Public Records Disclosure
Contents
- Introduction
- Open Government Advisor
- Model Rules and Statute Reorganization
- Reference Sources
- Documents
- Related MRSC Pages
Introduction
In 1972 the voters in state of Washington adopted Initiative 276, which requires that most records maintained by state, county, city governments, and all special purpose districts 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 local government 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." (
).
Open Government Advisor
The Open Government Advisor is a series of short articles dealing with Public Records Act (PRA) issues, often recent court decisions that provide guidance on how cities should handle public records disclosure requests.
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. The Attorney General's Open Government Internet Deskbook, Chapter One, provides excellent guidance in determining what is a public record.
In November of 2009 we revised our publication regarding public records disclosure. It is now titled: Public Records Act for Washington Cities, Counties and Special Purpose Districts" (
) . The publication contains several appendices, including recodification tables, research notes useful for attorneys, and reprints of the Model Rules for disclosure and the WAC regulations concerning preservation of electronic records. You can download the publication and print it out if you find a paper copy useful. MRSC will update this publication electronically on a frequent basis.
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.
- Exemption and Prohibition Statutes Not Listed in Chapter 42.56 RCW - Appendix C to Public Records Act for Washington Cities and Counties. (
), MRSC, Report No. 61 Revised, November 2009. If you notice any errors or omissions from the list, please contact MRSC legal consultant Jim Doherty.
- Frequently Asked Questions (FAQs)
- How to Obtain Public Records guide from the Coalition for Open Government. This web page provides information that could be helpful to citizens wanting information about how to obtain records from specific local government agencies.
- 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.
- Open Government Advisor - A series of short articles dealing with Public Records Act (PRA) issues, often recent court decisions that provide guidance on how cities should handle public records disclosure requests.
- Public Officials and Public Records - Records Management Online: Public Officials and Public Records - Washington State Archives and Records Management - An interactive online resource intended to introduce newly elected and newly appointed public officials to the new world of public records and their new responsibilities.
- Selected Cases and Research References - Appendix A to Public Records Act for Washington Cities and Counties. (
), MRSC, Report No. 61 Revised, November 2009. [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 Association of Public Records Officers - A non-profit corporation founded to provide education on the Public Records Act to public disclosure practitioners and to provide a forum for public records officers and those involved in responding to public records requests to discuss issues associated with the Act.
- 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.
Documents
Local Government Documents
- Anacortes
- Ordinance No. 2745 (
) adopting public records disclosure rules, passed August 21, 2006
- Ordinance No. 2747 (
) amending Section 5(3) of Ordinance No. 2745, passed October 2, 2006
- Ordinance No. 2745 (
- Auburn - Letter acknowledging receipt of request and estimating time for response (
)
- Bellevue - Bellevue Municipal Code Ch. 2.26 - Public Records
- Bellevue Records and Information Management Program (
), Updated 6/26/07
- Bellevue Records and Information Management Program (
- Bellingham - Public Disclosure Guidelines (
)
- Bothell - Resolution No. 1173 appointing the city clerk as the public records officer of the city (
)
- Bremerton - Public Records Act Rules (
)
- Clyde Hill - Request for Access to Public Records (
)
- Des Moines
- Edmonds - Public Records Disclosure Request Form (
)
- Issaquah - Ordinance No. 2551 (
) adopts new regulations governing the disclosure of public records, passed March 2, 2009
- Kennewick
- Administrative Policy 6.28 - Requests for Access to or Copies of Public Records
- Submit a Public Records Request - Forms include Public Records Request Form, Fire Incident Report Request Form, Police Records Request Form
- Kent - Ordinance No. 3588 (
) This ordinance amends and adds to Chapter 1.05 of the Kent Municipal Code, dealing with public records indexes and records requests under the Public Disclosure Act. Adopted 3/02.
- Mountlake Terrace - Resolution No. 483
- SeaTac - Public Records Disclosure Request Form (
)
- Sequim
- Skagit County
- Snohomish County - Ordinance No. 03-024 (
), repeals and replaces Ch. 2.51, Public Records Disclosure.
- Tukwila Municipal Code Ch. 2.21 (
) - Public Records Indexes and Records Requests Under the Public Disclosure Act
- Union Gap - Public Records Act Disclosure Policy (
)
- Walla Walla - Letter acknowledging receipt of request and estimating time for response (
)
Articles and Miscellaneous
- Attorney General Memo on WAC 434-662 - Preservation of Electronic Records (
) - Memo opinion from Office of the Attorney General, dated April 28, 2009 - Opinion on application of WAC 434-662 to local governments.
- Performance Audit Report: Open Public Records Practices at 30 Government Entities (
), Report No. 1000011, Washington State Auditor, May 2008
- Basic Principles of Public Records Disclosure. This article by one of the MRSC staff attorneys was first published in the Courthouse Journal in November of 2001. It provides a brief overview. Detailed analysis of public records disclosure issues is provided by more comprehensive articles and links available on this page.
- Electronic Records, Public Disclosure and Privacy, Presentation to the Washington State Association of Municipal Attorneys, Spokane, WA, October 5, 2000, by Steve Gross and Ted Inkley, Seattle City Attorney's Office.
- How to Respond to a Request for Personnel Records Under the Public Disclosure Act, by Bruce Shroeder, Summit Law Group, MRSC HR Advisor, September, 2003.
- Memorandum regarding 2002 legislation related to Public Disclosure, Terrorism and Domestic Preparedness (
), by Assistant Attorney General Nancy Krier, dated 6/4/02. (Laws of 2002, Chapter 335, effective 6/13/02).
- Open Records & Open Meetings Deskbook, prepared with the oversight of the Attorney General's Office (and some help from Bob Meinig, MRSC Legal Consultant). This is an excellent overview of both subject areas. The Deskbook is an excellent resource for local government officials and attorneys.
- Public Disclosure and GIS Digital Data in Washington (
), David Rideout, Spokane County Public Works Department, Division of Engineering and Roads, Geographic Information Manager. WA-URISA Conference, April 6, 2004
- Public Records: A Balancing Act for Cities (
), Association of Washington Cities, December 2010
- Public Records Act for Washington Cities and Counties, MRSC Report No. 61 Revised, November 2009. (
)
- Public Records In An Electronic World, by Tamara Watts. Preston, Gates & Ellis.
- Records Retention Schedules See Records Management - Local Government - Washington State Archvies and Records Management
Related MRSC Resources

