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HomeMy WebLinkAboutSpecial 2015-01-12 Powerpoint Presentation Shown at Meeting - Open Government Trainings ActWashin(e) ton State Archives buildin (4- in Olympia, Washini) ton (4- City of Tukwila City Attorney's Office: • Rachel Turpin, City Attorney • Ann Marie Soto, Assistant City Attorney City Clerk's Office: • Christy O'Flaherty, City Clerk • Melissa Hart, Deputy City Clerk • Barbara Saxton, Administrative Support Coordinator Open Government Trainings Act; effective July 1, 2014 Washington State Archives Municipal Clerks Association ARMA International (Association of Records Managers and Administrators ARMA 1 NAGARA (National Association of Government Archives and Records Administrators -NITTA pp 5 1.'11141,- Rcrord, Washington Association of Public Records Officers 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 - 63rd Legislature - 2014 Regular Session Effective July 1, 2014 n rsaws�*e nd srsrs�va IVUVI .,f RECORDS MANAGEMENT AND RETENTION RCW 40.14 ,WASHINGT4N S A LEGISLATURE 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. WASHINGTON STATE LEGTSLATZTRE Legislature Horne f Senate I House of Representatives 1 Contact Lis ! Search ! Flelp 1 Mobile RCWs > Title 42 > Chapter 42.56 > Section 42.56.010 42.56.001 « 42 56.010 » 42.56.020 RCW 42.56.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Print version 1 No dispenthfe en espeni (1) "Agency' includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency' includes 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. (2) "Person in interest" means the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability; "person in interest" means and includes the parent or duly appointed legal representative. (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. For the office of the secretary of the senate and the office of the chief clerk of the house of representatives, public records means legislative records as defined in RCW 40.14.100 and also means the following: All budget and financial records; personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record designated a public record by any official action of the senate or the house of representatives. (4) "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, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. Managing records means: • Records are kept for as long 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. /� r -111. OOP {� } ' l! ' : $ 0165 �= m 00 ` s CPI 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 loss 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 Creation Distribution & use Storage & maintenance Inactive storage Disposition (destruction or Archives) IIIIIIIIIIIIJ 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. Once SnS Washington State Archives of the it BRANCHES RESEARCH TEACHERS & STUDENTS I RECORDS MANAGEMENT IMAGING SERVICES Local Government Records Retention Schedules Records Retention Schedules Search Search the Database t. (Updated 4/1 5/2014) Records Retention ntion Schedules for All Local Government Agencies All records retention schedules approved by the Local Records Committee are provided below. Local Government Records Retention Schedules by Type of Agency Local Government Records Retention Schedules - Alphabetical List Washington State Archives Office of the SecretarV of State Local Government Common Records Retention Schein Version 3.0 (No vs 4.11 RECRUITMENT/HIRING The activity of screening, .selecting and employing of individuals. Includes volunteers. DIsPOSIrecahr AUTHORITY I NUMBER IDAFdJ DESCRIPTION OF RECORDS RETENTECeN AND DISPOSITION ACTION DE G550- 046 -01 Rev. 0 APPLICATION FOR EMPLOYMENT WHEN APPLICANT I.5 NOT HIRED 3 }ears NO Na GS5O- 04A -02 Rev. 0 CIVIL SERVICE COMMISSION JOURNAL Account of activity pertaining to certain civil service job openings. Contains names, test scores, and an indication of whether or not the persons involved are on an eligibility list, etc. Note: One copy of each available report should be assembled for transfer to Regional Archives. Expiration plus 1 year A App NO/ GS50- 04A -03 Rev. 0 CIVIL SERVICE EXAMINATION (PASSED BUT NOT HIRED) Examinations of those applicants that are on eligibility fist, but have not been hired.. 