WSR 15-07-091 PERMANENT RULES CASCADIA COLLEGE [Filed March 17, 2015, 2:26 p.m., effective April 17, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: The college name changed and to be in compliance, the WAC needed to be changed. As a result, further review was done and additional housekeeping corrections were made.
Citation of Existing Rules Affected by this Order: Amending WAC 132Z-276-010, 132Z-276-020, 132Z-276-030, 132Z-276-050, 132Z-276-060, 132Z-276-080, 132Z-276-110 - 132Z-276-130, 132Z-276-140.
Statutory Authority for Adoption: RCW 28B.50.140.
Adopted under notice filed as WSR 15-01-120 on December 18, 2014.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 10, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 10, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 24, 2015.
Dede Gonzales
Executive Assistant
to the President
Rules Coordinator
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-010 Purpose.
The purpose of this chapter is to ensure that Cascadia ((Community)) College complies with the provisions of chapter ((42.17)) 42.56 RCW and in particular with those sections of that chapter dealing with public records.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-020 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, photostating, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds or symbols, combination thereof and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, flash drives, drums and other documents.
(3) "Cascadia ((Community)) College" is an agency organized by statute pursuant to RCW 28B.50.040. Cascadia ((Community)) College shall hereafter be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.
AMENDATORY SECTION (Amending WSR 05-06-003, filed 2/17/05, effective 3/20/05)
WAC 132Z-276-030 Description of central and field organization of Cascadia ((Community)) College District No. 30.
(1) Cascadia ((Community)) College is a state agency established and organized under the authority of chapter 28B.50 RCW for the purpose of implementing the educational goals established by the legislature in RCW 28B.50.020. The administrative office of the district is located on the college campus within the county of King, Washington. The college campus likewise comprises the central headquarters for all operations of the district.
(2) The district is operated under the supervision and control of a board of trustees. The board of trustees consists of five members appointed by the governor. The board of trustees normally meets at least once each month, as provided in WAC 132Z-104-010. The board of trustees employs a president, an administrative staff, instructors, and other employees. The board of trustees takes such actions and promulgates such rules, and policies in harmony with the rules established by the state board for community and technical colleges, as are necessary to the administration and operation of the district.
(3) The president of the district is responsible to the board of trustees for the operation and administration of the district.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-050 Public records available.
All public records of the district, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.56 RCW ((42.17.310)) or other statutes.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-060 Public records officer.
The district's public records shall be in the charge of the public records officer designated by the chief administrative officer of the district. The person so designated shall be located in the district administrative office. The public records officer shall be responsible for the following: Implementation of the district's rules regarding release of public records, coordinating district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter ((42.17)) 42.56 RCW.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-080 Requests for public records.
In accordance with the requirements of chapter 42.56 RCW ((42.17.290)) that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records are only obtainable by members of the public when those members of the public comply with the following procedures:
(1) A request shall be made in writing upon a form prescribed by the district which shall be available at the district administrative office. The form shall be presented to the public records officer or, if the public records officer is not available, to any member of the district's staff at the district administrative office during customary office hours. The request shall include the following information:
(a) The name of the person requesting the record;
(b) The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) If the matter requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index;
(e) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested.
(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer, or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-100 Determination regarding exempt records.
(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132Z-276-080 is exempt pursuant to the provisions set forth in RCW 42.17.310 or other statute. Such determination may be made in consultation with the public records officer, president of the college district, or an assistant attorney general assigned to the district.
(2) Pursuant to RCW ((42.17.260)) 42.56.210, the district reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy or impair a vital governmental interest: Provided, however, in each case, the justification for the deletion shall be explained fully in writing.
(3) Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the college, within five business days, either:
(a) Provides the record;
(b) Acknowledges receipt of the request and provides a reasonable estimate of the time the college will require to respond to the request; or
(c) Denies the request.
(4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-110 Review of denials of public records requests.
(1) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.
(2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the president or designee.
(3) Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the president or designee, shall complete such review.
(4) During the course of the review the president or designee shall consider the obligations of the district to comply with the intent of chapter ((42.17)) 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in chapter 42.56 RCW ((42.17.310)) or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.
AMENDATORY SECTION (Amending WSR 05-06-003, filed 2/17/05, effective 3/20/05)
WAC 132Z-276-120 Protection of public records.
Requests for public records shall be made at the administrative office of the district at Cascadia ((Community)) College, 18345 Campus Way N.E., Bothell, WA 98011. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of WAC 132Z-276-090.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-140 Adoption of form.
The district hereby adopts for use by all persons requesting inspection and/or copying or copies of its records the following form:
REQUEST FOR PUBLIC RECORD TO
Cascadia ((Community)) College
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