Chapter 2.96
PUBLIC ACCESS TO
ELECTRONIC INFORMATION
Sections:
2.96.010 Purpose.
2.96.020 Definitions.
2.96.030 Electronic records – Procedures.
2.96.040 Custom electronic products – Procedures.
2.96.010 Purpose.
San Juan County is committed to open government and to a policy which promotes and provides full public access to its electronic information. This policy will address and guide the County’s response to requests for electronic information from citizens, news media, and other public entities.
The County has long recognized the value of maintaining current information and has invested in sophisticated computer technology that can effectively collect, store, manage, analyze and display large amounts of information. The County is committed to managing these electronic information systems in a cost-effective manner while protecting the privacy of citizens, customers, taxpayers, and employees as defined by the Public Disclosure Act and other laws.
For purposes of this policy two classifications of electronic information have been recognized: electronic records and custom electronic products. Electronic records qualify as public records under the Public Disclosure Act, and their disclosure is fully subject to the provisions of the law. The production of custom electronic products differ from electronic records and are not subject to the Public Disclosure Act. (Res. 77-1997)
2.96.020 Definitions.
A. Electronic Records. The County produces and maintains electronic records to maximize efficiency in fulfilling its basic public service functions. These electronic records relate to the operation and conduct of County government and typically include financial data, property records, property assessment records, filed documents, maps, etc. Once produced in the course of governmental activity, electronic records become public records unless exempted or privileged by state or federal law.
B. Custom Electronic Products. The County has the capability to create new electronic products from existing electronic records. These are referred to as custom electronic products. These products do not exist at the time of a request. To come into existence, these products must be created by performing any of the following: acquiring data, running queries, programming software, testing models, reformatting data, or configuring the product in order to respond to a specific request. (Res. 77-1997)
2.96.030 Electronic records – Procedures.
A. All requests for electronic records will be made to the department head or elected official who is the keeper of the record. The County will respond to a request within five working days as to whether or not the request can be satisfied and to give an estimate of the cost and delivery time pursuant to RCW 42.17.320 as now stated or hereafter amended. All affected departments will be consulted prior to issuing a response.
B. Requests for electronic data may be denied by the County if:
1. The request is for anything prohibited or exempted or privileged by Chapter 42.17 RCW or other state or federal laws as now stated or hereafter amended.
2. The request is for proprietary data which the County has obtained under a license from others and the license does not permit such distribution or publication.
C. The fee for providing electronic data shall include the direct costs of material needed to provide a copy of the requested information, but not the overhead for system maintenance or upgrading consistent with Chapter 42.17 RCW as now stated or hereafter amended.
D. The County does not warrant nor in any way guarantee the accuracy nor completeness of the data subject to access by the public. One seeking such data may be asked to sign affidavit to release records which will include a disclaimer of warranty prior to the access to County data being approved. (Res. 77-1997)
2.96.040 Custom electronic products – Procedures.
A. 1. All requests for custom electronic products will be made to the appropriate department or to the auditor who shall refer requests to the appropriate department and provide a coordinated response. Due to the possibility of a complex request, the County will attempt to respond within five working days as to whether or not the request can be satisfied, and if possible, give an estimate of the cost and delivery time.
2. An appeal by the requesting party of the refusal to create a custom electronic product or regarding the fee for creating one must be made in writing within 10 business days of the receipt of the written refusal or approval and fee to the auditor. The appeal must state with specificity what relief the appealing party desires and the reasons supporting the appeal. The management information services committee shall consider such a request at a special meeting and reply in writing no later than 20 business days after the appeal is received. The department most affected by the appeal shall have an opportunity to respond to the appeal in writing. The appealing party and the department head of the most affected department shall both be given notice of the special meeting at least 48 hours in advance of the meeting, and each one shall have a right to orally argue briefly to the committee. All deliberations shall be public unless specific information exempted by Chapter 42.17 RCW or exempted or privileged by state or federal law must be discussed to resolve the appeal. The final judgment of the committee shall be in writing and may include supportive reasons.
3. Fees shall be identified in writing in advance of providing the custom electronic product. An estimated payment fee or a signed agreement must be received before the work will be performed.
B. The affected department head/elected official may deny a request for any of the following reasons:
1. The private sector has the ability to produce the requested product at a competitive price;
2. The existing workload of the affected staff is such that the work cannot be accommodated;
3. The request is for anything prohibited by Chapter 42.17 RCW now stated or hereafter amended;
4. The request is for proprietary data which the County has legally obtained under a license from others and the license does not permit such distribution or publication;
5. The County does not have the hardware or software facilities or personnel resources to satisfy the request.
C. Written agreements will be required before the County will provide any custom electronic product and will include:
1. Price;
2. A provision as to whether the information will be updated, and how often;
3. A warranty disclaimer as approved by the prosecuting attorney.
D. Other License Agreements. The County will comply with the terms of all legally acquired software licenses, copyrighted materials and license agreements.
E. The County may at any time enter into a mutual agreement with a public or private entity for sharing in the production costs of a custom electronic product.
F. Unlike with public records there is no requirement in the Public Disclosure Act to provide custom electronic products and thus they are exempt from the Act’s provisions such as charging only for cost of reproduction. Therefore, if the County does choose to create a custom electronic product, it shall charge a fee consisting of the following:
1. Design and processing costs to the County, including any charge-back fees paid to another public agency or service bureau;
2. Actual costs of salary and benefits for the employee or employees required for consulting and/or producing the custom electronic product;
3. Reasonable overhead charges;
4. Current postal and freight charges;
5. Actual costs for magnetic tapes, computer paper, microfiche, disks, and/or other media formats used to provide the custom electronic product;
6. Any other consulting fee, subcontractor fee, or service cost incurred as a result of providing a secondary service;
7. A reasonable charge to help defray the operational hardware and software maintenance costs.
G. Once a custom electronic product is produced it becomes a public record subject to Chapter 42.17 RCW and other state or federal laws governing such records. The County reserves the right to purge the product from its files subject to applicable law. (Res. 77-1997)