Chapter 2.108
PUBLIC RECORDS PROCEDURES
Sections:
2.108.030 Function – Organization – Administrative offices.
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.
2.108.130 Administrative review of actions by public records officer.
2.108.160 Retention and destruction of public records.
2.108.200 Requests for lists of individuals.
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 records; such access to court records 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 records may be available at computer stations located in San Juan County. (Ord. 9-2015 § 1; Ord. 10-2008 § 2; Ord. 6-2005 § 1)
2.108.020 Definitions.
Repealed by Ord. 9-2015. (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, 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 11 elected officials, including the County council with three 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. These officials have the duties and authorities as described in the statutes that pertain to each office. Each office may have deputies and employees who report to the elected official. The County council appoints a County manager to whom the County council delegates administrative duties as it sees fit. The County council has established and appointed departments, committees and boards including the departments of public works, health and community services, community development, administrative services, human resources, parks and fairs, etc. The boards and committees of the County include paid and volunteer members. (Ord. 9-2015 § 2; Ord. 10-2008 § 4; Ord. 6-2005 § 3)
2.108.040 Public records available.
Repealed by Ord. 9-2015. (Ord. 10-2008 § 5; Ord. 6-2005 § 4)
2.108.050 Index.
Repealed by Ord. 9-2015. (Ord. 6-2005 § 5)
2.108.060 List of laws which exempt or prohibit disclosure.
Repealed by Ord. 9-2015. (Ord. 10-2008 § 6; Ord. 6-2005 § 6)
2.108.070 Public records officer.
The public records officer for San Juan County is appointed by the County manager. The public records officer is responsible for the implementation of the rules and regulations regarding public records, and generally assuring compliance with the requirements of Chapter 42.56 RCW. Where appropriate, the public records officer will enlist the assistance of other officials and their employees in responding to public records requests. The name and contact information of the public records officer is available on the County website and in the County council office. (Ord. 9-2015 § 3; 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 to the public records officer in writing.
B. Public records requests should be submitted on the County’s website. If a requestor does not have access to the Internet, a “public records request” form is available from the public records officer and at the County council office. (Ord. 1-2017 § 1; Ord. 9-2015 § 4; Ord. 10-2008 § 8; Ord. 6-2005 § 8)
2.108.090 Response to public records requests.
The public records officer will assist any person making a public records request to identify the records that are sought.
A. There is no obligation to provide the record on demand.
B. The public records officer shall respond promptly to a request. Within five business days of receiving a public record request, the public records officer will respond in writing by taking one or more of the following steps:
1. Providing the record;
2. Providing an internet address and link on the County’s website to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the Internet, then the County will provide copies of the record or allow the requester to view copies using a County computer;
3. Acknowledging that the County has received the request and providing a reasonable estimate of the time it will take for the County to respond to the request; or
4. Denying the public record request. The public records officer’s response that withholds a record in whole, or in part, 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 records withheld.
C. Additional time for the County to respond to a request may be based upon the need to:
1. Clarify the description of the records sought;
2. Identify, locate and assemble the requested records and determine whether all or part of the records is exempt from disclosure; or
3. Notify third persons or agencies affected by 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. The public records officer should provide, to the greatest extent possible, a reasonable estimate of the time required to respond to the request if it is not clarified. If the requester fails to clarify the request within 30 days, and the entire request is unclear, the public records officer need not respond to it, and may close the request. However, the public records officer must respond to those portions that are clear.
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, or request review of the delay 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 request that the prosecuting attorney review the estimate of time.
F. In the discretion of the public records officer, records may be provided for inspection or copying in installments. If within 30 days after making the records available the requestor fails to pick up or inspect one or more installments of records, the public records officer may close the public records request.
G. When a requestor either withdraws the request or fails to fulfill his or her obligation to timely inspect records or communicate intentions regarding the request or fails to pay a deposit or any payment for requested copies, the public records officer will close the request.
H. When a request has been satisfied, withdrawn or abandoned, the public records officer will notify the requestor in writing that the request has been closed.
