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HomeMy WebLinkAboutReg 2018-01-16 Item 6 - Training - Open Government Training Act for Elected Officials1-- z w Z 0 w Z w z O � 0 z LU a_0 City Attorney's Office Rachel Turpin City Attorney Ann Marie Soto Assistant City Attorney City Clerk's Office Christy O'Flaherty Records Governance Manager/City Clerk Andy Youn Deputy City Clerk Barbara Saxton Records Coordinator Effective July 1, 2014 Presentation Date January 16, 2018 Professional Affiliations Secretary of State Kms` Washington State Archives Aiir;l1111\ ARMA International (Association of Records Managers and Administrators Municipal Clerks Association NAGARA (National Association of Government Archives and Records Administrators) Laserfiche WAPRO Washington Association of Public Records Officers N Open Government Trainings Act* • Records retention and destruction requirements RCW 40.14 • Public Records Act RCW 42.56 • Open Public Meetings Act RCW 42.30 *Engrossed Senate Bill 5964 - 63'x' Legislature - 2014 Regular Session Effective July 1, 2014 i 0 C a) tuj w -a al 4-; , ,- (D O CU U CD al L 0 V N DC 23 N .p Title 40 RCW Public documents, records, and publications Chapter 40.04 - Public documents. Chapter 40.10 - Microfilming of records to provide continuity of civil government. Chapter 40.14 - Preservation and destruction of public records. RCW 42.56.010 Definitions (3) "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. N) U1 N a) Managing Records Means: • Records are kept for as Tong as we are required to keep them. • We are able to find the records when they're needed. • Records are disposed of appropriately once we are not required to keep them any longer. 27 N co Consequences for destroying records too early: • Enormous fines assessed by the court due to failure to produce documents needed to fulfill a public records request or as part of a lawsuit • The possibility of interruption of efficient operation of the City due to the Toss of information needed for decision making and operations • A loss of continuity in business operations in the event of a disaster • Loss of records of historical significance Typical Lifecycle of a record LJ Creation Distribution & use Storage & maintenance Inactive storage gam Disposition (destruction or Archives) In 0 0 CA) O Do I need to keep it? How long? The State has developed a retention schedule that: • identifies and categorizes many specific types of documents, • states how long each one must be retained, and • gives direction on what is to be done with the record once that retention period has been met. Secretary of State Washington State Archives 0 BRANCHES • RESEARCH • TEACHERS & STUDENTS STATE AGENCIES LOCAL GOVERNMENTS IMAGING SERVICES overnme ords Retention Schedules Records Retention Schedules Se h Sear ch the Database (Updated 05/18/17) Records Retention Schedules for All Local Government Agencies All records retention schedules approved by the Local Records Committee are provided below. L>cal Government Common Records Retention Schedule (CORE) Local Government Records Retention Schedules - by Type of Agency Local Government Records Retention Schedules - Alphabetical List W N cpSAS "ilfk a the Secretory rd titt1Ic Washington Stale Archives Local Government Common Records Retention Schedule (CORE) Version 4.0 (May 2017) 2.7 INVENTORY The activity of detailing or itemizing goods, materials and resources on a periodic basis. DISPOSITIorJ AUTHORITY NUMBER (DAN) DESCRIPTION OF RECORDS RETENTION AND DISPOSITION ACTION DESIGNATION GS50-06B-05 Rev. 1 Inventory — Keys/Key Cards/Badges Records documenting the inventory of security badges or building keys/key cards issued to employees (includes contractors and volunteers) and visitors to gain access to agency facilities and resources. Retain until obsolete or superseded then Destroy. Ni_1%-F'•.RC H IVa _ ESSENTIAL OFM GS3O-08C-06 Rev. 1 Inventory -Surplus Property Records relating to the inventorying of surplu, capital and/or expendable (tagged or tracked) assets. Retain for 6 years after inventory record obsolete or superseded then Destroy. NON -ARCHIVAL NON-ESSENTIAL OPR GS50-068-25 Rev. 1 inventory — Trees Records relating to the inventorying of trees on agency -owned property completed in accordance with an agency -adopted policy regarding historical or ornamental trees. May include number, type, age, and estimated height. Retain for 3 years after inventory record obsolete or superseded then Transfer to Washington State Archives for appraisal and selective retention. ARCHIVAL (APprai,ai Requited) NON-ESSENTIAL " " Records don't just look like this anymore. 111 9 *E'ft ter) r 88888 PAC! 88888 grR 1 88888 88888 IP" 88888 1144.1. 