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HomeMy WebLinkAbouttraining & guidlines helps Brenda Huntingford From: Philip Hunsucker Sent: Thursday,May 16,2019 1:06 PM To: Brenda Huntingford Subject: RE:Open Public Meetings Act-ATTORNEY-CLIENT COMMUNICATION Brenda: Two questions: 1. Is the BoCC required to consider the advice of the committee before taking any action? 2. Is there ever a chance that two or more commissioners would attend a committee meeting? If the answer to each of these questions is "no," then the committee does not need to comply with the Open Public Meetings Act. Philip Philip C. Hunsucker J J Chief Civil Deputy Prosecuting Attorney .�='- -`' Jefferson County Prosecuting Attorney's Office P.O. Box 1220, Port Townsend,WA 98368 Ph: 360-385-9219 (direct) Fax: 360-385-0073 All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act, a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy(or for inspection)of this e-mail unless it is also exempt from production to the requester according to state law, including RCW 42.56 and other state laws. From: Brenda Huntingford <BHuntingford@co.jefferson.wa.us> Sent: Thursday, May 16, 2019 12:47 PM To: Philip Hunsucker<PHunsucker@co.jefferson.wa.us> Cc: Charley Hough <CHough@co.jefferson.wa.us> Subject: Open Public Meetings Act Hi Phillip, I am the secretary of the Courthouse Safety Committee. Recently, Leslie Locke sent out a reminder about posting notifications regarding meetings that are subject to the Open Public Meetings Act. Attached is an email that was received back in 2009 regarding this subject. I just want to clarify that our Courthouse Safety Committee is still exempt from the Open Public Meeting Act. Please confirm this information is still correct. Thank you, Brener Heccrbtu g/)rc' Chief Deputy—Office Supervisor Jefferson County Auditor PO Box 563 (1820 Jefferson St) Port Townsend WA 98368 1 ., Commissioners Meeting Minutes: Week of December 21, 2009 Commissioner Johnson: • He participated in a teleconference of the Washington State Association of Counties(WSAC) Legislative Steering Committee meeting where it was discussed that making updates to Shoreline Management Programs may be extended from every 7 years to every 10 years. • Funding for the Puget Sound Partnership will be shifting from the state level to the federal level. Commissioner Sullivan: • Discussed the difference between the Water Resource Inventory Area(WRIA) 17 Planning Unit efforts and the Washington State Department of Ecology's efforts in developing an instream flow rule for the geographic area identified as the watershed for WRIA 17. County Administrator Philip Morley: • He has been looking into the coordination of public agencies and private organizations to try to enhance broadband availability and strengthen technology infrastructure to serve local communities and businesses as part of economic development. Coordination efforts with NOANet are underway in putting together a broadband grant application for stimulus funding. • In response to citizen comments he explained that: 1)He will review the issue brought up about oversight and enforcement of the business plans of Conservation Futures fund recipients; 2)The issue regarding electronic Commissioner packets will be reviewed by him further; 3) Individuals who speak during the public comment period are not identified in the minutes in an effort to focus on the substance of the comments as well as to create an environment where individuals feel free to comment; 4)He will follow up on the comments made about Courthouse security. Public Accessibility Improvement Plan:County Administrator Philip Morley explained that a plan has been developed to enhance government availability and improve public access. As part of this effort it is being proposed that the Commissioners conduct evening workshops in local communities throughout the County in order to get input from residents. The workshops are initially proposed to be held from 7:00-9:00 p.m. in the following areas: Chimacum/Port Hadlock, Port Ludlow, Port Townsend and Quilcene. The lack of dialogue during regular Commissioner meetings is frustrating for everyone and it is hoped that these community meetings will be more informal and allow dialogue with the citizens. If the meetings are found to be valuable then more meetings can be scheduled in other East Jefferson County communities as well as in the West end of the County. Another part of the plan is to initiate an electronic agenda packet beginning in January 2010. The Clerk of the Board has been working with Information Services staff to have the electronic agenda packets posted on the County's website where citizens will be able to use the interne to access, view and print the agenda items in advance of the Commissioner meetings. Clerk of the Board Lorna Delaney presented a draft electronic agenda showing the Board how it will work and stated that the format did not significantly change. It is anticipated to have the electronic agenda packet posted on the County's website by noon on the Friday before the Monday meeting. There are many software programs that are made to organize electronic agenda packets,however, the County cannot afford to do make that investment at this time due to budget constraints. This will not replace the Commissioner's paper packets, but be in addition to them. Page 3 Commissioners Meeting Minutes: Week of December 21,2009 , CAP Philip Morley stated that two changes to the agenda are being proposed beginning in January 2010. One is to no longer include copies of correspondence in the packets since it is not feasible to scan all correspondence due to the staff time it would take. Instead,the correspondence will be listed in a spreadsheet and a copy of the spreadsheet will be included in both the paper packets and the electronic agenda packets. In addition,he is proposing that only the correspondence sent to two or more Commissioners be included in the spreadsheet. The second change is to discontinue the scheduling of agenda items at specific times, with the exception of the public comment period, public hearings and special presentations. It is believed that this change will help to facilitate a more efficient flow of the meeting and allow better use of staff time. Also being researched is the possibility of video taping the regular Monday morning meetings of the Board and looking at technical options and costs to see if it is affordable for the County. Unanimously,the Board voted to approve the following: 1) That the County Administrator proceed with the scheduling of the proposed Special Meetings of the Board for the purpose of holding community outreach workshops. 2) That staff move forward on providing electronic packets beginning January 2010. 3) To eliminate specific scheduled times on the agenda except for the public comment period,public hearings and special presentations beginning January 2010. 4) To change the handling of correspondence beginning January 2010. Conservation Easement for Finnriver Farm and Brown Dairy Project Presentation: Environmental Health Supervisor Neil Harrington explained that the Board is being asked to sign a conservation easement for two projects: 1)Finnriver Farm; and 2)Brown Dairy. He introduced Keith and Crystie Kisler, the owners of Finnriver Farm to discuss the project. Mr. Kisler thanked the Board for their consideration of this easement which will protect forever the prime agricultural soils and important habitat around Chimacum Creek. It is important to them that this way of life and strong family culture remain strong in this community and that the lands continue to produce food for its citizens. Mrs. Kisler added that they feel deeply inspired and committed to insuring that this land is a community resource for everyone. The County can be assured that they will work very hard to make Finnriver Farm a vital and viable business that produces healthy food and jobs for Jefferson County, as well as a place that strives for ecological and agricultural balance and serves as a role model for sustainable living and business. They will continue to offer education and events that welcome everyone to experience, eat,learn and connect with this productive land. Finnriver Farm is part of our collective heritage and with this easement it is hoped that it can remain part of our collective future. Gloria Brown,the owner of Brown Dairy was unable to attend this meeting,but she wanted to also express her appreciation to the Board for their consideration of the easement for the Brown Dairy project. Page 4 DRAFT Jefferson County Public Accessibility Improvement Plan 1. Community Outreach Meetings. Rounds of 2-3 BOCC/Elected community meetings 3x/year = 7-9 mtgs/yr to hear from and dialogue directly with constituents. 2. Electronic Agenda Packets. Agenda packets and attachments posted on the County website weekly to give citizens expanded access to county business so they can give input Features: • Times set for Public Comment, Hearings and special items. For time efficiency, other items run in order continuously, without rigid times. • All packet items scanned and on web, usually by Friday @ noon [how long do they reside after mtg?] • Correspondence o Not scanned. Hard copy placed in notebook at front counter of CAO for public inspection for 1 week (starting when?). o Log kept in notebook. o Include all citizen/external communications to 2 or more members of the BOCC, and official document transmittals from County Departments and Elected officials. Routine interdepartmental communications and emails not included. 3. Video or audio tapes: In addition to official minutes already posted, County is exploring options for making video or audio recordings of BOCC meetings available to all citizens on the web; 4. Expanded Development Dialogue: Initiating quarterly meetings with development/realty/growth management interests to get input and have a dialogue about improvements to County's landuse and permit processing system. 