WSR 18-07-070 PROPOSED RULES CASCADIA COLLEGE [Filed March 16, 2018, 11:28 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-17-127. Title of Rule and Other Identifying Information: Access to public records, chapter 132Z-276 WAC. Hearing Location(s): On April 27, 2018, at 1:30 p.m., at Cascadia College, 18345 Campus Way N.E., Room CC1-250, Bothell, WA 98011. Date of Intended Adoption: May 16, 2018. Submit Written Comments to: Vicki L. Newton, Rules Coordinator, Office of the President, Cascadia College, 18345 Campus Way N.E., Bothell, WA 98011, email vnewton@cascadia.edu, fax 425-352-8313, by April 27, 2018. Assistance for Persons with Disabilities: Contact Gordon Dutrisac, phone 425-352-8288, email gdutrisac@cascadia.edu, by April 20, 2018. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule changes are needed to update, clarify, and streamline procedures governing access to public records of the college, as well as to incorporate recent amendments to the Public Records Act, chapter 42.56 RCW. Statute Being Implemented: Chapter 42.56 RCW. Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: Cascadia College, public and governmental. Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Vicki L. Newton, CC2-281, 425-352-8252. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules are not "significant legislative rules" as defined under RCW 34.05.328(5). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; and rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045. March 16, 2018 Vicki L. Newton Executive Assistant
to the President
Rules Coordinator
AMENDATORY SECTION (Amending WSR 15-07-091, filed 3/17/15, effective 4/17/15)
WAC 132Z-276-010 Purpose.
The purpose of this chapter is to ((ensure that)) provide for public access to existing, identifiable, nonexempt public records of Cascadia College ((complies with the provisions of chapter 42.56 RCW and in particular with those sections of that chapter dealing with public records)) in accordance with the Public Records Act, chapter 42.56 RCW.
AMENDATORY SECTION (Amending WSR 15-07-091, filed 3/17/15, effective 4/17/15)
WAC 132Z-276-020 Definitions.
(1) Public record. The term "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)) and other terms defined in the Public Records Act shall have the same meaning in this chapter that they have under the Public Records Act.
(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 College" is an agency organized by statute pursuant to RCW 28B.50.040. Cascadia College shall hereafter be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.)) Public Records Act. References in this chapter to the "Public Records Act" are to chapter 42.56 RCW.
(3) Requestor. A "requestor" is any person or entity requesting public records of the college pursuant to the Public Records Act.
(4) College. The term "college" means Cascadia College District No. 30.
AMENDATORY SECTION (Amending WSR 15-07-091, filed 3/17/15, effective 4/17/15)
WAC 132Z-276-030 Description of ((central and field organization of Cascadia)) the college ((District No. 30)).
(1) Mission - Governance. Cascadia College is a ((state agency)) public institution of higher education 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)) as a community college offering academic and professional programs leading to the associate and applied baccalaureate degrees. The college is governed by a board of trustees appointed by the governor. The board appoints a president who serves as the chief executive officer responsible for the administration of the college.
(2) College campus. The campus of Cascadia College is located at 18345 Campus Way N.E., Bothell, Washington 98911. The college is collocated with the Bothell campus of the University of Washington. Cascadia College District No. 30 encompasses the boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King and Snohomish counties.
(3) Policies and procedures. College policies meeting the definition of a "rule" under the Administrative Procedure Act, chapter 34.05 RCW, are adopted by the board of trustees and published in Title 132Z of the Washington Administrative Code (WAC). Other college policies approved by the administration are published in college policies and procedures manuals.
(4) Documents index. As an institution of higher education, the college generally does not have occasion to issue nonexempt "final orders," "declaratory orders," "interpretive statements," or "policy statements" as those terms are defined and used in the Public Records Act. The secretary of the college's board of trustees does maintain and publish on the college web site a documents index of the board's approved meeting agendas and minutes. Inquiries may be directed to the secretary of the board in the office of the president.
(5) College web site. The college's official web site, available at www.cascadia.edu, provides general information about the college and its governing board, administration, educational programs, and policies and procedures. Persons seeking public records of the college are encouraged to view the records available on the web site prior to submitting a records request.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-040 ((Operations and procedures.)) Public records officer.
((Formal decision-making procedures are established by the board of trustees through rules promulgated in accordance with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.)) (1) Designation. A public records officer designated by the college shall be responsible for responding to public records requests in accordance with the provisions of this chapter and applicable provisions of the Public Records Act, chapter 42.56 RCW. The duties of the public records officer under this chapter may be delegated to one or more public records assistants designated by the college.