2 years NO1 NOt GS.50- 04A -04 Rev. 0 ELIGIBILITY LIST OR REGISTER List of individuals eligible to fill specific positions. 2 years NCI NOI GS50- 04B -11 Rev. 0 EMPLOYEE & VOLUNTEER FINGERPRINT LISTING Listings of newly hired employees fingerprinted for criminal background checks. 6 years NOI NOt GS50- 05A -2E Rev. 1 Employment Eligibility (INS) Documents - immigration And Naturalization lization Services Documents used to verify employment eligibility within the United States. Records may include, but are not limited to, federal I -9 forms and copies of passport, valid driver's license, certificate of naturalization, etc. Note: Reference 8 CFR § 274a.2(ra)(2). Retain for 1 year after termination of employment or 3 years after date of hire. whichever- is later then Destroy. NOI NOI 4. (HUMAN RESOURCE Records don't just look like this anymore. 2 ; Stock A 1 Stock El Stork C Stock D Stuck E Stook F 3 4 Stodquend irno 1205 1145 = i2O1 1105 1115 Price Poi Stock 3-45 3-5 3:§ ........ 3r9 .. 3.9 Cu rrerg profit 3 493 00 4217. 4443iO 4199.LLI 434 SO 4. 4.090 00 4B50 00 - 4.590 00 - 4.53100 5,120 00 „MOO : 5.120 00 4.920.00 5,120 00 5.320 CO 5320.00 i 6,120.00 5,320.00 : 5120.06 5.520 00 5.320.00 = L520.� ;= 5,320.30 520 00 5,120 00 k?a, Q0 . 5,20 00 - 5,520 091 4.690 00 5,120 01] 5.n3 ICC 5.520 00 5,720 04 • Paid Audio Records!, and Ldllar V4:2 :" :I, -- • !If IV LK' Pfif L n r PIM MunsuMand I yl Inn I V 31.1311 irn it� daasa Sean Wane • 0010 Spreadsheet Goal Seeker Dein* tt*cell.frarok to 1 1 'Goal Seekeel$C$5:*1.5 Osfre the, tend Va llsa(s): 1 'GS,SI SecskelSc t 12 •=1 11 lentleell the eeliteetae 1 I 'Goal SeekesiV$3:1;41 Cdt.e moc1N Existing models: ! A IF Add OM model 1 Adroostrato mood • caiica 1 • Paid Audio Records!, and Ldllar V4:2 :" :I, -- • !If IV LK' Pfif L n r PIM MunsuMand I yl Inn I V 31.1311 irn it� daasa Sean Wane • 0010 Retention Period Examples Type of record Retention period Gift and donation information files (P &R) Until no longer needed Strategic Plans Until no longer needed Management of crime prevention programs 1 year after obsolete or superseded 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 files 10 years Major Accident Response & Reconstruction (Police) 50 years Payroll registers (and time cards) 60 years Personnel files (employees and volunteers) 6 years after termination Application for a building permit 6 years after life of building Conditional Use Permits Life of the agency Records relating to the destruction of public records Life of the agency Manhole records Permanent 1 aPdr9WsdWiel 1T I— u7II�'m4! 9 I [ fib RR OCT 4 ti I *ir -r.- .rte-- ffetthirarl 11 Ir+d+d� a•17 P502 P501 'I P401 WIC N441 N301 q i . 1 t �' �— 1.201 4II P302 \,C.I.AeD FILET ; 1 of o 'Rill � MO di Mori 0 Monday, Tukwila City Council Agenda l REGULAR MEETING •❖ , Jim Haggerton, Mayor Conrrcilmembers.• +Joe ❑uffie -:• Dennis Robertson `4- _2905. David Cline, City Adrrarnisti for Sr Allan Ekberg -:- Verna Seal - De 'Se an Quinn, Co and/ President + Kathy Hougardy + Kate (Cruller Septeni ber 15,2014; 7:00 PM • Ord #2450 6 Res #18-42 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE ( ROLL CALL 2. SPECIAL PRESENTATION Taking Back Our Boulevard- 1yearlater. Mike Villa, Police Chief 3. PROCLAMATION A proclamation declaring September 27,2014 as "Mayor's day of Concern forthe Hungry." Pg•1 4. CITIZEN COMMENT At this time,you are invited to comment on items riot inn- Aided on this agenda (please firnit your cominents to five minutes percitizen). To comment on an item /istedon this agendar please saveyourcomments until the issue is presented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 912/14 (RegularMtg.) b. Approval of Vouchers. c. Award a bid to Michels Corporation forthe CBD (Central Business District) Sewer Rehabilitation Project in the amount of $160,594.89 and authorize the Mayor to sign the contract. (Reviewed and forwardedto Consentby Ufr /ities Committee on 9/2/14•) d. Award a bid to R.L.AIia Company fortheAndoverParkWest {Andover Park East Sewer Repair Project in the amount of $406,226.39 and authorizethe Mayorto sign the contract. Reviewed and fo,wardedto ConsentbyUtil resCommittee on 9/V14.j Pg3 Pg3 6. NEW BUSINESS a. Fire Exploratory Committee up date and recommendation. b. Emergency due to failure of critical information technology infrastructure: (1) A resolution declaring an emergency in responseto the catastrophic failure of critical information technology equipment. (2) Ratify th e M ayo r's September 10,2014 Proclamation of Emergency and the contractfor services with InfoRetrieval.comto respondto the repairs. Pg.17 Pg.55 7. REPORTS a. Mayor b. City Council c. Staff- Gtyr Administrator Report d. CityAttorney e. Intergovernmental Pg.65 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City lie El ki wheelchair iiebeisinie. Reast7nable acct nmc_a =c•3 a re .are'!.=_E''e at plbl-le F,aa rings with acfoante .flee to the Crly Clerk's office {20643? -1 E::- _' T -'.. =v_ =ydarkg.TukwliaViA.904 Thu notice u available at www.tukwilawa.clov, arc • E .s _.a =_•.13'0 with adva nee notice for those with d-r,abirrties. Tukwila Comma meetings tae Awi6ivadedi iLe Tukwila City Council Agenda o • REGULAR MEETING • Wes" 1400 David Jim d Cline, alMeyer Cnunrrlmnmbers. 8]ce Duffle ODennis Verna 5pn e'Senn Wan, Comnsresid ty Hougarerg Kato Krieger Monday, September 15,2014; 7:00000 • 00142450 • Res91842 1. CALL TO ORDER f PLEDGE OF ALLEGIANCE f ROLL CALL 2. SPECIAL PRESENTATION Taking B k Our Boul es aid -1 year later. M,10p6i ✓1a, Police Chief 3. PROCLAMATION A proclamation declaring Septembe 272914 as "M rya's Clay of Concern 0g.7. forthe Hungry." 4. CITIZEN COMMENT At.. this �t.i. me, you are invited to comment on items gata,dudedon this agenda /Fuse king yourecomments SO fire mart fe-cpercrt a J. Tn rommen pran Item fist don this agenda., pl ease ,ova your comments anti l the is sueis esented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 0(4 14 (RegularMtg.) b. Approval of Voud,ers. c. Award a bin to Michels Corporation fo r the Cal }(Central Business district) Sewer Rehabilitation Project in the amount of $168,094.89 and authorize the Mayorto sign the contract. ( Reviewed andfoneordedfo CUnse,rtby Leggier Commies ore 9/444.) d. Award a bid to R.L. Ali a Companyfo r the And ova Park West/And over Park East Sewer RepairProjectin the amount of $406,22639 and authorbethe Mayorto sign the contract (Reviewedaredfomardadto Consent by Ulr /Acs Cammrene re geZi14) P93 Pg3 6. NEW BUSINESS a. Fire Exploratory Committee update and recommendation. b. Em erg end/ due to failure of critical informationtechnol ogyinfrastdure: (1) A resolution declaring an em enry i n rasp once to the catastrophic failure of critical infonnationtechno l ogy equipment. (2) Ratify th e M ay ors September 10,2014 Proclamation of Emergerxy and the co ntrad for ewices with InfoRebiev *.coin to respondto the repairs. P9-17 P9.55 J. REPORTS a. Mayor b. City Council c. Staff -City Adm in ist into r Report d. Gty Attorney e. Intergovernmental P9.65 8. MISCELLANEOUS 9. EXECUTIVE SESSION 18. ADJOURNMENT a147 1..6w M,akate... Acasale aaaimo-amm are avabble ay,hooI,t3wirh adrame. nuke m the OW[kdes QOfw TukwkOtyckakbTrkwiLWA .9wj. 111-15 P.. saaibbk at wvw.wbwilawzgav and n alms...miaw mid advance maim fw.59 wandwhinSm. rmaxiCoanti inee.gs area , . e... LA w Tukwila City Council Agenda ❖ REGULAR MEETING ❖ ]iin Hagge clan M a l y t n n n d l m e m b o , o *Joe 0ulhe o Dennis Robertson 1s0e Devil Cline, GtyCdnerenamr a Allan Ekberg a Verna Seal De'Sean Quinn, Correa- Faidert a Kathy !banal* S Kate Kratler Monday,September 