HomeMy WebLinkAboutOrdinance 18-020-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 18- O a o -cc
AN ORDINANCE AMENDING CHAPTER 2.72 OF THE GRANT COUNTY
CODE TITLED "PUBLIC RECORDS."
RECITALS:
WHEREAS, the Board of County Commissioners adopted Ordinance No. 16-
024-CC on March 21, 2016, repealing and enacting a new Chapter 2.72, the same now
commonly referred to and cited as "Public Records;" and
WHEREAS, the Washington State Legislature amended RCW 42.56 in 2017
addressing costs associated with public records production, burdensome requests
reporting requirements, and clarification requests; and
WHEREAS, the Board of County Commissioners finds that it is in the public
interest to incorporate the appropriate changes directed by RCW 42.56 into Grant
County Code 2.72.
NOW, THEREFORE, BE IT HEREBY ORDAINED: by the Board of County
Commissioners of Grant County, State of Washington, that Chapter 2.72 of the Grant
County Code be amended as follows:
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Chapter 2.72 — PUBLIC RECORDS
SECTIONS:
2,72.010 Purpose
2.72,020 Public Records — Court Documents — Not Applicable
2.72.030 Definitions
2.72.040 County Formation and Organization
2.72.050 County Procedures — Laws — Grant County Code
2.72.060 Document Filing System — Index
2.72.070 Public Records Officer Contact Information
2.72.080 Requests for Public Records
272.090 Response to Public Records Requests
2.72.100 ' Electronic Records
2.72.110 Default Statutory Costs — Declaration of Undue Burden to Calculate
Actual Costs
2.72.449120 Fees — No Fee Required in Certain Instances
2.72.4-2G 130 Fees — Copies of Public Records
2.72.44�9140 Fees — Waiver of Fees
2.72.4449150 Alteration of Cost Schedule
2.72.4-59160 Protection of Public Records
2.72.460170 Exemptions
2.72.4-7-9 180 Denial of Public Records Requests — Objection — Review
2. 2.180 OdGptmGR of F/lrm — Req eSt fnr Pl lblin Rornrrle
2.72.190 Public Records Act — Attorney General Office Information
2.72.200 Retention and Destruction of Public Records
2.72.210 Exemptions — General Guidelines for Common Exemptions
2,72,220 Disclaimer of Public Liability
2.72.230 Severabilty
2.72.240 Effective Date
AttaGhrrA--Request fer�vr AweSS tO P�Tererds
2.72.010 —PURPOSE. The purpose of this chapter is to provide rules for the
implementation of the provisions of Chapter 42,56 RCW relating to public records of
Grant County, and to provide guidance to the public in obtaining access to public
records. RCW 42.56.070(1) requires the County to make available for inspecting and
copying non-exempt "public records,"
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 2
2.72.020 — PUBLIC RECORDS — COURT DOCUMENTS — NOT APPLICABLE. This
chapter is not intended to provide rules for access to court documents: Chapter 42.56
RCW does not apply to court (non -Administrative) documents. This chapter is also not
intended to provide rules regarding access to public records of the State of Washington
or the federal government, such as the Judicial Information System (JIS) and the
National Crime Information Center (NCIC), even though those documents may be
utilized at computer stations Located in Grant County, Forms to request access to court
documents from Grant County Superior Court or Grant County District Court may be
downloaded from the County's website (www.grantcountyweb.gov) through each
respective court's tab located on the website's side -bar menu.
2.72.030 —DEFINITIONS. The definitions set forth in RCW 42.56.010 and as
hereafter amended shall apply to this chapter.
2.72.040 — COUNTY FORMATION AND ORGANIZATION. Grant County is formed
and organized pursuant to Article XI of the Constitution of the State of Washington and
state statutes. The offices, departments, boards and committees of the County are
local agencies as defined by RCW 42.56.010(1).
The elected offices and officials of the County include the Board of County
Commissioners (with three members), the Assessor, the Auditor, the Coroner, the
Prosecuting Attorney, the Sheriff, the Treasurer, the District Court Judges, the Clerk of
the Superior Court, and the Superior Court Judges.
The Board of County Commissioners has established and appointed departments,
committees, and boards including, but not limited to, the departments of Public Works,
Human Resources, Grant Integrated Services, Planning, etc. Each office may have
departments that report to one or more elected officials (e.g., the Planning Department
reports to the Board of County Commissioners). The boards and committees of the
County include paid employees and volunteer members.
