3812 Public Records Policy
Policy
Policy Name: Public Records
Policy Number: 3812
Applicable Code/Law: RCW 42.17, RCW 28B.50.140(13) and RCW 42.17.260(5)
132G-276-010
Purpose.
The purpose of this chapter shall be to ensure compliance by the college with the
provisions of chapter 42.17 RCW, Disclosure—Campaign finances—Lobbying—Records; and
in particular with RCW 42.17.250 - 42.17.320 of that act, dealing with public records.
132G-276-020
Definitions.
(1) Public records. "Public record" includes any writing containing information relating to the conduct
of government or the performance of any governmental or proprietary function prepared,
owned, used or retained by any state or local agency regardless of physical form or
characteristics.
(2) Writing. "Writing" means handwriting, typewriting, printing, photo stating, photographing,
and every other means of recording any form of communication or representation, including
letters, email, words, pictures, sounds, or symbols, or combination thereof, and all
papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or
punched cards, discs, drums and other documents.
132G-276-050
Public records available.
All public records of the college, as defined in WAC 132G-276-020 and RCW 42.17.020
are deemed to be available for public inspection and copying pursuant to these rules,
except as otherwise provided by law.
132G-276-060
Public records officer.
The college's public records shall be in the charge of the public records officer
designated by the college president. The person so designated may in turn designate
persons in the administrative office to implement this section. The public records
officer and his or her designees shall be responsible for the following: The implementation
of the college's rules and regulations regarding release of public records, coordinating
the staff of the college in this regard, and generally insuring compliance by the
staff with the public records disclosure requirements of chapter 42.17 RCW.
132G-276-070
Office hours.
Public records shall be available for inspection and copying during the customary
office hours of the college. For the purposes of this chapter, the customary office
hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through
Friday, excluding legal and other college holidays.
132G-276-080
Requests for public records.
In accordance with requirements of chapter 42.17 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 copied or copies of such records may be obtained, by members of the
public, upon compliance with the following procedures:
(1) A request shall be made in writing upon a form prescribed by the college which
shall be available at its administrative office on the campus. The form shall be presented
to the public records officer and/or his or her designees, at the administrative office
on the campus during customary office hours. The request shall include the following
information:
(a) The name of the person requesting the record;
(b) The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) If the matter requested is referenced within the current index maintained by the
records officer, a reference to the requested record as it is described in such current
index;
(e) If the requested matter is not identifiable by reference to the current index,
an appropriate description of the record requested.
(2) In all cases in which a member of the public is making a request, it shall be
the obligation of the public records officer and/or his or her designees, to assist
the member of the public in appropriately identifying the public record requested.
(3) The public records officer and/or his or her designee to whom the request is presented
shall respond promptly by:
(a) Making the requested document available;
(b) Acknowledging receipt of the request and providing a reasonable estimate of the
time required to respond to the request;
(c) Stating that such a document does not exist;
(d) Asking for clarification of the document requested; or
(e) Denying access to some or all of the document because portions of the document
are exempt from public inspection.
132G-276-090
Charges for public records
No fee shall be charged for the inspection of public records. The college imposes
a charge for providing copies of public records. Calculating the actual costs of charges
for providing public records is unduly burdensome because it will consume scarce college
resources to conduct a study of actual costs, and it is difficult to accurately calculate
all costs directly incident to copying records, including equipment and paper costs,
data storage costs, electronic production costs, and staff time for copying and sending
requests. Instead of calculating the actual costs of charges for records, the college
president or designee shall establish, maintain, and make available for public inspection
and copying a statement of costs that the college charges for providing photocopies
or electronically produced copies of public records, and such charges for the records
shall not exceed the maximum default charges allowed in RCW 42.56.120(2)(b). The college
may also use any other method authorized by the Public Records Act for imposing charges
for public records including, but not
limited to, charging a flat fee, charging a customized service charge, or charging
based on a contact,
memorandum of understanding, or other agreement with the requestor. The college may
waive
charges assessed for records when the public records officer determines collecting
a fee is not cost
effective.
132G-276-100
Exemptions.
(1) The college reserves the right to determine that a public record requested in
accordance with the procedures outlined in WAC 132G-276-080 is exempt under chapter
42.17 RCW or other law which exempts or prohibits disclosure of specific information
or records.
(2) In addition, pursuant to RCW 42.17.260, the college reserves the right to delete
identifying details when it makes available or publishes any public record, in any
cases when there is a statute or law authorizing nondisclosure of the requested material.
The public records officer and/or his or her designee will fully justify such deletion
in writing.
(3) All denials of requests for public records must be accompanied by a written statement
specifying the reason for the denial, including a statement of the specific exemption
authorizing the withholding of the record and a brief explanation of how the exemption
applies to the record withheld.
132G-276-110
Review of denials of public records requests.
(1) 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. The
written request shall specifically refer to the written statement by the public records
officer and/or his or her designees which constituted or accompanied the denial.
(2) Immediately after receiving a written request for review of a decision denying
a public record, the public records officer and/or his or her designee denying the
request shall refer it to the college president. The college president or his or her
designee shall immediately consider the matter and either affirm or reverse such denial
or consult with the attorney general to review the denial. In any case, the request
shall be returned with a final decision, within two business days following the original
denial.
(3) Administrative remedies shall not be considered exhausted until the college has
returned the petition with a decision or until the close of the second business day
following denial of inspection, whichever occurs first.
(4) Once the college denies a request for public records, the requester may request
the attorney general to review the denial. Pursuant to RCW 42.17.325, the attorney
general will provide the requester with an opinion whether the record is exempt from
disclosure.
132G-276-120
Protection of public records.
Requests for public records shall be to the public records officer and/or his or her
designees in the appropriate locations on the campus. Public records and a facility
for their inspection will be provided by the public records officer and/or his or
her designees. Such records shall not be removed from the place designated for their
inspection. Copies shall be made only at Shoreline College. If copying facilities
are not available at the college, the college will arrange to have copies made commercially
according the provisions of WAC 132G-276-090.
132G-276-130
Records index.
(1) Purpose. This rule is enacted in compliance with chapter 42.17 RCW, Disclosure—
Campaign finances—Lobbying—Records; and chapter 34.05 RCW, Administrative Procedure
Act; and in particular with RCW 42.17.260 and 34.05.220.
(2) Content. The public records officer shall maintain an index of final orders, declaratory
orders, interpretive statements, and policy statements, as defined by RCW 42.17.260(5),
issued after June 30, 1990, by the board of trustees of the college, the president
of the college, or their designees.
(3) Form. The index shall reference final orders, declaratory orders, interpretive
statements, or policy statements by one or more of the following classifications:
Date of implementation, organizational unit, or subject matter.
(4) Requests for access to indexes. Information regarding public inspection of indexes,
their location, and a schedule for revising and updating these indexes can be obtained
by contacting the public records officer.
132G-276-140
Adoption of form.
The college hereby adopts for use by all persons requesting inspection and/or copying
or copies of its records, the form attached hereto as Appendix A [WAC 132G-276-900],
entitled "Request for public record."
Approval
Recommended for Revision by Public Records Officer: 7/18/17
Recommended for Revision by Executive Team: 7/20/17
Reviewed/Approved by Board of Trustees: 7/24/17 (emergency rule status)