8a8p888 1.111 • N t O ( cu c O U — > -o '� U U . C6 Ca L. L +.J • • • U 4) Retention Period Examples Type of record Retention period Planning and execution of educational/promotional events Until no longer needed; Archival Strategic Plans Until no longer needed; Archival Management of crime prevention programs 1 year after obsolete or superseded; Archival Surveillance recordings (if used for security monitoring) 30 days IT help desk requests 1 year Staff meetings (agendas, minutes, notices) 2 years Utility meter readings 3 years Usage and dispersal records (equipment, fuel, energy) 4 years Water test reports 6 years Fire Department medical incident reports 8 years Litigation case files 10 years; Archival; "Essential" Major Accident Response & Reconstruction (Police) 50 years; Archival Payroll registers (and time cards) 60 years after separation; "Essential" Personnel files (employees and volunteers) 6 years after separation; "Essential" Application for a building permit 6 years after life of building; "Essential" Conditional Use Permits Life of the agency; "Essential" Records relating to the destruction of public records Life of the agency; "Essential" Manhole records Permanent; "Essential" W 0) P602 P601 N601 P502 P501 if/P1 tA1, P402 F'Lt.; f; o. a MISCELLANEOUS AD]OURNMENT 37 Do you have a City record? We must: • Retain it for the time period required by law • Be able to produce it if needed • Be able to provide proof of how and when it was disposed of SnS t)R'rr, of trey^cIe,{ri n..:4tat^. Wfrtrg1b•,S411,) Arc.^lues Local Government Common Records Retention Schedule (CORE) Version 4.0 (May 2017) 3.8 REPORTING The rctivity of providing financial information as required by regulatlnci authorities. DISPOSITION AUTHORITY NUMBER IDAN) DESCRIPTION OF RECORDS RETENTION AND DISPOSITION ACTION DESIGNATION 6550-03D-02 Rev. 1 Annual Financial Report of Chief Fiscal Officer to Commissioners/Council Annual financial report complied by the local government agency and submitted to its governing body in accordance with statute, charter, and/or agency policy. Retain until otls::,lete or superseded then Transfer to Washington State Archives for appraisal and selective retention. ARCHIVAL (Appraisal Required) NON-ESSENTIAL OPR GS50-03C-01 Rev. 1 Continuing Grants —Annual Financial Status Reports Annual report submitted for Lontinuing grants containing summaries and breakdowns of expenditures tor the past year. Excludes non -continuing grant reports covered by GS50-03C-02. Retain for 4 years after submission of report or for period required by grant/ program, whichever is later then Destroy. NON -ARCHIVAL NON-ESSENTIAL OPR GS50-03(-02 ,tev. 1 Bond, Grant and Levy Project Reports Reports relating to bond, grant (non -continuing) and levy projects. Includes, but is not limited to: • Progress statements; • Expenditure of funds; • Periodic, annual, special, and final reports. Excludes continuing grant reports covered by GS50-03C-01. Retain for 4 years after submission of final report or for period required by grant/ program, whichever is later then Transfer to Washington State Archives for appraisal and selective retention. ARCHIVAL lAppral:yl Regwreill NON -ES SEN'IAL op 40 41 -p N Proper disposition of records allows us: • To track which records have been stored, destroyed, or turned over to the State • To provide documentation of how and when a record was destroyed in the event of a public records request or lawsuit All public records shall be and remain the property of the state of Washington. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only in accordance with the provisions of RCW Chapter 40.14. nS Cne Secre•m; 0 51nir Washington Slate Arc-rves Local Government Common Records Retention Schedule (CORE) Version 4.0 (May 2017) 4,1 AUTHORIZATION/CERTIFICATION The activity of agency employees receiving outhorization/approval, or fulfilling certification requirements, cis required by the agency or regulating authorities for purposes relating to job activities. (Excludes the granting of approval by agencies acting in a regulatory capacity, which is covered in sector schedules.) DISPOSITION AUTHORITY NUMBER IDM) GS50-19-09 Rev. 2 GS2011-191 Rev. 2 DES( RIPTION OF RECORDS Authorizations/Certifications — Employees (Hazardous Materials Handling) Records relating to licenses, permits, accreditations, certification; and other authorizations acquired by employees that relate to the handling of hazardous materials and that are either required by or received from regulating authorities (local, state or federal agencies and/or courts). Includes trained personnel lists, Note: There is no limitation of action on the agency's liability for the exposure of individuals to hazardous materials. RETENTION AND DISPOSITION ACTION Retain for 50 years after authorization/certification superseded or terminated then Destroy. DESIGNATION NON -ARCHIVAL ESSENTIAL 0PR Authorizattons/CertlfJcat/ons — Employees (Health Care/Services) Records relating to mandatory licenses, certifications, and authorizations received from Washington State Departments of Health or Lieenong key r rnnin,vices for the provision of health care or related services. As specified in RCW 4.16.350, providers Include (but are not limited to) physicians, nurses, psychologists, physical therapists, physidan's assistants, pharmacists, etu and employees or agents of licensed individuals (paramedics, EMTs, etc.). Retain for 8 years after authorization superseded or terminated then Destroy. NON -ARCHIVAL NON-ESSENTIAL 0 PR 44 45 IMEL)dd.. 46 Records Management: What is Tukwila doing? •:• On-going records orientation training program for City staff for the past 7 years, as well as supplemental training relating to the destruction of electronic records. •:• Guidance and resource materials created for staff to support the transition to Office 365. •:• Collaboration on the evaluation of new technologies under consideration by the City to identify potential implications relating to how electronic records would be retained, produced, and disposed of during their lifecycle. Examples include: PerfectMind, SeeClickFix, NEOGOV, Office 