WSR 17-24-122
[Filed December 6, 2017, 10:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-15-013.
Title of Rule and Other Identifying Information: Public records policy, chapter 132Y-320 WAC.
Hearing Location(s): On January 26, 2018, at 10:00 a.m. - 12:00 p.m., at Edmonds Community College, Clearview Building, Room 121, 7030 196th Street S.W., Lynnwood, WA 98036.
Date of Intended Adoption: February 1, 2018.
Submit Written Comments to: Dennis Curran, Vice President for Human Resources, 20000 68th Avenue West, Lynnwood, WA 98036-5999, email, fax 425-640-1359.
Assistance for Persons with Disabilities: Contact Nadescha Bunje, executive assistant to the vice president for human resources, phone 425-640-1036, fax 425-640-1359, email
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is to align the code with recent updates in the Public Records Act concerning fees for providing copies of public records. The proposal also provides the necessary findings allowing Edmonds Community College to adopt the amended statutory default fee schedule that went into effect on July 23, 2017. The additional purpose of this proposal is to update the rule to reflect current college policies and procedures around public records requests.
Reasons Supporting Proposal: The 2017 legislature amended RCW 42.56.120(3), to require that, effective July 23, 2107 [2017], an agency using the new law's amended statutory default copy fee schedule (rather than determining actual costs of copies), the agency must have a rule declaring the reason it is not calculating actual costs is because to do so would be unduly burdensome. The college has elected not to calculate actual costs for copying records because to do so would be unduly burdensome due to the costs involved in conducting a cost study, which would divert resources away from other critical programs. The college has also implemented new policies and procedures around public records requests in response to the broad adoption of technologies including the internet and email. The proposal will support the implementation of these updated policies and procedures.
Statutory Authority for Adoption: RCW 28B.50.140, 42.56.100, 42.56.040 (1)(d), 42.56.120.
Statute Being Implemented: RCW 42.56.120.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Edmonds Community College, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Dennis Curran, Vice President for Human Resources, Clearview Building, Room 122, 425-640-1647.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required as this agency is not listed under RCW 34.05.328 (5)(a)(i).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute; and rules set or adjust fees under the authority of RCW 19.02.075 or that set or adjust fees or rates pursuant to legislative standards, including fees set or adjusted under the authority of RCW 19.80.045.
December 6, 2017
Dennis Curran
Vice President
for Human Resources
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-010 Purpose.
The purpose of this chapter shall be to ensure compliance by Community College District No. 23 with the provisions of chapter ((42.17)) 42.56 RCW, commonly called ((Initiative No. 276, and in particular with RCW 42.17.250 - 42.17.340 of that act dealing with public records)) the Public Records Act.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-020 Definitions.
(1) "Public records" include 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" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation((,)) including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
(3) "Community College District No. 23" is an agency organized by statute pursuant to RCW 28B.50.040 and shall hereinafter be referred to as the "district." Where appropriate, the term district also refers to the board of trustees and employees of the district.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-040 Operations and procedures.
The district is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. The college district is operated under the supervision and control of a board of trustees. The board of trustees is made up of ((five)) six members, each appointed by the governor to a term of five years. The trustees exercise the powers and duties granted them under RCW 28B.50.140. The sixth trustee, also appointed by the governor, is a student who serves a one year term.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-050 Public records available.
All public records of the district, as defined in WAC 132Y-320-020, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW ((42.17.310)) 42.56.210 through 42.56.470 and WAC 132Y-320-100((,)) Exemptions.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-060 Public records officer.
The district's public records shall be in the charge of the public records officer designated by the college president. The person so designated shall be located in the administrative offices of the district. That person may in turn designate persons in the administrative office to implement this section. The public records officer and his or her designee(s) shall be responsible for the following: The implementation of the district's rules and regulations regarding release of public records, coordinating the staff of the district in this regard, and generally insuring compliance by the staff with the public records disclosure requirements of chapter ((42.17)) 42.56 RCW.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-070 Office hours.
Public records shall be available for inspection and copying during the customary office hours of the district. For the purposes of this chapter, 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 holidays and college closures.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-080 Requests for public records.
In accordance with requirements of chapter ((42.17)) 42.56 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)) in accordance with the following procedures:
(1) A request shall be made in writing upon a form ((prescribed)) provided by the district which shall be available on the district's web site or at its administrative office. The form ((shall)) may be submitted online, by email, mail or fax or presented to the public records officer, or to any member of the district's staff if the public records officer is not available, at the administrative offices of the district during customary office hours.
At a minimum, the request ((shall)), regardless of how it is submitted, should include the following information:
(a) The name of the person requesting the record;
(b) The mailing address, email address or phone number of the person requesting the record;
(c) The ((time of day and)) calendar date on which the request was made;
(((c))) (d) 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 district's current index, an appropriate)) (e) A description of the specific 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, his or her designee, or the staff member to whom the request is made to assist the member of the public in appropriately identifying the public record requested.
