Featured Inquiry (06/09/08)
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Question:
Are there any requirements that town records be "maintained" on the town premises? For example, since the mayor is the person who deals with personnel issues, can he maintain the personnel files in a location separate from town hall due to the need to access them during non-business hours and for privacy reasons?
Answer:
Our position is that the records must remain in the office where they are filed, except for limited circumstances or on a temporary basis. WAC 434-615-020 supports this conclusion; it provides in part:
Unless otherwise provided by law, public records must remain in the legal custody of the office in which they were originally filed, which shall be considered the office of record, or shall be destroyed or transferred pursuant to instructions from the state or local records committee as required by Ch. 40.14 RCW. They shall not be placed in the legal or physical custody of any other person or agency, public or private, or released to individuals, except for disposition pursuant to law or unless otherwise expressly provided by law or by these regulations.
This regulation makes it clear that original records should not be allowed to be taken from the office in which they were originally filed, except under certain specific circumstances.