I. 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 and risk manager. Each record 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 records 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. 14-2017 § 1; Ord. 1-2017 § 2; Ord. 9-2015 § 5; 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 paper or electronic copies of 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 records. 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 records, oversized documents, photographs, audio recordings and computer disks may be sent to a private vendor for copying or scanning, in which case the fee shall be the actual charge imposed for copying or scanning, plus applicable taxes and shipping costs. All charges must be paid in advance of the release of the copies.
B. The fee for providing copies of public records may be set by state statute. Where the state or federal law sets a fee for searching or providing a copy of a record, that fee will be charged.
C. The public records officer shall establish, maintain, and periodically update a fee schedule. The fee schedule will be available on the County website and in the County council office. (Ord. 14-2017 § 2; Ord. 9-2015 § 6; 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 prepared by a County employee shall be filed or retained at any location other than County-owned property. Any public record that is prepared by a County employee 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. 14-2017 § 3; Ord. 10-2008 § 10; Ord. 6-2005 § 11)
2.108.120 Exemptions.
Public records that are not subject to disclosure under state or federal law, that are described as exempt by Chapter 42.56 RCW, or that are required to be withheld by any other law are exempt from disclosure under this chapter. A list of every law the County believes exempts or prohibits disclosure of specific information or records of the County will be available on the County website and in the County council office. (Ord. 9-2015 § 7; Ord. 10-2008 § 11; Ord. 6-2005 § 12)
2.108.130 Administrative review of actions by public records officer.
A. Any person who objects to the denial of a request for a public record, the closure of a public records request or the reasonable estimate of the charges to produce copies of public records may petition for prompt review of such action 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 action taken.
B. Immediately after receiving a written request for review of a decision of the public records officer, the prosecuting attorney shall request a response from the public records officer or other person who responded to the request. The prosecuting attorney will immediately consider the matter and either affirm or reverse such action within two business days following the receipt of the written request for review of the action.
C. Administrative remedies shall not be considered exhausted until the prosecuting attorney has made a written decision, or until the close of the second business day following receipt of the written request for review of the action of the public records officer, whichever occurs first.
D. For purposes of the public disclosure laws, the action of the public records officer becomes final only after the review conducted under this section has been completed. No lawsuit to review the action taken, compel the production of a public record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted by the party seeking the record. (Ord. 14-2017 § 4; Ord. 9-2015 § 8; Ord. 6-2005 § 13)
2.108.140 Adoption of form.
Repealed by Ord. 9-2015. (Ord. 6-2005 § 14)
2.108.150 Availability of pamphlet.
Repealed by Ord. 9-2015. (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. If a public record request is made at a time when a record exists, but is scheduled for destruction in the near future, the person with possession and control of the record shall retain the record until the request is resolved.
Backup copies of public records performed by information services staff are not a substitute for records retention. Retention is the responsibility of the sender of the record, 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. 9-2015 § 9; Ord. 6-2005 § 16)
2.108.170 General guidelines for common exemptions for County records.
Repealed by Ord. 9-2015. (Ord. 6-2005 § 17)
2.108.180 Electronic records.
Repealed by Ord. 9-2015. (Ord. 10-2008 § 12)
2.108.190 Informal requests.
Departments and offices of elected or appointed officials having records that have customarily been open to public inspection and/or copying may, at the option of the heads of such departments or offices, permit inspection and copying without requiring such requests be submitted to the public records officer. (Ord. 9-2015 § 10)
2.108.200 Requests for lists of individuals.
Pursuant to RCW 42.56.070(8), the County may not provide access to list of individuals requested for commercial purposes unless specifically authorized or directed by law. A requestor making a request that may contain a list of individuals is required to sign a declaration stating either:
A. The purpose of the request; or
B. That the requestor is specifically authorized or directed by law to obtain the list of individuals for commercial purposes, along with identification of such law. (Ord. 1-2017 § 3; Ord. 9-2015 § 11)