Chapter 2.25
PUBLIC RECORDS

Sections:

2.25.010    Purpose.

2.25.020    Definitions/ explanations.

2.25.030    Description of Cascade.

2.25.040    Public Records Officer.

2.25.050    Availability of public records.

2.25.060    Making a request for public records.

2.25.070    Processing public records requests.

2.25.080    Processing requests for electronic records.

2.25.090    Retention of records.

2.25.100    Exempt and prohibited disclosure of public records.

2.25.110    Costs of providing copies of public records.

2.25.120    Denials of requests for public records.

2.25.130    Text Messaging.

2.25.010 Purpose.

a. Public Record Act. The Public Records Act, Chapter 42.56 RCW, requires public agencies to make identifiable non-exempt public records available for inspection and copying upon request and to publish procedures to inform the public how access to public records will be accomplished. Pursuant to this Resolution, the following procedures for responding to public records and disclosure requests are established.

b. Purpose. The purpose of these procedures is to provide the public full and timely access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of efficient administration of our government. The Act and these procedures will be interpreted in favor of disclosure. In carrying out its responsibilities under the Act, Cascade will be guided by the provisions of the Act describing its purposes and interpretation. [Res. 2013-05 § 1].

2.25.020 Definitions/ explanations.

a. Public record. A writing, regardless of physical form, containing information relating to the conduct of government or the performance of any governmental or proprietary function, prepared, owned, used, or retained by Cascade.

b. Writing. Broadly defined, a writing means handwriting, typewriting, printing, photostating, photographing, and any other means of recording any form of communication, including, but not limited to, letters, words, pictures, sounds or symbols or their combinations; 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 data compilations from which information may be obtained or translated. An email is a writing.

c. Identifiable record. An identifiable record is one in existence at the time the records request is made and that Cascade staff can reasonably locate.

d. Exempt record. All agency records are available for review by the public unless they are specifically exempted or prohibited from disclosure by state law, either directly in Chapter 42.56 RCW or other statutes. The Municipal Research and Services Center maintains an up-to-date list of current exemptions and prohibitions on their website at http://www.mrsc.org/publications/pra12.pdf (scroll to Appendix C).

e. Counter document. A frequently requested document retained in Cascade’s main office or within departments that is known to be public information may be released without need to file a written public disclosure request.

f. E-mail. Electronic mail is an informational transfer system which uses computers for sending and receiving messages. It is comprised of individual units of information divided into an “envelope” and the message contents. The envelope, or message header, contains the mailing address, routing instructions, transmission and receipt information, and other information the system needs to deliver the mail item correctly. Classification of emails as public records is dependent on the content of the message. Email messages are public records when they are created or received in the transaction of public business and retained as evidence of official actions. [Res. 2013-05 § 2].

2.25.030 Description of Cascade.

Cascade is a Washington municipal corporation that provides water to its seven municipal and water & sewer district members. Cascade’s functions include but are not limited to maintaining public records. Cascade’s website (www.cascadewater.org) shall maintain descriptions of Cascade’s organization and the process through which the public may obtain information from Cascade.

Cascade’s main office is located at 520 112th Ave NE, Suite 400, Bellevue, WA, 98004. [Res. 2013-05 § 3].

2.25.040 Public Records Officer.

a. Any person wishing to request access to public records or seeking assistance in making a request should contact Cascade’s Public Records Officer. The Board authorizes the Chief Executive Officer to designate Cascade’s Public Records Officer.

The Public Records Officer will oversee compliance with the Public Records Act, but may designate other Cascade staff members who may process requests for public records.

The Public Records Officer or his or her designees will provide the fullest assistance to requestors, ensure that public records are protected from damage or disorganization, and prevent fulfilling public records requests from causing excessive interference with the essential functions of Cascade.

When using these Rules, references to the Public Records Officer should be interpreted to also include his or her designees.

b. Requests for records: Requests to inspect or copy any records maintained by Cascade should be made to the Public Records Officer at:

Public Records Officer

Cascade Water Alliance

520 112th Ave NE Ste 400

Bellevue, WA 98004

Telephone: 425-453-0930

FAX: 425-453-0953

E-mail: contact@cascadewater.org

c. Internet access to records. Many records are also available on Cascade’s website at: www.cascadewater.org. Requestors are encouraged to view the documents available on the website prior to submitting a public records request. [Res. 2017-11 § 1; Res. 2013-05 § 4].

