HomeMy WebLinkAbout23-12 - Res. Amending Res. 43-08 Mason County Public Records PolicyRESOLUTION NO. Z-S"
AMENDS RESOLUTION NO. 43-08
MASON COUNTY PUBLIC RECORDS POLICY
WHEREAS, Mason County is considered a public agency as defined in the
Public Records Act, RCW 42.56 and;
WHEREAS, the Mason County Board of County Commissioners adopted rules
and procedures for the County to implement the provisions of RCW 42.56 on April 1,
2008 and;
WHEREAS, it is in the interest of the County to periodically review and update its
policies and procedures.
NOW, THEREFORE, the Mason County Board of County Commissioners hereby
adopts the revised Mason County Public Records Policy as shown in Attachment A.
APPROVED this 316 day of
ATTEST:
PI
annon uou
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k of the : oard
APPROVED AS TO FORM:
Tim Whitehead, Chief DPA
2012.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
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Ufa Ring Erickso, Chair
Tim Sheldon, Commissioner
Steve Bloomfield, Commissioner
MASON COUNTY
PUBLIC RECORDS POLICY
A. Purpose
The purpose of this policy is to provide rules by which the County implements and ensures
compliance with the provisions of the Public Records Act RCW 42.56. This policy provides
guidance regarding requesting, providing and managing public documents.
B. Interpretation and Construction
The provisions of this policy shall be liberally interpreted and construed to promote full access to
the County's public records in order to assure continuing public confidence in government;
provided, that when making public records available, the County shall prevent unreasonable
invasions of privacy, shall protect public records from damage, loss, or disorganization, and
shall prevent excessive interference with essential government functions.
C. Public Records Available
Public records are available for public inspection and copying pursuant to this policy except as
otherwise provided by law Public records shall be available for inspection and copying during
regular business hours. The public records officer may ask the requestor to make an
appointment to inspect the records.
D. Public Records Officer Designated
The public records officer shall serve as the point of contact for members of the public who
request disclosure of public records.
1. Each of the County's elected officials shall appoint a public records officer who shall be
responsible for the implementation and compliance with this policy and the Public
Records Act. If a public records officer is not appointed, the public records officer shall
be the elected official.
2, An alternate public records officer shall be designated by each appointing authority to
act when the designated public records officer is absent or otherwise unavailable to act.
3. Unless otherwise designated by the Board of County Commissioners:
a. The Clerk of the Board of the County Commissioners is the public records officer
for the Board of County Commissioners and for Mason County,
b. The public records officer for the departments reporting to the Board of County
Commissioners shall be the department head.
c. The public records officer for every volunteer board appointed by and reporting to
the Board of County commissioners is the Clerk of the Board.
MASON COUNTY PUBLIC RECORDS POLICY 2012
Page 1 of 7
4. The public records officers shall maintain a record of all public records requests made to
their office. Such record shall include:
a. The requesting party;
b. The requesting party's contact information, including address and telephone
number;
c. The record(s) requested;
d. The date of the request; and
e. The date that the requested records were provided or the request was closed.
5. A list of the County's public records officers and their contact information shall be made
available to the public, without cost, and shall be posted on the County's website. A
copy of this policy and public record request forms shall also be made available to the
public, without cost, and shall be posted on the County s website.
E. Public Records Requests How Made
Public records may be inspected and/or copies may be obtained under the following
procedures:
1. Requests for public records shall be directed to the County agency's designated public
records officer. Countywide requests or requests for records from more than one
County agency shall be directed to the Clerk of the Board. Use of the County's public
records request form is strongly encouraged and is incorporated herein as "Exhibit A".
2. Public records requests should be made in writing and should include the following
information:
a. The requester's name, mailing address, and telephone number;
b. The date of the request;
c. A clear indication that the document is a "Public Records Request"
d. Whether the request is to inspect the public records or for copies of public
records, or both;
e. A clear description of the public records requested for inspection and/or copying.
f. If the request is for a list of individuals, a statement that the list will not be used
for any commercial purposes or that the requester is authorized or directed by
law to obtain the list of individuals for commercial purposes, with a specific
reference to such law.