15,2014; 7 :00 PM • 0n102450 • Res01842 1. CALL TO ORDER f PLEDGE OF ALLEGIANCE f ROLL CALL 2. SPECIAL PRESENTATION Taking Sark Our Boulevard- 1year later. Mike VOA Pare Chief 3. PROCLAMATION A proclamation declaring September 27,2014 as "Mayor's Day of Concern Pg.l forthe. Hungry." -0. CITIZEN COMMENT At this ti ree,yoa are invited to comment on item, not included on thi s agenda (please Grid yearco,no,eotSto fncmmutespercoae").TO commen on an item 16tedon this agenda, is l ease s eve you r rnmments unto the issue s presented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 9(21 14 (RegWarMltg.) b. Approval of Vouchers. c. Award a bid to Michels COrpor05 on fo r the CBE] (Cent al BUS mess District) Sewer Rehabilitation Project in the amount of $160591.89 and authorize the Mayorto sign the contract (Reviewedandfornardedto Cnnsentby CV/gear CZnurat on 9/2/1e) d. Award a bid to R.L. Ali a Comp anyforth a And over Park West(Andover Park East Server Repair Project in the amount of $406,22630 and authodaeth a Mayor. sign the contra d. (Revrerredandforwardedto Consent by on 9/2/14.) P93 P93 6. NEW BUSINESS a. Ire piordory Committee updatean d rerommendatmn. b. Emag awry due to failure of€,Ucal 1 nformation technol ogyinfrastrudure: (1) 4 resolution declaring an em erg end/ in rasp onse to thecatash'o pink failure of critical infoemotion tedma l ogy equipment. (2) RatifytheMayorh September 10,2011 Prodamationaf Emergency and the co Arad fo r.services with Info Retdeval.cerr to respond 0 the repairs. P9.11 P955 2. REPORTS a. Mayor b. City Council c. Staff -City Administrator Report d. City 4ttomey e. Intergovernmental P9.65 8. MISCELLANEOUS 9. EXECUTIVE SESSION 18. ADIOORNMENT In k HYif ....able awn- modemrs are avababk at public h ram wrth advance notice mtlae Ow Oak's OM (2064331800 or run.ON21klyTU6ri0.WAgov). 114000009100:10161, www,nAwiarra.wr, and leaf... forma¢ w. advzm a not. for*. wi8. dmbrAa. 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 Was hingtoia State Archives Office of the Secletarv. of State Local Government Common Records Retention Schedule (CORE) Version 2.2 (December 2011) 3.9 REPORTING The activity of providing financial information as required by regulating authorities. DISPOSITION AIATI9 ORITY NUMBER IDANj DESCRIPTION of RECORDS G 550-03 D-02 Rev. 1 6550- 03C -01 Rev. 1 G550-03C-02 Rev. 1 Annual Financial Report of Chief Fiscal Officer to Commissioners /Council Annual financial report compiled by the local government agency and submitted to its governing body in accordance with statute, charter, and /or agency policy. Continuing Grants — Annual Financial Status Reports Annual report submitted for continuing grants containing summaries and breakdowns of expenditures for the past year. Excludes non - continuing grant reports covered by G550- C3C -02. Bond, Grant and Leery Project Reports Reports relating to bond, grant (non- continuing) and levy projects. Includes, but is not limited to: * Progress statements; * Expenditure of funds; RETENTION AND DISPOSITION ACTION Retain until obsolete or superseded then Transfer to Washington State Archives for appraisal and selective retention. Retain for 4 years after submission of report Of for period required by grant/ program, whichever is later then Destroy. Retain for 4 years after submission of final report Dr for period required by grant/ program, whichever is later DESIGNATION ARCHIVAL (Appraisal Required) NON- ESSENTIAL OPR NON - ARCHIVAL NON- ESSENTIAL OPR ARCHIVAL IApm -sisal Required] NON - ESSENTIAL O RR Of110r yo+r' ■ Qftac. 2005 ommarpOime 741.• k/j••, 50 -01-02 ir 10vrItzriq P,. ? yrs leach)! 