2.25.050 Availability of public records.

a. Hours for inspection. Public records are available for inspection and copying during Cascade’s normal business hours: Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Cascade staff and the requestor may make mutually agreeable arrangements for times of inspection and copying.

b. Place of inspection. Records will be made available for inspection at Cascade’s offices. A requestor shall not take Cascade records from Cascade offices without the permission of the Public Records Officer.

c. Electronic access to records. A variety of records is available on Cascade’s website at:

www.cascadewater.org.

To the extent practical, Cascade will store, maintain, and make its records available electronically. For those seeking responsive records in electronic format, Cascade may provide access to public records by providing links to the web site containing an electronic copy of the record, provide records on disk, or transmit the responsive record via e-mail.

d. Records index. By this Resolution, the Board finds that maintaining a central index of Cascade records is unduly burdensome, costly, and would interfere with Cascade operations due to the number and complexity of records generated as a result of the wide range of Cascade’s activities.

Cascade’s Public Records Officer will, however, index and maintain the following general administrative records to make them available for public inspection and copying:

• Resolutions

• Policies adopted by the Board

• Minutes of the regular meetings of the Board

• Any related amendments, revisions and repeals

Other records that relate to the specific function or responsibility of a particular department shall be maintained in the offices of the particular department. The Public Records Officer will coordinate responses to public records requests with the departments, and responsive records shall be made available for public inspection and copying at the Cascade’s Bellevue offices in accordance with Chapter 42.56 RCW.

e. Organization of records. Cascade departments will maintain records in a reasonably organized manner and Cascade will take reasonable actions to protect records from damage and disorganization.

f. Retention of records. Cascade is not required to retain all records it creates or uses. The State Attorney General’s Local Records Committee approves a general retention schedule for local agency records that is common to most agencies. Individual agencies may seek approval from the Local Records Committee for retention schedules specific to their agency or that, due to their particular business needs, must be kept longer than provided in the general schedule. The retention schedules for local agencies are available at www.secstate.wa.gov/archives/gs.aspx. Retention schedules vary based on the content of the record. [Res. 2013-05 § 5].

2.25.060 Making a request for public records.

a. Reasonable notice that the request is for public records. A requestor must provide Cascade with reasonable notice that the request being made is for public records. If a request is contained in a larger document unrelated to a public records request, the requestor should point out the public records request by labeling the front page of the document as containing a public records request or otherwise calling the request to the attention of the Public Records Officer to facilitate timely response to the request.

b. Form. Any person wishing to inspect or copy identifiable public records of Cascade should make the request in writing by letter, fax, or e-mail addressed to the Public Records Officer. The person making the request may use a Request Form provided by Cascade on its website or provide all required information on their own form. Any request must include the following information:

• Name of requestor;

• Other contact information, including mailing address, email address and/or telephone number;

• Identification of the requested records adequate for the Public Records Officer to locate the records;

• If the request is for a list of individuals, a statement that the list will not be used for commercial purposes;

• Whether the person making the request would like to inspect the requested records or have copies provided; and

• The date and time of day of the request.

c. Prioritization of records. The Public Records Officer may ask a requestor to prioritize the records he or she is requesting so that the most important records may be provided first. A requestor need not prioritize a request.

d. Copies. If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to make a deposit or pay for the copies, as further discussed in CWAC 2.25.110.

e. Oral Requests. At his/her sole discretion and based on availability, the Public Records Officer may accept requests for public records that contain the above information by telephone or in person or assist in the filling out of the Request Form.

f. Requests made directly to Cascade departments. Requests for public records other than identified “counter documents” that are made directly to departments shall be delivered to the Public Records Officer immediately upon receipt for coordinated processing.

g. Purpose of request. A requestor need not state the purpose of the request. However, in an effort to clarify or prioritize a request and provide responsive records, the Public Records Officer may inquire about the nature or scope of the request. If the request is for a list of individuals, the Public Records Officer may ask the requestor if her/she intends to use the records for a commercial purpose. Cascade is not authorized to provide lists of individuals for commercial purposes.