5. Expanded input on Economic Development. ??? JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Philip Morley, County Administrator DATE: December 21,2009 RE: BoCC Community Outreach Meetings, Electronic Agenda Packets & Other Public Accessibility Improvements STATEMENT OF ISSUE: Staff presents for Board of County Commissioner(BoCC) consideration and approval a set of recommendations to enhance public access, input and involvement in Jefferson County government. ANALYSIS: Over the past six months,the Commissioners have discussed with staff their desire to enhance citizen access to Jefferson County, so that more people can engage in the civic affairs of their government. Even with severe financial and staffing resource constraints, significant public access and involvement improvements are possible, and are a high priority. First,to supplement and broaden the public input that the Commissioners already solicit during Regular Meetings of the BoCC, staff will present a draft schedule of four Community Outreach workshops to take place in January, February and March of 2010. These meetings would bring Jefferson County government to our dispersed communities, allowing citizens who may be unable to travel to the Courthouse to speak directly with their elected county representatives. Also, the meetings would be in the evening, making them more accessible to citizens who work during the day. The meetings would be geared towards soliciting and listening to public input about the County, and allow for a dialogue on issues in a more relaxed setting than regular BoCC meetings, since no formal Board action would be taken at these workshops. Other county elected officials and department directors would be welcome to attend at their discretion. Commissioner input on the concept and draft schedule of these meetings is requested. Second, at Board request, over the past several months the Clerk and Deputy Clerk of the Board have been working with Information Services staff to develop a plan for creating and posting on the County website an electronic BoCC Agenda Packet. Starting in January, citizens will be able use the internet to access, view and print BoCC agenda items in advance of BoCC meetings. FISCAL IMPACT: No direct impact from the proposed actions. The fiscal impact of posting video or sound recordings would be assessed at a later date. RECOMMENDATION: Staff recommends that the Board review, amend as appropriate, and give direction by motion on the proposed BoCC Community Outreach Meetings, Electronic Agenda Packets, and other public accessibility improvements. REVIEWED BY: County Administrator Date 3 d1G74y ,i0/n-7/ M iu1 , 1.84,�{ % Philip Morley SIN C0 1820 Jefferson Street ,4111 g 6 PO Box 1220 W a Port Townsend, WA 98368 ti „ FC �4 Sk NO( I TO: Board of County Commissioners FROM: Philip Morley,County Administrator DATE: October 20,2014 SUBJECT: County Employee Appointments to County Citizen Advisory Boards During the October 13,2014 afternoon session of the Board of County Commissioners,the two Commissioners present discussed the policy question of whether county employees should be allowed to serve on county citizen advisory boards in their capacity as private citizens. This memo seeks confirmation of the policy direction from the BoCC. No across-the-board prohibition nor allowance is being proposed regarding nominating or appointing county employees to serve on county advisory boards as private citizens. Rather, such nominations and • appointments should be considered on a case-by-case basis. Generally if a person is otherwise well qualified to serve on a board,and if their position as a county employee is unrelated to the subject of the advisory board,there would be no problem making the nomination or appointment. A nomination or appointment becomes more problematic when a person's position in the County is related to the subject of the advisory board. In such situations there is a heightened likelihood that the boundaries of speaking as an individual versus speaking in one's professional capacity might be blurred,conflicts between county departments might arise,or there may be an appearance issue to the public. Such conflict situations if clear,should be avoided,and if more marginal,a potential nomination should be considered with care,and might sometimes still be presented to the BoCC for their consideration. The BoCC would consider appointing county employees,who seek appointment as private citizens outside their work,on a case by case basis. In addition,before nominating a county employee to an advisory board that meets during the employee's regular work hours,prior permission for the employee to attend advisory board meetings must be obtained from the department head(which permission could be withheld). The employee would also need to adjust their work hours or use vacation/PTO for meeting times, again with the permission of their department. These policy directions do NOT apply to county employees who are nominated and appointed to county advisory boards IN their capacity as county staff or county officials. If the BoCC concurs with(or revises)the guidelines outlined above,the County Administrator will • prepare a memorandum outlining the guidelines and issue the memo to the appropriate departments. A BoCC motion concurring with or revising the above guidelines would be helpful in this regard. Phone (360) 385-9100 Fax(360) 385-9382 pmorley(a)co.jefferson.wa.us Commissioners Meeting Minutes of October 27, 2014 vendors, both in substance abuse prevention and treatment and in mental health treatment. The intention of implementing a one year allocation is to respect the needs of the service providers and to give them lead time rather than making an arbitrary decision now. It will give the vendors time to adjust operations, expectations and how they will be approaching delivering their services and requesting funding for 2016. Commissioner Sullivan noted that originally, it had been a strategic choice to build the reserve of the group in hopes that funding would be there for grants and unexpected things. The most unexpected thing was the recession which happened soon after. It has been planned to spend down those reserves to provide services for people who should have benefits throughout the future. Hopefully the work to support individuals with mental health and chemical dependency issues over the past few years has stabilized them and there will be less costs over time,and less human cost. Commissioner Sullivan stated that we have known the day is coming when the reserve that had been built up, is all spent. County Administrator Morley explained that funding for the Hargrove Committee is through a 1/10`" of 1% sales tax that is assessed County-wide. Commissioner Johnson moved to approve the 2015 Budget recommendations for Mental Health. Commissioner Sullivan seconded the motion which carried by a unanimous vote. The meeting was recessed at 9:47 a.m. and reconvened at 11:58 a.m. for the Quarterly Elected Officials/Department Directors lunch meeting with all three Commissioners present. The meeting was recessed at 1:10 p.m. and reconvened at 1:29 p.m. All three Commissioners were present for the afternoon session. DISCUSSION AND MOTION re: County Advisory Boards: County Administrator Philip Morley presented a memo dated October 20, 2014 outlining guidelines for County Advisory Board nominations and appointments to be considered on a case-by-base basis. After discussion, Commissioner Johnson moved to authorize the County Administrator to promulgate guidance on nominating and appointing County employees to County advisory boards as outlined in the memo dated October 20, 2014 and to distribute to County departments for implementation. Commissioner Sullivan seconded the motion. Chairman Austin noted that he does not wish to sabotage the ability to have good advisory boards. He called for a vote on the motion. The vote was unanimous. COUNTY ADMINISTRATOR BRIEFING SESSION: County Administrator Philip Morley reviewed the following with the Board. Calendar Coordination: • Chairman Austin and County Administrator Morley will be attending a Finance Committee meeting on October 28,2014. Page 4 Leslie Locke From: Leslie Locke Sent: Wednesday, July 09, 2014 10:50 AM To: Julie Shannon; Stacie Hoskins; Michael Dawson; Tami Pokorny; 'blhwood@sbcglobal.net'; Erin Lundgren; 'Meredith Wagner; 'Lowe, Cheryl B'; Laura Lewis; Matt Tyler; 'Anders Edgerton'; Richard Talbot; 'fordk@safeharborrecovery.org'; 'steve@s3solutions.biz'; 'laaseca@dshs.wa.gov'; 'info@peninsulapha.org'; 'Karl Hatton'; Anna McEnery; Denise Banker Cc: Philip Morley Subject: Open Government Training Act-Clarification Tracking: Recipient Delivery Read Julie Shannon Delivered:7/9/2014 10:51 AM Stacie Hoskins Delivered:7/9/2014 10:51 AM Michael Dawson Delivered: 7/9/2014 10:51 AM Read: 7/9/2014 10:53 AM Tami Pokorny Delivered: 7/9/2014 10:51 AM 'blhwood@sbcg lobal.net' Erin Lundgren Delivered: 7/9/2014 10:51 AM 'Meredith Wagner' 'Lowe,Cheryl B. Laura Lewis Matt Tyler Delivered: 7/9/2014 10:51 AM 'Anders Edgerton' Richard Talbot Delivered: 7/9/2014 10:51 AM Read: 7/9/2014 10:51 AM 'fordk@safeharborrecovery.org' 'steve@s3solutions.biz' laaseca@dshs.wa.gov' 'info@peninsulapha.org' 'Karl Hatton' Anna McEnery Delivered: 7/9/2014 10:51 AM Read:7/9/2014 10:51 AM Denise Banker Delivered: 7/9/2014 10:51 AM Read:7/9/2014 10:56 AM Philip Morley Delivered: 7/9/2014 10:51 AM Previously,you were sent an email regarding "Mandatory Training for Advisory Boards/Committees/Commissions." To clarify the requirements of this new law, please note that the act requires that non-elected (appointed) officials subject to its requirements (i.e. members of appointed governing bodies such as Planning Commissions, and public records officers) receive training no later than 90 days after assuming office or reappointment. The Act does not actually require appointed officials who, as of July 1, already occupy these positions to receive training right away. The Act requires "refresher training at intervals of no more than four years. Please notify your advisory board/committee/commission members that although, they are not required to take this training right away or during their current term of office/appointment, the Office of the Attorney General, strongly recommends that all persons occupying positions subject to this legislation receive training in these important laws. Upon reappointment, members will need to take the training within 90 days. Sorry for the inconvenience. Leslie Locke 360-385-9102 1 Ilocke@co.jefferson.wa.us 2 Explaining the Open Government Trainings Act I MRSC Insight Page 1 of 3 Explaining the Open Government Trainings Act Posted on April 16,2014by Bob Meinig Recognizing that,"whether due to error or ignorance,violations of the public records act and open public meetings act are very costly for state and local governments,"the Legislature enacted and the Governor signed ESB 5964(Laws of 2014,ch.66),named the"Open Government Trainings Act."This new law,effective on July 1, 2o14,mandates that persons filling certain state and local government offices and positions complete training regarding one or both of those two laws—and,for some,regarding records retention laws—within 90 days of assuming office or entering into their position.I would say that ESB 5964 is somewhat short on specifics,but, apparently,it was intended to be that way. The Attorney General's Office has issued a 2014 Open Government Trainings Act Guidance that comprehensively addresses the legislation's training requirements.This blog is not intended to duplicate that guidance,but rather is intended to alert