WSR 06-19-064

PERMANENT RULES

DEPARTMENT OF PERSONNEL


[ Filed September 19, 2006, 8:12 a.m. , effective October 20, 2006 ]


Effective Date of Rule: October 20, 2006.

Purpose: The purpose of these rules is to ensure that department of personnel complies with the provisions of state law on public disclosure.

Citation of Existing Rules Affected by this Order: Amending 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?

Statutory Authority for Adoption: [Chapter 41.06 RCW.]

Adopted under notice filed as WSR 06-16-103 on August 1, 2006.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 11, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 11, Repealed 0.

Date Adopted: September 18, 2006.

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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)) 42.56 RCW. The statutes that specifically address public records are found in RCW ((42.17.250)) 42.56.001 through ((42.17.348)) 42.56.902.

[Statutory Authority: Chapter 41.06 RCW. 05-01-202, 357-07-005, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

WAC 357-07-010   What definitions apply to public records?   Terms defined in the State Public Records Act, chapter ((42.17)) 42.56.010 RCW, have the same meaning when used in these rules.

[Statutory Authority: Chapter 41.06 RCW. 05-01-202, 357-07-010, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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)) 42.56.070(3).

(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.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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:)) The index can be found at: http://www.dop.wa.gov/. A paper copy will be available upon request to the agency public disclosure coordinator:


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.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

WAC 357-07-025   How do I request to inspect or get a copy of a public record?   (1) ((All requests)) Requests for public records ((must)) may be ((submitted)) made in writing, ((to the department public records officer)) by email, fax, or orally to the public disclosure coordinator at:


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.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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 respond and either:

(((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.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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)) 42.56 RCW or other applicable law.

(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.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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 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.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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 ((42.17.020)) 42.56.010 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.

[Statutory Authority: Chapter 41.06 RCW. 05-01-202, 357-07-060, filed 12/21/04, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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

(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.]


AMENDATORY SECTION(Amending WSR 05-01-202, filed 12/21/04, effective 7/1/05)

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 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.]

Washington State Code Reviser's Office