PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-07-005 What is the purpose of this chapter?, 357-07-010 What definitions apply to public records?, 357-07-015 How does the department index its records?, 357-07-020 How can I obtain a copy of the department's records index?, 357-07-025 How do I request to inspect or get a copy of a public record?, 357-07-030 How will the department respond to my request?, 357-07-035 What happens if the department determines that all or part of a requested public record is exempt from disclosure?, 357-07-050 What is the fee to copy a public record?, 357-07-060 When is the department of personnel permitted to dispose of public records?, 357-07-065 How is the department of personnel organized?, and 357-07-070 What is the department of personnel's general method of operation?.
Hearing Location(s): Department of Personnel, Classroom #4, 600 South Franklin Street, Olympia, WA 98504, on September 14, 2006, at 8:30 a.m.
Date of Intended Adoption: September 14, 2006.
Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, fax (360) 586-4694, by September 8, 2006. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact department of personnel by September 8, 2006, TTY (360) 753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These changes are necessary because the public disclosure law was recodified from chapter 42.17 RCW to chapter 42.56 RCW. The other changes are so department of personnel will be in compliance with chapter 42.56 RCW.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: These changes are necessary because the public disclosure law was recodified from chapter 42.17 to 42.56 RCW.
Name of Proponent: Department of personnel, governmental.
Name of Agency Personnel Responsible for Drafting: Connie Goff, 521 Capitol Way South, Olympia, WA, (360) 664-6250; Implementation and Enforcement: Department of personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
July 31, 2006
Eva N. Santos
Director
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-005, filed 12/21/04, effective 7/1/05.]
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-010, filed 12/21/04, effective 7/1/05.]
(2) ((The index is maintained in electronic form with
copies available on paper.)) The index includes:
(a) Personnel Resource Board decisions;
(b) Department of Personnel (DOP) Strategic Plan;
(c) Washington Management Service Strategic Plan;
(d) Administrative Staff Manuals;
(e) DOP Employee Survey;
(f) DOP Affirmative Action Plan;
(g) DOP Internal Policies;
(h) Director's Reviews;
(i) Director's Meeting Minutes;
(j) Referrals; and
(k) Registers
(3) ((The index contains topic and subtopic headings that
people can use to facilitate finding a specific public
record.)) The index is available to the public on the same
basis as other public records.
(4) ((The index is available to the public on the same
basis as other public records.)) The department revises and
updates the index monthly.
(((5) The department revises and updates the index
biennially.))
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-015, filed 12/21/04, effective 7/1/05.]
Public ((Records Officer)) Disclosure Coordinator
Washington State Department of Personnel
521 Capitol Way South
PO Box 47500
Olympia, Washington 98504
Email: publicrecords@dop.wa.gov
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-020, filed 12/21/04, effective 7/1/05.]
Public ((Records Officer)) Disclosure Coordinator
Washington State Department of Personnel
521 Capitol Way South
PO Box 47500
Olympia, Washington 98504
Email: publicrecords@dop.wa.gov
Fax: 360-586-4694
Phone: 360-664-6318
((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 form is available at http://www.dop.wa.gov/
for a public records request but is not required as long as
the request contains 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)) 42.56.070(9).
(((3) If the requester desires, the department will
provide a form to be used for public record requests.))
(((4))) (3) The public ((records officer or designee))
disclosure coordinator 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.
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-025, filed 12/21/04, effective 7/1/05.]
(((a))) (1) Make the requested record(s) available;
(2) Make the requested record(s) available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure.
(((b))) (3) Deny all or part of the request as described
in WAC 357-07-070; or
(((c))) (4) Acknowledge receipt of the request and
estimate the reasonable time period needed to respond to the
request as permitted by RCW ((42.17.320)) 42.56.
(((2) The director or designee within two working days of
the denial will review denials of requests for public
records.))
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-030, filed 12/21/04, effective 7/1/05.]
(2) The ((public records officer)) department 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)) 42.56 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)) 42.56 RCW ((that)) or other applicable
law which authorizes withholding the record or portion of the
record, and a brief explanation of how the exemption applies
to the material being withheld.
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-035, filed 12/21/04, effective 7/1/05.]
(a) Fifteen cents per page for copies of public records exceeding 25 pages; 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 and must be paid with a money order or cashier's
check; cash, credit cards, and personal checks are not an
acceptable form of payment. ((If copying costs are expected
to exceed fifty dollars, the department may request payment in
advance of making copies.)) The department may require a
deposit in an amount not to exceed ten percent of the
estimated cost of providing copies for a request.
(3) The public ((records officer)) disclosure coordinator
may waive any of the foregoing fees for good cause, including
but not limited to circumstances when total copying costs
would be negligible.
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-050, filed 12/21/04, effective 7/1/05.]
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-060, filed 12/21/04, effective 7/1/05.]
(1) Personnel services: ((which)) provides consultation
and services related to recruitment, assessment, affirmative
action, human resources, salary surveys, compensation plan
administration, and classification to state agencies,
institutions of higher education, and related higher education
boards.
(2) ((Human resource development services)) Organization
and employee 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.)) provides support services for facilities
and supplies, financial services including payroll and travel,
duplicating and mailroom services, Combined Fund Drive, and
administers the statewide employee survey. Within the
administrative division, the employee advisory service (EAS)
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.)) Legal Affairs:
provides affirmative action consultation, rule interpretation,
labor/employment discrimination guidance, legislative services
and responds to requests for public records. Provides
director's review and appeal services (located at 2828 Capitol
Blvd., Olympia, Washington), processes and adjudicates
requests for director's reviews and provides administrative
support for Personnel Resources Board appeals.
(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.)) Director's office: provides
agency leadership, internal human resources, planning and
performance, communication services, and operational support.
(6) Human resources information services (located at Building #1, Rowesix, 4424 6th Avenue, Lacey, Washington): administers the central personnel/payroll and insurance eligibility computer systems.
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-065, filed 12/21/04, effective 7/1/05.]
(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 rule making under the Administrative Procedure Act, chapter 34.05 RCW or quasi-judicial matters as defined in RCW 42.30.140(2), the presiding officer of the governing body of a public agency or a majority of the board members 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.
[Statutory Authority: Chapter 41.06 RCW. 05-01-202, § 357-07-070, filed 12/21/04, effective 7/1/05.]