you to the legislation's highlights.The AG's office has also created an extensive webpage on "Open Government Training,"an invaluable resource for state and local government officials subject to the new training requirements.It is also an excellent resource for the public to learn about open government laws. What offices and positions does the Open Government Trainings Act apply to? ESB 5964 applies to: ■ All members of the governing bodies of all public agencies in the state,or,in other words,all governing bodies to which the Open Public Meetings Act(OPMA)applies.See Section 2 of ESB 5964.This includes elected governing bodies such as city councils and boards of county commissioners and appointed governing bodies such as planning commissions,civil service commissions,and lodging tax advisory committees.Persons occupying these positions must be trained regarding the OPMA. ■ All local and state elected officials,including all persons appointed to fill vacancies in those offices.See Section 3 of ESB 5964.Persons occupying these positions must be trained regarding the Public Records Act(PRA)and chapter 40.14 RCW,regarding records retention. • All state and local public records officers and all state records management officers.See Section 5 of ESB 5964.Persons occupying these positions must be trained regarding the PRA and chapter 40.14 RCW, regarding records retention. What training is required by this Act? The exact training is not specified,other than what the training must address—the OPMA for members of state and local governing bodies,and the PRA and chapter 4o.14 RCW for state and local elected officials,public records officers,and state records management officers.The training"may be completed remotely with technology including but not limited to internet-based training." Who is to provide the training specified in this Act? As with what training is required,this legislation does not specify who may provide the required training.It does, however,state that training on the PRA may be provided by the Office of the Attorney General and must be consistent with the Attorney General's Model PRA Rules(ch.44-14 WAC).Even though not so stated,the Follow http://insight.mrsc.org/2014/04/16/explaining-the-open-government-training-act/ 7/9/2014 Explaining the Open Government Trainings Act I MRSC Insight Page 2 of 3 Attorney General's office may,of course,also provide training on the OPMA.The required training could be provided by state and local government agencies themselves,or,for example,by organizations such as the Association of Washington Cities,the Washington State Association of Counties,the Washington Cities Insurance Authority,or the Washington Association of Public Records Officers,all who already provide training to their members,or MRSC. When will the officials to whom this Act applies be required to take the training? The Act requires the training once the state and local elected officials are elected or are appointed to fill a vacant position.Elected officials will have 90 days after taking the oath of office(if an oath is required)or otherwise after assuming their duties of their position to take training. (The training may also be taken prior to assuming office.) So,although the Act will be effective on July l;of this year,it does not immediately require training by all elected officials seemingly affected by it.Current elected state and local officials serving four-year terms are not subject to the training requirements unless they are reelected. The Act requires that non-elected(appointed)officials subject to its requirements—e.g.,members of appointed governing bodies such as planning commissions,and public records officers—receive training no later than 90 days after assuming office.The Act does not actually require appointed officials who,as of July 1,already occupy these positions to receive training right away.The Act requires"refresher training"at intervals of no more than four years. However,we,as well as the Office of the Attorney General,strongly recommend that all persons occupying positions subject to this legislation nevertheless soon receive training in these important laws,even if not required to do so right away or during their current term of office.As stated in the AG's 2°14 Open Government Trainings Act Guidance: Training on the laws is a best practice,even if not specifically required by the Act.Education helps support transparency in government and reduces risk to agencies. And please refer to that Guidance for more detailed information about the Act's requirements. Share this: Twitter f Facebook t S Email *Like Be the first to like this. Related Open Government Training Resources and Reminder:Three Important Pieces of New MRSC Public Records Act and Open Opportunities Legislation Taking Effect Soon Public Meetings Act Project In"Best Practices" In"Legal" In"Open Meetings" Follow http://insight.mrsc.org/2014/04/16/explaining-the-open-government-training-act/ 7/9/2014 Explaining the Open Government Trainings Act I MRSC Insight Page 3 of 3 INAbout Bob Meinig Bob has written extensively on the state Open Public Meetings Act and on municipal incorporation and annexation.At MRSC,he has also advised local governments for over 24 years on diverse legal issues. View all posts by Bob Meinig This entry was posted in Legal,Open Meetings,Public Records.Bookmark the permalink. MRSC Insight Customized Twenty Ten Theme. Blog at WordPress.com, Follow http://insight.mrsc.org/2014/04/16/explaining-the-open-government-training-act/ 7/9/2014 Leslie Locke From: Tom Thiersch [thiersch-public@usregs.comj Sent: Tuesday, July 08, 2014 1:49 PM To: Philip Morley Cc: Leslie Locke; David Alvarez Subject: RE: Mandatory Training for Advisory Boards/Committees/Commissions Attachments: 5964.SL.pdf Mr. Morley, Ms. Locke's email (below) falsely states the mandates of the Open Government Training Act (OTGA) ["You have 90 days from July 1 to complete this training"]. I am extremely disappointed that you would allow your staff to be so misinformed and would permit them to send out directives such as this. The effective date of the legislation was July 1, 2014. A copy of the session law is attached. While I believe it was a major oversight on the part of the legislature to not require current office holders to take the training courses, that is simply not what the actual law says. By law, training is required within 90 days only for newly-elected/appointed officials. Current office holders are not obligated to complete any training until they are re-elected or re-appointed, or by July 2018 if they are still in office at that time (e.g., recently elected 6-year term office holders). For a more complete explanation of how the OGTA is interpreted by the Attorney General, you should review all of the information at http://insight.mrsc.orq/2014/04/16/explaining-the-open-government-training-act/ including this part: When will the officials to whom this Act applies be required to take the training? The Act requires the training once the state and local elected officials are elected or are appointed to fill a vacant position.Elected officials will have 90 days after taking the oath of office(if an oath is required)or otherwise after assuming their duties of their position to take training. (The training may also be taken prior to assuming office.) So,although the Act will be effective on July i of this year,it does not immediately require training by all elected officials seemingly affected by it.Current elected state and local officials serving four-year terms are not subject to the training requirements unless they are reelected. The Act requires that non-elected(appointed)officials subject to its requirements—e.g.,members of appointed governing bodies such as planning commissions,and public records officers—receive training no later than 90 days after assuming office.The Act does not actually require appointed officials who,as of July 1,already occupy these positions to receive training right away.The Act requires"refresher training"at intervals of no more than four years. My most recent date of appointment to serve another four-year term as a committee member was April 11, 2011; therefore, my earliest "due date"for training will be 90 days after/if I am reappointed in 2015. All members of all committees who have been served with this false "mandatory training" notice need to be contacted and have this mistake explained to them. Tom Thiersch Jefferson County `l SAVE PAPER - Please do not print this e-mail unless absolutely necessary. From: Leslie Locke [mailto:LLocke@co.jefferson.wa.us] Sent:Tuesday,July 08, 2014 12:27 PM To:Tom Thiersch Subject: Mandatory Training for Advisory Boards/Committees/Commissions Ferry Advisory Committee Member, I have been asked to inform you of the following mandatory training for all Advisory Board/Committee/Commission members: Washington State has newly mandated Open Public Meetings Act and Open Public Records Act training for government staff and officials. Please use this link to access the MANDATORY training: http://www.co.iefferson.wa.us/training/default.asp (use control +click then click on it again and it should work). If it does not work you can go to the Quick Link "Open Government Training" on the County Homepage at www.co.iefferson.wa.us . You have 90 days from July 1 to complete this training and will be required to complete the training every 4 years for as long as you serve on the committee. If you serve on more than one committee you only need to complete the training once. Once you have completed each training, please print, sign and send your certificate to me via email (see address below); hand deliver to the County Administrator's Office at 1820 Jefferson Street, Port Townsend; or mail to P.O. Box 1220, Port Townsend, WA 98368. The County will need a copy of your certificate to show that you have completed each course. Let me know if you have any questions. Leslie Locke 360-385-9102 llocke@co.jefferson.wa.us 2 CERTIFICATION OF ENROLLMENT ENGROSSED SENATE BILL 5964 Chapter 66, Laws of 2014 63rd Legislature 2014 Regular Session PUBLIC RECORDS AND MEETINGS--TRAININGS EFFECTIVE DATE : 07/01/14 Passed by the Senate February 18, 2014 CERTIFICATE YEAS 45 NAYS 2 I, Hunter G. Goodman, Secretary of the Senate of the State of BRAD OWEN Washington, do hereby certify that the attached is ENGROSSED SENATE President of the Senate BILL 5964 as passed by the Senate and the House of Representatives Passed by the House March 7, 2014 on the dates hereon set forth. YEAS 66 NAYS 31 HUNTER G. GOODMAN FRANK CHOPP Secretary Speaker of the House of Representatives Approved March 27, 2014, 9:54 a.m. FILED March 27, 2014 JAY INSLEE Secretary of State State of Washington Governor of the State of Washington ENGROSSED SENATE BILL 5964 Passed Legislature - 2014 Regular Session State of Washington 63rd Legislature 2014 Regular Session By Senators Fain, Rivers, Braun, Hasegawa, Rolfes, Conway, Frockt, Tom, Keiser, Mullet, and Hill; by request of Attorney General Read first time 01/13/14 . Referred to Committee on Governmental Operations . 