Chapter 2.25
PUBLIC RECORDS
Sections:
2.25.020 Costs for public records.
2.25.030 Resolutions to adopt public records policies.
2.25.010 Purpose.
(1) Chapter 42.56 RCW, the Washington Public Records Act, requires that public agencies publish rules to provide public access to public records; and
(2) Effective July 23, 2017, the Washington Legislature amended the Public Records Act, changing the costs which may be charged for providing records under the Public Records Act; and
(3) This chapter is to authorize Jefferson County to charge fees for the provision of responsive records, in accordance with RCW 42.56.120. [Ord. 2-18 § 1]
2.25.020 Costs for public records.
(1) Inspection Only. There is no charge for inspection of records.
(2) Records Already on Jefferson County Website. Jefferson County will not charge copying costs for access to or downloading of records that it routinely posts on Jefferson County’s website prior to receipt of a request, unless the requestor has specifically requested that Jefferson County provide copies of these records through other means.
(3) Statutory Basis. Costs for the provision of responsive records shall be in accordance with RCW 42.56.120. Jefferson County hereby adopts by reference RCW 42.56.120, as presently enacted or as may be amended in the future.
(4) Calculation of Costs. Except as stated below, Jefferson County has determined that the calculation of actual costs it charges for providing records would be unduly burdensome. Due to limited staffing resources such a study would interfere with other essential agency functions. Therefore, in order to implement a cost schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for Jefferson County to adopt the State Legislature’s approved fees and costs for most of Jefferson County’s records, as authorized in RCW 42.56.120 and as published in the Jefferson County public records request cost schedule. These fees shall go into effect immediately upon approval and apply to all pending Public Records Act requests.
(a) Jefferson County will charge actual costs for the following:
(i) Digital storage media or device provided by Jefferson County;
(ii) Containers or envelopes used to mail copies to the requestor;
(iii) Any postage or delivery charge;
(iv) Photocopies, printed copies of electronic records on paper sizes larger than eight and one-half by 14 inches;
(v) Costs of outside vendors for large-scale requests and odd-sized or larger color copies, if Jefferson County:
(A) Notifies the requestor of the outside vendor costs to be applied to the request, including an explanation of why the outside vendor cost is necessary and a reasonable estimate of the charge; and
(B) Provides the requestor an opportunity to amend the request to avoid or reduce the cost of the outside vendor;
(vi) Body worn camera recording(s);
(vii) A customized electronic access service charge, if Jefferson County:
(A) Estimates that a request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when the compilations or records created by customized electronic access services are not used by Jefferson County for its other purposes;
(B) Notifies the requestor of the customized electronic access service charge to be applied to the request, including an explanation of why the charge applies, a description of the specific expertise required, and a reasonable estimate of the charge; and
(C) Provides the requestor an opportunity to amend the request to avoid or reduce the cost of a customized electronic access service charge.
(b) Charges may be combined if more than one type of charge applies to copies produced in response to a request.
(c) Jefferson County may enter into any contract, memorandum of understanding, or other arrangement with a requestor that provides an alternative cost arrangement to the charges authorized in this chapter, or in response to a voluminous or frequently occurring request.
(5) Cost Schedule. A current cost schedule as authorized by RCW 42.56.120 and adopted by this chapter is in Appendix A of the ordinance codified in this chapter. The cost schedule also shall be codified in the Jefferson County Code Appendix Fee Schedules and shall be updated administratively by the clerk of the board to incorporate changes in the costs in RCW 42.56.120, as presently enacted or as may be amended in the future. A copy of an updated cost schedule also shall be maintained on the public records portal on the Jefferson County website and shall be posted at the Jefferson County commissioners’ office. The costs for the provision of public records are not subject to indexing pursuant to Ordinance No. 12-1209-96.
(6) Deposit. A deposit of up to 10 percent of the estimated total cost of providing copies for a request, including a customized service charge, may be required by Jefferson County before records are copied. When requested records are provided on an installment basis, costs shall be collected for copies prior to provision of the next installment. Failure to pay for an installment shall place compilation of subsequent installments on hold.
(7) Failure to Fulfill Payment Requirements. If payment arrangements are not made within 30 calendar days of notice that records are available, the entire request may be deemed abandoned and closed. The public records officer or designee shall make a reasonable attempt to contact the requestor prior to deeming a request abandoned and closed. [Ord. 2-22 § 1 (Att. A); Ord. 7-21 § 1 (Att. A); Ord. 2-18 § 3]
2.25.030 Resolutions to adopt public records policies.
The Jefferson County board of commissioners may adopt policies by resolution to implement Chapter 42.56 RCW, which policies shall apply to all employees, elected officials, and advisory boards and commissions of Jefferson County. [Ord. 2-18 § 4]
2.25.040 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this chapter. [Ord. 2-18 § 5]
2.25.050 Effective date.
The ordinance codified in this chapter is effective immediately upon adoption. [Ord. 2-18 § 6]