The Public Records Officer may also seek sufficient information to determine if another statute may prohibit disclosure.

h. Overbroad requests. Cascade may not deny a request for identifiable public records solely because the request is overbroad. However, Cascade may seek clarification, ask the requestor to prioritize the request so that the most important records are provided first, and/or communicate with the requestor to limit the size and complexity of the request. Cascade may also provide the responsive records in installments over time. When a request uses an inexact phrase such as “all records relating to”, the Public Records Officer may interpret the request to be for records which directly and fairly address the topic.

When the requestor has found the records he or she is seeking, the requestor should advise the Public Records Officer that the requested records have been provided and the remainder of the request may be cancelled. [Res. 2017-03 § 1; Res. 2013-05 § 6].

2.25.070 Processing public records requests.

a. Providing “fullest assistance”. These procedures identify how Cascade will provide full access to public records, protect records from damage or disorganization, prevent excessive interference with other essential functions of the agency, provide fullest assistance to requestors, and provide the most timely possible action on public records requests.

All assistance necessary to help requestors locate particular responsive records shall be provided by the Public Records Officer, provided that the giving of such assistance does not unreasonably disrupt the daily operations of Cascade.

b. Order for processing requests. The Public Records Officer will process requests in the order allowing the most requests to be processed in the most efficient manner.

c. Acknowledging receipt and fulfilling requests. Within five business days of receipt of the request, the Public Records Officer will do one or more of the following:

1. Make the record available for inspection or copying;

2. If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

3. Acknowledge that the request has been received and provide a reasonable estimate of when records will be available;

4. If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone; or

5. Deny the request.

Cascade may respond to a request to provide access to a public record by providing the requestor with a link to Cascade’s web site containing an electronic copy of that record if it can be determined that the requestor has internet access.

d. Reasonable estimate of time to fully respond. If not able to respond within the five business-day period, the Public Records Officer must provide a reasonable estimate of the time it will take to fully respond to the request. Additional time may be needed to clarify the scope of the request, locate and assemble the records, redact confidential information, prepare a withholding index, notify third party persons or agencies affected by the request and/or consult with Cascade’s Attorney about whether the records are exempt from disclosure. The Public Records Officer should briefly explain the basis for the time estimated to respond. Should an extension of time be necessary to fulfill the request, the Public Records Officer will provide a revised estimate and explain the changed circumstances that make it necessary.

e. Notification that records are available. If the requestor has sought to inspect the records, the Public Records Officer will notify him or her that the entire response or an installment is available for inspection and ask the requestor to contact Cascade to arrange a mutually agreeable time for inspection. If the requestor seeks copies, the Public Records Officer should notify him or her of the projected costs and whether a deposit is required before making the copies.

f. Consequences of failure to respond. If Cascade does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the Public Records Officer to determine the reason for failure to respond.

g. Consequences of failure to clarify a request. If the requestor does not respond to Cascade’s request for clarification within 30 days of Cascade’s request, and the entire request is unclear, the Public Records Officer may consider the request abandoned, send a letter closing the response to the requestor, and re-file the records.

h. Consequences of disclosing a record in error. Cascade, and it officials or employees are not liable for loss or damage based on release of a public record if Cascade, official or employee acted in good faith in attempting to comply with the Public Records Act.

i. Searching for records. Cascade must conduct an objectively reasonable search for responsive records. The Public Records Officer will determine where responsive records are likely to be located and involve staff in other departments, as needed, to assemble the records. After the records are located, the Public Records Officer should take reasonable steps to narrow down the number of records assembled to those that are responsive. The Public Records Officer is allowed to provide arguably, but not clearly, responsive records to allow the requestor to select the ones he or she wants, particularly if the requestor is unable or unwilling to help narrow the scope of the documents being sought.

j. Preserving requested records. If a requested record is scheduled shortly for destruction under Cascade’s records retention schedule, the record cannot be destroyed until the public disclosure request has been resolved. Once a request has been closed, the Public Records Officer can destroy the record in accordance with the retention schedule.