1 AN ACT Relating to training public officials and employees 2 regarding public records, records management, and open public meetings; 3 adding a new section to chapter 42 . 30 RCW; adding new sections to 4 chapter 42 . 56 RCW; creating new sections; and providing an effective 5 date. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 7 NEW SECTION. Sec. 1. The legislature finds that the rights of 8 citizens to observe the actions of their public officials and to have 9 timely access to public records are the underpinnings of democracy and 10 are essential for meaningful citizen participation in the democratic 11 process . All too often, however, violations of the requirements of the 12 public records act and the open public meetings act by public officials 13 and agencies result in citizens being denied this important information 14 and materials to which they are legally entitled. Such violations are 15 often the result of inadvertent error or a lack of knowledge on the 16 part of officials and agencies regarding their legal duties to the 17 public pursuant to these acts . Also, whether due to error or 18 ignorance, violations of the public records act and open public 19 meetings act are very costly for state and local governments, both in p. 1 ESB 5964 .SL 1 terms of litigation expenses and administrative costs . The legislature 2 also finds that the implementation of simple, cost-effective training 3 programs will greatly increase the likelihood that public officials and 4 agencies will better serve the public by improving citizen access to 5 public records and encouraging public participation in governmental 6 deliberations . Such improvements in public service will, in turn, 7 enhance the public ' s trust in its government and result in significant 8 cost savings by reducing the number of violations of the public records 9 act and open public meetings act . 10 NEW SECTION. Sec . 2 . A new section is added to chapter 42 . 30 RCW 11 to read as follows : 12 (1) Every member of the governing body of a public agency must 13 complete training on the requirements of this chapter no later than 14 ninety days after the date the member either: 15 (a) Takes the oath of office, if the member is required to take an 16 oath of office to assume his or her duties as a public official ; or 17 (b) Otherwise assumes his or her duties as a public official . 18 (2) In addition to the training required under subsection (1) of 19 this section, every member of the governing body of a public agency 20 must complete training at intervals of no more than four years as long 21 as the individual is a member of the governing body or public agency. 22 (3) Training may be completed remotely with technology including 23 but not limited to internet-based training. 24 NEW SECTION. Sec. 3 . A new section is added to chapter 42 . 56 RCW 25 to read as follows : 26 (1) Each local elected official and statewide elected official, and 27 each person appointed to fill a vacancy in a local or statewide office, 28 must complete a training course regarding the provisions of this 29 chapter, and also chapter 40 . 14 RCW for records retention. 30 (2) Officials required to complete training under this section may 31 complete their training before assuming office but must : 32 (a) Complete training no later than ninety days after the date the 33 official either: 34 (i) Takes the oath of office, if the official is required to take 35 an oath of office to assume his or her duties as a public official ; or 36 (ii) Otherwise assumes his or her duties as a public official ; and ESB 5964 . SL p. 2 1 (b) Complete refresher training at intervals of no more than four 2 years for as long as he or she holds the office . 3 (3) Training must be consistent with the attorney general ' s model 4 rules for compliance with the public records act . 5 (4) Training may be completed remotely with technology including 6 but not limited to internet-based training. 7 NEW SECTION. Sec. 4 . A new section is added to chapter 42 . 56 RCW 8 to read as follows : 9 (1) Public records officers designated under RCW 42 . 56 . 580 and 10 records officers designated under RCW 40 . 14 . 040 must complete a 11 training course regarding the provisions of this chapter, and also 12 chapter 40 . 14 RCW for records retention. 13 (2) Public records officers must : 14 (a) Complete training no later than ninety days after assuming 15 responsibilities as a public records officer or records manager; and 16 (b) Complete refresher training at intervals of no more than four 17 years as long as they maintain the designation. 18 (3) Training must be consistent with the attorney general ' s model 19 rules for compliance with the public records act . 20 (4) Training may be completed remotely with technology including 21 but not limited to internet-based training. 22 NEW SECTION. Sec. 5 . A new section is added to chapter 42 . 56 RCW 23 to read as follows : 24 The attorney general ' s office may provide information, technical 25 assistance, and training on the provisions of this chapter. 26 NEW SECTION. Sec. 6 . This act may be known and cited as the open 27 government trainings act . 28 NEW SECTION. Sec. 7 . This act takes effect July 1, 2014 . Passed by the Senate February 18 , 2014 . Passed by the House March 7, 2014 . Approved by the Governor March 27 , 2014 . Filed in Office of Secretary of State March 27, 2014 . p . 3 ESB 5964 . SL Page 1 of 5 Office Information>Onen Government>Open Government Training Open Government Training Welcome to the Open Government Training web page of the Office of the Attorney General. State Laws. Washington's open government TRAINING Share requirements are in state law. Open public records OPPORTUNITIES laws are at RCW 42.c6. Open public meetings laws are at RCW 42.30 and RCW 42.f12. These are SPONSORED BY: Washington's"sunshine laws." In addition,records Washington management and retention laws are at RCW 40.14. Association of County 426 Training is Required. Effective July 1, 2014,the Officials Open Government Training Act(ESB 5964)requires many public officials and all agency records officers August 4, 2014 to receive training. Here is guidance from the Office Mt.Vernon,WA of the Attorney General:Open Government Training (details) Act Q&A. August 12, 2014 Why Training is Critical. Public agencies must Longview,WA have a good command of these laws. Training is a (details) key component in correctly implementing and complying with the laws. Training is an important August 21,2014 Walla Walla,WA risk management tool. Training can help establish a (details) "culture of compliance"within an agency. Training can help avoid or reduce litigation and its costs. August 26, 2014 Violations of the open public records and meetings Wenatchee,WA laws can result in penalties,as well as a breakdown in (details) confidence in government. Training Resources.The Office of the Attorney General provides model rules for complying with the open public records laws,and technical assistance and training on open public records and open public meetings laws. On this web page,the office also provides access to other free online resources for open government training. As more resources become available,they will be posted or linked here. Agencies may also contact the office to seek in-person training assistance. Agencies may contact the Assistant Attorney General for Open Government. Training materials and/or speakers may also be available to agencies from other sources. Examples are listed after the curriculum*and in the Open Government Training Act Q&A. Agencies can also design their own training. Online Training Curriculum. The online training curriculum is divided into four lessons. The first three address open government: (i)Open Government Overviews and General Principles, (2)Open Public Records,and(3)Open Public Meetings. Lesson(4)addresses Records Management and Retention. Agencies can use materials that fit their training requirements or needs. Reminder: Laws Change. The Washington State Legislature can amend the sunshine and records management/retention laws. Courts also issue decisions interpreting these laws. Agencies should review current laws and decisions to http://www.atg.wa.gov/OpenGovernmentTraining.aspx 7/9/2014 Page 2 of 5 determine if training materials they use are consistent with the current laws, and whether they should be updated. If there is a difference,the laws govern. Legislative updates will also be posted on this page. Practice Tip: Document the Training. Agencies should determine which staff and/or officials are required to or should receive training. It is a good practice for agencies to document training provided or received by their staff or officials. See the Open Government Training Q&A for more details. This web page includes a sample training certificate and a sample training roster. Agencies can use other forms or procedures to document training. Open Government Training Curriculum - Resources Lesson(1)is a general overview. Lessons(2)and(3)provide particular training and other resources on the Open Public Records Act and the Open Public Meetings Act. LESSON 1: OPEN GOVERNMENT OVERVIEWS AND GENERAL PRINCIPLES • Office of the Attorney General - Public Records&Open Public Meetings • Office of the Attorney General PowerPoint—Public Records&Open Public Meetings (PowerPoint/ PDF) Other Resources: • Office of the Governor-State Agency"Boards and Commissions Membership Handbook" • Municipal Research and Services Center's publication,"Knowing the Territory— Basic Legal Guidelines for Washington City,County and Special Purpose District Officials" LESSON 2: OPEN PUBLIC RECORDS—RCW 42.56 • Office of the Attorney General Video— Public Records Act http://www.atg.wa.gov/OpenGovernmentTraining.aspx 7/9/2014 Page 3 of 5 This site has been blocked by the network administrator. For assistance, please contact Information Services at itstaff@co.jefferson.wa.us or x171. URL: http://www.youtube.com/embed/38k1XPpT9Po Block reason: Forbidden Category"Multimedia" If you believe the below web site is rated incorrectly click here • Office of the Attorney General PowerPoint—Open Public Records(PowerPoint/ PDF) Other Resources: • 2014 Legislative Update(Records) • Office of the Attorney General-Obtaining Public Records • Office of the Attorney General-Denials of Public Records • Office of the Attorney General-The Open Government Internet Manual: • Chapter i • Chapter 2 • Office of the Attorney General-Model Rules for Public Disclosure • 2006 Model Rules(Paper Records) • 2007 Model Rules(Electronic