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SUBJECTS › LEGAL › Public Records Act - Significant Changes Made
Updated 07/06

Public Records Disclosure

Model Rules and Statute Reorganization

The Attorney General's office has issued the Model Rules for public records disclosure compliance. They are now part of the Washington Administrative Code, officially going into effect the first week of March, 2006. The Model Rules are advisory only, but they provide practical guidance on many issues that are not clear in the statutes.

In July 2006 MRSC issued an updated publication regarding public records disclosure. It is now titled: "Public Records Act for Washington Cities and Counties". Note that the public records disclosure statutes have been recodified, so whenever a local government responds to a request for disclosure, the new statutes should be used when referring to an exemption or a disclosure prohibition. The publication contains an appendix with recodification tables. The text of the model rules is also included in the appendices. You can download the publication from this web site, or purchase paper copies can be purchased by contacting MRSC.

Contents

Introduction

In 1972 the voters in state of Washington adopted Initiative 276, which requires that most records maintained by state, county, and city governments be made available to members of the public. The public disclosure statutes have been frequently revised over the past three decades. As of July 2006, these disclosure statutes are to found in Chapter 42.56 RCW, and the statutes are now referred to as the Public Records Act. Although the public records disclosure statutes do not apply to judicial records (case files), the legislature has specifically extended their coverage to state legislative records. In addition, the public records disclosure statutes apply equally to "every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district" or "any office, department, division, bureau, board, commission, or agency thereof, or other local public agency."

The definition of what is a public record is quite broad - RCW 42.17.020 (41). The definition of writing is also broad - RCW 42.17.020 (48). Papers, photos, maps, videos, and electronic records are all covered by the Public Records Act.

All city records are available for review by the public, unless they are specifically exempted or prohibited from disclosure by the state statutes. A listing of the primary exemptions are found at RCW 42.56.230 through RCW 42.56.480. Numerous other exemptions and disclosure prohibitions are sprinkled throughout the state statutes. Appendix C of our publication lists the public disclosure statutes that are located in RCW chapters other than Chapter 42.56 RCW.

Because the public records disclosure statutes are sometimes difficult to interpret and are often a source of litigation, MRSC has prepared a publication which reviews all of the relevant statutes, exemptions and prohibitions to disclosure, and procedures to be followed when handling a request for disclosure. See "Public Records Act for Washington Cities and Counties." (Adobe Acrobat Document 704kb).

Reference Sources

  • Access - A compilation and analysis of state and federal laws, rules and decisions affecting public access to government proceedings and records. Website maintained by the Society of Professional Journalists, Western Washington Chapter. Link added 8/01.
  • Frequently Asked Questions (FAQs)
  • Internet Usage & E-Mail Policies - An MRSC page on e-mail transmissions regarding local government business that are sent by or between public officials and public employees are public records subject to disclosure. Those communications are also subject to the records retention requirements. Some local governments are now addressing these issues in their Internet and e-mail policies.
  • Model Rules for Public Records. Washington State Office of the Attorney General. The Legislature asked the Attorney General to provide guidance to both records requestors and agencies on the public records process. The model rules are non-binding and provide "best practices" for requestors and agencies.
  • Selected Cases and Research References (Adobe Acrobat Document 125kb), Appendix A to Public Records Act for Washington Cities and Counties. (Adobe Acrobat Document 514kb), MRSC, Report No. 61, July 2006. [Appendix A is periodically updated in this online version.]
  • Significant Washington appellate court case decisions dealing with public disclosure issues decided since March, 1996.
  • Washington Coalition for Open Government - This non profit organization pushes for maximum openness in all aspects of state and local government. Link added 3/03.

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