k. Records exempt from disclosure. Some records are exempt from disclosure, in whole or in part (see CWAC 2.25.100). If Cascade believes that a record is exempt from disclosure and should be withheld, the Public Records Officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of the record is determined to be exempt, the Public Records Officer will redact the exempt portions and provide the non-exempt portions (see subsection (m) of this section).

l. Protecting the rights of others. If the requested records contain information that may affect rights of others and may be exempt from disclosure, prior to providing the records the Public Records Officer may give notice, including a copy of the request, to those whose rights may be affected by the disclosure. Generally ten days’ notice will be given in order to make it possible to contact the requestor and ask him or her to revise the request or, if necessary, allow affected individuals to seek an order from a court to prevent or limit the disclosure.

m. Redactions. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the Public Records Officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. For example, to prevent an unreasonable invasion of personal privacy, the Public Records Officer shall redact identifying details such as social security numbers when he makes available or publishes any public record. In each case, the justification for the deletion shall be explained in writing. For electronic records such as databases, the Public Records Officer may redact a field of exempt information by excluding it from the set of fields to be copied. If a field is redacted electronically by deleting a field of data or in any other way, the Public Records Officer will identify the redaction and state the basis for the claimed exemption.

n. Personal privacy and vital government interests. When a public record is exempt from disclosure under the Public Records Act, the exemption does not apply if the information that might violate personal privacy or vital government interests can be deleted from the records being sought.

o. Inspection of records. To the extent possible due to other demands, the Public Records Officer shall promptly provide space to inspect public records at Cascade’s main office. The requestor must claim or review the assembled records within thirty days of the Public Records Officer’s notification that the records are available for inspection or copying. The Public Records Officer will notify the requestor in writing of this requirement and suggest that he or she contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period, or make other arrangements, the Public Records Officer may close the request and re-file the assembled records. Other public records requests can be processed before a subsequent request by the same person for the same or almost identical records, which will be processed as a new request. Members of the public may not remove documents from the viewing area or disassemble or alter any document.

p. Providing copies of records. The requestor shall indicate which documents he or she wishes to have copied using a mutually agreed upon non-permanent method of marking the desired records. After inspection is complete, the Public Records Officer will arrange for copying. Making a copy of an electronic record is considered copying and not creation of a new record.

q. Providing records in installments. When the request is for a large number of records, the Public Records Officer will provide access for inspection and copying in installments if he reasonably determines that it would be practical to provide the records in that way. If the requestor fails to inspect the entire set of records or one or more of the installments within 30 days, the Public Records Officer may stop searching for the remaining records and close the request.

r. Completion of inspection. When the inspection of the requested records is complete and all requested copies are provided, the Public Records Officer will inform the requestor that Cascade has completed a diligent search for the requested records and made any located non-exempt records available for inspection.

s. Closing withdrawn or abandoned requests. If the requestor withdraws the request, fails to fulfill his or her obligations to inspect the records, or fails to pay the deposit or final payment for the requested copies, the Public Records Officer will close the request and indicate to the requestor that Cascade has closed the request. The Public Records Officer will document closure of the request and the conditions that led to closure.

t. Later discovered documents. If, after the Public Records Officer has informed the requestor that Cascade has provided all available records, Cascade becomes aware of additional responsive documents that existed on the date of the request, the Public Records Officer will promptly inform the requestor of the additional documents and provide them on an expedited basis.

u. No duty to create records. Cascade is not obligated to create a new record to satisfy a records request; however, Cascade may, in its discretion, create such a new record to fulfill the request where it may be easier for Cascade to create a record responsive to the request than to collect and make available voluminous records that contain small pieces of information responsive to the request.

v. No duty to supplement responses. Cascade is not obligated to hold current records requests open to respond to requests for records that may be created in the future. If a public record is created or comes into the possession of Cascade after a request is received by Cascade, it is not responsive to the request and will not be provided. A new request must be made to obtain later-created public records. [Res. 2017-11 § 2; Res. 2013-05 § 7].

2.25.080 Processing requests for electronic records.

The process for requesting electronic public records is the same as for requesting paper public records. If public records are requested in an electronic format, the Public Records Officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record. Costs for providing electronic records are governed by CWAC 2.25.110. With the consent of the requestor, Cascade may provide customized access under RCW 42.56.120 if the request would require the use of information technology expertise to prepare data compilations or customized electronic access services not used by Cascade for other agency purposes. [Res. 2017-11 § 3; Res. 2013-05 § 8].