365 services, and DocuSign. ❖ Monitoring of updates or other changes to the State Records Retention Schedule and distribution of information to staff. ❖ Development of policies as needed, including those relating to legal holds, retention of closed contracts and security camera monitoring footage. •:• Coordination with the City Attorney's Office on the status of Legal Holds. •:• Facilitate and manage microfilming and/or digitization of "Essential Records." ❖ Coordinate transfer of records designated as "Archival" to the State Archives. ❖ Development of resource materials and an inventory of emergency supplies, which will enable staff to better respond to a potential disaster affecting City records. TO DEFEND AGAINST LAWSUITS , OUR RECORDS RETENTION POLICY HAS BEEN UPDATED TO INCLUDE THIS... E 0 WHAT THE RECORDS WAS I TALKING RETENTION ABOUT? POLICY. iC UFS. Inc. V Q (1) 13 L— ks) 0 in uc\J � ,L2 V _CD LI. 49 "The people do not yield their sovereignty to the agencies which serve them." "The people, in delegating authority, do not give public servants the right to decide what is good for the people to know and what is not good for them to know." "The people insist on remaining informed so they may retain control over the instruments they have created." RCW 42.56.030 Writing "Writing" includes "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, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated." RCW 42.56.010 So, "public record" is broadly defined. 01 N) WAC 434-662-040 Agency duties and responsibilities: "Electronic records must be retained in electronic format and remain usable, searchable, retrievable and authentic for the length of the designated retention period. Printing and retaining a hard copy is not a substitute for the electronic version unless approved by the applicable records committee." Examples of File Properties r, r' Name Title bitmrprka Keywords ti. ••' [+', r'II IL. En.vq:T:.e Y..•t•.n'n a:: .:4' . I. :: v:..a •¢:::: 401appMcieom :. ':•MYM J.ir..M.. '.};r.w, I, '2.;r.1 :1F'c'.'„ .. nPil-as ..- _�t;.y: •,: �'YaO:••.., Delete All Vers,9'1s tc1 .rxK 12/5/2016:4 5 'Pre •;'eo:eir 4 0 cf +istq O'F«therty General Security New employee training script Feb 2011.doc Type of file: Microsoft Office Word 97. 2003 Document Opens with: Y^ Microsoft Office Word I Change.. Location. Size: Size on disk Created: Modified: Accessed: H:1Records Mgmt\Training Notes 150 KB (154,112 bytes) 152 KB (155,649 bytes] Yesterday, January 31, 2011, 3:1 t28 PM Yesterday, January 31,2011, 4:44:52 PM Yesterday, January 31.2011, 4:44:51 PM Attributes: 0 Read-only ;Hidden I Advanced... OK Cancel Properties egones Related Dates ,._. rKE- AJd a t:,. +,_td tay ^-t- a category Last Modified 1u.'3'2046 .!27 h:t v rite Ldst Printed Related People :+:.,thOr 9/28/2016 1.2:4:1 PM Brenda Holt t -1st Modified 8, pi Barbara Saxton Related Documents (,pen File Location P,ny; Ali properties 01 What is Metadata? If you had two cans without labels, which would you eat? Without a Zabel, how would you know which was tuna and which was cat food? Automated creation Creation by document author Creab on by information specialist Enhancement by document author Enhancement by information specialist Metadata record The Seattle Times or arry abtseattlc Times Winner of a 2010 Pulitzer Prize Local News NiNjabs 1 NW'sutas 1 HWhomes 1 lAVanukroe 1 Face Classifieds 1 seattletimes.oc [61 I 44°F © our network sites 0 seattletmes.cam I Advanced Search Local Nation World BusinessrTe-b Sports Entertainment Living Travel Opinion Quick links:Traffic: i Moves Restaurants i Todaytev>"ents Shopping Jobs Auto Homes sit rtdis ILssrtieus Buy Video ohotc:s i Interacttves i Bli gs l Forum , . bbscriber Services Your account 1 Log in i Contact r: .rliorsictay. Omar, 7 201:1 *i ' 52 P!kt Coiim eflts (01 E-ni it article II Print 'clew O :.liare E-mail metadata considered public record : cia ls;d assn tateII ori lrcn!C, its • c 1 ; , '1 heats — is al public .'-1 suLJect By Gene Johnson Me associated Fres Metadata associated with electronic documents — such as the "to" and "from" fields in e-mails — is a public_ record subject to disclosure, Washington's Supreme Court ruled Thursday. The 5-4 ruling concerned a Shoreline resident's request under the Public Records Act for an e-mail that had been sent to the city's deputy mayor The resident received a copy of the e-mail without the metadata and subsequently filed a request for the information- " Metadata may contain information that relates to the conduct of government and is important for the public to know " Justice Susan Owens wrote- "It could conceivably include information about whether a document was altered. what time a document was created. or who sent a document to whom." Video x x Mariners FanFest Instead of watchinia from the bleachers. Mariners fans took to the field itself at Safeco Field with a variety of activities and opportunities to meet players during the 2011 Mariners FanFest, Raw audio 1 Phone call update fr nm Cairo Behind the Scenes Cheezburger photo shoot Cheezburger School: Ben Huh teaches X flow to caption 01 0) Identifiable Public Records May 24, 2014 Attn: Human Resources I would like to know how the city handles employment discrimination claims. Please advise at your earliest convenience. Soria To: City of Tukwila Date: June 1, 2014 would like to receive a copy of the city's policy for handling