3. The public records officer shall document all verbal requests for public records. The
public records officer will make their best effort to capture what the requester intended to
request. The public records officer's documentation will prevail against any claim by the
requester that the documented request was inaccurate or incomplete. A person making
an oral request for public records must provide the information listed in the subsection
above. The public records officer shall seek a written request if the response may
include any of the following:
a. A list of individuals;
b. Requests not identifying a specific public record;
c. Subjects of current, threatened or potential litigation;
d. More than 100 pages of records; or
e. Public records or information exempt from disclosure.
MASON COUNTY PUBLIC RECORDS POLICY 2012
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4. Requests for public records maintained by the State of Washington or another
governmental agency must be made to that entity and will be subject to that entity's rules
and regulations.
F. Response to Public Records Requests
1. The public records officer shall, to the extent practicable, assist requesters in identifying
the public records sought.
21 There is no obligation to allow inspection or to provide a copy of a public record on
demand.
3. Within five business days after receiving a public record request, the public records
officer shall respond to the request in writing. The public records officer shall make one
or more of the following responses:
a. The request for inspection of public records is approved and whether an
appointment for inspection needs to be scheduled by the requester;
b. The request for copies of public records is approved and the copies of all
requested records are enclosed with the response;
c. The request has been received by the public records officer, that additional time
is needed to respond to the request, and stating a reasonable estimate of the
time required to respond;
d. The request has been received by the public records officer and the records shall
be provided on a partial or installment basis as the records are identified, located,
assembled and/or made ready for inspection or copying.
e. The request is denied, in whole or in part whether by withholding a requested
record or redacting a requested record, stating the specific exemption(s)
prohibiting disclosure and a brief explanation of how the exemption applies to
each withheld and redacted record; or
f. The requesting party is asked to provide a down payment equal to 10% of the
estimated cost of providing the records sought.
4. When a request is for a large volume of records the public records officer may elect to
provide the records on an installment basis. If the requestor fails to arrange for the
review of the first installment within 15 days of receiving a response from the public
records officer, the public records officer may deem the request abandoned and stop
fulfilling the remainder of the request. The public records officer shall inform the
requestor in writing that the public records request is closed.
5. If, after responding to a request additional records are found, the public records officer
shall notify the requester of the finding within two working days of the finding.
6. Additional time to respond to a request may be based upon the County's need to:
a. Clarify the intent of the request;
b. Identify, locate, assemble and/or make the records ready for inspection or
disclosure
Notify third parties affected by the request pursuant to RCW 42.56.540; or
d. Determine whether any of the records or information requested is exempt from
disclosure and whether a denial should be made as to all or part of the request.
MASON COUNTY PUBLIC RECORDS POLICY 2012
Page 3 of 7
If a requester fails to clarify a request within 15 days of receiving a response from the
public records officer seeking clarification, the public records officer need not respond
further to the request and will inform the requester in writing that the public records
request is closed.
8. If the public records officer does not respond in writing within five business days after
receipt of a request for public records, the requester shall be entitled to seek review by
the Elected Official/Department Head or the Prosecuting Attorney/Prosecuting Attorney's
designee.
9. If the public records officer provides an estimate of the time required to respond to the
request and the requester believes the amount of time stated is not reasonable then the
requester may request that the Elected Official/Department Head or the Prosecuting
Attorney/Prosecuting Attorney's designee review the estimate of time.
10. When a request for public records is received that concerns a subject known to involve
litigation that is pending threatened or anticipated, the public records officer shall
promptly notify the Prosecuting Attorney of the request.
G. Exemptions
1. When denying or redacting a public record, the public records officer shall provide the
requestor with an index showing the title of the record, the author, recipient, date,
number of pages, exemption authority and brief explanation for withholding.