Records) • Office of the Governor Online Training—Public Records Act Overview • Office of the Governor Online Training_—Public Records Quick Reference Guide • Municipal Research and Services Center's Open Public Records Act site: • Public Records Act • MRSC Inquires-Public Records • Municipal Research and Services Center's publication,"Public Records Act for Washington Cities,Counties and Special Purpose Districts" • Municipal Research and Services Center's publication,"Knowing the Territory— Basic Legal Guidelines for Washington City,County and Special Purpose District Officials" • Municipal Research and Services Center's and Washington State Archives webinar,"Public Records: Tackling the Tough Questions(Including Use of Smart Phones and Other Thorny Issues)" • Municipal Research and Services Center's presentation,"Social Media and the Public Records Act"(linked on this page) • Washington Association of Public Records Officers • Washington Coalition for Open Government Public Records Act site http://www.atg.wa.gov/OpenGovernmentTraining.aspx 7/9/2014 ' • Page 4 of 5 LESSON 3: OPEN PUBLIC MEETINGS—RCW 42.3o, RCW 42.32 • Office of the Attorney General Video-Open Public Meetings Act This site has been blocked by the network administrator. For assistance, please contact Information Services at itstaff@co.jefferson.wa.us or x171. URL: http://www.youtube.com/embed/n3B7_Xm3I8c Block reason: Forbidden Category"Multimedia" If you believe the below web site is rated incorrectly click here • Office of the Attorney General PowerPoint—Open Public Meetings (PowerPoint/PDF) Other Resources: • 2014 Legislative Update(Meetings) • Office of the Attorney General-The Open Government Internet Manual • Chapter a • Chapter 4 • Office of the Governor—Q&A Rewarding the Open Public Meetings Act • Municipal Research and Services Center's Open Public Meetings Act site • Municipal Research and Services Center's Publication"The Open Public Meetings Act—How it Applies to Washington Cities,Counties and Special Purpose Districts" • Municipal Research and Services Center's publication, "Knowing the Territory— Basic Legal Guidelines for Washington City,County and Special Purpose District Officials" • Washington Coalition for Open Government Open Public Meetings Act site • Washington State School Directors Association—"Open Public Meetings Act and Board Meeting Agendas"Webinars Records Retention/Management Curriculum - Resources LESSON 4: RECORDS MANAGEMENT AND RETENTION—RCW 40.14 • Washington State Archives Records Management site http://www.atg.wa.gov/OpenGovernmentTraining.aspx 7/9/2014 • Page 5 of 5 • Washington State Archives—Education and Training(links:) • State Agencies: • Advice Sheets • Online Tutorials • Training Calendar • Local Agencies: • Advice Sheets • Online Tutorials • Training Calendar Other Resources: • Municipal Research and Services Center's and Washington State Archives webinar,"Public Records: Tackling the Tough Questions (Including Use of Smart Phones and Other Thorny Issues)" For more information, contact State Archives at(36o)586-49oi or by email at recordsmanagementpsos.wa.gov. LAST STEP: TRAINING DOCUMENTATION • Sample training certificate • Sample training roster *Examples of other possible sources for training materials and/or speakers include the Washington Secretary of State's Office(records management/retention), the Municipal Research and Services Center, the Association of Washington Cities, the Washington Association of County Officials, the Washington State Association of Counties, the Washington Association of Public Records Officers, the Washington State School Directors Association, the Washington Coalition for Open Government, and others. http://www.atg.wa.gov/OpenGovernmentTraining.aspx 7/9/2014 cam, Bob Ferguson ATTORNEY GENERAL OF WASHINGTON 2014 Open Government Trainings Act The Open Government Trainings Act, Chap. 66, 2014 Laws (Engrossed Senate Bill 5964) was enacted by the 2014 Washington State Legislature, effective July 1, 2014. Here is a guide. 1. Why did the Legislature enact this new law? Answer The bill was introduced at the request of the Attorney General, with bipartisan support. A 2012 Auditor's Office report noted more than 250 "open government-related issues" among local governments. These included issues concerning the Open Public Meetings Act (OPMA) at RCW 42.30. In addition, in recent years the courts have imposed some significant monetary penalties against state and local public agencies due to their non-compliance with the Public Records Act (PRA) at RCW 42.56. Most violations are not malicious or intentional; they are often the result of insufficient training and knowledge. The comments to the Attorney General's Office advisory Model Rules on the PRA, and case law, have recognized that PRA training for records officers is a best practice. See, for example, WAC 44-14-00005. The Legislature passed ESB 5964 in March 2014 and the Governor signed it on March 27, 2014. The Act is designed to foster open government by making open government education a recognized obligation of public service. The Act is also designed to reduce liability by educating agency officials and staff on the laws that govern them, in order to achieve greater compliance with those laws. Thus, the Act is a risk management requirement for public agencies. The Act provides for open public meetings and records trainings. In sum, the Act is intended to improve trust in government and at the same time help prevent costly lawsuits to government agencies. [Section 1] 2. What is the Act called? ® Answer The Open Government Trainings Act. [Section 6] 3. When it is the Act effective? Answer July 1, 2014. [Section 7] 4. What is a quick summary of the Act's requirements? Answer The Act requires basic open government training for local and statewide officials and records officers. Training covers two subjects: public records and records retention ("records training"), and open public meetings. [Sections 1-4] Whether you are Q&A—Page 1 3/31/14 required to take trainings on one or both subjects depends on what governmental position you fill. 5. What is the Attorney General's Office role? Mir Answer: The Attorney General's Office may provide information, technical assistance, and training. [Section 5] See also RCW 42.56.570 and RCW 42.30.210. The office maintains and provides a public web page with training videos as well as training resources. The office is also providing other assistance such as this Q & A guidance. The Assistant Attorney General for Open Government (ombudsman) is also available as a resource. See Q &A Nos. 13 and 22. 6. Who is subject to the Act's training requirements? Answer: ► Members of governing bodies. Members of a governing body of a public agency subject to the OPMA must receive open public meetings training (OPMA training concerning RCW 42.30). "Public agency" and "governing body" are defined in the OPMA. RCW 42.30.020. They include members of city councils, boards of county commissioners, school boards, fire district boards, state boards and commissions, and other public agency boards, councils and commissions subject to the OPMA. Effective July 1, 2014, those members must receive OPMA training no later than 90 days after they take their oath of office or assume their duties. They can take the training before they are sworn in or assume their duties of office. They must also receive "refresher" training at intervals of no more than four years, so long as they are a member of a governing body. [Section 2] Note: If a member of a "governing body"is also an elected local or statewide official, he or she must receive both open public meetings and records trainings (see next bullet). 4 ► Elected local and statewide officials. v; Every local elected official, and every statewide elected official, must receive records training (PRA training concerning RCW 42.56, plus records retention training concerning RCW 40.14). Effective July 1, 2014, they must receive this training no later than 90 days after they take their oath of office or assume their duties. They can take the training before they are sworn in or assume their duties of office. They must also receive "refresher" training at intervals of no more than four years. [Section 3] Q&A—Page 2 3/31/14 Note: If an elected local or statewide official is also a member of a "governing body,"the official must receive both open public meetings and records trainings. ► Records officers. 0 0 Public records officers for state and local agencies, and state agency records (retention) officers designated under RCW 40.14.040, must receive records training (PRA training concerning RCW 42.56 and records retention training concerning RCW 40.14). Effective July 1, 2014, they must receive this training no later than 90 days after they assume their duties. They must also receive "refresher" training at intervals of no more than four years. [Section 4] Note: While Section 4(2) of the bill refers to `public records officers" in the training schedule, the act's training requirements were intended to apply to both public records officers under the PRA and to state agency records officers designated under RCW 40.14. * * * ► Others. Other public agency officials and employees who are not listed in the Act are not required to receive training. However, this Act sets only minimum training. Agencies may wish to provide or arrange for additional or more frequent training, or training for additional staff. Training is essential because even one unintentional mistake can amount to a violation of the PRA or OPMA. PRA training reduces risks of lawsuits. As the State Supreme Court has explained, "An agency's compliance with the Public Records Act is only as reliable as the weakest link in the chain. If an agency employee along the line fails to comply, the agency's response will be incomplete, if not illegal." Progressive Animal Welfare Society v. University of Washington, 125 Wn.2d 243 (1995). And the Supreme Court has held that PRA training can reduce PRA penalties. Yousoufian v. Office of Ron Sims, 168 Wn.2d 244 (2010). As a consequence, an agency may want persons who are not listed in the Act to receive training. How much training each employee receives may depend on his or her role. For example, an agency may want all employees to be trained on the basics of records management, search requirements, how to identify a request for records, and what is a public record. An agency could include basic records training in all its new employee orientations, covering both PRA and records retention. Other employees may benefit from additional training. For example, public records officers may have other designated staff to assist them in responding to records requests. Thus, records training would be useful for those staff. And, that records training for those who regularly assist public records officers may be more detailed or frequent than, say, that provided to a board member. Q&A—Page 3 3/31/14 Or, while a local government agency is not required to formally designate a records retention officer under RCW 40.14.040, as a practical matter, the agency may have staff who is key in maintaining records using the local government records schedules. Therefore, those local government agencies may want to provide or arrange for those staff to receive training on RCW 40.14. Or, a board may have a staff member or clerk who posts meeting notices and agendas, and maintains minutes, so that person may likely benefit from training on the open public meetings requirements under the OPMA. And, regular refresher training may be appropriate for any of these employees, depending upon the person's governmental position and developments in the law. In sum, while training is not required for governmental positions not listed in the Act, the Attorney General's Office encourages agencies to consider that persons in other positions are subject to or working with these laws, and would likely benefit from receiving training, if feasible. Training on the laws is a best practice, even if not specifically required by the Act. Education helps support transparency in government and reduces risk to agencies. 