2.25.090 Retention of records.

Cascade will retain its records in accordance with retention schedules approved by the State Local Records Committee. Public records may not be destroyed per a retention schedule if a public records request or actual or anticipated litigation is pending. Because an electronic record is usually more susceptible to manipulation and alteration than a paper record, Cascade will keep, when feasible, an electronic copy of the electronic records it provides to a requestor to be able to show the exact records it provided if necessary. [Res. 2013-05 § 9].

2.25.100 Exempt and prohibited disclosure of public records.

Cascade is not required to permit public inspection and copying of records for which public disclosure of the record is prohibited, restricted or limited by state or federal statute or regulation.

a. The Public Records Act, Chapter 42.56 RCW, provides that a number of document types and information are prohibited from being disclosed or are exempt from public inspection and copying. A current list of these prohibitions and exemptions will be provided upon request by the Public Records Officer and is available on the Municipal Research and Services Center web site at www.mrsc.org/Publications/prdpub04.pdf (scroll to Appendix C).

b. In addition, other statutes may exempt or prohibit disclosure of other documents and information. A current list of these prohibitions and exemptions will be provided upon request by the Public Records Officer. Alternatively, the requestor may review a list of other statutes outside the Public Records Act that may prohibit or exempt disclosure of certain information from the Municipal Research and Services Center web site at www.mrsc.org/Publications/prdpubo4.pdf.

c. Cascade’s failure to list an exemption shall not affect the effectiveness of the exemption. [Res. 2013-05 § 10].

2.25.110 Costs of providing copies of public records.

a. Costs for copies. Calculating actual costs for providing public records is unduly burdensome due to the difficulty in accurately determining actual costs, as allowed under the Public Records Act, based on the limited volume and wide range of records requests received by Cascade. As authorized under RCW 42.56.120, Cascade may impose costs for copying or producing public records according to the fee schedule below or as otherwise allowed under the Public Records Act.

Document or Transmittal Type

Unit

Per Unit Charge

Photocopies, printed copies of electronic public records, use of agency photocopy equipment

Per page

$0.15

Scanned copies of public records or use of agency scanning equipment

Per page

$0.10

Electronic files or attachment uploaded to email, cloud-based data storage service, or other means of electronic delivery

Four files or attachments

$0.05

Transmission in an electronic format or use of agency equipment to send records electronically

Gigabyte

$0.10

Digital storage media or device

 

Actual Cost

Mailing container, envelope, postage, and delivery charges

 

Actual Cost

In the alternative to charging the fees authorized above, Cascade may charge a flat fee of up to $2.00 for an entire request based on reasonable estimates and documentation that the costs otherwise allowed are clearly equal to or more than $2.00.

Before beginning to make copies, the Public Records Officer may require a deposit of up to ten percent of the estimated costs of copying or scanning all the records selected by the requestor, including the customized access fee referenced in CWAC 2.25.080. The Public Records Officer may also require the payment of the remainder of the copying and/or scanning costs before providing all the records, or the payment of the costs of copying and/or scanning an installment before providing that installment. The Public Records Officer Cascade has discretion to waive any charge authorized under this chapter.

b. Method of payment. Payment may be made by cash, check, or money order to Cascade Water Alliance. [Res. 2017-11 § 4; Res. 2013-05 § 11].

2.25.120 Denials of requests for public records.

a. Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including by e-mail) to the Public Records Officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the Public Records Officer or designee denying the request.

b. Consideration of petition for review. The Public Records Officer shall promptly provide the petition and any other relevant information to Cascade Attorney or his or her designee to conduct the review. Cascade’s Attorney or his or her designee will promptly consider the petition and either affirm or reverse the denial within two business days following Cascade’s receipt of the petition, or within such other time to which Cascade and the requestor mutually agree.

c. Judicial review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal. [Res. 2013-05 § 12].

2.25.130 Text Messaging.

The Board amends procedures for responding to public records and disclosure requests to include the Cascade Water Alliance Personnel Policy and Public Records Act Implementation Policy Regarding Text Messaging. [Res. 2016-01 § 2].