WSR 05-01-202

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed December 21, 2004, 3:24 p.m. , effective July 1, 2005 ]


Purpose: This chapter of rules ensures that the Department of Personnel complies with the provisions of state law on public disclosure.

Statutory Authority for Adoption: Chapter 41.06 RCW.

Adopted under notice filed as WSR 04-13-181 on June 23, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 15, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 15, Amended 0, Repealed 0.

Date Adopted: July 29, 2004.

E. C. Matt

Director

Chapter 357-07 WAC

Public Records


NEW SECTION
WAC 357-07-005   What is the purpose of this chapter?   The purpose of this chapter is to ensure that the department of personnel complies with the provisions of state law on public disclosure, chapter 42.17 RCW. The statutes that specifically address public records are found in RCW 42.17.250 through 42.17.348.

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NEW SECTION
WAC 357-07-010   What definitions apply to public records?   Terms defined in the state public records act, chapter 42.17 RCW, have the same meaning when used in these rules.

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NEW SECTION
WAC 357-07-015   How does the department index its records?   (1) The department maintains and makes available for public inspection and copying an index that provides identifying information for public records as described in RCW 42.17.260.

(2) The index is maintained in electronic form with copies available on paper.

(3) The index contains topic and subtopic headings that people can use to facilitate finding a specific public record.

(4) The index is available to the public on the same basis as other public records.

(5) The department revises and updates the index biennially.

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NEW SECTION
WAC 357-07-020   How can I obtain a copy of the department's records index?   The department makes copies of the index available at no charge upon request to the agency public records officer at:


Public Records Officer

Washington State Department of Personnel

521 Capitol Way South

PO Box 47500

Olympia, Washington 98504

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NEW SECTION
WAC 357-07-025   How do I request to inspect or get a copy of a public record?   (1) All requests for public records must be submitted in writing to the department public records officer at:


Public Records Officer

Washington State Department of Personnel

521 Capitol Way South

PO Box 47500

Olympia, Washington 98504


The department will not accept public records requests via e-mail unless such a request is approved in advance by the director, the public records officer, or an authorized designee.

(2) Public records requests must contain the following information:

(a) The name, address and telephone number of the person requesting the record;

(b) The date on which the request is being made;

(c) A description of the record(s) requested;

(d) If the requested record is referenced in a current department of personnel index, a reference to the record as described in the index; and

(e) If the request is for a list of individuals, the requester must certify that the information will not be used for commercial purposes except as permitted by RCW 42.17.260(9).

(3) If the requester desires, the department will provide a form to be used for public record requests.

(4) The public records officer or designee will assist members of the public to clarify a request or to identify specific records or types of records. The department may require a requester to provide additional information to sufficiently identify records or to determine whether a lawful exemption applies.

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NEW SECTION
WAC 357-07-030   How will the department respond to my request?   (1) Within five days of receiving a public records request, the department will

(a) Make the requested record(s) available;

(b) Deny all or part of the request as described in WAC 357-07-070; or

(c) Acknowledge receipt of the request and estimate the reasonable time period needed to respond to the request as permitted by RCW 42.17.320.

(2) The director or designee within two working days of the denial will review denials of requests for public records.

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NEW SECTION
WAC 357-07-035   What happens if the department determines that all or part of a requested public record is exempt from disclosure?   (1) The department must determine whether all or any portion of a requested public record is exempt from disclosure under chapter 42.17 RCW or other applicable law.

(2) The public records officer may delete information from any record before permitting public inspection or copying if the information is exempt from disclosure according to RCW 42.17.310, another section of chapter 42.17 RCW or other applicable law. After such data is deleted, the remainder of the record must be made available.

(3) The department must accompany any denial of a requested public record, or portion of a record, with a written statement specifying the reason for the denial. The statement must include a reference to the specific exemption in chapter 42.17 RCW that authorizes withholding the record or portion of the record, and a brief explanation of how the exemption applies to the material being withheld.