employment discrimination claims. Thank you. I Pane Amos The second request is for an "identifiable public record." The first request is for information. Work with requestors Seek clarification: • To provide the fullest assistance to the requestor. • Results in prompt disclosure by identifying only desired records. • Means the requestor receives and pays for only those records requested. Manage broad requests: • Work with requestors to narrow the scope. • Tell them about potential costs and deposits. • Supply records in installments 01 CO Amendments to the Public Records Act Effective July 23, 2017 • If the City requests clarification of an unclear request in its 5 -day letter, it must also provide "to the greatest extent possible" a reasonable estimate of the time it will take the agency to respond if the request is not clarified. • If a response to a request for clarification is not received, the City shall still respond to portions of the request that are clear. • A request for "all or substantially all records" of a public agency is not a valid request for "identifiable" records under the Public Records Act. • The City may deny frequent, automatically generated "bot requests" where the City establishes that responding to the multiple requests would cause excessive interference with other essential functions of the City. • Agencies with at least $100,000 of staff and legal costs associated with fulfilling records requests in the preceding fiscal year are required to report annually on a variety of metrics. The first deadline is July 1, 2018. FOLLOW THIS LINK TQRIYIfW THE: FULL PPBLIC RECORDS REQUEST POLICY PUBLIC RECORDS FORMS & CONTACT INFORMATION For all Public Records Requests, please select the appropriate form below. • General Requests That May Involve Multiple City Departments • Community Development Permit & Land Use Requests • Fire Only Requa ti • Police only Requests • Municipal Court Only Requests GENERAL REQUESTS INVOLVING MULTIPLE DEPARTMENTS General public records requests and/or those that may involve multiple City Departments: • City of Tukwila Public Records Request Form (Titll of Tukwila Request for Public Records ® Dm. aur. Home,: Fax?: Work k Ceil t: Z:p. Fined DrsCnpnc.n of le ordt'1) req wrtali..mm;t must be cleat' ;ltd concise it avoid delays; J REQUE STOR TO READ AND 'SILO' The documents mu, idrd h, 0,.. tequrti will uoo br uwd for cotmaertul vtapnses oz to mcwide wee.. t4 numr,ol n w other for c-ommezeal pimps:e: as prohibited M' RCW 42 360019, Further 1 unbent and I wall _e ;barge.( 0.13 pet single-aidedcoached-ure demoiselle Ib -1r1 [ 11 et $.Ii z 141 Doebbaulyd cop.: ore S.30 taro. The con for oretaized dorooufn or thou ori( our far reproduction will be hdled to the equrrot (outset the C,r ClerI Office at _)d 433-1300 nidi quesriou- Hmviug,:mfrheubov,saved to,: briau,. I ort obi ion umr 10 ru, of d.;n Ulundi' of requeseoe'- Date Please choose oue of the following options to submit your request -Entail the completed form as a PDF to TukxilaCzpi LIMA ngwuasa -Faa the coo.pleu.l fotzu. Attention Clty Clot, to 206 433-1133 -Dehret the romplete1 form m person oe bl mall a Telco de Cm' C1eft. 6290 Souzbcmta Bird. Tukwila, WA 00101 FOR ,TAFF 1. sl ONL1' -- C opies of thy: l eque , were pi ovuled to: `: nue air ', erne Deoamuew Decwmamt Deo'1mMnl Da,0 Date Crate 4bor; otafjut respond to Ci(, (I ,* s ytri:, 0r: Neu ae mitmonble ,af, . RCW 41.34 Sx nquea, lot peel a 4RITTE`i R,!SPONSE annul ' wetiaur arm of me reopen The :bra rola Wim: ole below. day pet map. Nps Menu tom lou. tLa tiny (tell . Off.* w,:. ytpu• tW s+., ;anti 0106100l the mamma of au aypor>mate dao rem* gall; b. laid. o d the tofnludo. wuabe t cogwamd Inamoe Combo dr. Cue Areas., s Offer. trdi monde go.,e<m Da. 1 1 D.I.. 1 1 Da, 3 I Dar 4 i I � Das Remove to n ..tn .v oa be Georg bow ,ander; noxi fes delay or utaoLuv to prod.: r records ., ua.ar of C epi. C ONIPLETION OF REQI'E0F Pawl pads ,. [. OCaetar-� ^t.t mpg •_ III.Agency Responses to Requests O O Within 5 business days, the City must: 1. Make the record available for inspection or copying; OR 2. Provide an internet address and link on the agency's website to the specific records requested; OR 3. Acknowledge that the request has been received and provide a reasonable estimate of when records will be available; OR 4. Deny the request and provide a statutory reason as to why the request is being denied. An agency can seek clarification of a request if it is not reasonably clear, or does not request "identifiable records " -RCW 42.56.520 Estimate of Time for Further Response • Factors for needing additional time may include: ✓ To get clarification if necessary. ✓ To search for records. More time may be needed if a request is large or complex. ✓ To assemble and review records. ✓ To provide notice to affected third persons/agencies if necessary. ✓ To prepare an exemption log if necessary. ✓ To perform other essential agency functions, considering agency resources including staff availability. • An agency can provide an estimate of time for further response. • Estimate is to be reasonable. • It is good practice to briefly explain why more time is needed to process a request. If challenged in court, it is an agency's burden to show why an estimate of time is reasonable. • An agency can extend the time if needed. Again, it is good practice to explain why. If an agency can't produce all the records at once (particularly for large requests), an agency can provide records in installments. — RCW 42.56.520, RCW 42.56. 