((ACCESS TO)) PUBLIC RECORDS

The purpose of this chapter is to ensure that Bates Technical College, District No. 28, complies with the provisions of chapter 42.17 RCW and in particular with those sections of that chapter dealing with public records.

(1) "Public record" includes any writing containing information relating to the conduct or performance of any government ((or the performance of any governmental))agency 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, drums, and other documents.

(3) "Bates Technical College" is an agency organized by statute pursuant to RCW 28B.50.040. Bates Technical College shall hereafter be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.

(1) Bates Technical 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))in the downtown campus within the city of Tacoma, Washington. The downtown campus likewise comprises the central headquarters for all operations of the district. Field activities for the south campus((, home and family life center, and business and management center branches))and central campus of the district are administered by personnel located at those ((branches))campuses in Tacoma, Washington; all other field activities of the district are directed and administered by personnel located on the campus at 1101 South Yakima Avenue, Tacoma, WA 98405.

(2) The district is ((operated under the supervision and control of a))governed by the 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 495A-104-010. The board of trustees employs ((a president, an administrative staff, members of the faculty 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. A detailed description of the administrative organization of the district is contained within the Policies and Procedures Manual for Bates Technical College, a current copy of which is available for inspection at the administrative office of the district))and delegates to the president authority for all administrative and operational responsibilities.

(1) ((Formal decision-making procedures))Board policies are established by the board of trustees through rules promulgated in accordance with the requirements of chapter 34.05 RCW, the Administrative Procedure Act.

(2) ((Informal decision-making procedures at the college, as established by the board of trustees, are set forth in the Policies and Procedures Manual of Bates Technical College, a current copy of which is available for inspection at the administrative office of the district.))College policies are established by the president to address all administrative and operational activities.

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 RCW 42.17.310 or other statutes.

The district's public records shall be in the charge of the public records officer designated by the ((chief administrative officer))president 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 RCW.

((In accordance with the requirements of 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:

(e) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested.))(1) The public records officer or designee will provide assistance to any member of the public requesting to inspect the records of the district. However, a person seeking records must make a specific request for identifiable records and must clearly state that the inquiry is a public records request.

(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.

((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) In accordance with RCW 42.56.070(7) and 42.56.120, the district may charge fees for providing copies of public records. The district has determined that calculating the actual costs for providing copies would be unduly burdensome. The determination is based on the large number of factors involved in calculating the actual cost and the frequency with which these factors change. Therefore, the district adopts the schedule of fees provided in RCW 42.56.120(2).

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 495A-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, the district reserves the right to ((delete))redact 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)), or other applicable statutes.

(3) ((Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the person requesting the public record is notified within two business days as to whether his request for a public record will be honored.

(4))) All denials of requests for public records must be accompanied by a written statement, signed by the public records officer or ((his/her)) 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.

(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 to the public records officer within ten business days. 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 of the district, or his or her designee.

(4)))After receiving a written request for review of a decision denying a public record, the public records officer or designee shall refer the request for review to the president of the college. The president or designee shall consider the matter and either affirm or reverse such denial. All requests shall receive a final decision within five business days following receipt of the appeal by the district. The time for review of the denial may be extended by mutual agreement of the district and the requestor.

(3) During the course of the review the president or ((his or her)) designee shall consider the obligations of the district to comply with the intent of chapter 42.17 RCW ((insofar as it requires providing full public access to official records, but shall also consider the))and exemptions provided in 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)).

(1) The district has available for the use of all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated by the district after September 1, 1991, subject to the limits of the college's retention schedule:

(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(b) Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;

(c) Administrative staff manuals and instructions to staff that affect a member of the public;

(d) Planning policies and goals((,)) and interim and final planning decisions;

(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and

(f) Correspondence((,)) and materials referred to ((therein, by and with the agency))in this chapter relating to any regulatory, supervisory, or enforcement responsibilities of the agency((, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party)).

(2) The current index maintained by the district shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

If the requested record is not exempt from release and contains information which could identify an individual or agency, the district may notify the individual or agency thus identified that release of the record has been requested. In such cases, the district's initial response to the request will allow a reasonable time for the identified individual or agency to seek court protection from release of the record.