WSR 00-06-074

PROPOSED RULES

SHORELINE COMMUNITY COLLEGE


[ Filed March 1, 2000, 9:40 a.m. ]

Supplemental Notice to WSR 00-02-074.

Preproposal statement of inquiry was filed as WSR 99-23-041.

Title of Rule: Public records, chapter 132G-276 WAC, including a minor change to WAC 132G-276-020(2) and a substantial change to WAC 132G-276-130.

Purpose: This supplemental filing denotes a minor change to WAC 132G-276-020(2) to clarify that "writing" includes e-mail; and a substantial change to WAC 132G-276-130.

Statutory Authority for Adoption: RCW 28B.50.140(13) and 42.17.260(5).

Summary: A minor change is being made to WAC 132G-276-020(2) to clarify the definition by including e-mail. A substantial supplementary change is being made to WAC 132G-276-130 to bring the agency's rule into compliance with RCW 42.17.260(5).

Reasons Supporting Proposal: WAC 132G-276-020(2), to include e-mail in the definition of "writing" for clarification. WAC 132G-276-130, to correct the indexing requirements for SCC, a state agency.

Name of Agency Personnel Responsible for Drafting and Implementation: Sarah Nicholson, Shoreline Community College, (206) 546-4634; and Enforcement: Paulette Fleming, Shoreline Community College, (206) 546-4694.

Name of Proponent: Shoreline Community College, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 132G-276-020(2), to ensure and clarify the definition to include e-mail. WAC 132G-276-130, to correct the reference to the indexing system applicable to state agencies under RCW 42.17.260(5).

Agency is an institution of higher education, RCW 28B.10.016(4). The following rules govern the operation of the agency.

Proposal Changes the Following Existing Rules: WAC 132G-276-020(2): No. The current WAC 132G-276-130 incorrectly references the indexing system counties and municipalities must maintain rather than what is required for state agencies under RCW 42.17.260(5).

Changes are being made of the rules governing the operation of the agency. The main purpose of the changes is to clarify and streamline the rules of the agency and bring the code into compliance with the provisions of chapter 42.17 RCW, particularly those related to RCW 42.17.250 - 42.17.320 dealing with public records.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no anticipated economic impact on small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Small Conference Room, Shoreline Community College, 16101 Greenwood Avenue North, Seattle, WA 98133, on April 6, 2000, at 11:00 a.m.

Assistance for Persons with Disabilities: Contact Paulette Fleming by March 30, 2000, TDD (206) 546-4520, or (206) 546-4694.

Submit Written Comments to: Paulette Fleming, Vice-President, Human Resources/Employee Relations, Shoreline Community College, fax (206) 546-5850, by April 6, 2000.

Date of Intended Adoption: April 21, 2000.

February 29, 2000

Paulette Fleming

Vice-President

Office of Human Resources/

Employee Relations

OTS-3660.2


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-010
Purpose.

The purpose of this chapter shall be to ensure compliance by the ((Community College District Number Seven)) college with the provisions of chapter 42.17 RCW, Disclosure -- Campaign finances -- Lobbying -- Records; and in particular with RCW 42.17.250 - 42.17.320 of that act, dealing with public records.

[Order 3-11:74, 132G-276-010, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-020
Definitions.

(1) Public records. "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. "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including letters, e-mail, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.

(((3) Community College District Number Seven. The Community College District Number Seven is an agency organized by statute pursuant to RCW 28B.50.040. The Community College District Number Seven shall hereinafter be referred to as the "college" and includes the institution known as Shoreline Community College. Where appropriate, the term college also refers to the board of trustees, and the officers, agents, and employees of the college.))

[Order 3-11:74, 132G-276-020, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-050
Public records available.

All public records of the college, as defined in WAC 132G-276-020 and RCW 42.17.020 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by ((RCW 42.17.310 and WAC 132G-276-100)) law.

[Order 3-11:74, 132G-276-050, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-060
Public records officer.

The college's public records shall be in the charge of the public records officer designated by the college president. The person so designated may in turn designate persons in the administrative office to implement this section. The public records officer and his or her designees shall be responsible for the following: The implementation of the college's rules and regulations regarding release of public records, coordinating the staff of the college in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter 42.17 RCW.

[Order 3-11:74, 132G-276-060, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-080
Requests for public records.

In accordance with requirements of chapter 42.17 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 may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the college which shall be available at its administrative office on the campus. The form shall be presented to the public records officer and/or his or her designees, at the administrative office on the campus 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 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 and/or his or her designees, to assist the member of the public in appropriately identifying the public record requested.

(3) The public records officer and/or his or her designee to whom the request is presented shall respond promptly ((and shall)) by:

(a) ((Make)) Making the requested document available((, or));

(b) ((State)) Acknowledging receipt of the request and providing a reasonable estimate of the time required to respond to the request;

(c) Stating that such a document does not exist((, or));

(((c) Ask)) (d) Asking for clarification of the document requested((,)); or

(((d) Deny)) (e) Denying access to some or all of the document because portions of the document ((is)) are exempt from public inspection ((under WAC 132G-276-050)).

[Order 3-11:74, 132G-276-080, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-090
Copying.

