Chapter 2.108
PUBLIC RECORDS PROCEDURES
Sections:
2.108.010 Purpose.
2.108.020 Definitions.
2.108.030 Function – Organization – Administrative offices.
2.108.040 Public records available.
2.108.050 Index.
2.108.060 List of laws which exempt or prohibit disclosure.
2.108.070 Public records officer.
2.108.080 Requests for public records.
2.108.090 Response to public records requests.
2.108.100 Copying and delivery fees.
2.108.110 Protection of public records.
2.108.120 Exemptions.
2.108.130 Review of denials of public records requests.
2.108.140 Adoption of form.
2.108.150 Availability of pamphlet.
2.108.160 Retention and destruction of public records.
2.108.170 General guidelines for common exemptions for County records.
2.108.180 Electronic records.
2.108.010 Purpose.
The purpose of this chapter is to provide rules for the County to implement the provisions of Chapter 42.56 RCW relating to public records of San Juan County. This chapter is not intended to provide rules for access to court documents; such access to court documents is a matter of the common law, not Chapter 42.56 RCW or this chapter. This chapter is not intended to provide rules regarding access to public records of the state of Washington, such as the Judicial Information Systems (JIS), even though those state documents may be available at computer stations located in San Juan County. The rules and policies regarding the creation of customized electronic records are found at Chapter 2.96 SJCC. (Ord. 10-2008 § 2; Ord. 6-2005 § 1)
2.108.020 Definitions.
A. The definitions set forth in RCW 42.56.010 shall apply to this chapter.
B. “Intra-agency memoranda” includes, but is not limited to, memoranda from one member of the agency staff to another within the department and memoranda by members of the agency staff of one County elected official to the agency staff of another County elected official.
C. “Public record” includes any writing (defined in subsection (F) of this section) prepared, owned, used, or retained by the County, which contains information relating to the conduct of government or the performance of any governmental or proprietary function. Public records do not include personal appointment calendars, telephone messages, or information downloaded from websites. Public records do not include personal notes, uncirculated preliminary drafts, and unsigned or incomplete correspondence or other documents.
D. “Public records officer” means the official responsible for the County’s compliance with the Public Records Act, Chapter 42.56 RCW, and for the implementation of this chapter. The County elected officials may designate one or more persons to assist in the implementation and application of this rule.
E. “County” is the municipal corporation of San Juan County, Washington. Collectively, the County includes the County elected officials which includes the County council, assessor, auditor, treasurer, clerk, sheriff, prosecuting attorney/coroner, district court judge, and superior court judges, and each department, board or citizen committee appointed by such officials. The term “County” includes the paid employees and volunteers of the County.
F. “Writing” means any information (e.g., words, numbers, symbols, images, and sounds) recorded in any media (e.g., handwritten, typewritten, printed, electronic, photographic, and video and audio recording), as defined in RCW 42.56.010. A writing includes e-mail.
G. The word “you,” or “your,” when used in this chapter, refers to a person who requests access to public records. (Ord. 10-2008 § 3; Ord. 6-2005 § 2)
2.108.030 Function – Organization – Administrative offices.
San Juan County is formed and organized pursuant to Article XI of the Constitution of the state of Washington and state statutes and a “home rule” Charter. The County is a local agency as defined by RCW 42.56.010.
The County is organized with 14 elected officials, including the County council with six members, the assessor, the auditor, the treasurer, the clerk of the superior court, the prosecuting attorney/ex officio coroner, the sheriff, the district court judge, and the superior court judge. Each office may have departments that report to the elected official. The County council appoints a County administrator who serves as the chief administrator of the County. The County council has established and appointed departments, committees and boards including the departments of public works, health and community services, community development and planning, administrative services, human resources, etc. The boards and committees of the County include paid and volunteer members.
The County compiles its procedures and laws in the County code. This code, together with state law, and other policies state the general course and method by which the operations of the County are channeled and determined, including the nature and requirements to create and retain formal and informal procedures.
