WSR 04-20-085PROPOSED RULES
OFFICE OFFINANCIAL MANAGEMENT
[
Filed October 5, 2004,
1:52 p.m.
] Original Notice.
Preproposal statement of inquiry was filed as WSR 04-17-033.
Title of Rule and Other Identifying Information: Procedures for the request and disclosure of public records.
Hearing Location(s): Office of Financial Management,
Insurance Building, 4th Floor Conference Room, Olympia,
Washington, on November 10, 2004, at 10 a.m.
Date of Intended Adoption: December 1, 2004.
Submit Written Comments to: Roselyn Marcus, Office of
Financial Management, P.O. Box 43113, Olympia, WA 98504-3113,
e-mail Roselyn.Marcus@ofm.wa.gov, fax (360) 664-2832, by
November 5, 2004.
Assistance for Persons with Disabilities: Contact Nicole
Stauffer by November 3, 2004, TTY (360) 902-0679 or (360)
902-0555.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The current public
disclosure rules were last updated in 1976. The proposed
changes are intended to update the rules to ensure consistency
with current law, the organizational structure and current
agency practices. The changes also make technical adjustments
and clarifications, where needed and repeals unnecessary and
redundant provisions.
Reasons Supporting Proposal: The rule changes will
provide the public with the correct and accurate information
on how they can request public records from this agency.
Statutory Authority for Adoption: RCW 42.17.260.
Statute Being Implemented: Chapter 42.17 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of Financial Management, governmental.
Name of Agency Personnel Responsible for Drafting:
Roselyn Marcus, 300 Insurance Building, P.O. Box 43113,
Olympia, (360) 902-0568; and Implementation: Hal Spencer, 300
Insurance Building, P.O. Box 43113, Olympia, (360) 902-0525.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The implementation of these
rules have no or minimal cost, as authorized by statute, to
small business.
A cost-benefit analysis is not required under RCW 34.05.328. The Office of Financial Management (OFM) is not an
agency listed in RCW 34.05.328 (5)(a)(i). Further, OFM does
not voluntarily make section 201 applicable to this rule
adoption nor to date, has the Joint Administrative Rules
Review Committee made section 201 applicable to this rule
adoption.
October 4, 2004
Roselyn Marcus
Director of Legal Affairs
Rules Coordinator
OTS-7577.1
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-010
Purpose.
The purpose of this chapter
((shall be to ensure compliance by)) is to provide rules for
the office of ((program planning and fiscal)) financial
management ((with)) to implement the provisions of chapter 42.17 RCW((, Disclosure -- Campaign finances -- Lobbying -- Records;
and in particular, with RCW 42.17.250 through 42.17.340
dealing with)) relating to public records.
[Order 34, § 82-48-010, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-020
Definitions.
(((1) "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" means handwriting, typewriting, printing,
photostatting, photographing, and every other means of
recording any form of communication or representation,
including letters, 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.
(3) The abbreviation, OPP&FM, as used hereinafter shall
mean)) The definitions set forth in RCW 42.17.020 shall apply
to this chapter.
(1) "OFM" or agency means the office of ((program
planning and fiscal)) financial management. Where
appropriate, ((the abbreviation OPP&FM)) OFM or agency also
refers to the staff and employees of the office of ((program
planning and fiscal)) financial management.
(2) "Director" means the director of the office of
financial management.
[Order 34, § 82-48-020, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-030
Description of the office of program
planning and fiscal management.
((OPP&FM)) OFM is the state
agency having ((primary responsibility)) decision-making and
operational responsibilities for the ((fiscal)) financial and
management affairs of state government in accordance with
chapters 43.41 and 43.88 RCW. It is organized into a
((budgeting)) budget division, an accounting division, ((and))
labor relations division, executive policy division, and a
contracting, forecasting and risk management division along
with other divisions which support and augment these
activities.
[Order 34, § 82-48-030, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-040
Responsibilities.
The responsibilities of
((OPP&FM)) OFM include preparation of the governor's budget
for presentation to the legislature((,)) and budget
implementation monitoring through the operation of the budget
and allotment systems, and maintenance of the statewide
financial and administrative systems central books of account
containing timely records of changes in the financial status
of the state and other financial data bases. ((OPP&FM)) OFM
also provides technical assistance to the governor and
legislature by preparing notes and recommendations, based on
information it has obtained, concerning needs and policies
recommended for meeting these needs through state programs. In addition, OFM oversees statewide personal services
contracting activities, provides a comprehensive risk
management program for all state agencies and plays a critical
role in statewide public employee labor management relations.