Each of the elected officials of the County operates independently on matters of policy
and procedure within the scope of their statutory duties.
2,72.050 —COUNTY PROCEDURES LAWS —GRANT COUNTY CODE. The
County compiles its procedures and laws in the Grant County Code (GGG). The Grant
County Code, together with state law and other policies, state the general course and
method by which the operations of the County are channeled and determined, including
the nature and requirements to create and retain formal and informal procedures,
2.72.060 — DOCUMENT FILING SYSTEM — INDEX. Each elected official may
develop a system for filing and retrieving documents, and this system may or may not
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 3
include an index of the contents of each file. No such indexing system is required,
however, as the Grant County Commissioners have passed Resolution 16-023-CC
explaining why it is unduly burdensome to formulate and maintain every index otherwise
required by RCW 42.56.070, The volume of data processed, correspondence received
by or sent by the County, and various methods of technology used makes it unduly
burdensome to maintain an index for all such data, correspondence, etc. Any person
who requests documents is entitled to view any indices that may exist so that they may
identify documents available as public records.
2.72.070 — PUBLIC RECORDS OFFICER CONTACT INFORMATION. Grant County
has a full time Public Records Officer (PRO) with an office at the address set forth
below. All requests for public (non -court) records should be made through the PRO and
any records requests outside of court records received by any County official or
employee must immediately be forwarded to the PRO for processing. Any person
wishing to request access to public records or seeking assistance in making a request,
should contact the PRO whose name, phone number, and e-mail address shall be
posted at such address and/or on the County's website:
http://www.grantcountywa.gov
The PRO reports to, and has an office located in, the offices of the Board of County
Commissioners. His/her contact information is:
Public Records Officer
Grant County Board of Commissioners
PO Box 37 / 35 C Street NW
Ephrata, WA 98823
Phone: (509) 7564 011 754-2011 ext. 2938
Fax: (509) 754-6098
e-mail: publicrecordsofficer(cD-grantcountywa.gov
2.72.080 — REQUESTS FOR PUBLIC RECORDS. With Chapter 42.56 RCW serving
as Grant County's authority, written requests for inspection and/or copying of public
records shall not be honored if such requests require County employees to compile
information, perform research, require formatting of data, are not sufficiently identified,
or, if the information requested consists of nonpublic records. Requests for public
records by persons serving criminal sentences are subject to additional constraints as
per RCW 42.56.565. Additionally, Chapter 42.56 RCW provides that agencies should
prevent unreasonable invasions of privacy, protect public records from damage or
disorganization, and prevent excessive interference with essential functions of the
agency. Records not excluded, exempted or prohibited from disclosure may be
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 4
inspected or copied by members of the public, upon compliance with the following
procedures:
(a) All requests for public records shall be directed to the Public Records Officer (PRO)
for the County.
(b) Requests for public records are best processed, logged, and documented when
submitted to the PRO in writing or electronically. A request for public records can
be submitted electronically on the County's website at www.grantcountywa.gov
after selecting "Public Records" from the side -bar menu column on the left. If you
would like to come in to the office to make a request for public records, a request
form is available for completion or, upon request, a form can be mailed to you for
completion. eR a "Grant Ge Rty Request for AGGege, to P blin r?ennrrls" fnrm (coo
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A written request helps the County ensure that the requestor has access to all the
disclosable records he/she has asked for, and assists in assuring that any decision
to withhold records is properly made and that non de minimis fees/charges for
records are accurate_
Should the PRO receive a verbal request for specific, identifiable public records,
he/she will obtain and record the necessary information for proper processing and
include that information on a Grant County Request for Access to Public Records
form and assign it a standard tracking number.
(c) The requestor may also submit an e-mail or letter to the PRO that provides the
information necessary for the County to locate, retrieve, and provide applicable
responsive records to the request_
(d) The requestor's written request should include the following information:
(1) Name, address, and other contact information, including telephone number and
e-mail address;
(2) The date and time of request submission;
(3) A clear indication that the request is pursuant to the Public Records Act, such
as a document heading or title such as "A Public Records Request", to help
ensure that the request is able to be handled properly. Requests for public
records should not be combined with communications for other purposes. An
e-mail request should contain the subject line "Public Records Request";
(4) Whether the requestor wants to inspect the public records or obtain copies, or
both; and
(5) A clear description of the desired public records so that the PRO and staff can
find any responsive records. The description should, if possible, include the
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date or time period of creation of the records, if known, and the departments of
the County or office of the County official who may have the public records.
