WSR 18-01-118
PROPOSED RULES
SECRETARY OF STATE
[Filed December 19, 2017, 12:00 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-22-046.
Title of Rule and Other Identifying Information: Washington state archives local records grant program, the provisions of this program are being updated to include grants made under HB 1594, chapter 303, Laws of 2017.
Hearing Location(s): On January 30, 2018, at 1:30 p.m., at the Washington State Archives Building, Conference Room, 1129 Washington Street S.E., Olympia, WA 98501.
Date of Intended Adoption: February 6, 2018.
Submit Written Comments to: Mark Vessey, P.O. [Box] 40238, Olympia, WA 98504-0238, email recordsmanagement@sos.wa.gov, fax 360-664-8814, by January 29, 2018.
Assistance for Persons with Disabilities: Contact Mark Vessey, phone 360-586-7810, fax 360-664-8814, email recordsmanagement@sos.wa.gov, by January 29, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To simplify language, update to include modern records functions, and include provisions from chapter 303, Laws of 2017. This bill expanded the grant program to include the use of hardware and software technology, to improve the disclosure of public records.
Reasons Supporting Proposal: Rules are necessary to establish a grant application and awarding process.
Statutory Authority for Adoption: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW as amended by chapter 303, Laws of 2017.
Statute Being Implemented: RCW 40.14.020(6), 36.22.175(1), and chapter 40.14 RCW as amended by chapter 303, Laws of 2017.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of the secretary of state, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Terence S. Badger, Olympia, 360-586-1602.
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. The office of secretary of state is not included in the list of required agencies, and subsection (5)(b)(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 rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; 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 18, 2017
Mark Neary
Assistant Secretary of State
AMENDATORY SECTION (Amending WSR 03-06-069, filed 3/3/03, effective 4/3/03)
WAC 434-670-010 Washington state archives local records grant program.
The ((Washington state archives)) local records grant program, administered ((by)) in the office of the secretary of state by the Washington state archives, provides financial assistance to local governments ((officials)) to support records management and preservation efforts, ((particularly for records of permanent retention. This grants-in-aid program is a significant effort in the overall mission of the program to enhance the quality of archival preservation and public access to records of enduring value. This)) to improve records retention compliance, and to provide technology information systems that improve public records disclosure.
Local records grant program funds are provided for one-time investments and are not an ongoing source of revenue for operation or management costs. A grantee may not supplant local funding with local records grant program funding. The local records grant program is governed by this chapter and by RCW 36.22.175 and chapter 40.14 RCW.
AMENDATORY SECTION (Amending WSR 03-06-069, filed 3/3/03, effective 4/3/03)
WAC 434-670-020 Eligible and ineligible activities.
(1) The following activities((,)) including, but not limited to, are eligible for support through the local records grant((s)) program administered pursuant to this chapter:
(a) ((Planning;
(b))) Records management;
(((c))) (b) Preservation;
(((d))) (c) Conservation;
(((e))) (d) Professional consultants;
(((f) Essential)) (e) Technology hardware and/or equipment;
(((g) Reference tools, and;
(h) Education;
(i) Temporary personnel.)) (f) Software to manage public records and requests;
(g) Reference tools;
(h) Training needs;
(i) Temporary personnel;
(j) Indexing; and
(k) Planning for the activities above.
(2) The following activities, including but not limited to, are ineligible for support through the local records grant((s)) program administered pursuant to this chapter:
(a) Projects already completed;
(b) Expenses incurred prior to the grant period;
(c) Existing/permanent staff positions;
(d) Equipment nonessential to the project;
(e) Capital improvements to buildings;
(f) Payments to lobbyists;
(((h))) (g) Hospitality expenses; and
(((i))) (h) Prizes/awards((;
(j) Benefit activities (social, fund-raisers, etc.);
(k) Educational outreach not available to the public;
(l) Tuition reimbursement for academic credit;
(m) Activities having a religious purpose;
(n) Inventories/guides not available to the public and;
(o) Purchase of manuscripts/records)).
AMENDATORY SECTION (Amending WSR 03-06-069, filed 3/3/03, effective 4/3/03)
WAC 434-670-030 Eligibility.
Local government ((entities, including)) agencies, include every county, city, town, municipal corporation, quasi-municipal corporation, special purpose district((s)), or any office, department, division, bureau, board, commission, or agency thereof, are eligible to apply for local records grant((s)) program grants under this chapter.
Preference will be given to smaller local government agencies based upon applicant agency's need and to information technology demonstration projects designed to improve public records retention, records management, and public disclosure. Entities other than local governments, such as individuals, state agencies, federal agencies, and private organizations are ineligible((, but local public records housed by state agencies may be included in a grant application that is submitted and administered by the local official who has statutory authority over the records)).
AMENDATORY SECTION (Amending WSR 03-06-069, filed 3/3/03, effective 4/3/03)
WAC 434-670-040 Evaluation of proposals.
(1) Washington state archives staff will review ((grant)) applications for completeness, conformity to application requirements, soundness of budget, ((and)) relevancy to the objectives of the ((Washington state archives)) local records grant program((. (Staff may also consider, in addition to the factors specified above the)), and potential for widespread citizen use, research value and value for ongoing governmental operations of the proposed project including improvements to existing operations.(())) The proposal may be returned to the applicant institution for further development or clarification, prior to application deadline.
(2) ((A summary)) An analysis will be prepared by the Washington state archives for each complete application and forwarded to the archives oversight committee established by RCW 40.14.027. The committee will review the applications ((at its annual)) in an open public meeting and make funding recommendations to the secretary of state.
