BILL REQ. #:  H-3637.1 

Read first time 01/17/12.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to training public officials and employees regarding public records and open public meetings; adding new sections to chapter 42.30 RCW; adding new sections to chapter 42.56 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that the right of citizens to observe the actions of their public officials and to have timely access to public records are the underpinnings of democracy and are essential for meaningful citizen participation in the democratic process. All too often, however, violations of the requirements of the public records act and the open public meetings act by public officials and agencies result in citizens being denied these important rights. Such violations are often the result of inadvertent error or a lack of knowledge on the part of officials and agencies regarding their legal duties to the public pursuant to these acts. Also, whether due to error or ignorance, violations of the public records act and open public meetings act are very costly for state and local governments, both in terms of litigation expenses and administrative costs.
     The legislature also finds that the implementation of simple, cost-effective training programs made available via an interactive internet web site, or equivalent means, will greatly increase the likelihood that our public officials and agencies will better serve the public by improving citizen access to public records and encouraging public participation in governmental deliberations. Such improvements in public service will, in turn, enhance the public's trust in its government and result in significant cost savings by reducing the number of violations of the public records act and open public meetings act.

NEW SECTION.  Sec. 2   A new section is added to chapter 42.30 RCW to read as follows:
     (1) Not later than July 1, 2013, the attorney general shall develop and implement a training program regarding the legal requirements and purposes of this chapter. The training program shall be:
     (a) A concise, interactive, web-based presentation, including instruction in:
     (i) The purposes and intent of the open public meetings act and the importance of open public meetings in a democracy;
     (ii) The applicability of this chapter to governmental bodies and members of governing boards of agencies;
     (iii) Procedures and requirements necessary for compliance with the provisions of this chapter;
     (iv) Best practices for compliance with this chapter;
     (v) Penalties and other consequences for failure to comply with the requirements of this chapter; and
     (vi) The role of the attorney general under this chapter;
     (b) No shorter than one hour and no longer than two hours in length; and
     (c) Available on the Washington state attorney general's web site, or on a functionally similar and widely available medium at no cost, and made available for posting on state and local agency web sites.
     (2) In developing the training required under this section, the attorney general shall consult with, and may utilize training materials from, associations representing cities, counties, and/or those nonprofit organizations whose mission includes education regarding the provisions of this chapter. The attorney general shall review and may accredit in-person or interactive web-based trainings offered by agencies and such associations or nonprofit organizations that provide similar training by persons with appropriate expertise.

NEW SECTION.  Sec. 3   A new section is added to chapter 42.30 RCW to read as follows:
     (1) Every member of the governing body of a public agency must complete the open public meetings act training course implemented or accredited by the attorney general as set forth in section 2 of this act. Such training must:
     (a) Be completed no later than ninety days after the date the member either:
     (i) Takes the oath of office, if the member is required to take an oath of office to assume his or her duties as a public official; or
     (ii) Otherwise assumes his or her duties as a public official;
     (b) Be regularly updated at intervals of no more than two years.
     (2) Individuals completing the training course required under this section shall maintain proof of completion for two years.

NEW SECTION.  Sec. 4   A new section is added to chapter 42.56 RCW to read as follows:
     (1) Not later than July 1, 2013, the attorney general shall develop and implement a training program on the legal requirements and purposes of this chapter and chapter 40.14 RCW. The training program shall be:
     (a) A concise, interactive, web-based presentation, including instruction in:
     (i) The purposes and intent of this chapter and chapter 40.14 RCW as well as the importance of public records disclosure and retention in a democracy;
     (ii) The applicability of this chapter and chapter 40.14 RCW to governmental bodies and members of governing boards of agencies;
     (iii) Procedures and requirements necessary for compliance with the provisions of this chapter and chapter 40.14 RCW;
     (iv) Best practices for compliance with this chapter;
     (v) Penalties and other consequences for failure to comply with the requirements of this chapter and chapter 40.14 RCW; and
     (vi) The role of the attorney general under this chapter and chapter 40.14 RCW;
     (b) No shorter than one hour and no longer than two hours in length; and
     (c) Available on the Washington state attorney general's web site, or on a functionally similar and widely available medium at no cost.
     (2) In developing the training program required under this section, the attorney general shall consult with, and may utilize training materials from, the secretary of state, associations representing cities or counties, and/or those nonprofit organizations whose mission includes education regarding the provisions of this chapter and chapter 40.14 RCW.
     (3) The attorney general shall, after providing guidelines for general content, establish a process for periodic certification that training programs provided by agencies and outside organizations are consistent with the elements of subsection (2) of this section. Such programs may be tailored to a particular office or agency.
     (4) In addition to the general training program required under this section, the attorney general shall develop and implement an intensive training seminar for public records officers designated pursuant to RCW 42.56.580. This training may be administered via interactive web technology or in person. Such training shall:
     (a) Be no less than four hours in length;
     (b) Include duties and obligations of agencies regarding public records disclosure and retention established under recent court decisions and legislative changes, if any;
     (c) Include training on duties to manage and preserve records, including electronic records, and the provision of access to electronic records in original, searchable forms;
     (d) Include discussion of innovative mechanisms for providing timely access to public records to the public;
     (e) Include discussion of the model rules for the public records act as adopted by the attorney general; and
     (f) Include discussion of the benefits of indexing records, including but not limited to the duty of state agencies to index, and provide access to indices, if records are relied upon or invoked for any purpose pursuant to RCW 42.56.070(6).
     (5) Individuals completing the training course required under this section shall maintain proof of completion for two years.

NEW SECTION.  Sec. 5   A new section is added to chapter 42.56 RCW to read as follows:
     (1) Each elected state or local official, and each person appointed to fill a vacancy in elective office, who is subject to the requirements of this chapter must complete a training course implemented or accredited by the attorney general as set forth in section 4 of this act, regarding basic open government principles, including the responsibility of state employees to preserve, disclose, and provide public records in accordance with the requirements of this chapter and chapter 40.14 RCW. Such training must:
     (a) Be completed no later than ninety days after the date the official either:
     (i) Takes the oath of office, if the official is required to take an oath of office to assume his or her duties as a public official; or
     (ii) Otherwise assumes his or her duties as a public official;
     (b) Be regularly updated at intervals of no more than two years.
     (2) Every public records officer of a state agency, as designated under RCW 42.56.580, within ninety days of being so designated shall complete an intensive training seminar pursuant to section 4(4) of this act and shall complete refresher training every two years thereafter.
     (3) Every public records officer of a local agency, as designated under RCW 42.56.580, shall complete a training seminar administered by the attorney general pursuant to section 4(4) of this act no less frequently than every three years.
     (4) Individuals completing the training course required under this section shall maintain proof of completion for two years.