(6) Pursuant to Chapter 42.56 RCW, requests must be for specific, identifiable
records. Requests that are overly -broad and/or have the potential to
excessively interfere with the essential functions of County government may be
subject to the PRO's request for clarification or narrowing the scope of the
records request: failure to do so may impact the estimated time required to
fulfill the request, and result in release by installment.
(7) RCW 42.56.070(9) prohibits the use of lists of individuals for commercial
purposes and a requestor must declare, under penalty of perjury pursuant to
the laws of the State of Washington, that he/she will not use the list(s) obtained
from the request for commercial purposes. The requestor must further
acknowledge that he/she is solely responsible for any consequences or
damages arising from any failure on his/her part to adhere to the above -
referenced RCW.
(e) The PRO will make a reasonable effort to assist in identifying and describing the
filing systems of the County to assist the requestor in describing the requested
documents.
(f) A request for inspection of public records in data bases that are maintained by the
State of Washington or any other governmental agency (such as Judicial
Information Services (JIS) records) will be subject to such additional rules and
regulations of that agency or be denied by the County, although the County will
endeavor to assist in directing the requeste requestor to the appropriate agency.
(g) If requesting a criminal history, the requestor will only receive involvements with the
Grant County Sheriff's Office. If the requestor had contact with other law
enforcement agencies within Grant County, that specific agency's office should be
contacted. For a Washington State criminal history, contact the Washington State
Patrol's Criminal History Section at (360) 534-2000 or by visiting the Washington
State Patrol website at www.wsp.wa.gov.
(h) There is no obligation on the part of the County to provide duplicate copies of a
public record.
(i) Non-exempt public records are generally available for inspection and/or copying
during normal business hours of the Grant County Commissioners' office. Normal
business hours are Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1 p.m. to
5:00 p.m, Holiday closures are posted on the County's website.
2.72.090 — RESPONSE TO PUBLIC RECORDS REQUESTS. The Public Records
Officer (PRO) shall respond promptly to requests for records. There is no obligation to
immediately provide a requested record on demand.
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(a) Should the PRO be unavailable due to leave (scheduled or unscheduled),
notification of possible extension(s) of time to respond to the records request,
pursuant to Chapter 42.56 RCW, may be made by the County to the requestor.
(b) Unless otherwise notified as set forth in paragraph (a), the PRO will, upon receipt of
a public records request, respond in writing within five (5) business days by:
(1) Providing the record; or
(2) Providing an internet address and link to the County's website to the specific
records requested (unless the requestor notifies the County that he or she
cannot access the records, in which case the County shall provide the records
requested in another form); or
(3) Acknowledging in writing that the County has received the request, while
communicating that additional time is necessary to complete the request for
records. When this need occurs, the PRO will provide a reasonable estimate of
the additional time needed and state the applicable reason(s) as set forth in
paragraph (d) below; or
(4) Requesting clarification of the request, if necessary, for proper processing; or
(5) Denying the public records request in whole or in part.
(c) The PRO may redact exempt portions of requested records and provide non-
exempt portions. Any response by the PRO refusing in whole, or in part, the
inspection or copying of a public record shall be in writing and 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 record(s) or portion thereof
that is withheld.
(d) The PRO may need additional time to respond to a request based upon the need
to:
(1) Clarify the intent of the request;
(2) Locate and assemble the records requested;
(3) Notify third persons or agencies whose rights may be affected by the inspection
or disclosure of the records;
(4) Determine whether any of the records or portions thereof are exempt and
whether or not a denial should be made as to all or part of the request;
(5) Forward the request to a specific department or office that the PRO knows may
have responsive records to the request; or
(6) Process previously submitted requests for public records that are prohibiting
the PRO from providing responsive materials to the new request in a customary
timeframe (i.e., abnormal work backlog).
(e) The PRO shall, as applicable, forward the request to any other County department,
office, commission, or board that the PRO knows or believes may possess the
requested record(s),
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(f) If a public record request is unclear, the PRO may ask the requestor (generally in
writing) to clarify what specific, identifiable records the requestor is seeking. Should
the PRO seek clarification from the requestor in person or on the phone, he/she will
provide written communication to the requestor stating his/her understanding of the
clarification. Should the requestor fail to respond to the PRO's request for
clarification within thirty 301 days of the PRO's request for clarification, the PRO
shall close the request and shall indicate in writing to the requestor that the request
is closed, citing the reason for same.