Each of the elected officials operates independently on matters of policy and procedure within the scope of their statutory duties. Accordingly, inquiries and correspondence concerning a matter within the responsibility of a particular elected official should be directed to the elected official if known; or, if not known, then to the County Administrator, 350 Court Street No. 5, Friday Harbor, WA 98250, phone 360-378-3870. Other locations of County offices are Orcas Island and Lopez Island. The County seat is located in Friday Harbor. (Ord. 10-2008 § 4; Ord. 6-2005 § 3)
2.108.040 Public records available.
Public records are available for public inspection and copying pursuant to these rules except as otherwise provided by RCW 42.56.070 and the exceptions set out in Chapter 42.56 RCW, and any other federal or state statute, court rules, or these rules. The place of inspection shall be the office of the Public Records Officer, 350 Court Street, Friday Harbor, unless otherwise agreed to by the official at the time of responding to a request. Public records shall be available for inspection and copying from 8:30 a.m. to noon and from 1:00 p.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The public records officer may request that the person seeking to inspect or copy the records make an appointment to inspect the records within five days of submitting the request for records. (Ord. 10-2008 § 5; Ord. 6-2005 § 4)
2.108.050 Index.
Each elected official is encouraged to develop a system for filing and retrieving documents. These documents may include final decisions, statements of policy and interpretations, administrative staff manuals, planning policies and goals, factual staff reports and studies and correspondence. This system may or may not include an index of the contents of each file. Where no such index is provided, the elected official shall publish an order in lieu of index explaining why it would be unduly burdensome to formulate and maintain such an index. The volume of correspondence received by or sent by the County makes it unduly burdensome to maintain an index for all such correspondence. Any person who requests documents is entitled to an explanation of the system for filing and retrieving documents so that they may identify documents available as public records. (Ord. 6-2005 § 5)
2.108.060 List of laws which exempt or prohibit disclosure.
The County hereby adopts the list of laws maintained by the Municipal Research Services Center (MRSC – www.mrsc.org) as the list containing every law, other than those listed in RCW 42.56.070, which the County believes exempts or prohibits disclosure of specific information or records of the County. Any elected official or department head may adopt the MRSC list or establish their own list. (Ord. 10-2008 § 6; Ord. 6-2005 § 6)
2.108.070 Public records officer.
The public records officer for San Juan County is the person holding the position of risk manager, whose address is: Risk Manager, 350 Court Street, #5, Friday Harbor, WA 98250. (360) 378-3870. The public records officer shall be responsible for the implementation of these rules and regulations regarding release of public records, and generally assuring compliance with the public records disclosure requirements of Chapter 42.56 RCW. The public records officer is responsible for assuring that a prompt and timely response is made to a public records request. Where appropriate, the public records officer will enlist the assistance of other officials and their employees in responding to public records requests. The public records officer may request that other County departments and elected officials coordinate their responses to public records requests to assure that a consistent and uniform response is made by the County. (Ord. 10-2008 § 7; Ord. 6-2005 § 7)
2.108.080 Requests for public records.
In accordance with requirements of Chapter 42.56 RCW that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:
A. To assure a consistent response to public records, all requests for public records shall be directed first to the public records officer.
B. Many requests for public records can be handled quickly and informally without the need for a formal written request to the public records officer. You may ask in person, to look at a document, or get a copy of a document. You may also ask informally in writing, by letter or electronic mail. The public records officer may request that any verbal request be put in writing before a response is required.
C. The public records officer shall require a signed, written request for all requests in which the response will exceed 100 pages, any request for oversized documents, any request that is not for a specifically identified document, any request for a document that has portions that are exempt from disclosure, any request for a list of names, and any request concerning a topic that is the subject of a current or anticipated claim or litigation. A written request helps the County make sure that you get all the information you have requested, assists in assuring that the decision to withhold records is properly made, and that the charges for copies are proper.
D. It is encouraged that you make a written request for public records on the “public records request” form provided by the County. A uniform form for all elected officials is available from the public records officer, and also at the County’s Internet site. You may also submit a written e-mail or letter that contains the information listed below.
E. All written requests must include the following information:
1. Your name, address, and telephone number.
2. The date on which you submit your request.
3. A clear indication, such as a document heading or title such as “A Public Records Request” so that it is clear that you are requesting public records pursuant to the Public Records Act, to help make sure that the request is handled properly. Do not combine your request for public records with communications for other purposes. E-mail requests shall contain the subject line “Public Records Request.”
4. Whether you want to inspect the public records or get copies, or both.
5. A clear description of the public records you want so that public records officer and staff can find the records, including the time period for the records and the departments of the County or office of the County official who may have the public records. If you know how the public records are described in the index maintained by the County, provide that description to assist the County to identify the public records you want to review.
