriffs 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 1 held invalid,then the remainder of this Resolution or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 4. SEPA Compliance. This Resolution is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). 1. Section 5.Effective Date. This Resolution is effective immediately upon adoption. (SIGNATURES FOLLOW ON NEXT PAGE) 2 APPROVED and ADOPTED this day of , 2022. JEFFERSON COUNTY BOARD OF COMMISSIONERS Heidi Eisenhour,Chair ATTEST: Kate Dean,Member Carolyn Galloway Date Greg Brotherton, Member Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney 3 ATTACHMENT A SON0 ,(04c?N- O �S O IN G(C 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]) 1� �.r Jefferson 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 K !!/ Jefferson 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 4 Jefferson County Public Records Act Compliance Policy Page 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 K II ,:: Jefferson County Public Records Act Compliance Policy Page 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 4fr _ jv, Jefferson County Public Records Act Compliance Policy Page 6 of 38 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 12.56.O 3O. Jefferson County adopts this Policy to comply with Chapter 42.56 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. 2.2 Body Worn Camera Recording: "Body worn camera recording" means "body worn camera recording" as defined in RCW 42.56.240(g)(1), as in effect now or as amended in the future. 2.22.3 Bot Request: "Bot request" means "Bot request" as defined in RCW 42.56.080(3), as in effect now or as amended in the future. 2.32.4 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 ` (r' Jefferson County Public Records Act Compliance Policy Page 7 of 38 assistance in processing records requestsj,ursuant to the Public Records Act and this Policy. 2.52.6 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 Courtscourts. Access to court records is governed by the Washington Courts' General Rule 3.1 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. 2.72.8 Disclosure: "Disclosure"of a Record means notifying a Requestor of the existence of a Record, in contrast with "Production" of a Record. 2.82.9 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 42 070, 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). 242.10Failure 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. 2 4f 2.1 1 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. ` ( (. �!1 Jefferson County Public Records Act Compliance Policy Page 8 of 38 2.1 12.12 Fullest Assistance: "Fullest assistance" means Jefferson County's obligation to provide fullest assistance to all requestors, consistent with and as limited by RCW 46.So.I uU 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. 2.122.13 Human Resources: "Human Resources" means the Human Resources Officer of Jefferson County. 2.132.14 Jefferson County: "Jefferson County" means Jefferson County, Washington. As used in this Policy, Jefferson County refers all county departments, their divisions, and subdivisions. 2.142.15 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. 2.152.16 Person in Interest: "Person in Interest" means "Person in interest" as defined in RCW 12.Sh.0I 0(2), as in effect now or as amended in the future. 2,1-62.17 Policy: "Policy"means this Jefferson County Public Records Act Compliance Policy. 2.172.18 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." ,:\"lid ��i Fes'`' Jefferson County Public Records Act Compliance Policy Page 9 of 38 2482.19 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. l-92.20 Public Records Officer: "Public Records Officer" means the person who is appointed as Public Records Officer for Jefferson County pursuant to RCW 42.56.580. 2,2432.21 Record: "Record" means "Public Record", "Public record" as defined in RCW 1 '36 (f10( i 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 4 Page 10 of 38 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 42_56.010(4), 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 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 42.56 RCW. 3.1.2 It is the policy of Jefferson County to provide fullest assistance to requestors and the most timelytimeliest, 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 12.>() 070(8), RCW t?_5().2 I ( I 4), 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. `ti�l\ �. ,_ Jefferson County Public Records Act Compliance Policy4311 Page 12 of 38 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 42.56.070(4),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. /J i., Jefferson County Public Records Act Compliance Policy Page 13 of 38 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.'56.S8O. 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 ,12.'() '380, 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 12.56 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; 4.1.5.8 Along with the Jefferson County Prosecuting Attorney's Office, disseminate legal updates and policy changes affecting records requests; Jefferson County Public Records Act Compliance Policy Page 14 of 38 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 ft I 1 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 4ft l 4 RCW. 4.2 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. 4.3 Records Liaisons and Backup 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. 2 sk.,,, ,oe Jefferson 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 1(),I 1 ()2(), ......_._._.__._..__....... 