120 0) N Searches • An agency should read the request carefully to understand what records are requested. ✓ Clarify the request if needed. ✓ An agency can also ask the requestor to suggest search terms. • An agency must conduct an adequate search for responsive records. ✓ Consider all formats (paper, electronic, etc.) ✓ Consider records of current staff/officials, and former staff/officials, if potentially responsive. ✓ Consider possible locations (e.g., file cabinets, agency website, audio files, etc.) • The search should be reasonably calculated to uncover responsive records. • The search should follow obvious leads to possible locations where records are likely to be found. • It is a good idea to document search efforts (locations, search terms used, etc.). The agency bears the burden of proof to show the adequacy of the search. RCW 42.56.520 Exemptions • Records are presumed open. • If a record, or part of a record, is withheld from the public, the agency must cite to an "exemption" in law and give a brief explanation. • Exemptions are narrowly construed. • The general rule is the agency withholds only the exempt information, and releases the rest. • Exemptions must be authorized in law — in the Public Records Act or other laws. --- RCW 42.56.210 INEIMIrmmrmslm Common Exemptions Personal information maintained in files for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy • Information on a child enrolled in a public or nonprofit program serving or pertaining to children, adolescents, or students, including but not limited to early learning or child care services, parks and recreation programs, youth development programs, and after-school programs Attorney-client privileged information • Intelligence and investigative records compiled by investigative, law enforcement and penology agencies • Residential addresses and telephone numbers of utility customers • All applications for public employment including names, resumes, and other related information • Credit and debit card numbers, electronic check numbers, and card expiration dates • Test questions, scoring keys, and other examination data used to administer an employment examination • Records that are relevant to a controversy to which the City is a party but which would not be available to another party under pre-trial court discovery rules Privacy • There is no general "privacy" exemption in the Public Records Act. • If privacy is an express element of another exemption, privacy is invaded only if disclosure about the person would be: 1. "Highly offensive to the reasonable person" and 2. "Not of legitimate concern to the public." This means that if information does not satisfy both these factors, it cannot be withheld as "private" information under other statutes. RCW 42.56.050 0) 0) Fees • Agencies cannot charge fees to allow requestors to inspect records. • Agencies cannot charge fees for searching, reviewing or redacting records. • If an agency chooses not to follow the default fee structure outlined in the Public Records Act, they must calculate only the staff salaries, benefits or general overhead or administrative costs that are directly related to the actual cost of copying records (the charges must be reasonable, and documented). Agencies can charge fees for making copies of paper records (15 cents per page) or scanning paper to provide electronic copies (10 cents per page). • Agencies can charge for costs of mailing records (postage, shipping container, etc.). • Agencies are to make their fee schedules available to the public. • There may be other laws, outside the Public Records Act, that permit an agency to charge fees for records. RCW 42.56.070, RCW 42.56. 120, RCW 42.56. 130 Penalty Factors A court must consider these non-exclusive factors in deciding whether an agency should pay a penalty: ❑ Mitigating factors (factors that can reduce a penalty): • A lack of clarity in the public records request. • The agency's prompt response or legitimate follow-up inquiry for clarification. • The agency's good faith, honest, timely, and strict compliance with all procedural requirements and exceptions. • Proper training and supervision of the agency's personnel. • The reasonableness of any explanation for noncompliance by the agency. • The helpfulness of the agency to the requestor. • The existence of agency systems to track and retrieve public records. ❑ Aggravating factors (factors that can increase a penalty): • A delayed response by the agency, especially in circumstances making time of the essence. • Lack of strict compliance by the agency with all procedural requirements and exceptions, • Lack of proper training and supervision of the agency's personnel. • Unreasonableness of any explanation for noncompliance by the agency. • Negligent, reckless, wanton, bad faith, or intentional noncompliance with the Public Records Act by the agency. • Agency dishonesty. • The public importance of the issue to which the request is related, where the importance was foreseeable to the agency. • Any actual personal economic loss to the requestor resulting from the agency's misconduct, where the loss was foreseeable to the agency. • A penalty amount necessary to deter future misconduct by the agency considering the size of the agency and the facts of the case. • The