(g) In the event that the requested records contain information that may affect the
rights of others and may be exempt from disclosure, the PRO may, prior to
providing the records, give notice to such others whose rights may be affected by
the disclosure in order to seek court protection from disclosure as addressed in
RCW 42,56,540,
(h) The PRO will provide space for a (non -incarcerated) requestor to inspect public
records. No member of the public may remove an original or file document from
such place. The requestor shall indicate which document(s) he or she wishes the
agency to copy, which will not be provided on the spot as the PRO must document
and process the release of copies.
(i) When the request involves a large number of records, the PRO will provide access
for inspection and copying in installments, and notify the requestor of same in
writing, if he/she reasonably determines that it would be practical to provide the
records in that way. If, within thirty (30) days, the requestor fails to inspect the
available set of records on one or more of the installments, the PRO and/or affected
office/department may stop all search and retrieval efforts for the remaining records
and the PRO will officially close out the request, citing the reason for same.
(j) When the search of requested records is complete and all requested copies have
been provided to the PRO, the PRO will document that the applicable elected
office, department, commission, or board has completed a diligent search for the
requested records and made any located, non-exempt records available for
inspection by the requestor,
(k) The PRO shall promptly notify the Grant County Prosecuting Attorney and County
Risk MaRaW Administrative Services Coordinator should a request for public
records concern a subject that is known or believed by the PRO to involve a claim
or lawsuit that is active, pending, or anticipated. The PRO shall deliver a copy of
the records request, with his/her own request to the Prosecuting Attorney and Risk
MaRager Administrative Services Coordinator for immediate review for potential
exemption(s) due to active or pending claims/litigation, prior to the PRO's provision
of a written response to the requestor and/or transmittal of any responsive
documents. The Prosecuting Attorney and Risk Manage; Administrative Services
Coordinator must be provided with all correspondence and/or records between the
PRO and the requestor on records related to active or pending claims/litigation.
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There shall be no charge to the requesting party for copies delivered to the
Prosecuting Attorney and Risk Administrative Services Coordinator.
(1) When the requestor either withdraws the request or fails to fulfill his/her obligations
to inspect the records or pay any deposit, installment, and/or final payment for the
requested copies within the written, previously communicated thirty (301 day period,
the PRO may close the request.
(m) If, after the PRO has informed the requestor that all responsive, non-exempt
records have been provided and the elected office, department, board, or
commission becomes aware of additional responsive documents that existed at the
time of the request, they shall immediately notify the PRO and he/she will promptly
inform the requestor in writing of the discovery of additional documents.
2.72.100 — ELECTRONIC RECORDS.
(a) Unless County electronic records are specifically requested by the requestor in
electronic format, the Public Records Officer (PRO), at his/her option, may print
electronic records prior to copying and delivery of such records. If the record
necessitates redaction due to an exemption, the County is under no obligation to
provide the record electronically. If the electronic record is not capable of being
printed out due to its size or format, then the document(s) may be provided
electronically in the format in which the record(s) is/are maintained by the County or
in Adobe .pdf format. There is no obligation of the County to convert an electronic
record into a different format.
(b) Fees shall be charged as pursuant to this chapter's sections 2.72.440 120,
2.72.4-2-0 130, and/or 2.72.439 140.
2.72.110 DEFAULT STATUTORY COSTS — DECLARATION OF UNDUE BURDEN
TO CALCULATE ACTUAL COSTS. Pursuant to RCW 42.56.120, as amended by
Chapter 304, Laws of 2017, section 3, Grant County declared, and passed Resolution
18 019 —CC on January 23, 2018, that it would be unduly burdensome to calculate the
actual costs of charges for providing copies of public records; thus, Grant County
adopted the default copy fee schedule as per RCW 42.56.120, incorporated in 2.72.130
below.
2.72.M 120 — FEES — NO FEE REQUIRED IN CERTAIN INSTANCES. No fee will
be charged for the following activities relating to a request for public records:
(a) Inspection of a public record;
(b) County staff time for locating public records and making them available for copying
(except for court records and/or first hour of time for court records, pursuant to GR
31.1);
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(c) County staff time for searching for public records (except for court records and/or
first hour of time for court records, pursuant to GR 31.1);
(d) County staff time for redacting portions of the record which are exempt from
disclosure. (Note: Contracted or third party costs for redacting portions of the
record will be charged to the requestor);
(e) Preparing an index of exempt documents (except for court records and/or first hour
of time for court records, pursuant to GR 311); or
(f) Communicating with any individual(s) in order to process or complete the request
for public records.