(2) Duties. The public records officer shall oversee the college's compliance with the Public Records Act. The records officer (or designee) and the college are responsible for providing the fullest assistance to requestors of public records, for ensuring that public records are protected from damage or disorganization, and for preventing records requests from excessively interfering with essential institutional functions or unreasonably disrupting the operations of the college. The college may take reasonable precautions to prevent a requestor from being unreasonably disruptive or disrespectful to college staff.
(3) Records office. Inquiries regarding public records of the college may be addressed to the public records officer at the following office address:
Public Records Officer
Cascadia College
18345 Campus Way N.E.
Bothell, WA 98011
425-352-8810
publicrecords@cascadia.edu
(4) Office hours. The regular office hours of the public records office are from 8:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays.
AMENDATORY SECTION (Amending WSR 15-07-091, filed 3/17/15, effective 4/17/15)
WAC 132Z-276-050 Requests for 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 or other statutes.)) (1) Written requests preferred. Requests for public records of the college may be addressed to the public records officer at the address given in WAC 132Z-276-040. The college encourages, but does not require, requestors to use the public records request form made available by the public records office on the college web site (www.cascadia.edu/publicrecords). Requests made orally, whether by phone or in person, may be confirmed in writing by the public records officer.
(2) Contents of records requests. A request for public records must include the following information:
(a) The name and contact information of the person requesting the records;
(b) The requestor's mailing address, which may be an electronic mail address;
(c) The date and time of the request;
(d) A description of the requested records that is sufficiently detailed to enable the public records officer to identify and locate the records; and
(e) A statement indicating whether the requestor wishes to inspect the records or to receive copies of the records in paper or electronic form.
(3) Lists of individuals for commercial purposes. State agencies and institutions are not permitted to provide lists of individuals for commercial purposes. A request for lists of individuals must be accompanied by the requestor's signed declaration that the list will not be used for commercial purposes. The public records officer may inquire as to the requestor's intended use of the list and may deny the request if it is evident from the request that the list will be used for a commercial purpose.
(4) Assistance in identifying records. The public records officer may assist requestors in identifying the specific records sought by the requestor. With limited exceptions, a requestor may not be required to state the purpose of the request. However, the records officer may ask the purpose of the request if such inquiry will assist in identifying the records requested.
AMENDATORY SECTION (Amending WSR 15-07-091, filed 3/17/15, effective 4/17/15)
WAC 132Z-276-060 ((Public)) Processing of records ((officer)) requests.
((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 42.56 RCW.)) (1) Applicable law. Requests for public records will be processed in accordance with these rules and applicable provisions of the Public Records Act, chapter 42.56 RCW. Guidance concerning the application of these rules may be found in the advisory model rules adopted by the attorney general under chapter 44-14 WAC.
(2) Prioritizing of requests. Public records requests generally will be processed in the order in which they are received by the records office and within the staffing limitations of the office. However, the records office may expedite requests for a single record or for only a few records, if such records are easily identifiable and can be readily retrieved. The records office may ask, but not require, a requestor to prioritize the records the requestor is seeking.
(3) Clarification of requests. The public records officer may request clarification of a records request in accordance with applicable provisions of the Public Records Act. The requestor must respond to the request for clarification within thirty days of the request.
(4) Providing records by installment. If a requestor submits multiple records requests, or if a requestor seeks a large number of records or many different types of records, the public records officer may provide access to the records in installments in accordance with applicable provisions of the Public Records Act.
(5) Denial of bot requests. The public records officer may deny a bot request as defined under the Public Records Act, RCW 42.56.080(3), if responding to the multiple requests would cause excessive interference with other essential functions of the college and the records officer reasonably believes the request was automatically generated by a computer program or script.
(6) Closure of requests. When the requestor either withdraws the request, or fails to clarify an entirely unclear request, or fails to fulfill the requestor's obligations to inspect records, pay the deposit, pay the required fees for an installment, or make final payment for the requested copies, the public records officer will close the request and notify the requestor that the request has been closed.
AMENDATORY SECTION (Amending WSR 05-06-003, filed 2/17/05, effective 3/20/05)
WAC 132Z-276-070 ((Office hours.)) Records exempt from inspection or copying.
((Public records shall be available for inspection and copying during the customary office hours of the district. For purposes of this chapter, the customary office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m., Monday through Friday, excluding legal holidays and holidays established by the college calendar.)) (1) Public Records Act exemptions. The Public Records Act, chapter 42.56 RCW, exempts from inspection or copying certain categories of records as set forth in the Public Records Act or under other statutes. The public records officer will disclose the existence of exempt records as required by law, but will deny the inspection or copying of such records to the extent that the records are exempt from inspection or copying under the Public Records Act or other applicable law.
(2) Commonly applied exemptions. The public records office maintains a list explaining the exemptions most commonly applied by the college in processing requests for public records. A copy of the list can be requested from the public records officer and will typically be provided by the records officer in responding to a request for records that are determined in whole or in part to be exempt from inspection or copying.