No fee shall be charged for the inspection of public records. The college ((shall)) imposes a charge ((a minimum fee of ten cents per page of copy)) for providing copies of public records. ((In the event the copying of public records would unreasonably burden existing personnel of the college, or additional personnel and/or equipment would have to be added because of the request(s) for copying public records, then a reasonable charge may be added to the ten cents per copy minimum to reflect the cost for additional personnel or equipment. The increased cost shall be determined by the public records officer and shall be stated on the form requesting the copying of public records when the same request is approved by the public records officer. In any case where the public records officer estimates that the cost of duplication of a request will exceed ten dollars, then the same officer may in his/her discretion require an advance payment of all or a percentage of the cost estimate prior to complying with the request for duplication. When, in the opinion of the public records officer, it would be less expensive or more practical to duplicate public records by contract with a printing company, then the public records officer shall have the authority to do the same and the actual cost of the printing shall be paid by the person requesting the duplication.)) Such charges shall not exceed the amount necessary to reimburse the college for the actual cost as allowed by law.

[Order 3-11:74, 132G-276-090, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-100
Exemptions.

(1) The college reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132G-276-080 is exempt under ((the provisions of)) chapter 42.17 RCW or other law which exempts or prohibits disclosure of specific information or records.

(2) In addition, pursuant to RCW 42.17.260, the college reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is ((reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW)) a statute or law authorizing nondisclosure of the requested material. The public records officer and/or his or her designee will fully justify such deletion in writing.

(3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

[Order 3-11:74, 132G-276-100, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-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 by the public records officer and/or his or her designees which constituted or accompanied the denial.

(2) Immediately after receiving a written request for review of a decision denying a public record, the public records officer and/or his or her designee denying the request shall refer it to the college president. The college president or his or her designee shall immediately consider the matter and either affirm or reverse such denial or consult with the attorney general to review the denial. In any case, the request shall be returned with a final decision, within two business days following the original denial.

(3) Administrative remedies shall not be considered exhausted until the college has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.

(4) Once the college denies a request for public records, the requester may request the attorney general to review the denial. Pursuant to RCW 42.17.325, the attorney general will provide the requester with an opinion whether the record is exempt from disclosure.

[Order 3-11:74, 132G-276-110, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-120
Protection of public records.

Requests for public records shall be to the public records officer and/or his or her designees in the appropriate locations on the campus. Public records and a facility for their inspection will be provided by the public records officer and/or his or her designees. Such records shall not be removed from the place designated for their inspection. Copies shall be made only at Shoreline Community College. If copying facilities are not available at the college, the college will arrange to have copies made commercially according the provisions of WAC 132G-276-090.

[Order 3-11:74, 132G-276-120, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-130
Records index.

(1) ((INDEX. The public records officer and/or his designees have available to all persons a current index which provides identifying information as to those records adopted or promulgated and indexed since June 30, 1972, in the following areas:

"(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";

"(f) Correspondence, and materials referred to therein, by and with the agency 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";

(g) Financial records and budgets; and

(h) Board of trustees minutes and reports.

(2) AVAILABILITY. The current index promulgated 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.)) Purpose. This rule is enacted in compliance with chapter 42.17 RCW, Disclosure -- Campaign finances -- Lobbying -- Records; and chapter 34.05 RCW, Administrative Procedure Act; and in particular with RCW 42.17.260 and 34.05.220.

(2) Content. The public records officer shall maintain an index of final orders, declaratory orders, interpretive statements, and policy statements, as defined by RCW 42.17.260(5), issued after June 30, 1990, by the board of trustees of the college, the president of the college, or their designees.

(3) Form. The index shall reference final orders, declaratory orders, interpretive statements, or policy statements by one or more of the following classifications: Date of implementation, organizational unit, or subject matter.

(4) Requests for access to indexes. Information regarding public inspection of indexes, their location, and a schedule for revising and updating these indexes can be obtained by contacting the public records officer.

[Order 3-11:74, 132G-276-130, filed 4/26/74.]


AMENDATORY SECTION(Amending Order 3-11:74, filed 4/26/74)

WAC 132G-276-900
Appendix A -- Form -- Request for public record to the Shoreline Community College ((District Number Seven)).

APPENDIX "A"

REQUEST FOR PUBLIC RECORD TO SHORELINE

COMMUNITY COLLEGE ((DISTRICT NUMBER SEVEN))

(a) . . . . . . . . . . . .

Name (Please Print)

. . . . . . . . . . . . .

Signature

. . . . . . . . . . . .

Name of Organization, if Applicable

. . . . . . . . . . . .

Mailing Address of Applicant

. . . . . . . . . . . . .

Phone Number

(b) . . . . . . . . . . . .

Date Request Made at the Shoreline Community College ((District Number Seven))

. . . . . . . . . . . . .

Time of Day

Request Made

(c) Nature of Request . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
(d) Identification Reference on Current Index . . . . . . . . . . . .
Please Describe
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
(e) Description of Record, or Matter, Requested if not Identifiable by Reference to the Shoreline Community ((College District Number Seven's)) College's Current Index . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
(f) Purpose of Request if the Request is for a List of Individuals . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
Request: Approved . . . . . . . . . . . . By . . . . . . . . . . . .
Date Public Records Officer ((and/))or his or her designee
Denied Date . . . . . . . . . . . .
Reasons for Denial: . . . . . . . . . . . .
. . . . . . . . . . . .
Referred to . . . . . . . . . . . . Date . . . . . . . . . . . .
By . . . . . . . . . . . .
Public Records Officer ((and/)) or his or her designee

[Order 3-11:74, Appendix A (codified as WAC 132G-276-900), filed 4/26/74.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 132G-276-030 Description of central and field organization of Community College District Number Seven.
WAC 132G-276-040 Operations and procedures.

Washington State Code Reviser's Office