Original Notice.

Preproposal statement of inquiry was filed as WSR 99-05-041.

Title of Rule: Public records, chapter 132P-276 WAC.

Purpose: To implement chapter 42.17 RCW.

Statutory Authority for Adoption: RCW 28B.50.140.

Statute Being Implemented: Chapter 42.17 RCW.

Summary: Update regulations, clarify college organization, clarify appeal of denials of public records and increase per page copy charge.

Reasons Supporting Proposal: The existing rules were adopted in 1974. These changes bring the rules up-to-date.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Suzanne West, Prior Hall, Room 101, Yakima Valley Community College Campus, (509) 574-4637.

Name of Proponent: Yakima Valley Community College, Suzanne West, Public Records Officer, public.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Public records requests an agency can establish will result in excessive use of state taxpayer funding because of the amount of staff time to comply should require the requestor to pay up-front any amount over a certain level.

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

Explanation of Rule, its Purpose, and Anticipated Effects: This rule is the college's procedure for responding to requests for public records. We anticipate better public understanding of the procedure.

Proposal Changes the Following Existing Rules: Clarifies language, deletes sections not needed such as the exact format of the request form and raises the per copy charge to fifteen cents.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No small business impact.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Yakima Valley Community College, College Boardroom, Prior Hall, Room 100, 16th and Nob Hill Boulevard, Yakima, WA 98902, on December 7, 1999, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Mr. Bob Chavez by December 1, 1999, TDD (509) 574-4961, or (509) 574-4961.

Submit Written Comments to: President's Office, P.O. Box 22520, Yakima WA 98907-2520, swest@yvcc.cc.wa.us, fax (509) 574-4638, by December 6, 1999.

Date of Intended Adoption: December 9, 1999.

November 1, 1999

Suzanne West

Public Records Officer

OTS-3527.1

AMENDATORY SECTION(Amending Order 74-3, filed 12/6/74)

WAC 132P-276-010
Purpose.

The purpose of this chapter shall be to ensure compliance by ((Community College District No. 16)) the college with the provisions of ((chapter 1, Laws of 1973 (Initiative 276), Disclosure--Campaign finances--Lobbying--Records; and in particular with sections 25-32 of that act,)) the state law dealing with public records, chapter 42.17 RCW.

[Order 74-3, § 132P-276-010, filed 12/6/74.]

(1) Public records.  "Public record" ((indicates)) includes any writing containing information relating to the conduct of ((governmental)) 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, words, pictures, sounds((;)), or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion pictures, film and video recordings, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated, magnetic or punched cards, ((discs,)) drums, and other documents.

(3) Community College District ((No.)) 16.  Community College District ((No.)) 16 and Yakima Valley Community College were established pursuant to the Community College Act of 1967.  Community College District ((No.)) 16 and Yakima Valley Community College shall hereinafter be referred to as the "college."

[Order 74-3, § 132P-276-020, filed 12/6/74.]

The college is a community college district organized under RCW 28B.50.040. The administrative offices of the college and its staff are located at Yakima Valley Community College, Nob Hill and South 16th Avenue, P.O. Box 22520, Yakima, WA 98907-2520.

(1) In addition to the Yakima Campus, the college offers educational programs throughout its district including a campus in Grandview and educational centers in Ellensburg, Toppenish, and Sunnyside.

(2) The college is organized into the following principal parts: President's office, administrative services division, and instruction and student services division.

[]

The college is established under chapter 28B.50 RCW to implement the educational purposes established by chapter 28B.50 RCW. The college is operated under the supervision and control of a five-member board of trustees appointed by the governor. The board usually meets once a month in regular session on a date and time and place specified by public notice and at such special meetings as are announced by public notice. On occasion, the board may not meet at all in a particular month.

[]

All public records of the college, as defined in WAC 132P-276-020, are ((deemed to be)) available for public inspection and copying pursuant to these rules, except as otherwise provided by ((section 31, chapter 1, Laws of 1973)) chapter 42.17 RCW and chapter 132P-276 WAC or other applicable law.

[Order 74-3, § 132P-276-030, filed 12/6/74.]

Access to the college's public records shall be ((in the charge of)) through the public records officer designated by the college.  The person so designated shall be located in the administrative office of the college.  The public records officer shall be responsible for ((the following: The implementation of)) implementing the college rules and regulations regarding release of public records, coordinating the staff of the college in this regard, and generally ((insuring)) ensuring compliance by the staff with the public records disclosure requirements of chapter ((1, Laws of 1973)) 42.17 RCW.

[Order 74-3, § 132P-276-040, filed 12/6/74.]

Public records shall be available for inspection and copying during the customary office hours of the college.  For the purposes of this ((chapter)) section, 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)) college holidays.

[Order 74-3, § 132P-276-050, filed 12/6/74.]

In accordance with requirements of chapter ((1, Laws of 1973)) 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.  The form shall be presented to the public records officer; or to any member of the college's staff, if the public records officer is not available, at the administrative office of the college 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)) of the request ((was made));

(c) The nature of the request;

(d) If the matter requested is referenced within ((the current)) an index maintained by the ((records officer)) college, 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 college's current)) an index, an appropriate description of the record requested.