(3) Determining applicable exemptions. The public records officer may seek information from the requestor sufficient to determine whether another statute prohibits disclosure of the requested records. For example, student education records generally may not be disclosed to third parties without the student's written consent.
AMENDATORY SECTION (Amending WSR 15-07-091, filed 3/17/15, effective 4/17/15)
WAC 132Z-276-080 ((Requests for)) Public records available for inspection.
((In accordance with the requirements of chapter 42.56 RCW 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.)) (1) Scheduling of appointments. Public records identified as responsive to a public records request may be made available for inspection and copying during regular office hours by scheduling an appointment with the public records officer. The requestor must review the assembled records, or installment of records, within thirty days of being notified that the records are available for review. The records officer will notify the requestor in writing of this requirement and will ask the requestor to contact the records office to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the college may close the request.
(2) Protection of records. The public records officer will be responsible for providing full access to public records made available for inspection, for protecting the records from damage or disorganization, and for preventing excessive interference with essential college functions. Public records made available for inspection may not be removed from the office without the permission of the records officer.
(3) Copying of records. The public records officer will arrange for copying of any records designated by the requestor and will charge such copying fees as may apply under WAC 132Z-276-090.
AMENDATORY SECTION (Amending WSR 96-14-098, filed 7/2/96, effective 8/2/96)
WAC 132Z-276-090 Copying fees—Payments.
((No fee shall be charged for the inspection of public records. The district may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment to copy public records and such charges shall not exceed the amount necessary to reimburse the district for its actual costs incident to such copying. No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate district official. All charges must be paid by money order, cashier's check, or cash in advance.)) (1) Fees and payment procedures. The following copying fees and payment procedures apply to requests to the college under chapter 42.56 RCW received on or after the effective date of this section.
(2) Inspection of records. There is no fee for inspecting public records made available for inspection by the public records officer under WAC 132Z-276-080.
(3) Actual costs not calculated. Pursuant to RCW 42.56.120 (2)(b), the college is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons: (a) The institution does not have the resources to conduct a study to determine all its actual copying costs; (b) to conduct such a study would interfere with other essential college functions; and (c) through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3), and (4).
(4) Default fees adopted. The college will charge for copies of records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The college will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the college may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The college may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the college are summarized in the fee schedule available on the college's web site at www.cascadia.edu.
(5) Advanced payment required - Fee waivers. Requestors are required to pay for copies in advance of receiving records or an installment of records. The records officer will notify the requestor when payment is due. Fee waivers are an exception and are available for some small requests under the following conditions.
(a) It is within the discretion of the public records officer to waive copying fees when: (i) All of the records responsive to an entire request are paper copies only and consist of twenty-five or fewer pages; or (ii) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.
(b) Fee waivers are not applicable to records provided in installments.
(6) Copying fee deposits. The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceed twenty-five dollars.
(7) Payment method. Payment should be made by check or money order payable to Cascadia College. The college prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.
(8) Closure of request for nonpayment. The college will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.
AMENDATORY SECTION (Amending WSR 15-07-091, filed 3/17/15, effective 4/17/15)
WAC 132Z-276-110 Review of denials of ((public)) records requests.
(1) ((Any person)) Petition for internal administrative review. A requestor who objects to the denial, or partial denial, of a records 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 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in chapter 42.56 RCW 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)) in writing to the public records officer for a review of that decision. The public records officer will promptly refer the petition to the office of the president. A senior administrator designated by the president will consider the petition and will render a decision within two business days following the initial receipt of the petition by the public records officer. The time for considering the petition may be extended by mutual agreement of the college and the requestor.
(2) Review by attorney general's office. A requestor who objects to the denial, or partial denial, of a records request may request the office of the attorney general to review the matter as provided in RCW 42.56.530 and WAC 44-06-160. Requests for attorney general review must be directed to Public Records Review, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100.
(3) Judicial review. A requestor may obtain judicial review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative review.
AMENDATORY SECTION (Amending WSR 15-07-091, filed 3/17/15, effective 4/17/15)
WAC 132Z-276-120 Court protection of public records.
((Requests for public records shall be made at the administrative office of the district at Cascadia 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.)) (1) Notifying interested persons. The college, as required or permitted by law or contract, including any collective bargaining agreement, and in other appropriate circumstances, may notify persons named in a public record, or to whom the record specifically pertains, that release of the record has been requested and that such persons may apply to the superior court for a protective order under RCW 42.56.540.
(2) Applying for court protection. The college in appropriate circumstances may apply to the superior court for a protective order enjoining the examination of any specific public record in accordance with the procedures under RCW 42.56.540. Nothing in this chapter shall be construed as either requiring or prohibiting the college's application to the court for such an order.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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