HomeMy WebLinkAboutLog213
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August 27,2004
Mickey Gendler
Gendler & Mann, LLP
1424 Fourth Avenue, Suite 1015
Seattle, W A 98101
Juelanne Dalzell
JEFFERSON COUNTY PROSECUTING ATTORNEY
Courthouse - P.O. Box 1220
Port Townsend, Washington 98368
Telephone (360) 385-9180 FAX (360) 385-0073
David W. Alvarez, Deputy Prosecutor
Tracey L. Lassus, Deputy Prosecutor
John Raymond, Deputy Prosecutor
D. Geral Barnhart, Deputy Prosecutor
Lianne Perron-Kossow, Victim Witness Advocate
Re: Public Records request dated August 23, 2004.
Dear Mr. Gendler:
Your office sent two letters dated August 23,2004. Both letters indicated that you
were making a continuing, prospective request for public records, specifically the one
page letter asked for communications from July 1, 2004 into the future and your two page
letter asked that you be copied on correspondence (e-mail, facsimile, paper) "from this
point forward." Copies of those letters are attached.
The Public Disclosure Act requires that any local government make public records
available for public inspection and copying. See RCW 42.17.260 and RCW 42.17.270.
County records are made available for inspection and copying once they are created. You
(or someone on your behalf) are welcome to make an appointment to review specified
identifiable records at our offices during normal business hours. We will also mail you
identifiable public records with a voucher for payment in the amount of 15 cents per page
plus postage.
However, under RCW 42.17.270 public agencies are required only to honor
requests for "identifiable pubic records". Until documents are created or arrive at a
County office (if an applicant sends them in) they are neither in ''writing,'' nor an
"identifiable record" and thus are not "public records," as that term of art is defined at
RCW 42.17.020(36). Put another way, a record generated or received on September 23,
2004, for example, did not exist at the time of your request dated August 23, 2004. Thus,
at the time of any prospective request (including yours) there can be no documents in
existence that would be responsive to anyone's request for future records.
LOG ITEM
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In light of the above, your August 23, 2004 letters will be and are being treated as
requests for public records in existence as of that date. Various county departments will
either offer you the opportunity to review the responsive documents at County offices or
will send you copies with a voucher for payment at the rate of $.15 per page. Ahead of
this letter I sent you responsive documents totaling 85 pages.
You are, of course, free to renew your public records request (or make any other
request) in writing in the future.
Any future public records request that is prospective or perpetual in nature will not
be responded to in that manner. Instead, the County's response to such a request will
provide you with responsive and non-exempt documents in existence on or BEFORE the
date of that particular request.
Similar letters are being sent to PLA, Mr. Powers and Mr. Loomis, all of whom
have also made prospective or perpetual public records requests.
Very truly yours,
~
David Alvarez
Chief Civil Deputy Prosecuting Attorney
Enclosure
Cc: Bert Loomis (w/o Ene.)
Les Powers (w/o Ene.)
Marco de Sa e Silva, attorney for PLA (w/o Ene.)
Greg McCarry, PLA (w/o Ene.)
County Commission (w/Enc.)
John Fischbach, County Administrator (w/o Ene.)
Lorna Delaney, Clerk to the BoCC (w/Enc.)
Al Scalf, DCD Director (w/o Ene.)
'.III€D (w/o Ene.)
RoseAnn Carroll, DCD (w/Enc.)
Lt)G ITEM
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