2.72.4-20 130 - FEES COPIES OF PUBLIC RECORDS.
(a) Except as otherwise allowed in section 2.72.4-30 140 below, a reasonable fee shall
be charged to reimburse the County for the costs of providing copies of public
records, including any mailing costs. Payment - only in the exact amount - shall be
made by cash, check, or money order, payable to "Grant County". Payment for
records in the exact amount is required as County offices/departments are not
equipped to make change and cannot accept or keep any "extra" change.
(b) The following fee schedule is applicable to public records requests unless the
copying (which, in some cases will include redacting) is done by a third
person/party for hire, or if a different fee is fixed by this chapter or federal or state
law.
time spent and the GGSt of S PPl eS to make the GGPi8S of the dOGI-IMents.
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Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 11
PRA FEE SCHEDULE
Tyl2e of Record
Format/Activity
Fee
Paper copies (available in black
8-1/2" x 14" (or smaller)
Oversized copies
Oversized maps (fees set by Planning, GIS)
$0.15 per Pape
$1.00 per page
May vary
Fee according to
above -listed
size Us
and white only)
Photographs (black and white)
Photographs
Electronic in origin
Generally placed
on CDs and
processed under
CD costs
Scanned col2ies
Conversion of paper copies to . df
$0.10 per pne
Records transmitted in
electronic format
Electronic in origin
$0.10 per gigabyte
LaBj
Digital Storage Media Device
CDs DVDs videos flash drives etc.
Actual cost
Container or Envelope
necessary for mailing, Postage
Materials, USPS rates only
Actual cost
Facsimile 8-1/2" x 11" onl
Transmittal of existing paper co ies via fax
1.00 er age
Actual cost (may
Cu§tomized Service Charge
When the request would require the use of IT
expertise to prepare data compilations or
when such customized access services are
include IT staff
time
not used by the County for other business
purposes, The County may charge the actual
cost; it must notify the requestor in advance
that it will be performing a customized
service, that it will be at actual cost, and
ma re uire a 100o deposit.
Other
Records processed via vendor/outside source
Actual cost
for redactin /co in .
NOTE #1:
Pursuant to CR 31.1, fees not to exceed $30 per hour may be charged for research and
preparation services required to fulfill a request taking longer than one hour for District or
Superior Court records. If charged, the fee shall be assessed from the second hour onward.
NOTE #2:
Additional information contained in this section's paragraphs (c), (d), (e) and (f) may
affect processing and/or pricing.
(c) Any request for more than twenty-five (25) pages of documents, oversized
documents, photographs, recorded images or sounds, or computer "k¢s discs or
any other record that cannot be reasonably copied, redacted, and/or duplicated with
the County's equipment may be sent by the County to a private copy shop/
contractor/third party for copying/redacting, in which case the fee shall be the actual
charge imposed for copying/redacting, plus applicable taxes and shipping costs.
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 12
The County has the right to require that all such charges under this subparagraph
(c) be paid in advance of the release of copies; additionally, it may require the
requestor to pay a deposit or cost estimate prior to copying/redacting certain
records (see paragraph (e) below).
(d) The fee for providing a copy of public records (which may or may not be provided
by Grant County) may be set by state statute or federal law. Where the state or
federal law sets a fee for providing a copy of a record, that fee will be charged.
Examples of fees set by state law include:
(1) Health Department Vital Records (RCW 70.58.107);
(2) County Officer's Records (i.e. Auditor, Clerk, Treasurer, etc.(RCW 36.18);
(3) Duplication of electronic tapes of a court proceeding (RCW 3.62.060);
(4) Traffic accident reports (RCW 46.52.085); and
(5) Criminal history information (RCW 10.97.100).
(e) Before beginning to make the copies "in house", the Public Records Officer (PRO)
may require a deposit of up to ten (10) percent of the estimated cost of
copying/redacting all the records selected by the requestor. For outside sourcing of
copying/redacting, the County will require the requestor to pay 100% of a third
party's written estimate for costs to be charged to the County for
redaction/copying/shipping, etc. prior to engaging the services of that party. As with
other payments, these must be made by the requestor in the exact amount by cash,
check, or money order, payable to "Grant County". Should actual costs of the
outside sourcing be less than the written (and previously paid for) cost estimate, the
County will reimburse the requestor the difference. Should actual costs of the
outside sourcing exceed the written cost estimate, the County will not release any
records to the requestor until its receipt of the full dollar amount for the services
provided in fulfilling the request for public records.