2. If a request concerns any of the following topics, the public records officer should closely
examine the applicable statutes that may prohibit or restrict access and shall consult
with the Prosecuting Attorney prior to responding to the public records request. This list
is not exhaustive and other exemptions may exist
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. Taxpayer information that is private;
e. Investigative records compiled by law enforcement, probation officers and code
enforcement officers;
f. 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;
g. Test questions, scoring keys or information for employment examinations;
h. Real estate. appraisals made for an agency relative to the acquisition or sale of
property;
Valuable designs, formulae, drawings and research data;
j. Preliminary drafts, notes, recommendations in which opinions are expressed as
part of the deliberative process;
k. Attorney work product pertaining to pending, threatened or completed litigation;
1. Attorney — client privileged communications;
m. Complaints and investigative records compiled in connection with claims of
discrimination in employment;
n. Credit card numbers;
MASON COUNTY PUBLIC RECORDS POLICY 2012
Page 4 of 7
o. Medical records and information;
p. Information pertaining to victims of crime;
q. Information regarding organized crime;
r Traffic accident reports prepared by citizens;
s. Industrial insurance claim files and records; and
t. Identity of child victims of sexual assault.
H. Fees
1.. 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 inspection or copying.
2. No fee will be charged for searching for public records, redacting portions of the record
that are exempt from disclosure or preparing an index of exempt documents.
3. A reasonable fee will be charged to reimburse Mason County for the costs of providing
copies. At his or her discretion, the public records officer may waive the fee for fewer
than 25 pages.
4. A reasonable fee shall be charged to reimburse Mason County for the cost of delivering
copies of public records to a requestor, including the cost of packaging and postage or
delivery service.
5. The public records officer may, at his or her discretion, send records to a private copy
service for copying, in which case the fee shall be the actual charge imposed for
copying plus applicable taxes and shipping costs,
6. Payment shall be made by check payable to "Mason County Treasurer.' The public
records officer may require that all charges be paid in advance of the release of the
copies.
7. The fee for searching for records, research, and/or providing a copy of a public record
may be set by statute or County ordinance. Where statue or ordinance sets a fee, that
fee will be charged. Otherwise, the following fee schedule shall apply:
8.5" by 14" or smaller black & white copies
Oversized or color copies
Greenbar computer printouts
All items. sent to private copy service
Audio recordings or
electronic records saved to a compact disc
Postage and boxes
Fax (8 5" by 11" only)
Envelopes
Electronic records sent by e-mail
Paper records converted to PDF
$0.15 per page
$1.00 per page
$1.00 per page
Actual charge
$5.00 for each compact disc
Actual charge
$1 00 per page
$0 50 each
No charge
$0.09 per page
8. The public records officer may require a deposit in an amount not to exceed ten percent
of the estimated cost of providing the requested public records. If the public records
officer responds to a request on a partial or installment basis, the requester shall be
charged for each part or installment responding to the request
MASON COUNTY PUBLIC RECORDS POLICY 2012
Page 5 of 7
Failure to Pay:
a. If a requestor fails to pay a deposit, if required, the public records request is
deemed complete without further action.
b. If a requestor fails to pay for records provided, the requestor will be required to
pay the outstanding obligation in full prior to any other records requests being
entertained.
I. Protection of Public Records
1. The public records officer shall, to the extent practicable, ensure that records requested
are not removed from the premises nor misplaced or misfiled by members of the public
during inspections. Original records shall not be released to the public for the purpose of
allowing the person making the request to make copies.
2. No public records shall be filed or retained at any location other than County property.
Any public record that is prepared at an off -site location shall be promptly delivered to
the County for filing.
3. If a public record request is made when a record exists, but the record is scheduled for
destruction in the near future, the public records officer shall direct the record be
retained until the request is resolved
J. Searching Public Records Backup and Security Copies
1. In order to prevent excessive interference with essential functions of the County, the
County shall not search backup or security systems for copies of public records when
the originals of such records have been identified, located and are available for
inspection and/or copying.
2. Access to public records does not include access to County computer systems or
terminals except for those terminals, if any, which may be specifically designated for
public use.
K. Review of denials of public records requests.
1. Any person who disagrees with the denial of a request for a public record may petition
for prompt review of such decision by delivering a written request for review to the
County s Prosecuting Attorney or the Prosecuting Attorney's designee. The written
request shall include all written responses by the public records officer that constituted or
accompanied the denial.