6. If the request is for a list of names, a statement that the list will not be used for any commercial purposes.
7. Whether you are requesting print or electronic copies of the record.
F. The public records officer will make a reasonable effort to assist in identifying and describing the filing systems of the County to assist you in describing your request.
G. Requests for inspection of public records in databases that are maintained by the state of Washington, or other government agency, will be subject to such additional rules and regulations of that agency. As an example, the judicial information services assemble information available through the County clerk. The forms required for inspection and the fees charged for inspection or copying state records are set by the state agency, not by this chapter. (Ord. 10-2008 § 8; Ord. 6-2005 § 8)
2.108.090 Response to public records requests.
The County public records officer will assist any person making an informal or a formal request in identifying the requested records.
A. There is no obligation to provide the record on demand.
B. The public records officer shall respond promptly to requests for disclosure. Within five business days of receiving a public record request, the public records officer will respond in writing by:
1. Providing the record;
2. Acknowledging that the office has received the request and providing a reasonable estimate of the time the office will require to respond to the request; or
3. Denying the public record request. The public records officer’s response refusing in whole, or in part, the inspection of a public record shall include a statement of the specific exemption authorizing the withholding of the record (or any part) and a brief explanation of how the exemption applies to the record(s) withheld.
C. Additional time for the County to respond to a request may be based upon the need to:
1. Clarify the intent of the request;
2. Locate and assemble the information requested;
3. Notify third persons or agencies affected by the request; or
4. Determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.
D. In acknowledging receipt of a public record request that is unclear, the public records officer may ask the requester to clarify what information the requester is seeking. If the requester fails to clarify the request, the public records officer need not respond to it.
E. If the public records officer does not respond in writing within five working days of receipt of the request for disclosure, the person seeking disclosure shall contact the public records officer to determine the reason for the failure to respond, and request review of the denial by the prosecuting attorney. If the public records officer responds within five working days acknowledging receipt of the request and providing an estimate of the time required to respond to the request, and the requester feels the amount of time stated is not reasonable, the person seeking disclosure shall be entitled to petition the prosecuting attorney for a review of the estimate of time.
F. In the discretion of the public records officer, documents may be provided for inspection or copying in installments. If within 30 days after making the documents available the requestor fails to inspect the entire set of records in one or more installments, the public records officer may close the public records request.
G. When the inspection of the public records is complete and all copies have been provided, the public records officer will indicate that the County has completed a diligent search for the requested record and made any nonexempt records available for inspection.
H. When a requestor either withdraws the request or fails to fulfill his or her obligation to timely inspect documents or communicate intentions regarding the request or fails to pay a deposit or final payment for requested copies, the public records officer will close the request.
I. If, after responding to a public records request, the County becomes aware of additional responsive documents that existed as of the date of the request, it will notify the requestor of the additional documents and provide them promptly.
J. When a request for public records concerns a subject that is known to the public records officer to involve a claim or lawsuit that is pending or anticipated, the public records officer shall promptly notify the prosecuting attorney. Each document provided in response to such a request shall be numbered near the lower right corner using a unique identifier such as a Bates stamp and a copy of the request, a copy of the written response, including all documents provided, shall be delivered to the prosecuting attorney. There shall be no charge to the requesting party for copies delivered to the prosecuting attorney. (Ord. 10-2008 § 9; Ord. 6-2005 § 9)
2.108.100 Copying and delivery fees.
A. No fee will be charged for the inspection of a public record. No fee will be charged for locating public records and making them available for copying. A reasonable fee will be charged to reimburse the County for the costs of providing the copies of the public records. No fee will be charged for searching for public records, redacting portions of the record which are exempt from disclosure, or preparing an index of exempt documents. The public records officer may waive the fee for fewer than 100 pages on the basis that the expense of processing the payment exceeds the costs of providing the copies. Payment shall be made by check payable to “San Juan County Treasurer.” Any request for more than 100 pages of documents, oversized documents, photographs, tape recordings and computer disks may be sent to a private copy shop for copying, in which case the fee shall be the actual charge imposed for copying, plus applicable taxes and shipping costs. The public records officer may require that all charges be paid in advance of the release of the copies.
B. The fee for providing copy of public records may be set by state statute. For example state law sets the fee for death certificates (RCW 70.58.107); court papers (RCW 3.62.060) (Chapter 36.18 RCW and CR 17(4)); duplication of electronic tapes of a court proceeding (RCW 3.62.060); traffic accident reports (RCW 46.52.085); and criminal history information (RCW 10.97.100). Where the state or federal law sets a fee for providing a copy of a record, that fee will be charged.