(f) Full payment must be received by the County from the requestor prior to release of
any responsive documents to a request for public records, whether processed "in
house" or through a third party for copying/redacting.
2.72.4-30140 — FEES — WAIVER OF FEES. The Public Records Officer may waive
the fee for fewer than ten 10 pages processed "in house" on the basis that the
expense of processing the payment exceeds the costs of providing the copies.
2.72.440150 — ALTERATION OF COST SCHEDULE. When economic or other factors
require a change in the established cost schedule, the Public Records Officer, at the
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 13
direction of the Board of County Commissioners, may change the schedule by filing a
new schedule.
2.72.450160 — PROTECTION OF PUBLIC RECORDS.
(a) All public records are and shall remain property of Grant County. Such records
shall be delivered by outgoing officials and employees to their successors. Public
records are preserved, stored, transferred, destroyed, and otherwise managed only
in accord with this chapter and applicable state and federal laws and regulations.
(b) The original copy of all public records shall remain in the custody of the elected
official or department head in the various departments and offices of Grant County,
Such records shall not be placed in the custody of any other person or agency,
public or private, or released to individuals except for disposition or destruction as
provided by law.
(c) 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 except, as necessary, to make copies/redactions by a public
employee or outside sourcing. Documents shall not be released to the public for
the purpose of allowing the person making the request to make copies or review
materials.
(d) No public records shall be filed or retained at any location other than in County -
owned or leased property. Any public record that is prepared or received at an off -
site location, such as a residence, shall be promptly delivered to the appropriate
County office for filing.
2.72.460170 — EXEMPTIONS. Chapter 42.56 RCW and other laws provide that types
or portions of records are exempt from public disclosure, inspection and/or copying.
(See also paragraph 2.72.210 below for specific examples.)
2.72.47-0180 — DENIAL OF PUBLIC RECORDS REQUESTS — OBJECTION —
REVIEW.
This section is governed under RCW 42.56,520.
(a) Should the Public Records Officer (PRO) conclude that a public record is exempt
from disclosure and denies the request, the requestor may submit a timely, written
and/or e-mail request for review to the PRO. The PRO will then immediately
forward the review request to the Prosecuting Attorney and/or the Risk Mapag6+
Administrative Services Coordinator.
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 14
(b) The Prosecuting Attorney and/or Disk Manager Administrative Services
Coordinator, or designee, shall provide the requestor with written and/or e-mail
notification of affirmation or reversal of the denial within two LQ business days of
receipt, which shall constitute final County action on the request.
IN I
e- see ■
2.72.190 — PUBLIC RECORDS ACT — ATTORNEY GENERAL OFFICE
INFORMATION. The Washington State Office of the Attorney General has information
explaining the provisions of the Public Records Act, available on its website at
www.atq.wa.gov. From the website, access "Office Information" and then the Open
Government link. From this section, there should be a link entitled "Public Record &
Open Public Meetings." In addition to its website, the Washington State Attorney
General's Office may be reached by calling (360) 753-6200 during normal business
hours.
2.72.200 — 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.
Copies of the retention schedules are available from Archives and Records
Management of the Office of the Secretary of State and online at the state website. If a
public records request is made at a time when a record exists, but is scheduled for
destruction in the near future (or exists past the scheduled destruction timeline), the
Public Records Officer shall direct that the record be retained until the request is
resolved,
2.72.210 — EXEMPTIONS — GENERAL GUIDELINES FOR COMMON EXEMPTIONS.
Chapter 42.56 RCW and other laws provide that types of records are exempt from
public inspection and copying.
(a) The County's Public Records Officer (PRO) must be familiar with and adhere to
the exemptions for public records pursuant to RCW 42.56 and obtain pertinent
training and updates on Washington State's Public Disclosure Act and
Washington State court cases and legislative changes relating to same,
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 15
(b) Listed below are the subjects of frequent, applicable exemptions which may
present concerns regarding disclosure. Any denial of a request for public records
must state the Washington state statute, federal statute, or common law basis for
such denial.