inadequacy of an agency's search for records. Yousoufian v. Sims; Neighborhood Alliance v. Spokane County Judge Fines City $90,560 for Public Records Act Violations ',wrAelYge; OM* 1. m1aM C r .1 i • f.:11)// A,l": YrN: % agrl • Kendall WaKon lPautt Stam Cities groan under weight of huge public records requests O Ir MU ROOM ,Stromattoommor tos O AMELIA DICKSON .....e..p i.... ANDANDY1106I5 tfi�cScattictalntcs Local News Wiii.1,1 .;f Neu' Pubic is itee Withheld documents about gun buyback will cost city $18,000 LyouTh raa The•-dY Seette will pap t it Li, I; wuUnl 2. :hc :,�. Amendment Fotmaatlorl . til ra ' c ,..r' recants resting [i "aaynr. mitre Januar' cul buvoack Port of Kingston ordered to pay $166K in public records lawsu i t Narhan Pili/rg' Pubi is.hed Feb. 10. •2017 Lpdatod•Frb. • 1 '. .?017T King County pays Seattle Times more than $40,000 for public records violations saw- . ciiAt�A. 14 211114 Ilan Updates May 14 :ata 2 10 qr., City must pay $538,555 in public records suit over e-mail metadata Jett Until 1 Freedom :t' IntorrYtatlon I Meows July .. AIn,Y .n Washington state roust pay more Man Mali 3m Ill! �It :ic13rs to re.soive a seven-year lawsuit that bfOugM electronic rllelaoata within the sCcP3 01 Ise slats pubt!C !eCOlt!s 13•;!. 21 trial court FUlrct hast week. Serious or silly, records requests cost money up 11 di I.IARY I_ SRAtiY i;ran.l 1/ Tweet Just like env otl nut,u r:n i . the recWds .; ^ i : island School Dlserct are to be open to the public. Information aaout trukvinual ar.cl ; qtr ei t:arscrial data is protected. bill March 21, 2012 City $400,000 OK'd to settle records case ':;o::nty payout 3nci :n' l.ury ul ne1Jclt; n.. Mike Prager • Last year the Port of Kingston was ordered to pay about $75,000 in penalties and about $91,000 in legal fees for failing to release requested records in a timely manner. • In 2016 the town of Mesa in Eastern Washington was assessed a $353,000 penalty (plus legal fees) for 33 separate infractions of the state records law. The penalty was later reduced to $175,000, another step in the case that began in 2003 with a request for documents related to an upswing in fines for code issues. • Mason County was penalized $320,000 in fines and legal costs in a case over a request for documents related to a highway -corrector project and sewer systems. • DSHS was ordered to pay a record judgment of $649,896 in 2011 after three records were not turned over as part of a mammoth request involving more than 5,000 documents. In a legal brief, DSHS told the court they "inadvertently missed" the tape recording in question. • A federal judge fined the City of Mercer Island $90,560 for illegally withholding several public records for a period ranging from 842 to 882 days. • In 2014, the City of Bainbridge paid almost $500,000 in a settlement involving work- related e-mails of Councilmembers that were stored on their personal computers. The settlement also resulted in the resignation of one Councilmember. O Public Records Act: What is Tukwila doing? •:• The City Clerk serves as the Public Records Officer of the City. :• The City's Public Records Request Policy was amended to reflect the requirements resulting from the State's update to the Public Records Act (effective July 2017). •:• The majority of the Model Rules published by the Washington State Attorney General's Office have been incorporated into the City's policy and procedures. •:• Many of the City's most commonly -requested records are available 24/7 in the City's on-line Digital Records Center. Formal requests received for these records can be fulfilled by sending an e-mail with a link. :• GET -IT went live in October 2017, providing 24/7 access to the City's building permit and land use records—at no charge. GET -IT = Government Electronic Transparency Initiative for Tukwila. :• Technology solutions are used to distribute, fulfill and document public records requests in efficient and cost-effective ways. ❖ Staff participated in a multi -department LEAN study to assess workflows, fee criteria and other process efficiencies. •:• Tracking sheets are utilized to provide a history of each request and responses, and also serve to address the needs of State auditors. •:• City Clerk's Office staff participates in on-going training through various professional organizations. 4.-a c.) Q can cn 4 -•cu cu o Z(\j,t_ c.)• w la a_ N CL 0 71 N Open Public Meetings Act (OPMA) Applies to: (1) "Public agency" [including:] (c) Any subagency of a public agency which is created by or pursuant to statute, ordinance, or other legislative act, including but not limited to planning commissions, library or park boards, commissions, and agencies; (2) "Governing body" means the multimember board, commission, committee, council, or other policy or rule-making body of a public agency OPMA also applies to: Any committee of such public agency when: • the committee acts on behalf of the governing body, • conducts hearings, or • takes testimony or public comment RCW 42.30.020 The purpose of the OPMA is to allow the public to view the "decision-making process." Washington State Supreme Court OPMA Does Not Apply To: • These entities: ❑ Courts ❑ Legislature ❑ Agencies not defined as "public agency" in OPMA, such as agencies governed by a single individual ❑ Private organizations • These activities: ❑ Licensing/permitting for businesses, occupations or professions or their disciplinary