BILL REQ. #:  H-3572.1 

READ FIRST TIME 01/24/14.   

     AN ACT Relating to training public officials and employees regarding public records, records management, and open public meetings; adding a new section to chapter 42.30 RCW; adding new sections to chapter 42.56 RCW; adding new sections to chapter 40.14 RCW; creating new sections; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature finds that the rights 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 this important information and materials to which they are legally entitled. 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 will greatly increase the likelihood that 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) Every member of the governing body of a public agency must complete training on the requirements of this chapter no later than ninety days after the date the member either:
     (a) 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
     (b) Otherwise assumes his or her duties as a public official.
     (2) In addition to the training required under subsection (1) of this section, every member of the governing body of a public agency must complete training at intervals of no more than four years as long as the individual is a member of the governing body or public agency.
     (3) Training may be completed remotely with technology including but not limited to internet-based training.

NEW SECTION.  Sec. 3   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 regarding the provisions of this chapter, and also chapter 40.14 RCW for records retention.
     (2) Elected officials may complete their training before assuming office but must:
     (a) Complete training 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; and
     (b) Complete refresher training at intervals of no more than four years for as long as he or she holds the office.
     (3) Training must be consistent with the attorney general's model rules for compliance with the public records act.
     (4) Training may be completed remotely with technology including but not limited to internet-based training.

NEW SECTION.  Sec. 4   A new section is added to chapter 42.56 RCW to read as follows:
     (1) Public records officers designated under RCW 42.56.580 and records officers designated under RCW 40.14.040 must complete a training course regarding the provisions of this chapter, and also chapter 40.14 RCW for records retention.
     (2) Public records officers must:
     (a) Complete training no later than ninety days after assuming responsibilities as a public records officer or records manager; and
     (b) Complete refresher training at intervals of no more than four years as long as they maintain the designation.
     (3) Training must be consistent with the attorney general's model rules for compliance with the public records act.
     (4) Training may be completed remotely with technology including but not limited to internet-based training.

NEW SECTION.  Sec. 5   A new section is added to chapter 42.56 RCW to read as follows:
     The attorney general's office may provide information, technical assistance, and training on the provisions of this chapter.

NEW SECTION.  Sec. 6   A new section is added to chapter 40.14 RCW to read as follows:
     (1) Each elected state or local official, and each person appointed to fill a vacancy in elective office, must complete a training course regarding the records retention provisions of this chapter.
     (2) Elected officials may complete their training before assuming office but must:
     (a) Complete training 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; and
     (b) Complete refresher training at intervals of no more than four years for as long as he or she holds the office.
     (3) Training must be provided by the secretary of state, or consistent with the records retention training provided by the secretary of state.
     (4) Training may be completed remotely with technology including but not limited to internet-based training.

NEW SECTION.  Sec. 7   A new section is added to chapter 40.14 RCW to read as follows:
     (1) Public records officers designated under RCW 42.56.580 and records officers designated under RCW 40.14.040 must complete a training course regarding the records retention provisions of this chapter.
     (2) Public records officers must:
     (a) Complete training no later than ninety days after assuming responsibilities as a public records officer or records manager; and
     (b) Complete refresher training at intervals of no more than four years as long as they maintain the designation.
     (3) Training must be provided by the secretary of state, or consistent with the records retention training provided by the secretary of state.
     (4) Training may be completed remotely with technology including but not limited to internet-based training.

NEW SECTION.  Sec. 8   This act may be known and cited as the open government trainings act.

NEW SECTION.  Sec. 9   This act takes effect July 1, 2014.