• Job application materials;
• Residential addresses and personal phone numbers of employees and
volunteers;
• Certain information in personnel files of current and retired employees and
volunteers;
• Private communications of current and former employees;
• Taxpayer information that is private;
• Records compiled by law enforcement, probation officers and code enforcement
officers for ongoing investigations;
• 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;
• Test questions, scoring keys, or information for employment examinations;
• Real estate appraisals made from an agency relative to the acquisition or sale of
property;
• Valuable designs, formulae, drawings and/or research data;
• Preliminary drafts, notes, recommendations in which opinions are expressed as
part of the deliberative process;
• Attorney work product pertaining to pending, threatened, or completed litigation;
• Records, maps, or other information identifying the location of archeological
sites;
• Complaints and investigative records compiled in connection with claims or
discrimination in employment;
• Credit card numbers;
• Records prepared to prevent, mitigate, or respond to criminal terrorist acts;
• Records containing specific and unique vulnerability assessments or specific and
unique emergency and escape response plans;
• Information regarding the infrastructure and security of telecommunication
networks;
• Medical records and information;
• Information pertaining to victims of crime;
• Information regarding organized crime;
• Traffic accident reports prepared by citizens;
• Industrial insurance claim files and records;
• Identity of child victims of sexual assault;
• Jail records;
• Criminal history report,
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 16
(c-) If a request concerns any of the above topics and the PRO has any question as
to disclosure, he/she should consult with the Prosecuting Attorney and/or Special
Legal Counsel specializing in the Washington State Public Records Act/RCW 42.56,
2.72.220 — DISCLAIMER OF PUBLIC LIABILITY. Grant County is not liable, nor shall
a cause of action exist, for any loss or damage based upon the release of a public
record, if Grant County acted in good faith in attempting to comply with this chapter.
(See RCW 42.56.060.)
2.72.230 — SEVERABILITY. If any provisions of this chapter is declared
unconstitutional, or the applicability thereof to any person or circumstance is held
invalid, the constitutionality of the remainder of the chapter and the applicability thereof
to other persons and circumstances shall not be affected thereby.
2.72.240 — EFFECTIVE DATE. This chapter shall take effect and be in full force upon
its passage and adoption.
(See below pages I 3)
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 17
Records Officer
RFPR No.
GRANT COUNTY'
Request for Access to Public Records
PLEASE PRINT LSGIBLY
- Daytime Phone,:
Physical Addre cIty/statelzip
Mailing Addre city/sWtojp 4
Fax-# (optionasl)$ E-Mail Address (optlonol)�
Please describe the SAr"'IFIC, Identifiable public records you are requesting, including any additional Information
" "4 "'
that will help us locate s ' records (dates, names, etc,) pursuant to NCW 42.66,620, If you are requesting
records pertaining to a c Inal, medical, and/or counseling matter, please also complete page 2, Also,
for rate, exemption, ank\dtur round tune information rolating to the reproduction of public records, please
see page 2, ror Geographica nformation, please also fill out page 3.
List each Grant County Department, Offlc and1or offlolal believed to have custody of records responsive
to your request:
Upon the County's retrieval of any responsive, nk-exempt records, your preference Is (check one):
[ j Inspect[on only* I I Copy ofall \ [ j Inspection & copying of selected materials'
I understand that Washington State Low (RCW 4,j
commorclal purposes and I hereby declare, under
Washington, That I will not use the [lots obtained
001(nOWIlodge that I am solely responsible for any
my part to adhere to the above -referenced ROW.
Prohibits My use of lists of Individuals for
Perjury pursuant to the laws of' the State of
request for cornmorclat purposes. I further
koes or damages arising from any failure on
Signature, I
Identity verification by (check one); C l Driver's License number:
Notary Public (complete I
State of
ss'
coun�y
I hereby codify that I know tar have satisfactory evidonoo thot, sloned this
Instrument and soknowledgod It tobe their free and voluntary act for the 08m5 all ulposo'q mentioned
ot f act
far,
t/70
In this Instrument.
NotaiyPulblio fl6or_
residing In
You may Inspect and exannine specific and identifiable, non-exempt records respons0 to your
1111
request doring standard business hours, by advance appointment with the Public Recor Officer,
ffil
unless incarcerated.
*C; WWW'Arantoountyvvagov 1111611c': 009) 714-V x —2.91�,
Inforrnation
,I tinAlnr —Sle-11-4 RFPR No. PRD-
GRANT COUNTY
east for Access to Public Records Confinualflon Form
For records t t pertain or: may pertain to a criminal, medical, and/or counselling mattor, pfoose complete
the foNlowing
Case Fllo/Nurnher;
Date of Inoldenvapp
What Is your relationship
Name of Case/Fl1w,
Looatlow
i Incident? (Circle one) Victim / SOP00t I Spouse I Parent IWItness I Other,.