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NEW SECTION
WAC 357-07-040   When are public records available?   Public records are available for inspection and copying from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.

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NEW SECTION
WAC 357-07-045   Where can I inspect a public record?   The department makes non-exempt public records available for inspection at its offices during office hours under the conditions described in WAC 357-07-040. There is no fee to inspect public records.

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NEW SECTION
WAC 357-07-050   What is the fee to copy a public record?   (1) The department makes copies of its rules available at no charge. Otherwise, the following fees apply:

(a) Fifteen cents per page for copies of public records; or

(b) The actual cost of postage or delivery and for duplicating tape recordings, videotapes, photographs, slides, disks, or similar media.

(2) Charges are ordinarily payable at the time copies are furnished. If copying costs are expected to exceed fifty dollars, the department may request payment in advance of making copies.

(3) The public records officer may waive any of the foregoing fees for good cause, including but not limited to circumstances when total copying costs would be negligible.

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NEW SECTION
WAC 357-07-055   What restrictions apply when I come to inspect or get copies of public records?   In order to adequately protect the public records of the department, the following restrictions apply:

(1) No requester may remove a public record from the department's premises.

(2) A requester may only inspect public records in the presence of a designated department employee.

(3) During inspection, a requester must not mark or alter a public record in any manner.

(4) Public records that are maintained in a file or jacket, or in chronological order, may not be dismantled except by a department employee for purposes of copying.

(5) When copying public documents, a department employee will operate the copy machine.

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NEW SECTION
WAC 357-07-060   When is the department of personnel permitted to dispose of public records?   Public records as defined in RCW 40.14.010 or RCW 42.17.020 are the property of the state of Washington and may only be disposed of as authorized by the state records committee under chapter 40.14 RCW.

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NEW SECTION
WAC 357-07-065   How is the department of personnel organized?   The staff is organized in five general areas:

(1) Personnel services which provides consultation and services related to recruitment, assessment, affirmative action, salary surveys, compensation plan administration, and classification to state agencies, institutions of higher education, and related higher education boards.

(2) Human resource development services (located at 600 South Franklin Street, Olympia, Washington) which provides consultation on human resource development activities to agencies, training which is interagency in scope, and guidelines for agency planning and evaluation of human resource development.

(3) Administrative services which provides departmental fiscal management, facilities, agency personnel services, affirmative action, client relations, and labor relations services. Within the Administrative division, the employee advisory service offices are at the following locations: 3400 Capitol Boulevard, Olympia, Washington; 613 - 19th Avenue E., Suite 101, Seattle, Washington; and at Suite 604, Northtown Office Building, Spokane, Washington.

(4) Client and employee relations services which provides general human resource consulting services and organizational development services.

(5) Human resources information services (located at Building #1, Rowesix, 4224 6th Avenue, Lacey, Washington) which administers the central personnel/payroll and insurance eligibility computer systems.

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NEW SECTION
WAC 357-07-070   What is the department of personnel's general method of operation?   (1) Agency business is conducted as described in chapters 41.04 and 41.06 RCW, and Title 357 WAC.

(2) All interested parties may participate in formulation of agency rules. The department is required to provide twenty days notice of formal action by the director or the personnel resources board on any rule, classification plan, or compensation plan.

(3) For matters other than rulemaking under the administrative procedure act, chapter 34.05 RCW or quasi-judicial matters as defined in RCW 42.30.140(2), the board may call a special meeting upon twenty-four hour notice as provided in the open public meetings act, RCW 42.30.080.

(4) Before rule proposals are made to the board or director, department staff may conduct informal work sessions as necessary to ensure representation from interested parties.

(5) The department must conduct all business in accessible facilities and in a manner that reasonably accommodates the needs of disabled persons.

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NEW SECTION
WAC 357-07-075   How can I contact the department of personnel?   The central office of the department of personnel is located at 521 Capitol Way S., PO Box 47500, Olympia, Washington 98504. The department only accepts public records requests as described in WAC 357-07-025.

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