4.4 Training and 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. tirr /i Jefferson County Public Records Act Compliance Policy Page 16 of 38 5.2 Fair Notice of Records Request. 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 4 2.5( ()KUt 1 j, 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. / / Jefferson County Public Records Act Compliance Policy Page 17 of 38 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 4U.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 42.Sh 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 42.56.080(l). 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. Jefferson County Public Records Act Compliance Policy Page 18 of 38 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 4U.14 RCW. 6.3.2 Staff shall respond promptly to requests for records in accordance with the requirements of RCW 42.5h.52U 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 interne,then Jefferson County shall provide copies of the record or allow the requestor to view copies using a Jefferson County computer. Jefferson County Public Records Act Compliance Policy Page 19 of 38 1Syiti'SSi i6.4.3 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 2= Jefferson County Public Records Act Compliance Policy Page 20 of 38 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. F*' Jefferson County Public Records Act Compliance Policy Page 21 of 38 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 ter (r!. Jefferson County Public Records Act Compliance Policy Page 22 of 38 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: 0 Jefferson County Public Records Act Compliance Policy Page 23 of 38 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 42.56.210. 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 w 4 Jefferson County Public Records Act Compliance Policy Page 24 of 38 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_SO 21O, the requestor shall be provided, in writing, a brief 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 12562;0(;) and RCW 12S6.250(')); 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 12.>(>1 O); 4 Jefferson County Public Records Act Compliance Policy Page 25 of 38 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 42.56.24(1(1)); 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 42.56.230(3)and RCW 12.56.050). 6.18.1.5 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 42.56.240(1)) 6.18.1.6 Identifying information of victims or witnesses of crimes under certain circumstances (RCW 42.56.240(2) and (s)); 6.18.1.7 Records created in anticipation of litigation (RCW 42.56.290); 6.18.1.8 Records reflecting communications between attorneys and Jefferson County employees where legal advice is sought or received(RCW 5 60.060(2)); 6.18.1.9 Records that are protected by trade secrets law (RCW 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 42.56.270(I )). 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. Jefferson County Public Records Act Compliance Policy Page 26 of 38 6.19.2 Requestors may arrangemal 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. till rje Jefferson County Public Records Act Compliance Policy Page 27 of 38 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 42.56.O71)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. 4, ,_ Jefferson County Public Records Act Compliance Policy Page 28 of 38 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; (j) 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 2 Jefferson County Public Records Act Compliance Policy Page 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. 6.26 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 4t1.I 1 RCW, and shall be a record subject to production under Chapter 42.56 RCW. 6.26.3 The log may be created or maintained using collaborative records request management software. 6.27 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 I Jefferson County Public Records Act Compliance Policy Page 30 of 38 7.1 Retention of Public Records Request 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 Request 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 RCW 40.14.026. 9.0 Optional Request for Review1,2 A requestor may (but is not required to) request that the Public Records Act Officer or designee seek review by the Prosecuting Attorney or designee of any failure to provide responsive records in response to any public records act request. The Prosecuting Attorney or designee shall provide a response to the request for review within 10 business days, which shall be provided to the requestor by the Public Records Officer or designee. 3 8.1 No Final Decision Until Review Under this Section. An.,. (a) failure t„ p ,ide ., 0ordb) f i; ( lure t„ p id we 00 ption log• (c) failure provide a reasonable estimate for providing a record; (d)or, failure to assess Footnotes will be removed in adopted version of this policy. An optional review provision has been added to give requestors a chance to appeal decisions within the County, instead of filing a lawsuit. 3 A Washington Supreme Court decision invalidated San Juan County's similar provision. That case makes this section unenforceable. The section should be removed. 2 Jefferson County Public Records Act Compliance Policy Page 31 of 38 a reasonable charge for a record becomes final only after review is completed under Section 9. No lawsuit to review the action taken,compel the production of a record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted. 8.2 Petition for Review. Any person who objects to any action described , prompt review of such action by submitting a written petition for review to the Jefferson County Prosecuting Attorney's Office and the Public Records Officer. 