2. After receiving a written request for review of a decision denying a public record, the
County's Prosecuting Attorney or the Prosecuting Attorney's designee shall promptly
consider the matter and may affirm, reverse or otherwise modify such denial. The
requester's administrative remedies shall not be deemed exhausted until the
Prosecuting Attorney has made a written decision, or the close of the fifth business day
following the receipt of the written request, whichever occurs first.
MASON COUNTY PUBLIC RECORDS POLICY 2012
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3. The County shall be deemed to have made a final decision denying a request for public
records only after a review conducted under this section has been completed.
L. Electronic Records
Mason County produces and maintains electronic records to maximize efficiency in fulfilling its
basic public service functions. Many electronic records are public records subject to disclosure
under the Public Records Act.
1. At the option of the public records officer, electronic records may be printed and
provided in paper format. If an electronic record is not capable of being printed in an
understandable format, or if the requester prefers the electronic record in electronic
format, then the electronic record will be provided in the native format in which the
record is maintained by the County.
2. The public records officer does not have an obligation to convert an electronic record to
a digital format that is different than the format maintained by the County.
3. If a requester seeks an electronic record in an electronic format that contains exempt
information, the public records officer may redact the exempt information by creating a
new electronic record without the exempt information if it is the most cost effective way
to produce the record. If the requester seeks an electronic record in its native electronic
format that contains exempt information the requester may be responsible for the actual
costs associated with customized access
4. Paper records that are not available in electronic format may be converted to an
electronic format by request. The requester will be responsible for applicable scanning
fees.
M. Index of Records Not Maintained
For the reasons stated in Resolution 44-08, incorporated herein as "Exhibit B", Mason County
finds that it would be unduly burdensome to maintain an index of records.
MASON COUNTY PUBLIC RECORDS POLICY 2012
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MASON COUNTY PUBLIC RECORDS
411 North 51h Street
Shelton, WA 98584
Phone: (360) 427-9670 or (360) 275-4467
Fax: (360) 427-8437
Date Stamp
Received by:
PUBLIC RECORDS REQUEST FORM
Name
Phone
Address
Fax
City,
State,
Zip
Email
Record(s) requested: Please describe a specific identifiable record. Include document name, number or date if known.
❑ I would like to inspect the record(s) at no charge
1 would like a copy of the record(s): ❑ Mailed ❑ Faxed ❑ Emailed (if available in electronic format) UPicked up
Please allow 5 business days for a response to your request. RCW 42.56.520
I agree to pay all copy charges pursuant to Mason County's fee schedule. RCW 42.56.120
I certify the information obtained through this request will not be used for commercial purposes. RCW 42.56.070(9)
Requestor Signature Date
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Make checks payable to the Mason County Treasurer
Exhibit A
RESOLUTION NO. t/cf-O8
A PUBLIC RECORDS INDEX
WHEREAS, RCW 36.32.120, states "..the board of county commissioners...have the
care of the county property and the management of the county funds and business."
WHEREAS, the Mason County Board of County Commissioners finds it would be
unduly burdensome and costly to Mason County taxpayers, and it would interfere with effective
and timely county office operations to develop an index of all current public records as specified
in RCW 42.56.070 (3).
WHEREAS, Mason County office operations are complex, diverse, and changeful, and
the Board of County Commissioners and its departments receive and produce volumes of
correspondence, reports, surveys, studies, and other records.
NOW THEREFORE, the Mason County Board of County Commissioners hereby
declares that an index of all current Mason County public records will not be published and
maintained pursuant to RCW 42.56,070 (4).
APPROVED this / Si--
day of Al r`i3 I , 2008.
BOARD OF COUNTY COMMISSIONERS
r—ra S --
ATTEST:
Tim S i •ldon, Cha' /
Ring Erickson
ss Gallagher, Co
Rebecca S. Rogers, Clerk of the Board
APPR S VED d PI: �•
affn.wee
ommissioner
issioner
C;\DOCUMW-1\montyc\LOCALSr1\Temp\XPgrpwise\Public Records Index.doc
Exhibit B