(3) The office of the secretary of state will notify the applicant in writing as to whether the proposal has been funded or rejected.
AMENDATORY SECTION (Amending WSR 03-06-069, filed 3/3/03, effective 4/3/03)
WAC 434-670-050 Local records grant program application requirements.
In order to be complete, an application must include:
(1) Identification of the local government entity ((and));
(2) Project personnel;
(((2) A)) (3) Description of the ((activity proposed for funding including:
(a) Statement of purpose and goals;
(b) Project summary;
(c) Detailed)) project (goals, objectives, and final results);
(4) An analysis of the project plan((, discussion of techniques and a timetable;
(d) Project objectives; and
(e) Specific end results or products.
(3)));
(5) Documentary evidence for the need of the project (photos, testimonies, etc.) if applicable;
(6) A timetable;
(7) A funding description((, including)) that includes:
(a) A budget layout and explanation;
(b) ((Budget explanation;
(c) Need for outside funding;
(d) Funding of future management and preservation projects; and
(e) Local entity's accounting methods and audit procedures.
(4) Relevant information, including:
(a))) The need for outside funding; and
(c) Availability of sustaining funds.
(8) Evaluation of results (((how will the success or failure be measured);
(b) Statement of any previous actions; and
(c) Description of importance of the project in terms of an overall, long-range record management program
(5) Authorization, including:
(a) Being signed and dated by proper official; and
(b) Identification of preparer of the application.
(6) Support material, including:
(a) Letter of commitment from the applicant's funding authority;
(b) Resumes of)):
(a) How will the project be measured a success or failure; and
(b) How will the project improve records management, retention practices, and the ability to respond to public disclosure requests.
(9) Authorization, including:
(a) Being signed and dated by a proper official;
(b) Identification of the application preparer.
(10) Support material, including:
(a) Brief biography and description of the grant-related duties for grant project personnel, consultants, volunteers, etc.((, and descriptions of their grant-funded duties
(c) Required forms));
(((d))) (b) Identification of necessary services, equipment, supplies, etc.; and
(((e))) (c) Other relevant information.
AMENDATORY SECTION (Amending WSR 03-06-069, filed 3/3/03, effective 4/3/03)
WAC 434-670-060 Local records grant calendar.
(1) ((The grant period begins on the date of the award issued by the Office of the Secretary of State. Grant projects must be completed in the awarded biennium.
(2) The grant payment and reporting schedule will be approved and published by the oversight committee for each grant cycle. All unused grant funds and interest in possession of the grantee must be returned to the Washington state archives local records grant program within sixty days of completion.)) Local records grant program grants will be awarded annually on the state fiscal year cycle (July – June) and must be completed in the awarded biennium, or fiscal year if awarded for the second half of the biennium.
(2) The local records grant program application and reporting schedule will be approved and published by the archives oversight committee for each grant cycle.
AMENDATORY SECTION (Amending WSR 03-06-069, filed 3/3/03, effective 4/3/03)
WAC 434-670-080 ((Auditing)) Other requirements.
((Grantees must comply with the audit requirements set forth in Washington statutes for local government units. The grantee is responsible for ensuring that the Washington state archives receives copies of the audit report for any audit performed during the grant period or for the following three years. Specific accounting requirements for the Washington state archives local records grant program are:
(1) Grant money must be deposited in an auditable, interest-bearing account. Interest received must be applied to the project.
(2) Grant work must be monitored in progress. The Washington state archives staff may visit the work site for review at any time during the project.
(3) Changes in the approved grant, including changes of personnel, must be requested in writing to the Washington state archives, local records grant program.
(4) In the case of default by the grantee, the grant will be revoked and all unused funds must be returned to the Washington state archives local records grant program. The Washington state archives will notify the grantee of default in writing.
(5) The grantee shall submit a final grant report by June 30.
(6) Grantees must submit copies of all invoices with the final report, and
(7) Grantees must adhere to local and state bid requirements and submit documentation with the final grant report.)) Specific requirements for the Washington state archives local records grant program are:
(1) Archives staff may visit the worksite for review at any time during the project.
(2) Unless otherwise approved, grants will be cost-reimbursement grants.
(3) Proposed changes in the approved grant must be submitted in writing to the Washington state archives, local records grant program.
(4) The archives must be notified of any changes in personnel impacting the approved grant.
(5) In the case of default by the grantee, the local records grant program grant will be revoked and all unused funds may be distributed for use by other grantees. The Washington state archives will notify the grantee of default in writing.
(6) The grantee shall submit a final report and participate in a survey.
AMENDATORY SECTION (Amending WSR 03-06-069, filed 3/3/03, effective 4/3/03)
WAC 434-670-090 Conflicts of interest.
(1) The Washington state archives oversight committee will not consider a proposal where a committee member ((or a member of the secretary of state's staff derives compensation from the proposed)) derives compensation from the proposed local records grant program grant.
(2) A ((board)) committee member shall abstain from reviewing or voting on proposals if she/he is directly or indirectly connected with a proposed project through employment at the same ((institution, (directly or) indirectly supervises the project, or serves as an unpaid consultant to the project)) government agency.
NEW SECTION
The following sections of the Washington Administrative Code are decodified and recodified as follows:
Old WAC Number
New WAC Number
434-670-080
434-670-075
434-670-090
434-670-085
REPEALER
The following section of the Washington Administrative Code is repealed:
WAC 434-670-070
Accounting.