OFFICE OF

FINANCIAL MANAGEMENT

The purpose of this chapter is to provide rules for the office of financial management to implement the provisions of chapter ((42.17)) 42.56 RCW relating to public records.

The definitions set forth in RCW ((42.17.020)) 42.56.010 shall apply to this chapter.

(1) "OFM" or agency means the office of financial management. Where appropriate, OFM or agency also refers to the staff and employees of the office of financial management.

(2) "Director" means the director of the office of financial management.

OFM is the state agency having decision-making and operational responsibilities for the financial ((and)), management, and human resources affairs of state government in accordance with chapters 43.41 and 43.88 RCW. It is organized into a budget division, an accounting division, ((labor relations)) a state human resources division, ((executive policy division, and a contracting,)) and a forecasting and ((risk management)) research division along with other divisions which support and augment these activities. OFM also provides administrative support for the governor's policy office, results Washington, serve Washington, and the office of regulatory and innovation assistance. OFM's central office is located at 302 Sid Snyder Avenue S.W. (Insurance Building on the Washington state capitol campus), Olympia, Washington. OFM has other offices also located in Olympia at 128 10th Avenue S. (the Raad building); 106 11th Avenue S.W. (the Helen Sommers building); and 1011 Plum Street S.E., Building 4.

The responsibilities of OFM include preparation of the governor's budget for presentation to the legislature and budget implementation monitoring ((through the operation of the budget and allotment systems)), development and maintenance of the statewide financial and administrative systems central books of account ((containing timely records of changes in the)), preparation of statewide financial ((status of the state and other financial databases)) reports, as well as budget and policy research and development of legislation to support the governor's policy goals. OFM also provides technical assistance to the governor and legislature by preparing notes and recommendations, based on information it has obtained, concerning needs and policies recommended for meeting these needs through state programs. In addition, OFM ((oversees statewide personal services contracting activities, provides a comprehensive risk management program for all state agencies)) provides population estimates, monitors changes in the state economy and labor force, and plays a critical role in statewide human resources and public employee labor management relations. Finally, the Revised Code of Washington contains statutes that assign specific duties of an advisory, supervisory, regulatory or similar nature to the agency. All of these relate either directly or indirectly to the financial affairs of the state and its agencies ((thereof)).

In carrying out its responsibilities, OFM receives information about the management and operation of state agencies and their programs. This information includes, but is not limited to: Budget proposals, short and long-range goals and the plans developed to meet them, present and projected workloads, capital and operating resource requirements, detailed and summary reports of current expenditures, financial commitments, etc. This information is obtained both on a routine basis and in response to requests from the executive and legislative branches. It is recorded and evaluated by OFM and becomes the basis for reports, recommendations, approval of expenditures and, in certain cases, for the establishment of firm criteria for the disbursement of state funds. ((An example of the latter use is the annual determination of the population of all cities and towns in the state, required by RCW 43.62.030, which is the basis for distribution of tax revenues to these communities.))

In obtaining the necessary data to perform these functions, OFM employs numerous methods of communication including, but not limited to: Reports submitted by state agencies, meetings with agency representatives, memoranda and informal contacts between its personnel and that of respondent agencies.

When necessary for the timely and uniform execution of its duties, OFM exercises its statutory power to place standardized reporting requirements upon other agencies of state government.

OFM has published and currently maintains the State Administrative and Accounting Manual, which contains policies((, regulations)) and guidance for state agencies in ((fiscally-related)) fiscally related matters.

All public records of this agency, as defined in RCW ((42.17.020)) 42.56.010, are available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter ((42.17)) 42.56 RCW, any other laws and these rules.

The public records officer((, designated)) is appointed by the director((,)) and shall be in charge of the agency's public records. The ((person so designated shall be)) public records officer is located in the office of the director. Any person wishing to request access to public records of OFM, or seeking assistance in making such a request, should contact OFM's public records officer:

The public records officer shall be responsible for implementation of the agency's rules ((and regulations)) regarding release of public records for inspection and copying, coordinating the staff of the agency in this regard, and generally ensuring compliance by the staff with the public records disclosure requirements of chapter ((42.17)) 42.56 RCW. The public records officer may choose a designee, as may be necessary, to act in his or her absence to carry out the above-described responsibilities.

