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Home My WebLink About02 0228 22 Cc --- - a -art a-a- So 1P\ 1 4" STATE OF WASHINGTON '' County of Jefferson n the Matter of Amending Jefferson County Code Section 2.25.020(4) and the Public Records Request Cost Schedule in the ORDINANCE NO. 02 0 228 22 Appendix Fee Schedules to the Jefferson County Code to Prepare for the Upcoming Deployment of Body Worn Cameras WHEREAS,Chapter 42.56 RCW,the Washington Public Records Act requires that public agencies publish rules to provide public access to public records; and, WHEREAS, in furtherance of the requirements of Chapter 42.56 RCW, Jefferson County adopted Resolution 21-18 on May 29, 2018, which adopted the Jefferson County Public Records Act Compliance Policy(Policy), 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, 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 2.25.020(4)(a) and V111-010, the Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County Code. The changes identified in ATTACHMENT"A"to this 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. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid,then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 4. SEPA Compliance. This Ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 5. Effective Date. This Ordinance is effective immediately upon adoption. 1 4 7... APPROVED and ADOPTED this 0 day of , 2022. JEFFE SON COUNTY BOARD OF CO ISSIONERS Heidi isenh ,Chair ATTEST; Kate 0 ean e er t/etyln 64/1004( 7/eY4Z arolyn Gal&way mate Greg Br. herton,Member Clerk of the Board Approved as to form only: Philip C. Hunsucker ate Chief Civil Deputy Prosecuting Attorney 2 ATTACHMENT A Public Records Request Cost Schedule: ° E 3 y +�a• t f. d 9 71■s .4�i a � f 'f•t r. �" "5 fr *'" fi #r '`:',rz,,,. s ^s ,, ,.:, 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: Actual cost, Redacting' altering, distorting, pixelating, suppressing, or otherwise including the su pp g, reasonable 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". l i Y + 1¢ '.r ,,,r rXs`".✓ ,1f,� �u r ?- „ + , ' �i fv ix t;;�N/S�?�'t�'"'i 4 x t� _ r f l k kirg ar yh qfr ✓ y • ;- ro '. a 1C4 v 7k r/ ryt*r-,✓+''�� s �s�.c ti . ,,.,,...,. _,,....v..r ,,,,,. s.^'..z'".r..•�/G�t'.,5',!',,,.,rs,., .3.:E,vY<P.:." /�./.3.d;.2 For any individual request, total costs up to and including $2.00 shall be waived. 3 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 '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.S 6. 4O(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 DRAFT 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 42.56 RCW,the Washington Public Records Act requires that public agencies publish rules to provide public access to public records; and, WHEREAS, in furtherance of the requirements of Chapter 42.56 RCW, Jefferson County adopted Resolution 21-18 on May 29, 2018, which adopted the Jefferson County Public Records Act Compliance Policy (Policy), 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, 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 2.25.020(4)(a) and V111-010, the Public Records Request Cost Schedule in the Appendix Fee Schedules to the Jefferson County Code. The changes identified in ATTACHMENT"A"to this 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. Severability. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person or circumstances is held invalid,then the remainder of this Ordinance or application of its provisions to other persons or circumstances shall remain valid and unaffected. Section 4. SEPA Compliance. This Ordinance is categorically exempt from the State Environmental Policy Act under WAC 197-11-800(19). Section 5. Effective Date. This Ordinance is effective immediately upon adoption. 1 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 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 Recordin 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". I 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 A( `l__ r 2 )1'i 1_y ;; 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. 3