8.3 Deadline for to Affirm or Reverse, After Petition for Review. The Jefferson County Prosecuting Attorney's Office shall consider the petition for review and shall either reverse or affirm the denial within two (2) business days of receipt of the petition for review. The two business day response period begins on County and the requcstor may mutually agree to a longer period for consideration of a petition for review. 8.1 Effect of Reversal Based on Petition for Review. If the decision is reversed, the Public Records Officer or designee shall make the subject records available to the requcstor for inspection in accordance with the 8.5 Final Decision, If Affirmed. If the Jefferson County Prosecuting Attorney's Office affirms the decision, the decision shall be considered Jefferson County's final action for the purposes of judicial review. Administrative remedies shall not be considered exhausted until the Jefferson County Prosecuting Attorney's Office has made a written decision, or until the close of the second business day following receipt of the written petition for review, whichever occurs first. 110.0 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. �i• - Jefferson County Public Records Act Compliance Policy Page 32 of 38 4r110.1 Inspection 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. 9.310.3 Statutory Basis. Fees for the provision of responsive records will be in accordance with RCW 42.56.120. 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 56 l 20 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. 9.1.110.4.1 Jefferson County will charge the actual cost for the following: 9.1.1.1 10.4.1.1 Digital storage media or device provided by Jefferson County; 9.4.1.210.4.1.2Containers or envelopes used to mail copies to the requestor; 9.4.1.310.4.1.3Any postage or delivery charge; 9.1.1.410.4.1.4Photocopies, printed copies of electronic records on paper sizes larger than 8.5"x 14"; 9.1.1.510.4.1.5Costs of outside vendors for large-scale requests and odd- sized or larger color copies, if Jefferson County: 9.4.1.5.1 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 2 Jefferson County Public Records Act Compliance Policy Page 33 of 38 ,,,„,..,..,,- necessary and a reasonable estimate of the charge; and, 9.1.1.5.210.4.1.5.2 Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor. 9.1.1.610.4.1.6Reasonable costs, including the cost of staff time spent, for redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring any portion of the body worn camera recording, as authorized by RCW 42.56.240(14)(f), as in effect now or as amended in the future.' A deposit of the estimated cost of redacting body worn video footage may be required prior to production. 9,4z 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; 9.4.2.1 l 0.4.2.l Notifies the requestor of the Customized Electronic Access Service Charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge; and, 9.1.2.210.4.2.2Provides 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 4 This charge is authorized by RCW 42.56.240(14)(f)(i)("A law enforcement or corrections agency responding to a request to disclose body worn camera recordings may require any requester not listed in(e)of this subsection to pay the reasonable costs of redacting,altering, distorting, pixelating, suppressing,or otherwise obscuring any 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 applicable law.") But it is limited by RCW 42.56.240(f)(ii)("An agency that charges redaction costs under this subsection (14)(f) must use redaction technology that provides 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 body worn camera recordings satisfies the requirement in RCW 42.56.240(f)(ii). ,. ,r, ,e, ,,_ Jefferson County Public Records Act Compliance Policy40 Page 34 of 38 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 42.56.120 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 12.50.120 as presently enacted or as may be amended 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 requestor 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 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 19.108 RC W Chapter 40.14 RCW Chapter 42.56 RCW RCW 5.60.060(2) RCW 36.27.020 RCW 40.14.026 • Jefferson County Public Records Act Compliance Policy Page 36 of 38 RCW 42.56.010(2) RCW 42.56.010(3) RCW 42.56.010(41 RCW 42.56.030 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 RCW 42.56.210 RCW 42.56.230(3) 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)(f) RCW 42.56.240(g)(l) RCW 42.56.250(3) RCW 42.56.270(1) RCW 42.56.280 RCW 42.56.290 RCW 42.56.520 ( !/ Jefferson County Public Records Act Compliance Policy Page 37 of 38 , RCW 42.56.580 Washington State Local Government Common Records Retention Schedule (CORE) Adopted by Resolution No. 21-18 on 94'-date-o May 29,2018,as amended by Resolution No. 68-21 on the November 22, 2021, and as amended by Resolution No. on the day of February,2022. i Jefferson County Public Records Act Compliance Policy Page 38 of 38 Proposed-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 Recording: Reasonable cost, Redacting, altering, distorting, pixelating, suppressing, or otherwise including the cost of obscuring any portion of the body worn camera recording, as authorized 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". 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 . the costs listed above do not supersede any fees for copying public records authorized by other statutory provisions, other than For any individual request, total costs up to and including $2.00 shall be waived.