C. At the option of the public records officer, electronic records may be printed out prior to copying and delivery. If the electronic record is large and not capable of being printed out, then the document may be provided electronically in the format in which the record is maintained by the County or in Adobe PDF format. There is no obligation of the County to convert an electronic record to a different format.
D. Unless a fee is fixed by another federal, state or County ordinance, the following fee schedule is applicable. This fee schedule reflects the cost per page considering the staff time spent making the copies.
Fee schedule:
|
8-1/2 by 14 or less copies: |
$0.15 per page |
|
Greenbar computer printouts |
$1.00 per page |
|
Oversized copies |
$1.00 per page |
|
Color maps |
$5.00 per square foot |
|
All items sent to private copy shop: |
Actual charge plus postage and delivery |
|
Tapes or compact disc |
$20.00 for each tape or compact disc |
|
Postage |
Actual charge |
|
Fax (8-1/2 by 11 only) |
$1.00 per page |
|
Envelopes |
$1.00 each |
|
Electronic records |
See Chapter 2.96 SJCC |
(Ord. 6-2005 § 10)
2.108.110 Protection of public records.
A. Except as necessary to make copies by a public employee or private copy shop, the public records officer shall, to the extent practicable, ensure that records requested are not removed from the premises nor portions thereof removed by members of the public. Documents shall not be released to the public for the purpose of allowing the person making the request to make copies.
B. No public records shall be filed or retained at any location other than the County-owned property. Any public record that is prepared at an off-site location, such as a residence, shall be promptly delivered to the County for filing.
C. There is no obligation to provide duplicate copies of a public record. Electronic records are easily duplicated and often transferred to inactive media such as tapes for security purposes. To prevent interference with essential functions of the County, there is no obligation to respond to a public records request by searching backup tapes or other media for identifiable records. (Ord. 10-2008 § 10; Ord. 6-2005 § 11)
2.108.120 Exemptions.
A. If the public records request falls within one of the exceptions of the law requiring disclosure, a formal written request for the record must be made. The formal written request helps the County make sure that its decision to disclose or withhold a public record is made properly and that the requester obtains the appropriate public records.
B. The County reserves the right to determine that a public record requested is exempt under the provisions of Chapter 42.56 RCW or other law.
C. All County employees are encouraged to clearly identify records that are subject to exemptions and label the documents and files containing the documents accordingly. The label for exempt documents should read as follows:
All or part of this document is exempt for public disclosure pursuant to RCW 42.56 [cite other applicable statutes]. Requests for public disclosure of this document or parts thereof, should be referred immediately to the [name], the Public Records Officer for San Juan County.
D. Some of the records of the County are protected by the attorney-client privilege and/or the attorney work product doctrine. The prosecuting attorney in the course of representing County elected officials or departments may, at times, possess materials or copies of materials from such agencies that are exempt from disclosure. Guidelines for evaluation and use of the attorney-client privilege have been prepared by the attorney general and should be consulted by the public records officer before releasing such documents.
E. A request for records that originate from another County office or state agency shall be referred to the public records officer in possession of the record. Unless instructions to the contrary are provided, the public records officer shall assert exemptions applicable to the agency or agencies which transmitted the material to the office.
F. Pursuant to RCW 42.56.070, the County reserves the right to delete identifying details when it makes available or publishes any public record, in any case when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by Chapter 42.56 RCW. The public records officer will fully justify such deletion in writing. (Ord. 10-2008 § 11; Ord. 6-2005 § 12)
2.108.130 Review of denials of public records requests.
A. Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review to the prosecuting attorney for the County. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the denial.
B. Immediately after receiving a written request for review of a decision denying a public record, the prosecuting attorney for the County shall request a response from the public records officer or other staff member denying the request. The prosecuting attorney, or his or her designee, shall immediately consider the matter and either affirm or reverse such denial within two business days following the receipt of the written request for review of the denial of the public record.
C. Administrative remedies shall not be considered exhausted until the prosecuting attorney or his or her designee has made a written decision, or until the close of the second business day following receipt of the written request for review of the denial of the public record, whichever occurs first.