01: 1 C. DSo3 • D503 1 I;11e I SECURED DOCUMENT !SHREDDING, INC. 877.6g2,3617 WHIP 1..13K ++r 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 FAII 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. Wasliington State Archives Office of the Secretary of State Local Government Common Records Retention Schedule (CORE) Version 2.2 (December 2031) 2.11 SECURITY The activity of protecting the local government agency's physical goods and resources against danger, loss or threat. DISPOSITION AUTHORITY NUMBER (DAN) DESCRIPTION OF RECORDS RETENTION AND DISPOSITION ACTION DESIGNATION G.550- 04B -21 Rey. 0 IDENTIFICATION BADGE RECORDS FOR CONTRACT AND TEMPORARY EMPLOYEES Photo ID badges and supporting paperwork to track badges issued to contract and temporary employees. 1 year NON- ARCHIVAL NON- ESSENTIAL OPR G.S50- 06B -14 Rey, 0 INTRUSION ALARM REPORTS 1 year NON- ARCHIVAL NON - ESSENTIAL G.S50- 06B -05 Rev. 0 KEY /CARD KEY INVENTORY Documentation of facility keys and/or card keys assigned to agency personnel. Destroy when obsolete or superseded NON- ARCHIVAL ESSENTIAL OFM GS5O- 06B -15 Rev. 0 SECIJRITY ANNUAL REPORT 1 year NON- ARCHIVAL NON - ESSENTIAL OFM GS50- 06B -21 Rey. 0 SECURITY ID BADGE APPLICATION AND ISSUANCE DOCUMENTATION Documents security badges issued to employees and contractors working in the agency. Termination or revocation plus 6 years NON- ARCHIVAL NON - ESSENTIAL o PR 7 o ` \ y J , __ r' Records Management: What is Tukwila doing? • Implemented a records orientation training program for City staff in 2011, as well as a supplemental training relating to the destruction of electronic records. ❖ Provides resource material for staff on TUKNET. ❖ Monitors updates or other changes to the State Records Retention Schedule and distributes information to staff. ❖ Coordinates with the City Attorney's Office on the status of Legal Holds. ❖ Evaluates 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. ❖ Adopts policies as needed, including those relating to retention of closed contracts and security camera monitoring footage. ❖ Facilitates and manages microfilming and /or digitization of "Essential Records" ❖ Coordinates transfer of records designated as "Archival" to the State Archives. ❖ Develops resource materials and supplies to respond to a potential disaster affecting City records. • UnsubscribelModify TO DEFEND AGAINST LAWSUITS , OUR RECORDS RETENTION POLICY HAS BEEN UPDATED TO INCLUDE THIS. UFS, irac. • Buy this strip • Read past strips LJH AT 'JAS I TALKING ABOUT? THE RECORDS RETENTION POLICY. PUBLIC RECORDS ACT RCW 42.56 • "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 42.56.030 • So, "public record" is broadly defined. ,WASHINGT4N S A LEGISLATURE 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." New employee training script Feb 2011. doc Pr... rx 1 General I S ecurit l New employee training script Feb 2011.dcc Type of file: Microsoft Office Word 37 - 2003 Document Opens with: F. Microsoft Office Word I Change... Location: H:' \Records Mgmt \Training Notes Size: 150 KO (154,112 bytes) Size on disk: 152 KB (1 55..848 bytes j Created: Yesterday, January 31, 2011.. 3:13:28 PM Modified: Yesterday: J anuar_y 31, 2011, 4:44:52 PM Accessed: Yesterday, January 31, 2011, 4:44:51 PM Attributes: ❑ Read -only ❑ Hidden I Advanced... Old I I Cancel ItAtjobs 1 tilNautos 1 rnrvhomes 1 thltsourioa 1 FP rtes 0 se Your a 5rideu M o ri r Inste; blear to the with oppo durin FanF Raw audio 1 Phon{ X Cairo Behind the Scene X photo shoot Cheezburger Sch X how to caption ` Local New 1 E -mail metadata considered public record 1 Seattle Times Newspaper - Windows Internet Explorer http: iseattletimes.nwsource, tom; htrnlilocalnewsf2013103911 _rnetadataoELht l File Edit View Favorites Tools Help t Favorites I gi Free Hotmail a 5iigge5rPd Sites Slice 'Sailer?, - 0 Local News 1 E -mail metadata considered public record. I Y LII :4tlY z O'Neill vs. City of Shoreline, Case No. 82397 -9 (Oct. 7, 2010) The Seattle Ti roes Company bc $caU1eZThrns Winner of a 2oia Pulitzer Prize Local News Imo' 44 °F 0 Our networks Horne Local Nation_NiWorld BusinessiTech Sports Entertainment Living Travel Opinion Shopping Jobs Autos Ho Quick links: Traffic I Movies I Restaurants I Today's events 1 Video I Photos i Interactives I Bings 