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Association ofAssociation ofWashingtonWashingtonPublic Hospital Public Hospital DistrictsDistricts

Association of Washington Public Hospital Districts

Web Conference

February 21, 2008

Reviewing and Revising Your District’s Public Records Policy


Ramsey Ramerman Sven Peterson(206)447-4674

[email protected](206)447-5955

[email protected]


Why you are here

Public Records Act Requires You to Have a policy

2005 Amendments Added New Requirement

Performance Audits Attorney General Model Rules Challenges for Electronic

Records


A public record is:

1) Any writing (broadly defined to include all electronic records)

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

3) Prepared, owned used, or retained

“Public Records” Are Broadly Defined


Procedures for Handling a Request5-day response:

Deny request

Fulfill request

Reasonable time estimate


Redactions and Exemption Log

Redact, not withhold. RCW 42.56.070(1) & RCW 42.56.210(1)

Exemption Log: Title, author & recipient, date, number of pages, exemption and basis for exemption. RCW 42.56.070(1) & RCW 42.56.210(3)


Act Requires That You Have A Policy

RCW 42.56.040 mandates that you publish your procedures

RCW 42.56.070 requires you to list all exemptions and specify the cost of copies

RCW 42.56.580 requires you to select and identify a public records officer


Performance Audits

State Auditor auditing agency’s public records responses

Agencies with detailed policies and procedures perform better


Attorney General Model Rule

Very detailed comments created to assist requesters


Time BombSeattle Post Intelligencer Tuesday, February 6, 2007

County may pay more in public records lawsuit -- Court orders award raised

The state Court of Appeals said Monday that the nearly $300,000 that the county was ordered to pay Yousoufian in his long-running battle over public records wasn't enough -- and ordered a lower court to increase the amount.


Goals of Policy

Fulfilling statutory requirements

Providing guidance to staff and requesters

Coordinating Public Records Act policy with other policies


Model Public Records Act Policy

I.A Purpose of the Policy Avoid creating additional

liability

I.C Organization of the District Information required by the

Act.



I.B Definitions

Health Care Information Quality Improvement

Information



II.A.1 Public Records Officer

II.A.2 How to make a request



II.B Procedures for making a request

Large requests Notice to third parties



II.C Exemptions

Employee’s personal information

Drafts



II.C Exemptions (continued)

Quality Improvement Information

Medical Records



II.D Copying records/Costs

II.E Inspection of records

II.F Index


A. Procedures for requests

D. Costs

Model Public Records Act Policy Health Care

Information Addendum


Model Public Records Act Policy Health Care

Information Addendum

B. Additional Exemptions

C. Redaction


Broad definition of “writing” makes almost everything a public record

A.G.’s Model Rule is the only guidance

Model Public Records Act Policy for Electronic

Records


1. Intent

2. Definitions Native format Electronically redact Reasonably locatable


Records


3. Requests for electronic records

Paper as default


Records



Records

4. Electronic records containing no exempt information



Records5. Electronic records containing exempt information

Records Databases



Records

6. Customized access

Creating new records Programming Metadata



Records

7. Costs

Customized access Copies in electronic format



Questions?


For Further Information

Ramsey Ramerman (Public records, general municipal)

206-447-4674 [email protected]

Sven Peterson(Public records, general health care)

[email protected]

Municipal Research Services CenterPublic Records Act manual

http://www.mrsc.org/Publications/pra06.pdf

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