proceedings (or proceedings to receive a license for a sports activity, or to operate a mechanical device or motor vehicle) ❑ Quasi-judicial matters ❑ Matters governed by the Washington Administrative Procedure Act, RCW 34.05 ❑ Collective bargaining RCW 42.30.020, RCW 42.30.140 Action "Action" means the transaction of the official business of the public agency and includes but is not limited to: — Public testimony — All deliberations — Discussions — Considerations — Reviews — Evaluations — Final actions The requirements of the OPMA are triggered whether or not 'final" action is taken. RCW 42.30.020 net Ud�.co.uk (edtatonte,na ad....uW Avoid an inadvertent on-line public meeting: (4ani Linked in follow us on C5) Notice Requirements Regular Meetings (recurring meetings held according to a schedule fixed by ordinance, resolution, bylaws or other rule) Effective June 12, 2014: Governing bodies are required to make the agenda of each Regular Meeting of the governing body available on-line no later than 24 hours in advance of the published start time of the meeting. Special Meetings (a meeting that is not a Regular Meeting, called by the presiding officer or majority of the members) Written notice must be given 24 hours before the Special Meeting and must specify the date, time and place of the meeting and the business to be transacted. Emergency Special Meetings Notice is not required for a Special Meeting called to deal with an emergency: • When the emergency involves injury or damage to persons or property or the likelihood of such injury or damage • Where time requirements of notice make notice impractical and increase the likelihood of such injury or damage RCW 42.30.070, RCW 42.30.077, RCW 42.30.080 RCW 42.30.050 Interruptions Procedure In the event that any meeting is interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of individuals who are interrupting the meeting, the members of the governing body conducting the meeting may order the meeting room cleared and continue in session or may adjourn the meeting and reconvene at another location selected by majority vote of the members. In such a session, final disposition may be taken only on matters appearing on the agenda. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section. Nothing in this section shall prohibit the governing body from establishing a procedure for readmitting an individual or individuals not responsible for disturbing the orderly conduct of the meeting. [1971 ex.s. c 250 § 5.] OD Executive Sessions For specified purposes set out in the OPMA. Includes, for example: National security ➢ Real estate: Site selection or acquisition of real estate— Lease or purchase Public knowledge would likely increase price Sale or lease— Public knowledge would likely decrease price Final action selling or leasing public property must be taken at an open meeting Publicly bid contracts: Review negotiations on the performance of publicly bid contracts Public knowledge would likely increase costs Evaluate qualifications of an applicant for public employment r- Meet with legal counsel regarding enforcement actions, litigation or potential litigation ➢ Other purposes listed in RCW 42.30.110 RCW 42.30.110 CLOUD RCW 42.30.120 Penalties (1) Each member of the governing body who attends a meeting of such governing body where action is taken in violation of any provision of this chapter applicable to him or her, with knowledge of the fact that the meeting is in violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of five hundred dollars for the first violation. What other consequences result from an OPMA violation? • Any action taken at meetings held in violation of the OPMA are "null and void." RCW 42.30.060. • A person who prevails against a public agency in an action in the courts alleging an OPMA violation is awarded all costs incurred, including reasonable attorney's fees. • An OPMA violation may provide a sufficient legal basis for a recall effort against a local elected official. CO 00 O Penalties for Violating theOpen Public Meetings Act Penalties increased in 2016 by the Washington State Legislature A court can impose a $x-00 $500 civil penalty against each member (personal liability) for a first violation, and $1,000 for each successive violation. Court will award costs and attorney fees to a successful party seeking the remedy. If the court finds that the action was frivolous and advanced without reasonable cause, it may award to the agency reasonable expenses and attorney fees. Action taken at the meeting can be declared null and void. RCW 42.30.120; RCW 42.30.060 1 Open Public Meetings Act: What is Tukwila doing? ❖ Agendas are posted on the City's website at least 24 hours in advance of meetings. Notices are posted as required for Special Meetings. ❖ Procedures have been formalized for override of the front door locks to ensure access. ❖ Upcoming events are monitored to determine if a Special Meeting notice is required. ❖ A sign is posted on the door when the governing body is in an Executive Session. ❖ Documentation is retained relating to Executive Sessions (purpose, time, attendees). ❖ Training has been provided for staff who serve as liaisons to the City's Boards and Commissions. •:• Audio and/or video recordings are posted to the City's website the next business day. ❖ Agendas and meeting minutes for the City's Boards and Commissions have been incorporated into the City's Digital Records Center (making them available on-line). 