11 Forums I Subscriber Services s - rlishen Thursday,Odcb *7, 2010st752PM Comments (0) M E -mail article a Print view 0 Share E -mail metadata considered public record Meta aata asseciateo ;girth electronic documents — such as the to and from 'hen in y mails — is a public record subjectte.. By Gene Johnson The Associated Press 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." Identifiable Public Records May 24, 2014 Attn: Human Resources I would like to know how the city handles employment discrimination I claims. Please advise at your earliest convenience. ri'Pot S To: city of Tukwila Date: June 1, 2014 I would like to receive a copy of the city's policy for handling employment discrimination claims. Thank you. Patie lows 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 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. ,0 PARKING ANY TIME Clarification CITY OF TUKWIL A W A S 31 1 'w, c.: 7- Ci N' CO of Oppt, rr may — t; 011 tnru rrity rrif Choice FOLLOW THIS LINK TO REVIEW THE FULL PUBLIC RECORDS REQUEST POLICY PUBLIC RECORDS FORMS & CONTACT INFORMATION Which Public Records Request Are You Looking For? • Municipal Court Only Requests • Police Only Requests • Fire Only Requests • Community Development Permit & Land Use Requests • General Requests Involving Multiple Departments Search the City webs ite ,tv,s1s:'TCustom Search 6200 Southcenter Blvd, Tukwila, WA 98,188 • 206 433 -1804 City of Tukwila Request for Public Records Name: Address: City. State.Zip: Date: Home #:. Fax #: Work it: Cell #: Fm:eil; Description of record(s) requested (request must be clear and concise to avoid delays): REQFESTOR TO READ AND SIGN The documents provided by this request will not he used for commercial purposes. or to provide access to material(s) to others for commercial purposes as prohibited by RCW 42.56.070(9), Further. I understand I will be charged $.15 per single- sided, standard -site document (8 -1)2 x 11 or 3 -li2 x 111. Double -sided copies are 3,30 each. The cost for oversized documents or those sent out for reproduction will be billed to the requester. Contact the Citc Clerk's Office at 206 -I33 -1800 with questions H¢riaag rend the abate - stated caatafitiorts,1kerebt ran sear to each of them. Signature of requester: Date: Please choose one of the following options to submit your request: - Email the completed form as a PDF to Tttkn :laCitCC]erkeitukwilawa.goy -Fax the completed foma, Attention Cat/ Clerk. to 206 433 -1933 - Deliver the completed form in person or by mail to: Tukwila City Clerk. 6240 Southcestter Blvd.. Tukwila. WA 93188 FOR STAFF ESE ONLY -- Copies of this request were provided to: Name Department Date Name Department Date Name Department Date Above staff to respond to City Clerk's Office by: Note to responsible stiff: RCW 4256 -520 requires (in part) a WRITIE_N RESPONSE within 5 working days of the request The 5-day rule begins one business day post receipt. Upon !marine from you, the Ci-y Clerk's Office will prepare the 3-day letter. notifying the requestor of an approrimste date records will be ready; or, if the reformation sought is exempted by statute. Contact the City Atro rev s Office with specific questions. Day 1 Day 2 Day 3 Day 4 Day Response to requrstur en or by General notes (and+'or) reason for delay or inability to produce records: COMPLETION OF REQUEST Date Number of Copies Amount paid$ Cash ❑Check ❑ Receipt = Agency Responses to Requests Within 5 business days, the City must: 1. Make the record available for inspection or copying. 2. Provide an internet address and Zink on the agency's website to the specific records requested. 3. Acknowledge that the request has been received and provide a reasonable estimate of when records will be available. 