Finally, the Revised Code of Washington contains ((a body of))
statutes ((which)) that assign specific duties of an advisory,
supervisory, regulatory or similar nature to ((OPP&FM)) the
agency. All of these relate either directly or indirectly to
the financial affairs of the state ((of)) and its agencies
thereof. ((A summary of statutes under which the agency
operates is maintained in the office of the deputy director of
OPP&FM. This summary is hereby designated as a portion of
this chapter.))
[Order 34, § 82-48-040, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-050
Method of operation.
In carrying out its
responsibilities, ((OPP&FM)) OFM receives information about
the management and operation of state agencies and their
programs. This information includes, but is not limited to:
Budget proposals, short and long-range goals and the plans
developed to meet them, present and projected workloads,
capital and operating resource requirements, detailed and
summary reports of current expenditures, financial
commitments, etc. This information is obtained both on a
routine basis and in response to requests from the executive
and legislative branches. It is recorded and evaluated by
((OPP&FM)) OFM and becomes the basis for reports,
recommendations, approval of expenditures and, in certain
cases, for the establishment of firm criteria for the
disbursement of state funds. An example of the latter use is
the annual determination of the population of all cities and
towns in the state, required by RCW 43.62.030, which is the
basis for distribution of tax revenues to these communities. In obtaining the necessary data to perform these
functions, ((OPP&FM)) OFM employs numerous methods of
communication including, but not limited to: Reports
submitted by state agencies, meetings with agency
representatives, memoranda and informal contacts between its
personnel and that of respondent agencies.
When necessary for the timely and uniform execution of
its duties, ((OPP&FM)) OFM exercises its statutory power to
place standardized reporting requirements upon other agencies
of state government.
((OPP&FM)) OFM has published and currently maintains ((a
manual of "Policies and regulations" for)) the State
Administrative and Accounting Manual, which contains policies,
regulations and guidance ((of)) for state agencies in
fiscally-related matters.
[Order 34, § 82-48-050, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-060
Public records available.
All public
records of this agency, as defined in ((WAC 82-48-020)) RCW 42.17.020, are ((deemed to be)) available for public
inspection and copying pursuant to these rules, except as
otherwise provided by ((RCW 42.17.260 and 42.17.310)) chapter 42.17 RCW, any other laws and these rules.
[Order 34, § 82-48-060, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-080
Public records officer.
The public
records officer, designated by the ((agency)) director, shall
be in charge of the agency's public records ((of OPP&FM)). The person so designated shall be located in the office of the
((deputy)) director. The public records officer shall be
responsible for ((the following:)) implementation of the
agency's rules and regulations regarding release of public
records for inspection and copying, coordinating the staff of
the agency in this regard, and generally ((insuring)) ensuring
compliance by the staff with the public records disclosure
requirements of chapter 42.17 RCW ((42.17.250 - 42.17.340. In
the absence of the public records officer when a request for
public records is made, a designated representative shall act
on his behalf in carrying)). The public records officer may
choose a designee, as may be necessary, to act in his or her
absence to carry out the above-described responsibilities.
[Order 34, § 82-48-080, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-090
Availability of records.
Public records
of ((OPP&FM)) OFM shall be ((made)) available for inspection
and the preparation of requested copies in the office of the
((deputy)) director or other agency location as applicable,
during normal office hours. For the purposes of this chapter,
normal office hours of ((OPP&FM)) OFM shall be from 8:00 a.m.
until noon and from 1:00 p.m. until 5:00 p.m., Monday through
Friday, excluding legal holidays.
[Order 34, § 82-48-090, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-100
Inspection of public records.
Public
records of ((OPP&FM)) OFM required by any person to be
disclosed in accordance with the provisions of chapter 42.17 RCW, shall be provided by the public records officer or his or
her designee for inspection in the office of the ((deputy))
director or other agency location as applicable. Persons
requesting such records may not remove them from the agency
office ((of the deputy director)). Public records requested
will be made available as promptly as is possible without
excessive interference with the other essential functions of
the agency, and in accordance with rules provided to protect
the records so requested from damage or disorganization.
[Order 34, § 82-48-100, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-110
Copying of public records.