7. Who is not subject to the Act's training requirements? Answer: As noted in Q & A No. 6, public agency employees and officials not listed in the Act are not required to receive training. The courts and the State Legislature are also not required to receive training (unless the person also holds another governmental position where training is required, for example, serving on a governing body subject to the OPMA). Even so, the Act does not restrict them from receiving or participating in open government training. Others not subject to the Act include board members, officials or employees of purely private organizations. Examples are nonprofit boards, homeowners associations, or other private entities that are not a public agency or the functional equivalent of a public agency. 8. What if I am in my elected position (an incumbent) on July 1, 2014, and I am not up for re-election in 2014? How does the training schedule work for me? What if I already received training in 2014? �tC1� Answer: Even if not specifically required by the Act, we recommend that incumbents in office on July 1, 2014 receive training for each of the required sections of law during 2014, if they have not already received such training. If they have already received training in 2014 for the required sections of law, we suggest they document it. (See Q & A No. 17). Then, calendar refresher trainings at intervals of no later than four years (as long as you are a member of the governing body or public agency). We suggest this approach for several reasons. Q&A—Page 4 3/31/14 • First, the training will help establish a "culture of compliance" with open government laws in the agency if officials and others subject to the Act demonstrate they have recently received or are quickly willing to receive the training. • Second, it will help set a similar "base year" for scheduling four-year refresher trainings if several officials in a public agency are required to receive that training. • Third, it is a good idea for an elected official to receiving training in 2014, even if the training covers some of the same topics previously reviewed during an earlier year's orientation or training. Given the public interest in these laws, it is good to keep them in the forefront of the official's or employee's base knowledge. And, there may be new developments in the statutes or court decisions that were not covered in a prior training. • Finally, the sooner training is received and documented, the sooner that information will be available to a court or others if needed. Since 2010, the State Supreme Court has said it will consider PRA training in assessing penalties for public records violations specified in the PRA. (See more discussion under Q & A No. 20 discussing non-compliance with the Act.) 9. What if I am in my elected position (an incumbent) on July 1, 2014, and I am seeking re-election in 2014? How does the training schedule work for me? Answer: Incumbents who are re-elected in November 2014 must receive training no later than 90 days after they take their new oath of office or otherwise assume their duties. However, they can take the training sooner. Therefore, they could either take the training some time by the end of 2014 (perhaps with other officials and staff receiving training in 2014), or they could wait to take the training within 90 days after they take their oath of office or otherwise assume their duties of office if re-elected in November. Then, refresher training must be taken no later than every four years (as long as you are a member of the governing body or public agency). . 10. What if I am in my position as an incumbent public records officer or records officer on July 1, 2014? How does the training schedule work for me? 477-1-11 ft‘ Answer: If you were in your position prior to July 1, 2014, and you have already received training in 2014, we recommend you document it. However, if you did not receive any records training in 2014, we recommend you receive training this year, given the reasons and approach stated in Q & A No. 8, and document that training. (See Q & A No. 17). Then, 2014 becomes your"base year"from which you schedule the refresher Q&A—Page 5 3/31/14 trainings that are required no more than four years later (as long as you are in the records officer position). If you are appointed on or after July 1, 2014, you will need to receive training no later than 90 days after assuming your duties, and then receive refresher trainings no more than four years later. You can receive more frequent trainings, too, if feasible. More frequent trainings are not restricted in the Act. 11. What must the training include? Answer: -4.,,.. ,lI' • Open public meetings training should cover the basics of the OPMA. A [Section 2] The Act does not provide further details. However, for example, the training could cover the purpose of the act, requirements for regular and special meetings, public notice, executive sessions, and penalties. The training may also include the requirement to maintain minutes and have them open for public inspection, as described in another law at RCW 42.32.030. The Attorney General's Office online OPMA video and OPMA Power Point cover the basics of the OPMA and satisfy this requirement. " J • Records training — PRA. -' Training on the Public Records Act should cover the basics of the PRA at RCW 42.56. Training must be consistent with the Attorney General's Office Model Rules. [Sections 3, 4] The Act does not provide further details. However, for example, the training could cover the purpose of the PRA, what is a "public record," basic public records procedures, how an agency responds to requests, searches, what an agency must do before withholding information in a record from the public, and penalties. The training might also cover an agency's particular PRA procedures set out in its rules or policies. The Attorney General's Office online PRA video and PRA Power Point cover the basics of the PRA and satisfy this requirement. Records training — records retention. Record retention training should cover the basics of RCW 40.14. [Sections 3, 4] The Act does not provide further details. However, for example, the training could cover basic retention requirements, what is a records retention schedule, and a brief description of what schedule(s) apply to the agency. For board members, it may Q&A—Page 6 3/31/14 also specifically cover how to manage emails and other electronic records. For a records officer, the training may be much more detailed, addressing more specifically the agency's records retention schedules and categories of records. The Washington State Archives records retention training covers the basics of records retention and satisfies this requirement. 4 • The four-year "refresher" training should cover the basic requirements _ in effect at the time of the training. It is a good idea to cover any recent developments in the law since the last training. Under the Act, the refresher trainings must occur at intervals of no more than four years. There may be options an agency wants to consider for giving refresher training. For example, it may be useful to have a refresher training once a year such as at a board meeting or staff workshop. In that way, officials and employees subject to these laws can receive ongoing refreshers as well as updates on the laws, without needing to individually calendar the four-year cycle. 12. Who will provide the training? Answer: That choice is up to each agency official and employee, depending on the agency's needs and resources. The Attorney General's Office has provided a web page with training information. That web page includes resources for PRA and OPMA training. Examples include Power Point presentations, videos, manuals, and links to other training resources. The web page also provides links to the Washington State Archives online training materials and other information describing records retention requirements. Other training options are available as well. See Q &A No. 13. 