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HomeMy WebLinkAbout117 97 ,.or!: f+(¿ ~f-ts. I D. oL ~,q7 STATE OF WASHINGTON County of Jefferson In the Matter of Establishing a Jefferson County Records Access Policy } } } RESOLUTION NO. 117-97 WHEREAS, RCW 42.17, The Washington State Public Disclosure Act requires that public agencies publish rules to make available for public inspection and copying all public records, unless the record falls within a specific exemptions; and WHEREAS, in order to comply with this section of the Washington State Public Disclosure Act and to ensure uniform response by all County Department to requests for public records the Jefferson County Records Access Policy has been drafted. NOW, THEREFORE, BE IT RESOL VED that the JEFFERSON COUNTY RECORDS ACCESS POLICY defined in Attachment A is hereby adopted by the Board of Jefferson County Commissioners to govern the response to requests for public records in all Jefferson County Departments and Offices. AP PRO VED AND ADOPTED this lJA.y of oJ- 19!J,j :-, SEAL: ATTEST: y'iÆ {[. 11Þc~/ Lorna Delaney, CMC / Clerk ofthe Board i, , VOI~ n , 7 /~// /' 1/ </. ¡:;; len Huntingford, 23 y: 828 1.0 2.0 3.0 4.0 5.0 SUBJECT TITLE: Jefferson County Records Access Policy 1.1 EFFECTIVE DATE: Upon Approval. 1.2 TYPE OF ACTION: New 1.3 KEYWORDS: (1) Records; (2) Access; (3) Request; (4) Copies; (5) Exemptions. PURPOSE: 2.1 To establish a uniform countywide policy for responding to requests for public records under the provisions of the Washington State Public Disclosure Act (RCW 42.17). ORGANIZATIONS AFFECTED: 3.1 All Jefferson County Offices and Departments. REFERENCES: 4.1 Revised Code of Washington (RCW) 42.17.250 to 42.17.348 DEFINITIONS: 5.1 6.0 POLICY: 6.1 6.2 6.3 The term "public records" shall include any paper, correspondence, completed form, bound record book, photograph, film, sound recording, map drawing, machine-readable material, or other document, regardless of physical form or characteristics, and including such copies thereof, that have been made by or received by any office or department of Jefferson County in connection with the transaction of public business. Posting of Rules and Procedures Each county office and department shall prominently display and make available for inspection and copying for guidance of the public policies, procedures and the standard process for requesting records. Indexes Available to Public Offices and departments shall make available for public inspection and copying all indexes to public records maintained for agency lise. Exempt Records Offices and departments will exempt from public inspection and copying those records listed in Chapter 42.17.310 of the Revised Code of Washington as it currently exists and as amended hereafter. r VO,~ 23 ',~~,829 6.4 6.5 6.6 The exemptions of RCW 42.17.310 shall not apply if the disclosure of information which would violate a personal privacy or vital government interest can be deleted from the specific records sought. No exemption shall be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons. Responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the records withheld. Disclosure Prohibited by Other Statutes Offices and departments shall not be required to pennit public inspection and copying of any record to the extent public disclosure of the record is prohibited, restricted or limited by state or federal statute or regulation. Offices and departments will be responsible for identifying such statutes or regulations as apply to the records in their possession. Digital Data Not to be Released Digital data which could be altered or manipulated after release shall not be released under the provisions of this policy. Disclosure of digital data shall be addressed in a separate policy. Procedure for Inspection or Copying Offices and departments shall make public records available for public inspection and copying during customary office hours. Persons wishing to inspect or copy records should make such request to the office which maintains the records in question. If the requester does not know in which office such records are maintained, the request shall be made at the office of the Board of County Commissioners. Facilities shall be made available for the copying of public records except when this would unreasonably disrupt nonnal department or office operations. Requests received by mail for identifiable public records shall be honored, subject to the provisions of this policy. No distinction shall be made among persons requesting records, and such persons shall not be required to provide information as to the purpose of the request except to establish: (1) whether inspection and copying would violate the provisions of RCW 42.17 prohibiting agencies from giving, selling or providing access to lists of individuals requested for commercial purposes; or (2) whether the request would violate any other statute which exempts or prohibits disclosure of specific information or records to certain persons. In compliance with RCW 42.17.260 (9) offices and departments shall not give, sell or provide access to lists of individuals for commercial purposes unless specifically authorized or directed by law. YOI- 23 '~~;"830 6.7 6.8 6.9 Protection of Public Records Offices and departments shall adoptand enforce reasonable rules to protect public records from damage and disorganization, and to prevent excessive interference with their other essential functions. Such rules and regulations shall provide for the fullest assistance to inquirers. Questions regarding such rules should be directed to the Prosecuting Attorney. Responses to Requests 6.8.1 Time limits Within five business days of receiving a request for a public record, a response must be made by either (1) providing the record; (2) acknowledging that the request has been received and providing a reasonable estimate of the time required to respond to the request; or (3) denying the request. Additional time required to respond to a request may be based on the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or 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. 6.8.2 Written Requests In order to efficiently comply with requests and to assure a record of compliance, the County reserves the right to require that requests be made in writing. Should it appear that the record requested is or may be exempt from disclosure in whole or in part, a written request will be required. 6.8.3 Clarification of Requests In the case of a public record request that is unclear, the requester may be asked to clarify what information is being sought. If the requester fails to clarify the request, a response need not be made. 6.8.4 Notification of affected parties Offices and departments have the option of notifying affected persons or agencies of requests to whom a requested record specifically pertains and, in some instances, may be required by law to provide such notice. Denials 6.9. 1 Written Statement Denials of requests for public records must be accompanied by a written statement of the specific reasons therefor. ~ VOL 23 :Acr831 6.9.2 Review of Denials Should a request for inspection or copying of public records be denied, the written request and the written statement of the reasons for the denial may be forwarded to the Jefferson County Prosecuting Attorney for review. The prosecutor's review shall be completed within two business days following the denial and shall constitute the County's final action for the purposes of judicial review. 6.10 Fees No fee shall be charged for the inspection of public records. Charges for providing copies of records shall not exceed the amount necessary to recoup the actual costs incident to such copying. Offices not computing actual copy costs may charge up to 15 cents per copy. Some public records have copy charges established by state law and said records are exempt from the fee provisions of this policy. VOL 23 .r~G,832 Routine Request with no reason to consider denial? -- 0 ,- N W ]. ,."' Tl ~ C...:J Release Requested Information ! Immediately I Fill out one forward Request Request Form for Form to each identifiable ~ Department Head public record. or designee for consideration /~ / / /' ~ ~.... NO':" ) ~ /l // "- .// ""-~ /.. "- / Department has ~ /' 5 business days ""- ~ to make a / ~""- response. / ~ // "y r /~ ~ (' Approve \ ~ Request) J Letter to requester with an estimate of the time needed to make response to request. Deny Request Acknowledge request and. estimate time for I response (' Forward Request Form and copy of Written Denial to Prosecuting Attorney for review. PA review will be completed within 2 business days. Prosecuting Attorney advises Department to release records. I I Mail written denial, including reasons for full or partial denial, to requester.