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 a 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 a 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 42.56.520, RCW 42.56.080, RCW 42.56.550 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. -r RCW 42.56.050, RCW 42.56.210 - .510, RCW 42.56.550 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 I -t•. y�.a•a i1 r• 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 PRIVACY POLICY Fees • Agencies cannot charge fees to allow requestors to inspect records. • Agencies cannot charge fees for searching, reviewing or redacting records. • Agencies cannot charge a requestor for staff salaries, benefits or general overhead or administrative costs, unless they are directly related to the actual cost of copying records (the charges must be reasonable, and documented). • Agencies can charge fees for the copies themselves (15 cents per page, or actual costs). Agencies can pass along to the requestor the cost of sending records to an outside vendor or service so the records can be copied. • 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 42.56.060, RCW 42.56.120, RCW 42.56.130 da..far41_ __ • s -Ww —_: —. mball .. aim am Net .� tea. Fees . 1111. 1014# ■ A_ an/ ON �t ."a."` aw w 1.M 11 a1. a• # � r .11P.• fat lab •ai — at afl lams a.6 a Walt ai 4.1. • dM• r — la NM. IMMOWa� - arm —.+, 1 a-ft di aaa n., .ssaa =E -MIMEO, norm— .r amp a..-.. / sfrril...�aa —i1 `1MOI aariolf 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 requester. • 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 A Federal Court rules in favor of former Mercer Island city employee Londi Llnclell s claims the city illegally withheld documents that should have been given to her more than two years ago_ By Kendall Watson (Patch Staff) a Updated June 29, 2011 at 12:29 am 11 0 p c Seattle Elutes Winner of Wine Pulitzer Prizes December 16, 2013 at 8:04 PM Local News Withheld documents about gun buyback will cost city $38,000 Foaled by L!nnThompson The city of Seattle will pay $38,000 to settle a lawsuit brought by the Second Tacoma, like many cities, struggles with Amendment Foundation over failure to release public records relating to 1 1 Y■ Mayor Mike hilcGinn's January gun buyback . public disclosure of text messages BY KATE MARTIN Staff writer September 21. 2014 Public records lawsuit clouds Mesa's future By Kristi Pihl, Herald staff writer March 14. 2011 King County pays Seattle Times more than $40,000 for public records violations • 14by Kristen flare Published May 14, 2014 913 am Updated May 14, 2014 2:1013111 NEWS City must pay $538,555 in public records suit over e-mail metadata Jeff Zalesin Freedom of Information News 1 July 2, 2013 A town in Washington state must pay more than half a million dollars to resolve a seven -year lawsuit that brought electronic metadata within the scope of the state public records law, a trial court ruled last week. Serious or silly, records requests cost money g -1 0 V' Tweet 2 $400,000 OK'd to settle records case County payout ends inquiry on nepotism Mike Prager The Spokesman- RemMv up Iz March 21, 2012 in City by MARY L. GRADY, Mercer Island Reporter Editor Nov 5, 2013 at 12:00PM updated Nov 8, 2013 at 3:17PM Just like any other public entity, the records of the Mercer Island School District are to be open to the public. Information about individual students and other personal data is protected, but • King County was fined $124,000 relating to a request for documents pertaining to the public financing of Qwest Field. The state Supreme Court then ruled that fine wasn't big enough and sent the case back to Superior Court with a recommendation to increase the penalty. • The town of Mesa in Eastern Washington (near Pasco) has had to consider bankruptcy or disincorporation due to $246,000 in attorney fees and legal penalties. That amount is one - quarter of the city's annual budget. • 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. 