(2) The public records officer shall reply to written requests within five business days of receipt of the request by:

(a) Providing copies of the requested records;

(b) Acknowledging receipt of the request and providing a reasonable estimate of the time the college will require to respond; or

(c) Denying the public records request. Denials of requests for public records will be accompanied by a written statement specifying the reason for denial.

(3) Additional time to respond to a request may be based on the public records officer's need to ask that the requestor clarify the intent of the request, to locate and assemble the information, to notify third persons or agencies who are the subject of or affected by the request, or to determine whether any of the information requested is exempt. If the requestor fails to clarify the request, the college need not respond to it.

(4) 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 staff member to whom the request is made, to assist the member of the public in appropriately identifying the public record requested.

[Order 74-3, § 132P-276-060, filed 12/6/74.]

No fee shall be charged for the inspection of public records.

(1) The college shall charge a fee of ((five)) fifteen cents per page of copy for providing copies of written public records and for use of the college copy equipment.  ((This charge is)) The college may charge the actual cost for providing copies of public records, including mailing costs and costs for duplicating audio tapes, video tapes, and other media. These charges are the amounts necessary to reimburse the college for its actual costs incident to such copying and mailing. All fees must be paid by money order, cashier's check, or cash in advance.

(2) The public records officer is authorized to waive the foregoing costs. Factors considered in deciding whether to waive costs include, but are not limited to: Providing the copy will facilitate administering the program and/or the expense of processing the payment exceeds the copying and postage cost.

[Order 74-3, § 132P-276-070, filed 12/6/74.]

(1) The college reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132P-276-060 is exempt under the provisions of ((section 31, chapter 1, Laws of 1973)) chapter 42.17 RCW or other applicable law.

(2) In addition, pursuant to ((section 26, chapter 1, Laws of 1973)) 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 unreasonable invasion of personal privacy protected by ((chapter 1, Laws of 1973)) state law or would impair a vital governmental interest.  The public records officer will ((fully justify)) state the reason for 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.)) The release or disclosure of student educational records is governed by the Federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

[Order 74-3, § 132P-276-080, filed 12/6/74.]

(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 or other staff member 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 or other staff member denying the request shall refer it to the president of the college.  The president or designee shall ((immediately)) consider the ((matter and either affirm or reverse such denial or call a special meeting of the board of trustees of Community College District No. 16 as soon as legally possible to review the denial.  In any case, the request shall be returned with a final decision, within two business days following the original denial)) college's obligation to comply with the intent of chapter 42.17 RCW, the exemptions provided in RCW 42.17.310 or other pertinent statutes, and the statutory provisions which require the college to protect public records from damage or disorganization, prevent excessive interference with essential college functions, and prevent any unreasonable invasion of personal privacy by deleting identifying details. The president or designee shall complete the review within two business days after receiving the written request for review of the decision denying a public record.

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

(4) Whenever the college concludes that a public record is exempt from disclosure and denies inspection and copying, the requestor may request a review of the matter by the office of the attorney general or may file a lawsuit in superior court in the county where the agency record is maintained. A written request for review by the attorney general's office, along with a copy of the request and the college's written denial, should be sent to:

Office of the Attorney General

Public Records Review

P.O. Box 40100

Olympia, WA 98504-0100

The office of the attorney general will conduct a prompt and independent review of the request and the college's denial and provide a written opinion as to whether the record requested is exempt from disclosure. This review is not binding upon the college or the requestor.

[Order 74-3, § 132P-276-090, filed 12/6/74.]

((The location of the public records officer appointed pursuant to WAC 132P-276-040 shall be in the college offices.  The public records officer shall establish a central college index which shall be the college's master index to be coordinated with subsidiary indexes established in each major administrative area of the college.  Upon receiving requests for public records in the manner prescribed in WAC 132P-276-060, it shall be the duty of the public records officer to immediately act upon the request.  If it is determined the item requested is a public record as defined in WAC 132P-276-020, it shall be the duty of the public records officer to locate the public record in the office in which it is filed and make it available for inspection.  Should, in the judgment of the public records officer, there be a possibility of the destruction of the public record, then the public records officer shall make available a copy of the record at no cost.

Upon request, the public records officer shall make available copies of public records in accordance with WAC 132P-276-070.)) Access to public records shall be restricted to the viewing area designated by the public records officer. No record shall be physically removed from the viewing area for any reason. Nor shall any member of the public who is viewing documents disassemble, deface, or cause the disorganization of documents for any reason whatsoever. Copies shall be made at the college. If copying facilities are not available at the college, the college will arrange to have copies made commercially.

[Order 74-3, § 132P-276-100, filed 12/6/74.]

(((1) Index.  The college shall make available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated since its inception:

(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 decision;

(e) Factual staff reports and studies, factual consultants' 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 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) Availability.  The current index promulgated by the college shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.)) An index of all documents required to be indexed by RCW 42.17.260 shall be maintained at the president's office. The index shall be accessible to the public by request to the public records officer at the above office during customary working hours.

[Order 74-3, § 132P-276-110, filed 12/6/74.]

The college ((hereby)) shall adopt((s)) a form for use by all persons requesting inspection and/or ((copying or)) copies of its public records((, the form attached hereto as Appendix A, entitled "Request for public record.")).

[Order 74-3, § 132P-276-120, filed 12/6/74.]

     The following section of the Washington Administrative Code is repealed:

WAC 132P-276-990

Appendix A--Request for public records.

© Washington State Code Reviser's Office