((Public records of OFM shall be available for inspection and the preparation of requested copies in the office of the director or other agency location as applicable, during normal office hours. For the purposes of this chapter, normal office hours of OFM shall be from 8:00 a.m. until noon and from 1:00 p.m. until 5:00 p.m., Monday through Friday, excluding legal holidays.)) (1) Making a request for public records.

((Public records of OFM required by any person to be disclosed in accordance with the provisions of chapter 42.17 RCW, shall be provided by the public records officer or his or her designee for inspection in the office of the director or other agency location as applicable. Persons requesting such records may not remove them from the agency office. Public records requested will be made available as promptly as is possible without excessive interference with the other essential functions of the agency, and in accordance with rules provided to protect the records so requested from damage or disorganization.)) (1) Requesting inspection of records. The process for requesting inspection of public records is the same as for requesting copies of public records.

((No fee shall be charged for the inspection of public records. The agency may impose a charge for providing copies of public records. Such charges shall not exceed the amount necessary to reimburse the agency for its actual costs incident to such copying. If it is unduly burdensome for the agency to calculate the actual cost, OFM may charge $.15 per page. No person shall be provided a copy of a public record which has been copied by the agency at the request of such person until and unless such person has tendered payment of the charge for such copying.)) (1) Costs of copying. OFM may charge a customized service charge, as permitted by law, for compiling or providing access to certain public records. OFM charges a fee for the copying of public records, including electronic records, as permitted by law. OFM has determined that calculating the actual costs of providing copies of records is unduly burdensome for the following reasons: (a) OFM does not have the resources to conduct a study to accurately determine the actual costs of such staff time; and (b) conducting such a study would interfere with other essential agency functions. Therefore, rather than charging the actual costs of copying paper and electronic records, OFM may charge the fees permitted by law. OFM may waive fees in accordance with its fee waiver schedule, published online at OFM's web site at http://www.ofm.wa.gov/publicrecords/default.asp.

No provisions of any ((regulation)) rule contained in this chapter 82-48 WAC shall be construed as giving authority to any officer or OFM employee to give, sell, or provide access to lists of individuals requested for commercial purposes. If a list of individuals is included in the materials requested, OFM ((reserves the right to request)) may require requestors to identify themselves and the purpose of their request, and provide a signed statement that the requestor will not use the list of individuals for commercial purposes. When OFM has some indication that a requested list of individuals might be used for commercial purposes, OFM will investigate the request further. OFM will determine on a case-by-case basis whether such further investigation is necessary, based on the identity of the requestor, the nature of the records requested, and any other information available to OFM. When OFM determines further investigation is necessary, OFM will require requestors to identify the purpose of their request.

OFM ((reserves the right to)) shall determine ((that)) whether a public record or portion of a public record requested in accordance with the procedures outlined in chapter 82-48 WAC is exempt or prohibited from disclosure under the provisions of chapter ((42.17)) 42.56 RCW or other applicable laws.

In addition, pursuant to RCW ((42.17.260)) 42.56.070, OFM ((reserves the right to)) shall delete identifying details when it makes available any public record in 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.

Upon denial of any request for public records, the requesting party may petition in writing (including email) to the director, with a copy to the public records officer, for review of such denial ((to the director)). The director or his or her designee shall review the denial and provide the results of such review in writing to the petitioner and the public records officer before the end of the second business day following the receipt of the request for review. This review ((shall)) will constitute final agency action for purposes of judicial review; however, under RCW 42.56.520, any person may seek judicial review upon the conclusion of two business days after the initial denial regardless of whether the internal agency review is complete.

The office of financial management ((shall)) will maintain and make available for public inspection and copying an appropriate index in accordance with RCW ((42.17.260)) 42.56.070.