00 N Resources Records retention and destruction Washington State Archives site—Records Management: http://www.sos.wa.goviarchives/RecordsManagement/ On-line training course for public officials (Washington State Archives): http://www.sos.wa.eov/archives/RecordsManagement/Pu blicOfficialsandPublicRecords/index.htm1 Public Records Act Washington State Attorney General's video on the Public Records Act (scroll down) http://www.atg.wa.Rov/OpengovernmentTraining.asox#.UvDPQfldWos MRSC publication: "Knowing the Territory: Basic Legal Guideline for Washington City, County and Special Purpose District Officials" http://mrsc.org/getmedia/1e641718-94a0-408b-b9d9-42b2e1d8180d/Knowing-The-Territorv.pdf.aspx?ext=.pdf - Open Public Meetings Act – page 26 - Public Records – page 32 MRSC publication: "Public Records Act for Washington Cities, Counties and Special Purpose Districts" http://mrsc.org/getmedia/796a2402-9ad4-4bde-a221-0d6814ef6edc/Public-Records-Act.pdf.aspx?ext=.Ddf Washington Coalition for Open Government—Public Records Act information http://wash ingtoncog.org/records-reauests/ora-fags/ Open Public Meetings Act Washington State Attorney General's video on the Open Public Meetings Act (scroll down) http://www.atg.wa.gov/OoengovernmentTraining.asox#.UvDPQNWas MRSC publication: "The Open Public Meetings Act: How it Applies to Washington Cities, Counties and Special Purpose Districts" http://mrsc.oregetmedia/275e74fc-9d43-4868-8987-a626ad2cea9f/open-public-meetings-act.odf.aspx?ext=.pdf MRSC website—Open Public Meetings Act information htto://www.mrsc.org/subiects/legal/opma.asox Washington Coalition for Open Government—Open Public Meetings Act information http://washinetoncog.org/open-public-meetings/ooma-fags/ PUBLIC RECORDS ACT • 2014: A citizen filed a legal complaint that alleged a Puyallup City Councilmember "improperly maintained a personal website for City related communications," and "breached his lawful duties to comply with the Public Records Act" by not disclosing the records to the city. The citizen had asked the city to provide all city -related correspondence sent through the Councilmember's private e-mail address tied to that website. A Pierce County Superior Court judge ruled that the Councilmember must forfeit documents maintained through that private website. The judge also took the City of Puyallup to task, saying the public's full access to records, on any platform, must be protected. • 2014: Snohomish County agreed to pay a $575,000 settlement with Citizens for Sustainable Development to resolve a lawsuit. The group submitted more than 275 public records requests to the County Planning and Public Works Departments, the County Council, the County Executive's Office, and the Prosecuting Attorney's Office. They filed a lawsuit in 2013 accusing the County of failing to respond to four of its records requests "in a timely manner." • 2014: A court ordered the Mayor and Orange County (Florida) government to disclose IP addresses of all computers that tapped into accounts on the cloud -based, file -sharing service known as Dropbox. The County had been allowing use of the file -sharing service to let employees view and edit county documents on laptops and other mobile devices and work from home. The County has now abandoned its use of Dropbox in the wake of the court's ruling, saying disclosing IP addresses could leave the County vulnerable to hackers. • 2012: Spokane County Commissioners approved a $400,000 settlement with The Neighborhood Alliance of Spokane County. The alliance had sought public records to learn whether the son of a former Commissioner was given a job prior to a formal hiring process. The court ruled the County's search for records was inadequate, and that they had improperly rejected a request from the alliance to identify two people named on a seating chart. OPEN PUBLIC MEETINGS ACT Penalties for non-compliance: • Actions null and void. Any action taken at a meeting that fails to comply with the provisions of the Open Public Meetings Act is null and void. • Personal liability. Potential personal liability of $500 (first offense) for any member of a governing body who attends a meeting knowing that it violates the Open Public Meetings Act. Agency liability. Any person who prevails against an agency in any action in the courts for a violation of the Open Public Meetings Act will be awarded all costs, including attorney fees, incurred in connection with such legal action. • 2014: Vashon Park District was forced to vote on a severance agreement for a former employee for a second time. The second vote was required because the commissioners' first vote was done in a closed executive session, which is prohibited by state law. • 2012: The State Auditor's Office determined Whatcom County Councilmembers violated open meeting laws in three instances when council - members sent emails to the full council. In two cases, a councilmember responded to the whole council. Topics discussed in the emails included court funding and discussion of a public disclosure request. • 2012: A newspaper in Montpelier, Vermont, made a public records request for text messages and e-mails after witnessing several exchanges between councilors during a meeting. An investigation of other requests revealed the city failed to notify the public about committee meetings.