Date of Adoption: August 3, 2001.

     Purpose: To establish and implement public records rules to ensure proper compliance with state law and to reflect procedures required to effectively execute commission responsibilities.

     Statutory Authority for Adoption: RCW 44.05.080(1).

      Adopted under notice filed as WSR 01-13-124 on June 20, 2001.

     Changes Other than Editing from Proposed to Adopted Version: WAC 417-02-125 (5) and (6) "the executive director" was removed.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 12, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Because of: (1) The decennial nature of the commission; (2) the state constitutional and statutory deadlines for the commission to submit redistricting plans as required under Article II, Section 43 and RCW 44.05.100; (3) the critical importance of public participation and input in this time-limited and time-sensitive redistricting process that is underway; and (4) the absence of existing public records rules for the commission, the commission finds that to ensure the public welfare and enable public participation in the process, chapter 417-02 WAC must be made permanent effective September 4, 2001, to promptly ensure compliance with chapter 42.17 RCW, Open public records and chapter 40.14 RCW, Preservation and destruction of public records -- State archives and to effectively execute statutory requirements and commission directives on the conduct of business and administrative matters.
     Effective Date of Rule: September 4, 2001.

August 16, 2001

Ethan Moreno

Executive Director

OTS-4755.3

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     (1) All words and phrases defined in chapter one of this title (WAC 417-01-120) and RCW 44.05.020 shall have the same meaning for the purposes of this chapter.

     (2) "Public records" shall have the same meaning as defined in RCW 42.17.020.

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     (1) A request to inspect or copy public records shall be made in writing or upon a form prescribed herein which shall be available at the commission's office. The written request or form shall be presented to the public records officer or designated assistant during the office hours established in this chapter. The written request or form shall include the following information:

     (a) The name of the person requesting the record;

     (b) The time and date on which the request was made;

     (c) A specific identification or description of each requested record;

     (d) If the matter requested is referenced within the current index maintained by the commission, 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) The public records officer or designated assistant will ascertain whether the information requested is exempt from public inspection and copying as defined in RCW 42.17.310 or other law.

     (3) Only after a determination has been made that all or such portion of a public record as is not deleted may be inspected, shall such public record or portion thereof be made available for inspection by a member of the public.

     (4) In all cases, it shall be the obligation of the public records officer or designated assistant to:

     (a) Locate the specific document(s) requested by the member of the public in the most timely manner possible;

     (b) Assist the member of the public in appropriately identifying the public record requested;

     (c) Protect and otherwise prevent damage to the public record being inspected and copied;

     (d) Prevent the disorganization of file folders or document containers; and

     (e) Prevent excessive interference with the other essential functions of the commission.

     (5) Only the staff and commissioners may open files to gain access to commission records.

     (6) Original copies of public records of the commission may not be taken from the premises of the commission by a member of the public without being accompanied by staff or a commissioner.

     (7) Public inspection and copying of commission records shall be done only in such locations as are approved by the public records officer or designated assistant at locations that must provide an opportunity for staff to ensure that no public record of the commission is damaged, destroyed, unreasonably disorganized, or removed from its proper location or order by a member of the public.

     (8) Public records of the commission may be copied only on the copying machine of the commission unless the public records officer or designated assistant authorizes other arrangements.

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     (2) To the extent allowed by law, the commission reserves the right to allow the public to inspect but not copy certain public records where there is reason to believe that the ability to copy such records would be a violation of copyright agreements, contracts, or census bureau or other governmental requirements.

     (3) Pursuant to RCW 42.17.260, the commission reserves the right to delete identifying details when it makes available or publishes any public record in any cases where there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. The public records officer or designated assistant will justify such deletion in writing.

     (4) 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 or information and a brief explanation of how the exemption applies to the records or information withheld.

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     (2) Immediately after receiving a written request or review of a decision denying a public record, the public records officer or designated assistant denying the request shall refer it to the commission chair. The chair shall immediately consider the matter and either affirm or reverse, in whole or in part, such denial or call a special meeting of the commission as soon as legally possible to review the denial. In any case, the request shall be returned with a final decision from the chair or commission within two business days following the original denial, in accordance with RCW 42.17.320.

     (3) Administrative remedies shall not be considered exhausted until the chair, or in the event of a special meeting scheduled to address the denial, the commission has returned the petition with a decision within two business days of the denial, or until the close of the second business day following the denial, whichever occurs first.

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     (2) The viewing of those records that require specialized equipment shall be limited to the availability of that equipment located at the commission office and the availability of authorized staff to operate the equipment.

     (3) The viewing of those public records that require specialized equipment shall be by appointment only. The request for an appointment shall be made on the request for public records form or other written format as provided in this chapter. Staff shall acknowledge such request for an appointment within three working days of the receipt of such request and will provide the requester with the date(s) that such an appointment could be kept by an authorized staff person or shall advise the requester that authorized staff is not available to operate the equipment for the purposes requested, giving the reasons therefor. If a request for a viewing appointment is submitted simultaneously with a request for the record, staff shall acknowledge the requests within five working days, unless staff advises the requesting party in writing that additional time is necessary to respond and to make an appointment with the requester.

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     (2) The index shall be available for inspection and copying according to the provisions of WAC 417-02-120.

     (3) The index shall be updated quarterly in those months when the commission is convened.

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