The purpose of this chapter is to ensure that Bellingham Technical College complies with the provisions of chapter ((42.17))42.56 RCW and in particular with those sections of that chapter dealing with public records.

(1) "Public record" includes 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. "Writing," which is broadly defined in RCW 42.56.010(4) to include any recording of any communication, image, or sound. A writing includes not only conventional documents, but also videos, photos, and electronic records including emails and computer data.

(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, ((disks))discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. An email, text, social media posting and database are therefore also "writings."

(3) "Bellingham Technical College" is an agency organized by statute pursuant to RCW 28B.50.040. Bellingham Technical College shall hereafter be referred to as the "district." Where appropriate, the term "district" also refers to the staff and employees of the district.

All public records of the district, as defined in this chapter, are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by chapter 42.56 RCW ((42.17.310)) or other statutes.

The district's public records shall be in the charge of the public records officer designated by the chief administrative officer of the district. ((The person so designated shall be located in the district administrative office.)) The public records officer shall be responsible for the following: Implementation of the district's rules regarding release of public records, coordinating district employees in this regard, and generally ensuring compliance by district employees with the public records disclosure requirements in chapter ((42.17))42.56 RCW.

Public records shall be available for inspection and copying during the customary office hours of the district. For 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 holidays established by the college calendar. The agency and requestor can make mutually agreeable arrangements for the times of inspection and copying.

((In accordance with the requirements of RCW 42.17.290 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 are only obtainable by members of the public when those members of the public comply with the following procedures:))

(1) ((A request shall be made in writing upon a form prescribed by the district which shall be available))There is no form required for a public records request. A request can be provided verbally or a request form provided by the district is available online at the BTC website or at the district administrative office. The ((form))request shall be presented to the public records officer ((or, if the public records officer is not available, to any member of the district's staff at the district administrative office)) during customary office hours. The request ((shall))should include the following information so that the district is able to appropriately respond to the request:

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

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

(((c)))(b) The nature of the request;

(((d) If the matter requested is referenced within the current index maintained by the public records officer, a reference to the requested record as it is described in such current index;

(f)))(c) Documents index. As an institution of higher education, the college generally does not have occasion to issue nonexempt "final orders," "declaratory orders," "interpretive statements," or "policy statements" as those terms are defined and used in the Public Records Act. The secretary of the college's board of trustees does maintain a documents index of the board's approved meeting minutes and resolutions. Inquiries may be directed to the secretary of the board in the office of the president.

(2) A verification that the records requested shall not be used to compile a commercial sales list may be required at the discretion of the district.

(((2)))(3) 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 person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

(1) Calculating the actual costs of charges for providing public records is unduly burdensome because it will consume scarce college resources to conduct a study of actual costs, and it is difficult to accurately calculate all costs directly incident to copying records, including equipment and paper costs, data storage costs, electronic production costs, and staff time for copying and sending requested records.

(2) Instead of calculating the actual costs of charges for records, the college president or designee shall establish, maintain, and make available for public inspection and copying a statement of costs that the college charges for providing photocopies or electronically produced copies of public records, and such charges for records shall not exceed the maximum default charges allowed in RCW 42.56.120 (2)(b).

(3) The ((college))district may also use any other method authorized by the Public Records Act for imposing charges for public records including, but not limited to, charging a flat fee, charging a customized service charge, or charging based on a contract, memorandum of understanding, or other agreement with a requestor.

(4) The ((college))district may waive charges assessed for records when the public records officer determines collecting a fee is not cost effective.

All charges must be paid by money order, cashier's check, or cash in advance.

(1) The district reserves the right to determine that a public record requested in accordance with the procedures outlined in WAC 495B-276-080 is ((exempt))subject to certain exemptions pursuant to the provisions set forth in chapter 42.56 RCW ((42.17.310)) or other statute. Such determination may be made in consultation with the public records officer, president of the college district, or an assistant attorney general assigned to the district.

(2) Pursuant to RCW ((42.17.260))42.56.070, the district reserves the right to redact or delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy ((or impair a vital governmental interest:)), provided, however, in each case, the justification for the redaction or deletion shall be explained fully in writing.

(3) Response to requests for a public record must be made promptly and in accordance with RCW 42.56.520.

(4) All denials of request for public records must be accompanied by a written statement, signed by the public records officer or his/her designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.

(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 which constituted or accompanied the denial.

(2) The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the president of the district, or his or her designee.

(3) Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the president of the district, or his or her designee, shall complete such review.

(4) During the course of the review the president or his or her designee shall consider the obligations of the district to comply with the intent of chapter ((42.17))42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in ((RCW 42.17.310))chapter 42.56 RCW or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

Requests for public records shall be made online at the BTC website or at the administrative office of the district in Bellingham, Washington. 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. Copies of such records may be arranged according to the provisions of WAC 495B-276-090.

(((1) The district has available for the use of all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated by the district after September 1, 1991:

(2) The current index maintained by the district shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.))As an institution of higher education, the college generally does not have occasion to issue nonexempt "final orders," "declaratory orders," "interpretive statements," or "policy statements" as those terms are defined and used in the Public Records Act. The secretary of the college's board of trustees does maintain a documents index of the board's approved meeting minutes and resolutions. Inquiries may be directed to the secretary of the board in the office of the president.