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. • December 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. Public Records Act: What is Tukwila doing? ❖ The City Clerk has been appointed as the Public Records Officer of the City. ❖ The City's Public Records Request Policy has been formalized and published on the City's website. ❖ 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. ❖ Commonly requested records have been made available on -line through the City's Digital Records Center. ❖ Technology is being incorporated to distribute, fulfill and document public records requests in more efficient and cost - effective ways. ❖ Tracking sheets are utilized to provide a history of each request and responses, and also serves to address the needs of State auditors. ❖ Adopted Ordinance No. 1923 to comply with requirements of RCW 42.56 relating to maintenance of an all- inclusive index of public records. • Training on records management requirements has been implemented for staff. ❖ City Clerk's Office staff is involved in on -going training through various professional organizations. OPEN PUBLIC MEETINGS ACT RCW 42.30 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(1), 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 File Edit View Insert Format Tools Message Help Send From: La To: OA Cc: Subject: Ti Paste Undo I Check editor @internet- guide,co,uk (editor @internet- guide,co,uk) _ B I U4_ Avoid an inadvertent on -line public meeting: Linked follow us on twittor 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 42.30.075, RCW 42.30.080 ASHINGTON STATE LEGISLATURE Legislature Horne I Senate I House of Representatives 1 Contact Us 1 Search I Help 1 Mobile RcVVs > Title 42 := Chapter 42.30 - Section 42.30.1050 42.30.040 « 42.30.0501 , 42.30.060 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.] 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 CLOUD 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 Meet with legal counsel regarding enforcement actions, litigation or potential litigation Other purposes listed in RCW 42.30.110 RCW 42.30.110 Penalties for Violating the Open Public Meetings Act • A court can impose a $100 civil penalty against each member (personal liability). • 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 42.30.130; RCW 42.30.060 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 are being incorporated into the City's Digital Records Center (making them available on- line). Resources Records retention and destruction Washington State Archives site — Records Management: http://www.sos.wa.gov/archives/RecordsManagement/ On -line training course for public officials (Washington State Archives): http: / /www.sos.wa.gov/ archives/ RecordsManagement /PublicOfficialsa ndPublicRecords /index.html Public Records Act Washington State Attorney General's video on the Public Records Act (scroll down) http://www.atg.wa.gov/OpengovernmentTraining.aspx#.UyDPQfldWqs MRSC publication: "Knowing the Territory: Basic Legal Guideline for Washington City, County and Special Purpose District Officials" http: / /www.mrsc.org /publications /kttl3.pdf - Open Public Meetings Act – page 21 - Public Records – page 27 MRSC publication: "Public Records Act for Washington Cities, Counties and Special Purpose Districts" http: / /www.mrsc.org /publications /pra13.pdf Washington Coalition for Open Government — Public Records Act information http://www.washingtoncog.org/searchprphp Open Public Meetings Act Washington State Attorney General's video on the Open Public Meetings Act (scroll down) http://www.atg.wa.gov/OpengovernmentTraining.aspx#.UyDPQfldWqs MRSC publication: "The Open Public Meetings Act: How it Applies to Washington Cities, Counties and Special Purpose Districts" http: / /www.mrsc.org /publications /opma12.pdf MRSC website —Open Public Meetings Act information http: / /www.mrsc.org /subjects /legal /opma.aspx Washington Coalition for Open Government —Open Public Meetings Act information http: // www. washingtoncog .org /publicmeetings.php 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 $100 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.