13. What are the training options for an official or employee? Answer. There are many options to receive training. To illustrate, an official or employee could take training in any of the following ways: • In-House Training at the Agency. o In-house training provided by the agency's legal counsel, assigned Assistant Attorney General, or agency staff familiar with the requirements of the law. o Training through videos or Power Points at a board meeting or staff meeting or workshop, perhaps with someone available to answer follow-up questions. o Training as part of the orientation for new members and new staff. Q&A—Page 7 3/31/14 poi • Internet or Remote-Technology Based Training. [Sections 2, 3, 4] o Online or internet-based training, webinar training, or training via Skype. o The training resources provided on the Attorney General's Office training web page includes videos and links to training materials. The Attorney General's Office OPMA and PRA videos and two Power Point presentations linked there satisfy the OPMA and PRA training requirements. The State Archives records retention training linked there satisfies the records retention training requirements. • Training from Public Agencies or Public Agency Associations. o Training offered by or at other public agencies or associations. o For example, training may be provided by a school board association, a fire district association, a public records officer association, and similar entities. o The Attorney General's Office is also examining whether its training videos can be made available online on the State of Washington Department of Enterprise Services "Learning Management System" website for state employees. Mt 9] • Outside Training. IA' o Training from an outside private trainer. o For example, a resource for local governments is the Municipal Research and Services Center. o The Washington State Bar Association may also provide Continuing Legal Education (CLE) programs, particularly on the PRA and OPMA. These may be useful for persons who are attorneys who must receive training under the Act and who are also required by the WSBA to obtain CLE credits. I=J • Washington State Archives - Records Retention Training. I-�i o The Washington State Archives provides guidance and support to state and local government agencies in public records management by offering education and training opportunities. o Information about the State Archives training for state agencies and local agencies is available online. o Another option is to ask the State Archives staff to provide records retention training or to guide the agency to other useful records retention training resources. An agency can contact the State Archives by email at recordsmanagement(a�sos.wa.gov or by telephone at (360) 586-4901. • Attorney General's Office In-Person Training. [Section 5] 410 o Ask the Assistant Attorney General for Open Government to provide PRA or OPMA training. o Note: There may be minimum audience size, travel and other factors to consider. Q&A—Page 8 3/31/14 • Other Training. o Consider other training options that cover the open public meetings and records training requirements. The Act was designed to be flexible so an agency official or employee could select a training option that best fits his/her needs, governmental position, and agency resources. 14. What does it mean when the Act says that the PRA training must be consistent with the Attorney General's Office PRA Model Rules? Answer: The Attorney General has, in chapter 44-14 WAC, adopted "Model Rules" on PRA compliance to provide information to agencies and to requestors about "best practices" for complying with the PRA. While the PRA Model Rules are advisory (RCW 42.56.570), they are also noted as a training tool in the Act. [Sections 3, 41 We believe they are used and referenced by many agencies today. As such, they are a good training foundation from which an agency can conduct or design PRA training. The Model Rules are also available on the office's Open Government Training web page. The Attorney General's Office PRA training video available on our web page is consistent with the Model Rules. 15. Does the Act require the Attorney General's Office to approve or certify training? Answer: No. 16. Are there a minimum number of hours required for training? Answer: No. However, basic training for the OPMA and PRA should probably last no less than 15 — 20 minutes each, and basic records retention training should probably last 10-15 minutes. More detailed and longer training may be appropriate for some positions. For example, records officers may want to receive more detailed training on the PRA and records retention schedules, and/or receive training more often than once every four years. Q&A—Page9 3/31/14 17. Should an official or employee document the training? If so, how? Answer: The Act does not require training to be documented. Even so, we recommend officials and employees subject to the Act document this training, and we recommend that their agencies assist them. An agency will want to have training information available to a court or to others if needed. (See Q & A No. 20 regarding possible consequences of non-compliance.) The Act also contains no requirements describing how to document training. Every agency may be different in how it maintains its employees' or officials' training records. Or, if the training is conducted at a board meeting, the minutes can reflect that the training was provided and who attended. The minutes would also qualify as documentation. The AGO has prepared sample documentation forms (a sample certificate and a sample training roster) which are available on the open government training web page. Other forms or methods of documenting training are fine as well. If an incumbent official or staff member has already received training during 2014, we recommend the official or staff member, or agency, document that training, too, if they have not already done so. 18. Is an official, employee or agency required under the Act to report completed trainings or provide training documentation or data to the Attorney General's Office? Answer: No. 19. What is the training cost to the official, employee or agency? Answer. The cost depends on what trainings the officials or employees take. They may incur travel costs on behalf of their agency, but if they take online training, the "cost" is primarily only their time. There is no cost to take the online trainings available on the Attorney General's Office website; they are free. There is no cost to take the State Archives online trainings on records retention; they are also free. Many agencies that currently arrange for training on these open government laws, or other topics, already either use their own staff to conduct the trainings (such as their attorneys) or seek out other trainings from other organizations/associations. Thus, those are the types of costs currently taken into account by agencies. 20. What is the penalty for an official's or employee's non-compliance with the Act? Answer: The Act does not provide any new penalties for an official or staff member not receiving required training. The Act does not provide any new penalties for an agency Q&A—Page 10 3/31/14 r not providing training. The Act does not create a new cause of action in court regarding training under the OPMA, PRA, or records retention laws. Remember, the Act is intended to reduce liability, not create new lawsuits. (See, e.g., Section 1] However, under current case law, a court can consider whether agency staff received training when it is determining whether to assess a penalty for violations of other sections of the PRA (as specified in the PRA). That is, under current case law, evidence of training can mitigate an agency's exposure to penalties; absence of training can aggravate penalties. 21. What is the bottom line? Answer: In sum, training is required by the new Act effective July 1, 2014. And, under current law and guidance, training is also in the agency's and the public's best interests. That is, it is already a best practice for officials and other employees who work with those open government laws to receive training, so they can better comply. The new Act simply takes that best practice one step further, by requiring training for many officials and records officers. 22. Who can we contact for more information? Answer: You may contact the Attorney General's Office: Nancy Krier Assistant Attorney General for Open Government (360) 586-7842 Nancykl(a�atq.wa.gov Attorney General's Office Open Government Training Page: http://www.atq.wa.qov/OpenGovernmentTraininq.aspx Information about State Archives records management and retention training for state and local agencies is available at: http://www.sos.wa.qov/archives/RecordsManaqement/ Agencies can contact the State Archives by email at recordsmanaqementsos.wa.qov or by telephone at (360) 586-4901. Q&A—Page 11 3/31/14 Leslie Locke From: Leslie Locke Sent: Monday, July 07, 2014 11:49 AM -pelf\t 5e � To: Julie Shannon; Stacie Hoskins; Michael Dawson; Tami Pokorny; Nola;-Leslie Locke; 'blhwood@sbcglobal.net'; Erin Lundgren; 'Meredith Wagner'; 'Lowe, Cheryl B'; Julia-DaRski r ���` Laura Lewis; Matt Tyler; 'Anders Edgerton'; Richard Talbot; 'fordk@safeharborrecovery.org'; � 'steve@s3solutions.biz'; 'laaseca@dshs.wa.gov'; 'info@peninsulapha.org'; 'Karl Hatton' Cc: Carolyn Avery Subject: Mandatory Training for Jefferson County Boards/Commissions Tracking: Recipient Delivery Julie Shannon Delivered: 7/7/2014 11:49 AM Stacie Hoskins Delivered: 7/7/2014 11:49 AM Michael Dawson Delivered: 7/7/2014 11:49 AM Tami Pokorny Delivered:7/7/2014 11:49 AM Natalie Crump Delivered:7/7/2014 11:49 AM Leslie Locke Delivered:7/7/2014 11:49 AM 'blhwood@sbcg lobal.net' Erin Lundgren Delivered:7/7/2014 11:49 AM 'Meredith Wagner' 'Lowe, Cheryl B' Julia Danskin Delivered: 7/7/2014 11:49 AM Laura Lewis Matt Tyler Delivered: 7/7/2014 11:49 AM 'Anders Edgerton' Richard Talbot Delivered: 7/7/2014 11:49 AM 'fordk@safeharborrecovery.org' 'steve@s3solutions.biz' laaseca@dshs.wa.gov' 'info@peninsulapha.org' 'Karl Hatton' Carolyn Avery Delivered:7/7/2014 11:49 AM You are receiving this email as the contact person for the following Advisory Boards/Commissions: Julie Shannon: Civil Service Commission Stacie Hoskins: Climate Action Committee Planning Commission Michael Dawson: Clean Water District Tami Pokorny: Conservation Futures Citizen Oversight Committee hyvt-� ���ne�� North Pacific Coast MRC Natalie rump' Developmental Disabilities Leslie Locke: Board of Equalization Ferry Advisory Board Lodging Tax Advisory Committee Public Infrastructure Fund Barry Wood: Gardiner Community Center Denise Banker: Board of Health Karl Hatton: JeffCom Erin Lundgren: LEOFF I Disability Board 1 Meredith Wagner: Library District Board Cheryl Lowe: Marine Resource Committee J.u1i U irr--m� ri��� Mental Health Sales Tax Oversight Committee Laura Lewis: Noxious Weed Control Board Carol Ann Laase: Olympic Area Agency on Aging Matt Tyler: Parks and Recreation Teresa: Peninsula Housing Authority Anders Edgerton: Peninsula Regional Support Network Richard Talbot: Solid Waste Ford Kessler: Substance Abuse Services Steve Shively: Tourism Coordinating Council Copy and paste the message below and provide it to your Board/Commission members: All Jefferson County Advisory Boards/Commissions members Washington State has newly mandated Open Public Meetings Act and Open Public Records Act training for government staff and officials. Please use this link to access the MANDATORY training: http://www.co.iefferson.wa.us/training/default.asp Once you have completed each training, please print and sign a certificate. The County will need a copy of your certificate to show that you have completed each course. 2 Leslie Locke From: Julia Danskin Sent: Monday, July 07, 2014 11:59 AM To: Leslie Locke Cc: Anna McEnery Subject: RE: Mandatory Training for Jefferson County Boards/Commissions Hi Leslie, Anna Mc Enery is staff to the Mental Heait. Substance Abuse Sales tax Advisory Committee now. (But I did the training anyway.) (h aDaaf4r Public Health Nursing Director Jefferson County Public Health 615 Sheridan Port Townsend, WA 98368 Ph: 360-385-9420 email: jdanskin@co.jefferson.wa.us www.jeffersoncountvpublichealth.org Confidentiality Notice: This email message,including any attachments,is for the sole use of the intended recipient(s)and may contain confidential and privileged information. Any unauthorized review,use,disclosure,or distribution is prohibited. If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a state law found at RCW 42.56. Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy(or for inspection)of this e-mail unless it is also exempt from the disclosure under state law,including RCW 42.56. From: Leslie Locke Sent: Monday, July 07, 2014 11:49 AM To: Julie Shannon; Stacie Hoskins; Michael Dawson; Tami Pokorny; Natalie Crump; Leslie Locke; blhwood@sbcglobal.net; Erin Lundgren; Meredith Wagner; 'Lowe, Cheryl B'; Julia Danskin; Laura Lewis; Matt Tyler; Anders Edgerton; Richard Talbot; fordk©safeharborrecovery.org; steve@s3solutions.biz; laaseca@dshs.wa.gov; info@peninsulapha.orq; Karl Hatton Cc: Carolyn Avery Subject: Mandatory Training for Jefferson County Boards/Commissions You are receiving this email as the contact person for the following Advisory Boards/Commissions: Julie Shannon: Civil Service Commission Stacie Hoskins: Climate Action Committee Planning Commission HAPN Michael Dawson: Clean Water District Tami Pokorny: Conservation Futures Citizen Oversight Committee North Pacific Coast MRC Natalie Crump: Developmental Disabilities Leslie Locke: Board of Equalization Ferry Advisory Board Lodging Tax Advisory Committee Public Infrastructure Fund Barry Wood: Gardiner Community Center 1 r • • Denise Banker: Board of Health Karl Hatton: JeffCom Erin Lundgren: LEOFF I Disability Board Meredith Wagner: Library District Board Cheryl Lowe: Marine Resource Committee Julia Danskin: Mental Health Sales Tax Oversight Committee Laura Lewis: Noxious Weed Control Board Carol Ann Laase: Olympic Area Agency on Aging Matt Tyler: Parks and Recreation Teresa: Peninsula Housing Authority Anders Edgerton: Peninsula Regional Support Network Richard Talbot: Solid Waste Ford Kessler: Substance Abuse Services Steve Shively: Tourism Coordinating Council Copy and paste the message below and provide it to your Board/Commission members: All Jefferson County Advisory Boards/Commissions members Washington State has newly mandated Open Public Meetings Act and Open Public Records Act training for government staff and officials. Please use this link to access the MANDATORY training: http://www.co.jefferson.wa.us/training/default.asp Once you have completed each training, please print and sign a certificate. The County will need a copy of your certificate to show that you have completed each course. 2 Leslie Locke From: Stacie Hoskins Sent: Monday, July 07, 2014 12:33 PM To: Leslie Locke Subject: RE: Mandatory Training for Jefferson County Boards/Commissions Will do, Leslie. Please note that HAPN no longer exists. The BOCC disbanded it some time ago. Stacie 4. od eeusd Planning Manager,Jefferson County Department of Community Development 621 Sheridan Street * Port Townsend, WA 98368 Phone 360-379-4463 * Fax 360-379-4451 shoskinsCa?co.jefferson.wa.us Jefferson County DCD Mission: To preserve and enhance the quality of life in Jefferson County by promoting a vibrant economy, sound communities and a healthy environment. All e-mail sent to this address has been received by the Jefferson County e-mail system and is therefore subject to the Public Records Act,a state law found at RCW 42.56.Under the Public Records law the County must release this e-mail and its contents to any person who asks to obtain a copy(or for inspection)of this e-mail unless it is also exempt from production to the requester according to state law,including RCW 42.56 and other state laws. From: Leslie Locke Sent: Monday, July 07, 2014 11:49 AM To: Julie Shannon; Stacie Hoskins; Michael Dawson; Tami Pokorny; Natalie Crump; Leslie Locke; blhwood@sbcglobal.net; Erin Lundgren; Meredith Wagner; 'Lowe, Cheryl B'; Julia Danskin; Laura Lewis; Matt Tyler; Anders Edgerton; Richard Talbot; fordk@safeharborrecovery.orq; steve@s3solutions.biz; laaseca@dshs.wa.gov; info@peninsulapha.orq; Karl Hatton Cc: Carolyn Avery Subject: Mandatory Training for Jefferson County Boards/Commissions You are receiving this email as the contact person for the following Advisory Boards/Commissions: Julie Shannon: Civil Service Commission Stacie Hoskins: Climate Action Committee Planning Commission HAPN Michael Dawson: Clean Water District Tami Pokorny: Conservation Futures Citizen Oversight Committee North Pacific Coast MRC Natalie Crump: Developmental Disabilities Leslie Locke: Board of Equalization Ferry Advisory Board Lodging Tax Advisory Committee Public Infrastructure Fund Barry Wood: Gardiner Community Center Denise Banker: Board of Health Karl Hatton: JeffCom Erin Lundgren: LEOFF I Disability Board Meredith Wagner: Library District Board Cheryl Lowe: Marine Resource Committee i Julia Danskin: Mental Health Sales Tax Oversight Committee Laura Lewis: Noxious Weed Control Board Carol Ann Laase: Olympic Area Agency on Aging Matt Tyler: Parks and Recreation Teresa: Peninsula Housing Authority Anders Edgerton: Peninsula Regional Support Network Richard Talbot: Solid Waste Ford Kessler: Substance Abuse Services Steve Shively: Tourism Coordinating Council Copy and paste the message below and provide it to your Board/Commission members: All Jefferson County Advisory Boards/Commissions members Washington State has newly mandated Open Public Meetings Act and Open Public Records Act training for government staff and officials. Please use this link to access the MANDATORY training: http://www.co.iefferson.wa.us/training/default.asp Once you have completed each training, please print and sign a certificate. The County will need a copy of your certificate to show that you have completed each course. 2 Leslie Locke From: Anna McEnery Sent: Monday, July 07, 2014 4:34 PM To: Leslie Locke Subject: FW: Mandatory Training for Jefferson County Boards/Commissions Hi Leslie, You can put me down as the contact for both of these boards— Thank you much, Anna Mc Enery From: Leslie Locke Sent: Monday, July 07, 2014 11:49 AM To: Julie Shannon; Stacie Hoskins; Michael Dawson; Tami Pokorny; Natalie Crump; Leslie Locke; blhwood@sbcglobal.net; Erin Lundgren; Meredith Wagner; 'Lowe, Cheryl B'; Julia Danskin; Laura Lewis; Matt Tyler; Anders Edgerton; Richard Talbot; fordk@safeharborrecovery.orq; steve@s3solutions.biz; laaseca@dshs.wa.gov; info@peninsulapha.orq; Karl Hatton Cc: Carolyn Avery Subject: Mandatory Training for Jefferson County Boards/Commissions You are receiving this email as the contact person for the following Advisory Boards/Commissions: Julie Shannon: Civil Service Commission Stacie Hoskins: Climate Action Committee Planning Commission HAPN Michael Dawson: Clean Water District Tami Pokorny: Conservation Futures Citizen Oversight Committee North Pacific Coast MRC Natalie Crump: Developmental Disabilities Leslie Locke: Board of Equalization Ferry Advisory Board Lodging Tax Advisory Committee Public Infrastructure Fund Barry Wood: Gardiner Community Center Denise Banker: Board of Health Karl Hatton: JeffCom Erin Lundgren: LEOFF I Disability Board Meredith Wagner: Library District Board Cheryl Lowe: Marine Resource Committee Julia Danskin: Mental Health Sales Tax Oversight Committee Laura Lewis: Noxious Weed Control Board Carol Ann Laase: Olympic Area Agency on Aging Matt Tyler: Parks and Recreation Teresa: Peninsula Housing Authority Anders Edgerton: Peninsula Regional Support Network Richard Talbot: Solid Waste Ford Kessler: Substance Abuse Services Steve Shively: Tourism Coordinating Council 1 t Copy and paste the message below and provide it to your Board/Commission members: All Jefferson County Advisory Boards/Commissions members Washington State has newly mandated Open Public Meetings Act and Open Public Records Act training for government staff and officials. Please use this link to access the MANDATORY training: http://www.co.jefferson.wa.us/training/default.asp Once you have completed each training, please print and sign a certificate. The County will need a copy of your certificate to show that you have completed each course. 2 7 Leslie Locke From: David Alvarez Sent: Thursday, March 21, 2013 3:48 PM To: Matt Tyler; Philip Morley; CAO Staff Subject: Volunteer Basics PRA and OPMA Attachments: Volunteer Basics PRA and OPMA.doc A one-page quick handout. I would have no heartburn if it was modified. It covers the PRA and the Sunshine Law (open public meetings). David Alvarez Ext. 219 1 Volunteer basics Thank you for offering your time and effort as a volunteer for Jefferson County. The Public Records Act, which allows anyone to obtain "public records," and the Open Public Meetings Act or OPMA, which sets up rules for meeting so that meetings are open to public attendance and attention, apply to your volunteer work. Your group will provide a recommendation to the BoCC and/or the City Council so the OPMA applies to you. Both laws can easily be complied with. These laws have more complexities but below are some basic rules to follow. Do: • Understand that all the e-mails generated or received by you that relate to the business of your committee, although they are on your home computer, might be deemed "public records" and would be subject to disclosure to a requester. • Understand that your personal e-mail address (but not the contents of your home computer) will become part of the "public record" a requester could obtain. • Provide the County with your current contact points: phone #, e-mail address, snail mail address. • Check your e-mail on a regular basis for correspondence from the County. • Read the correspondence from the County. • Always send any e-mail relating to your committee work to the County contact person, listing the County as a "to" or "carbon copy." • If feasible, keep the a-mails relating to your volunteer work in a separate folder on your home computer. This is easier than you think. • Understand that your receipt of an e-mail that appears to violate the OPMA does not mean you have also violated that same law. Don't • EVER HIT "Reply all." • Initiate or participate in a string e-mail, defining a string e-mail as one that starts with member#lwriting to member#2 who then writes to member#3 and so on. • Share an idea, document or record relating to the business of your committee with another member unless you also share it with the County contact person. • Create or participate in any e-mail that involves (in any manner, carbon copy, forwarding, etc) a quorum of your committee AND involves the business, reason or purpose for your committee. • Hesitate to ask your County contact person if you have any questions about these rules as (s)he can always contact the civil prosecutor and obtain an answer. • Send or generate a-mails that would embarrass you, the recipient or the County if they became the basis of a newspaper story.