Records may be reviewed in person at the district office during customary office hours. Alternatively, the district will, upon request, provide printed or digital copies of the records. Fees for providing copies of records may apply, in accordance with WAC 132Y-320-090 Fees.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-090 ((Copying.)) Fees.
(1) In accordance with RCW 42.56.070(7) and 42.56.120, the district may charge fees for providing copies of public records. The district has determined that calculating the actual costs for providing copies would be unduly burdensome. This determination is based on the large number of factors involved in calculating the actual cost and the frequency with which these factors change. The district does not currently have accurate data regarding these factors, nor does it have the resources or appropriated funds to conduct an actual cost study. The district cannot divert resources away from other critical district programs in order to perform such a cost study. Additionally, such a study would likely need to be repeated on a regular basis. Therefore, the district adopts the schedule of fees provided in RCW 42.56.120(2).
(2) No fee shall be charged for the inspection of public records. The district shall charge a fee ((of ten cents per page of copy)) for providing copies of public records ((and for use of the district's copy equipment. This charge is)), according to the following schedule:
(a) Ten cents per page of copy for providing printed copies of public records and for use of the district's copy equipment;
(b) Ten cents per page for scanned records or use of agency equipment for scanning;
(c) Ten cents per every four electronic files attached to email or uploaded to a cloud-based data storage service or other means of electronic delivery;
(d) Ten cents per gigabyte for records transmitted in electronic format or for use of agency equipment to send records electronically.
These charges represent the amount necessary to reimburse the district for its actual costs incident to such copying((. If a particular request for copies requires an unusually large amount of time, or the use of any equipment not readily available, the district will provide copies at a rate sufficient to cover any additional cost)) and/or electronic document preparation. Additionally, the district may impose a customized service charge to cover its costs if the request requires the use of IT expertise to prepare data compilations or if such customized access services are not used by the agency for other business purposes. The district may require a ten percent deposit in advance if the fee for producing copies of responsive records will exceed five hundred dollars. All fees must be paid by credit or debit card, money order, cashier's check or cash in advance. The charges above may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.
Upon request, the district will provide a summary of the applicable charges before any copies are made and the requestor may revise the request to reduce the number of copies to be made and reduce the applicable charges.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-100 Exemptions.
(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 132Y-320-080 is exempt under the provisions of chapter ((42.17)) 42.56 RCW.
(((2))) In addition, documents are exempt from disclosure if any other statute exempts or prohibits disclosure. Requestors should be aware that some statutes outside the Public Records Act restrict the availability of some documents held by Community College District No. 23 for inspection and copying.
(2) Pursuant to RCW ((42.17.310)) 42.56.210, the district also reserves the right to ((delete)) redact 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)) 42.56 RCW and/or other applicable statutes. The public records officer or his or her designee will fully justify such ((deletion)) redaction in writing.
(3) All denials of requests for public records ((must)) will 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.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-110 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 or ((other staff member)) his or her designee 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)) his or her designee shall refer ((it)) the request for review to the president of the college. The 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 district has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-120 Protection of public records.
Requests for public records shall be made in the administration building of Edmonds Community College or submitted to the public records officer or his or her designee by mail, email, fax or phone. Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated for their inspection. Copies shall be made in the administration building at Edmonds Community College. ((If copying facilities are not available at the college, the college will arrange to have copies made commercially according to the provisions of WAC 132Y-320-090, Copying.))
WAC 132Y-320-150 Notification of affected persons.
If the requested record is not exempt from release under WAC 132Y-320-100 and contains information which could identify an individual or agency, the district may notify the individual or agency thus identified that release of the record has been requested. In such cases the college's initial response to the request will allow a reasonable time for the identified individual or agency to seek court protection from release of the record.
AMENDATORY SECTION (Amending WSR 89-12-057, filed 6/6/89)
WAC 132Y-320-990 Appendix A—Request for public record to Community College District No. 23.
(( . . . .
. . . . 
Name (please print)
. . . . 
Name of Organization
. . . . 
Mailing Address of Applicant
. . . . 
Phone Number
. . . . 
Date Request Made at Community
College District No. 23
. . . . 
Time of Day
of Request
Nature of Request . . . .
. . . . 
. . . . 
Identification Reference on Current Index (please describe)
. . . . 
. . . . 
. . . . 
Description of record or matter requested, if not identifiable by reference to current index of Community College District No. 23.
. . . . 
. . . . 
. . . . 
Request Approved . . . .
By . . . .
Public Records Officer
Request Denied . . . .
Reasons for Denial . . . .
. . . . 
. . . . 
. . . . 
Referred to . . . .
Request Date: _____
Time of Day of Request: _____
Name: _____
Organization (if applicable): _____
Mailing Address: _____
City: _____
State: _____
Zip: _____
Phone: _____
Email: _____
Nature of Request: _____
Description of Records Requested: _____
If this request is for a list of individuals, will the information provided be used for commercial purposes?
Preferred Method of Receiving the Records Requested:
______ Hard copies delivered by mail.
______ Digital copies on CD delivered by mail.
______ Digital copies delivered by email.
______ Fax.
Fax number: _____
______ Review records in person at the college.