No fee shall
be charged for the inspection of public records. The agency
may impose a charge for providing copies of public records. Such charges shall not exceed the amount necessary to
reimburse the agency for its actual costs incident to such
copying. If it is unduly burdensome for the agency to
calculate the actual cost, OFM may charge $.15 per page. No
person shall be provided a copy of a public record which has
been copied by the agency at the request of such person until
and unless such person has tendered payment of the charge for
such copying.
[Order 34, § 82-48-110, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-120
Commercial purposes.
No provisions of any
regulation contained in this chapter 82-48 WAC shall be
construed as giving authority to any officer or ((staff member
of OPP&FM)) OFM employee to give, sell, or provide access to
lists of individuals requested for commercial purposes. If a
list of individuals is included in the materials requested,
OFM reserves the right to request a signed statement that the
requestor will not use the list of individuals for commercial
purposes.
[Order 34, § 82-48-120, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-130
Agency rules for inspection and copying of
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, ((OPP&FM)) OFM has established ((rules))
procedures under which public records may be inspected and
copies of such records obtained((. The text of these rules is
available to all persons in the office of the deputy director,
and is designated as a part of this chapter)) as follows: (1) Written public records request may be sent to the
agency by mail, facsimile or e-mail. Requests may be made in
person or by telephone; however, the requesting party may be
asked to reduce the request to writing. The purpose of
requiring a written request is to assist the agency in
tracking, managing and responding to requests in a timely and
orderly fashion.
(2) The request shall include the name of the requesting
party, contact information and the public records requested.
Identification of the records requested shall be sufficiently
described so that the agency may identify the record. If the
record is not clearly identified, the requesting party may be
asked for clarification.
(3) The public records officer or his or her designee may
assist persons making public records requests to appropriately
identify the public records being sought.
[Order 34, § 82-48-130, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-140
Exemptions -- Court protection.
((OPP&FM))
OFM reserves the right to determine that a public record or
portion of a public record requested in accordance with the
procedures outlined in chapter 82-48 WAC ((82-48-110)) is
exempt from disclosure under the provisions of chapter 42.17
RCW ((42.17.310)). In addition, pursuant to RCW 42.17.260, ((OPP&FM)) OFM
reserves the right to delete identifying details when it makes
available any public record in cases when there is reason to
believe that disclosure of such details would be an invasion
of personal privacy protected by chapter 42.17 RCW.
Responses by ((OPP&FM)) OFM refusing, in whole or in
part, inspection or copying of any public record shall be in
writing and shall include a statement of the specific
exemption authorizing the withholding of the public record or
part and a brief explanation of how the exemption applies to
the record withheld.
((Pursuant to RCW 42.17.330, OPP&FM reserves the right to
seek to enjoin the examination of any record, the examination
of which the agency determines would clearly not be in the
public interest and would substantially and irreparably damage
vital government functions.))
[Order 34, § 82-48-140, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-150
Review of denial of public records
request.
Upon denial of any request for public records
((based on the exemptions contained in RCW 42.17.310, the
written record)), the requesting party may petition for review
of such denial ((shall be submitted)) to the director ((of
OPP&FM)). The director or his or her designee ((for)) shall
review((.)) the denial and provide the results of such review
((shall be delivered)) in writing to the petitioner and the
public records officer before the end of the second business
day following the ((denial. The public records officer shall
make the results of such review immediately available to the
person whose request was denied)) receipt of the request for
review. This review shall constitute final agency action for
purposes of judicial review.
[Order 34, § 82-48-150, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-160
Records index.
The office of ((program
planning and fiscal)) financial management shall maintain and
make available for public inspection and copying an
appropriate index in accordance with RCW 42.17.260.
[Order 34, § 82-48-160, filed 9/16/76.]
AMENDATORY SECTION(Amending Order 34, filed 9/16/76)
WAC 82-48-170
Communications with the agency.
All
communications with ((OPP&FM)) OFM for the purpose of
obtaining information, making submittals or requests, or
making inquiries concerning the agency's rules for compliance
with chapter 42.17 RCW shall be addressed as follows:
|
Office of ((Program Planning |
|
and Fiscal)) Financial Management |
|
Public Records Officer |
|
((House Office Building)) 300 Insurance Building |
|
P.O. Box 43113 |
|
Olympia, WA 98504-3113 |
The telephone number of the public records officer is
(((206) 753-5460)) 360-902-0525. Or you can e-mail your
request to publicdisclosure@ofm.wa.gov.
[Order 34, § 82-48-170, filed 9/16/76.]
REPEALER The following section of the Washington Administrative Code is repealed:
© Washington State Code Reviser's Office