PUBLIC RECRDS 101Top Ten Things Every EmployeeMust Know About the Public Records ActPresented by: Amanda Davis SimpfenderferSCCD Public Records Officer

PRA 101

What is the Public Records ActRequires that most records maintained by state, county, city governments,

and all special purpose districts be made available to members of the public.

Public records disclosure statutes apply equally to "every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district or any office, department, division, bureau, board,

commission, or agency thereof, or other local public agency.

The definition of what is a "public record" is quite broad. The definition of "writing" is also broad. Papers, photos, maps, videos, and electronic

records are all covered by the Public Records Act.

PRA 101

Employees Are Ethically Required to Know

• Personal Legal Obligation: “No state officer or state employee may intentionally conceal a record if the officer or employee knew the record was required to be released under [the PRA.]” RCW 42.52.050.

• Agency Liability: “An agency’s compliance with the Public Records Act is only as reliable as the weakest link.” P.A.W.S. v. UW, 125 Wn.2d 243, 269 (1994).

• Legal Duty Under the PRA: All employees must help locate records and must be able to identify requests

PRA 101

#1 Strong Public Mandate in Favor of Open Government

• Passed by Initiative in 1972

• All records of an agency are presumed to be subject to disclosure

• Agencies must respond promptly and provide fullest assistance to requesters

PRA 101

#2 You May Have to Help Process a PRA Request

• If a Records Request is made to you

• If you are named in the Records Request

• If the Records Requested are in your possession

PRA 101

• No fee for inspection

• No charge for search time

• May charge for copying, scanning from hard

copy to electronic copy, or sending large

amounts of documents via CD

#3 Agencies Must Disclose at Almost No Cost

PRA 101

#4 PRA Compliance Is a Team Effort

•Public Records Officer

•Records Custodians

•IT Staff

•Agency Attorney

•Executive Staff

PRA 101

#5 Listen to Your PRO

Public Records Officer is following a game plan

Fully trained in legal requirements

Customer oriented

PRA 101

• Embracing your duties under the PRA leads to better compliance

• A bad attitude can cost you

• Disliking or complaining about the request doesn’t lessen the responsibility to comply

#6 Pays to Embrace the Public Records Act

PRA 101

• NEW $0 to $100 per day per request

• No proof of damages required

• Attorney fees and costs

PRA 101

Significant Penalties

• Mason County $175,000 & $135,000

• DSHS $525,001 (3 x $175,000)

• City of Monroe $157,000

• City of Prosser $175,000

• Jefferson County $42,000

• King County $360,000 in Yousoufian – Supreme Court held $124,000 was TOO low

PRA 101

Three Tasks Your Public Records Officer Must Complete Immediately

1. Start tracking request

2. Notify record holders and IT (records preservation)

3. Start generating the 5-day response

#7 PRA Requires “Prompt Response”

PRA 101

Generating the 5-day Response

1. Deny request

2. Fulfill request by providing documents

(may fulfill by providing a link to the document on

the web)

3. Reasonable time estimate

4. Request clarification

You must take 1 of 4 actions in 5 days:

PRA 101

“Reasonable” Time Estimate Based on:

• Size of request

• Location of records/number of custodians

• Likelihood of exemptions and redactions

• Available staff, number of other requests

• An agency can revise its estimate

PRA 101

#8 All Records Presumed to Be Public Records

A public record is:

1. Any writing

2. Relating to the conduct / performance of any governmental or proprietary function

3. Prepared, owned, used, or retained by a public agency

“nearly any conceivable government record related to the conduct of government.”

O’Neill v. City of Shoreline, 170 Wn.2d 138 (2010).

PRA 101

Types of RecordsTypes of Records• Calendars

• Evaluations

• Public comment forms

• Photographs, videos

and MP3s

• Databases

• Voicemails

• Text Messages

• Social Media

Traditional Records

• Letters

• Contracts

• Resolutions

Electronic Records

• Emails

• Word documents

• Spreadsheets

• PDFs

PRA 401: Electronic Records

PRA 101

Personal Computers and Email Accounts

Work-related records are public records wherever they are located, including:

•Records saved on home computer

•Emails sent to or from personal email accounts

PRA 101

1. All locations and sources you would reasonably expect to find responsive records

2. Re-assess and update search criteria

#9 Agencies Must Conduct a Broad Search for Records

PRA 101

• Emails

• Central server

• Calendars

• Desktops & Laptops

• PDAs

• Cell phones

• Thumb drives

• Drawers

• Off-site storage

Email

Central File Server

Drawers

Calendars

Laptops and Desktops

PDAs

Cell Phones

Thumb Drives

#9 Agencies Must Conduct a Broad Search for Records

Where do you search?

PRA 101

Retention and Creation Matter

• If you don’t create it, you don’t have to produce it

• If you know where you put it, it’s a lot easier to find

• If you’ve properly deleted it, you won’t have any liability under the PRA … • http://www.sos.wa.gov/_assets/archives/RecordsManagement/

SGGRRS5.1.pdf

… as long as there was no pending request!!

PRA 101

Specific Exemption Required

PRA 101

ONLY WITHHOLD A RECORD WHEN IT WILL

SERVE THE PUBLIC INTEREST

PRA 101

Personal Privacy

Commercial

Efficient Government

Taxpayer

Public Safety

PRA 101

Agencies must allow records to be examined

“even though such examination may cause

inconvenience or embarrassment to public

officials or others” RCW 42.56.550(3)

PRA 101

Exemptions Allowed Under the Public Records Act

1) Student Records

2) Attorney Client Privilege

3) Attorney Client Work Product

4) Public Employees –

Applications

5) Public Employees – Personal

Information

6) Public Employees – Personnel

Files

7) Personal Financial Information

8) Social Security Numbers

9) Systems Security

PRA 101

Silent Withholding

When You Must Withhold You Still Must Disclose

Provide Basic Identifying Information