D. For purposes of the public disclosure laws, the County shall have concluded a public record is exempt from disclosure only after the review conducted under this section has been completed. No lawsuit to compel the production of a public record, penalty or attorney fees shall be brought before administrative remedies have been exhausted by the party seeking the record. (Ord. 6-2005 § 13)
2.108.140 Adoption of form.
The County hereby adopts for use by all persons requesting inspection and/or copies of records of any official or department of the County the form set out below. This form will be maintained by the San Juan County prosecuting attorney. It is available at the website of the prosecuting attorney at www.co.san-juan.wa.us/prosecutor. (Ord. 6-2005 § 14)
2.108.150 Availability of pamphlet.
The Office of the Attorney General has a pamphlet available, written in plain language, explaining the provisions of the Public Records Act. Requests for a copy of the pamphlet should be directed to the Public Records Officer, Office of the Attorney General, P.O. Box 40100, Olympia, Washington 98504-0100. Additionally, a deskbook pertaining to the Public Records Act is available at the website for the Washington State Attorney General. (Ord. 6-2005 § 15)
2.108.160 Retention and destruction of public records.
The Washington State Archivist has developed retention schedules for many categories of local government records including e-mail and electronic records. Records of the County should be retained and destroyed consistent with the retention schedules. Copies of the retention schedules are available from Archives and Records Management of the Office of the Secretary of State and online at the state website. If a public record request is made at a time when a record exists, but is scheduled for destruction in the near future, the public records officer shall direct that the record be retained until the request is resolved.
E-mail is not considered a records storage system. Public record information should be retained on e-mail only as long as it is being worked on or distributed. Upon completion, e-mail that is official correspondence, minutes, or official messages documenting action must be printed out by the author or recipient and filed and the electronic copy deleted from the electronic mail system. Informational copies of e-mail and draft documents may be deleted at any time. The prosecuting attorney discourages the use of e-mail to document advice requested from legal counsel or to respond to legal questions.
Backup copies of public records performed by central services staff are not a substitute for records retention. Retention is the responsibility of the sender of the document, not the backup process. Backups are for disaster recovery only. To avoid interference with government operations, backup tapes will not be examined in response to a public records request. (Ord. 6-2005 § 16)
2.108.170 General guidelines for common exemptions for County records.
Public records officers should read the exemptions for public records and consult the lists of provisions that exempt or prohibit disclosure of documents or information on public records on a regular basis. Listed below are the subjects of exemptions which may present concerns regarding disclosure. Any denial of a request for public records should refer directly to the reference under state or federal laws. If a request concerns any of the following topics, the public records officer should closely examine the request and the applicable statutes which may prohibit or restrict access and consult with the prosecuting attorney prior to responding to a public records request:
A. Job application materials;
B. Residential addresses and personal phone numbers of employees and volunteers;
C. Personnel files of current and retired employees and volunteers;
D. Private communications of current and former employees;
E. Taxpayer information that is private;
F. Investigative records compiled by law enforcement, probation officers and code enforcement officers;
G. Identity of witness to a crime or persons who file complaints with investigation and law enforcement agencies including the sheriff, prosecuting attorney and code enforcement officers;
H. Test questions, scoring keys or information for employment examinations;
I. Real estate appraisals made for an agency relative to the acquisition or sale of property;
J. Valuable designs, formulae, drawings and research data;
K. Preliminary drafts, notes, recommendations in which opinions are expressed as part of the deliberative process;
L. Attorney work product pertaining to pending, threatened or completed litigation;
M. Records, maps or other information identifying the location of archeological sites;
N. Complaints and investigative records compiled in connection with claims of discrimination in employment;
O. Credit card numbers;
P. Records prepared to prevent, mitigate or respond to criminal terrorist acts;
Q. Information regarding the infrastructure and security of telecommunication networks;
R. Medical records and information;
S. Information pertaining to victims of crime;
T. Information regarding organized crime;
U. Traffic accident reports prepared by citizens;
V. Industrial insurance claim files and records; and
W. Identity of child victims of sexual assault. (Ord. 6-2005 § 17)
2.108.180 Electronic records.
A. Process. The process for requesting electronic records is the same as for requesting paper records.
B. Providing Electronic Records. When a requestor requests records in an electronic format, or when providing records in electronic format will be less of a burden to the County, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the County and is generally commercially available or in a format that is easily and reasonably translatable from the format in which the agency keeps the records.
C. Customized Access to Databases. The County may provide customized access under RCW 43.105.280 if the record is not reasonably locatable or not reasonably translatable into the format requested. The County may charge a fee consistent with RCW 43.105.280 for such customized access. (Ord. 10-2008 § 12)