Type of Incident? (Circle one) NcIdent / Theft I Burglary I DV I Drugs I Vandalism: I Traffic I Othec _
List any other information that may b\helpful' In enabling the County to retrieve the requested records:
It you are requesting a copy of your trit 141 history, be advised that you will only r0oal" your
a
involvomonts with the Grant County SherWs toow It you have had contact with other law onforcoment
agencies within Grant County, you will need Mo
ot that specifto agency's office, Por your complete
I
criminal history, contact the Washington State 'al's Criminal History Section at (160) 534-2000 or by
8
State
visiting the Washington Stato.Patrol wobsito at
ff you are requesting a copy of your offininal histoty, ado It
need to be notaAred by the Shedtfs Office?
I I YO-S v NO
Costs for lie nests for - PuhII0,RaM.Ld_..s,. Costs for tho reproductlo f specific, Identifiable, non-exempt public
R s)S
records are governed by the Revised Code of Washington ('\Ome Grant County (County)
0"
departments/offices are governed under or by additional RCWs. Uponroos of your completed Request For Public
Record (RFPR) and processing of same, you will be notified as to the total st for reproduction, shipment, eto, of
c o responsive records. Costs are calculated by the page, type of page, Count, code, plus container and. shipping
medium,
a ao
-no I expanses, If any, Costs for copies of other items, depending on the MOCIIIUM, are the County's actual costs to
C 'W
produce or have produced, also pursuant to the Public Records Act (Act) RCW 42, 020,
Some Records are F ,MM9 . The Act recognizes that certain records and/or working 'es are not for release to the
public or may be released with applicable portions redacted, These Include, but are no limited to, certain criminal,
judicial, medical, mental health, and juvenile files and/or portions of files. Should record ou request containany
exempt materials, these will be Identified for you In writing, along with the applicable RCW(,
The County will make a good faith effort to respond to your request an . r provide you with
copies of (or make an appointment for Inspeation of) specific and identifiable, non-exempt rec s 'within five (6)
business days following the receipt of your RFPR, Please be advised, however, that the Act recog dapa es _ne� that Rr-PRs
may require additional time, depending on the location of records, the number of County dep ents/offloes
Involved, the size of the files, possible redaction requirements, legal review, type of record, size of re st and the
need for existing governmental services and functions to continue,
hical Inforillation Request
1N R[501JEST:
desired data'
0 parce
[7j roads
El Water
City Limits,
t, nits' D Township/Ral e/
Sections
D Census Tracts
El Fire districts
Please circle desired pros
Product Type., + Map
MaplRoport Title._
Maps.
Area. &
COU.11ty BOUndary
grid
ri Hospital districts
0 Mosquito districts
Ej Cemetery districts
Commissioner
districts
Port 6strlots
RFPR. No. PRD-
PkMlllng Dept. Approval
Urban Growth
Boundaries
Land Use Cornp Plan
n- Planning Zones
Audltors Approval
F.] Voter Precincts
+ Report 4 New Layer + Other
Medium 4 Paper + dar/film I'm � tither
Paper Size 4 A (8, 5xl 1) 4 B ( 1 \17) # C(l 8X24) + 13(2436) :+ E(36x48)
x)
Electronic Format: + shapefile (0,x, vg,x) + database (Access, dbt
* otlje�
+ pdf + Othe� .... .. .....
Please circle desired delivery method(s)
a -mall cd dvd 1,44Mb flop dlsl+
I 'I class mail customer pick -tip
Please describe your Information product, show an example of how
(column, headings, rows, etc.),
0, 1$ UQUEST NUMBC, R
Treaaurer_
want your map and/or report set Lip
Civil8\Departments\Ordinances\2018\PRA 01-2018 PaX20
DATED this day of 2018
ATTEST,-
a—, b a'r .
,
asq
Clerk o tle
B�
Yea Nay Abstain
❑ ❑
Published: 111,4
Approved as to form:
y:
a.rn s , Mitchell, WSBA #31031
Deputy Prosecuting Attorney
Date: f A5 Z-1-10-1$
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Richard Stevens, Chair
J L , J I-
i Taylor, fliG(}C air
ndy CAte1'; l/lemUer
Civil8\Departments\Ordinances\2018\PRA 01-2018 Page 21