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Reviewing & Revising Your District's Public Records Policy

Learn about the requirements of the Public Records Act, including the 2005 amendments and challenges for electronic records. Discover how to handle requests, redactions, exemptions, and more.

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Reviewing & Revising Your District's Public Records Policy

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  1. Association of Washington Public Hospital Districts Web ConferenceFebruary 21, 2008 Reviewing and Revising Your District’s Public Records Policy

  2. Ramsey Ramerman Sven Peterson (206)447-5955 petes@foster.com (206)447-4674 ramer@foster.com

  3. Why you are here • Public Records Act Requires You to Have a policy • 2005 Amendments Added New Requirement • Performance Audits • Attorney General Model Rules • Challenges for Electronic Records

  4. “Public Records” Are Broadly Defined A public record is: • Any writing (broadly defined to include all electronic records) • Relating to the conduct/performance of any governmental or proprietary function • Prepared, owned used, or retained

  5. Procedures for Handling a Request 5-day response: • Deny request • Fulfill request • Reasonable time estimate

  6. Redactions and Exemption Log Redact, not withhold. RCW 42.56.070(1) & RCW 42.56.210(1) Exemption Log: Title, author & recipient, date, number of pages, exemption and basis for exemption. RCW 42.56.070(1) & RCW 42.56.210(3)

  7. Act Requires That You Have A Policy • RCW 42.56.040 mandates that you publish your procedures • RCW 42.56.070 requires you to list all exemptions and specify the cost of copies • RCW 42.56.580 requires you to select and identify a public records officer

  8. Performance Audits State Auditor auditing agency’s public records responses Agencies with detailed policies and procedures perform better

  9. Attorney General Model Rule Very detailed comments created to assist requesters

  10. Time Bomb Seattle Post Intelligencer Tuesday, February 6, 2007 County may pay more in public records lawsuit -- Court orders award raised The state Court of Appeals said Monday that the nearly $300,000 that the county was ordered to pay Yousoufian in his long-running battle over public records wasn't enough -- and ordered a lower court to increase the amount.

  11. Goals of Policy • Fulfilling statutory requirements • Providing guidance to staff and requesters • Coordinating Public Records Act policy with other policies

  12. Model Public Records Act Policy I.A Purpose of the Policy • Avoid creating additional liability I.C Organization of the District • Information required by the Act.

  13. Model Public Records Act Policy I.B Definitions • Health Care Information • Quality Improvement Information

  14. Model Public Records Act Policy II.A.1 Public Records Officer II.A.2 How to make a request

  15. Model Public Records Act Policy II.B Procedures for making a request • Large requests • Notice to third parties

  16. Model Public Records Act Policy II.C Exemptions • Employee’s personal information • Drafts

  17. Model Public Records Act Policy II.C Exemptions (continued) • Quality Improvement Information • Medical Records

  18. Model Public Records Act Policy II.D Copying records/Costs II.E Inspection of records II.F Index

  19. Model Public Records Act Policy Health Care Information Addendum A. Procedures for requests D. Costs

  20. Model Public Records Act Policy Health Care Information Addendum B. Additional Exemptions C. Redaction

  21. Model Public Records Act Policy for Electronic Records Broad definition of “writing” makes almost everything a public record A.G.’s Model Rule is the only guidance

  22. Model Public Records Act Policy for Electronic Records 1. Intent 2. Definitions • Native format • Electronically redact • Reasonably locatable

  23. Model Public Records Act Policy for Electronic Records 3. Requests for electronic records Paper as default

  24. Model Public Records Act Policy for Electronic Records 4. Electronic records containing no exempt information

  25. Model Public Records Act Policy for Electronic Records • Electronic records containing exempt information • Records • Databases

  26. Model Public Records Act Policy for Electronic Records 6. Customized access • Creating new records • Programming • Metadata

  27. Model Public Records Act Policy for Electronic Records 7. Costs • Customized access • Copies in electronic format

  28. Model Public Records Act Policy Questions?

  29. For Further Information Ramsey Ramerman (Public records, general municipal) 206-447-4674 ramer@foster.com Sven Peterson (Public records, general health care) 206-447-5955 petes@foster.com Municipal Research Services Center Public Records Act manual http://www.mrsc.org/Publications/pra06.pdf

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