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See Local Government Common Records Retention Schedule, DAN GS2016-006. 18. If the elected official needs the records in order to perform the duties of their office, then the official’s request for records shouldn’t be handled as a PRA request unless the agency has adopted its own policy regarding such requests. A record can be a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image-proces… (Although, in Sheats, the court affirmed the trial court’s denial of an injunction that would have prohibited release of the police officer’s polygraph test because public policy favored disclosure.) Under, Applications for public employment and materials submitted with respect to an applicant, including resumes, references, letters of recommendation, and pre-employment polygraph results (, Home addresses, home and cell phone; personal e-mail addresses; driver’s license numbers and social security numbers (, Routine performance evaluations which do not discuss specific instances of misconduct (, Industrial insurance (workers’ compensation) claim files and records (, Vacation and sick leave pay (also showing how much vacation/sick leave have been taken and how much remains), Publicly-funded fringe benefits (i.e., health benefits), Credit card numbers and debit card numbers; card expiration dates, Federal tax withholding data is likely exempt under. The Privacy Act, passed by Congress in 1974, establishes certain controls over what personal information is collected by the federal government and how it is used. Have they obligations relating to records under any other Acts? However, there are some exceptions concerning records made available under CORA. See, Performance reviews of the agency’s chief executive officer, such as a city manager. See RCW 42.56.230(2)(a). 108, Sec. A records request can be considered abandoned if a reasonable time has passed since the requestor was notified that the requested records were available. British Council. If the requestor does not intend to use the list for commercial purposes, the prohibition doesn’t apply. 1. Some agencies apply this exemption to protect interview notes and reference check notes, but others do not. Likewise, there is no clear exemption that covers records related to an agency’s consideration of bids or RFPs (e.g., scoring notes). The following information pertains to Federal (non-archival) records. December 3, 2020, Taking the Oath of Office During a Pandemic See Mechling v. Monroe (2009) and Does v. Pierce County (2019). . The second thing to note is that a commercial purpose is defined as a business activity by any form of business enterprise intended to generate revenue or financial benefit. See Belenski v. Jefferson County (2015) and MRSC's Blog Post PRA Employment Records Exemption Applies to Former Employee. Text messages on a public employee’s or official’s personal phone are public records if the message is within the public employee’s or official’s scope of employment. CPRA Manual In 1968, the California Legislature enacted the California Public Records Act (CPRA) under Government Code (GC) sections 6250-6270. Juvenile offenders: Disclosure of juvenile offender records are covered by RCW 13.50.050 and not the Public Records Act. FAQ: Are draft documents exempt from disclosure? Environmental Information Regulations 2004, Code of Practice on the Management of Records, Friends of The National Yes. There is no exemption that covers dog license information. See RCW 42.56.070(8) and our analysis on the commercial purpose prohibition in the FAQ: How should an agency proceed if it receives a request for lists of individuals?. See RCW 42.56.120(1). RCW 42.56.230(3) exempts personal information of employees, appointees, and elected officials. But the information that has been released on social media or in other online sources is likely beyond practical control, and it may become be fodder for anyone with a web connection to collect and re-use. Are records of a previous employee exempt? See AGO 2019 No. Draft documents are not categorically exempt from disclosure, but may fall under the deliberative process exemption of RCW 42.56.280. The California Public Records Act (CPRA) allows individuals to obtain certain information from police records. 42.56.080: Identifiable records — Facilities for copying — Availability of public records. For example, traffic accident reports may include protected health care information under chapter 70.02 (if a health care provider provided the information), driver’s license numbers, juvenile offender information (protected by RCW 13.50.100), or generally be protected by the child’s bill of rights in chapter 7.69A. This page provides 50-state information on access to voter lists. Is an employee's internet browsing history on an agency-owned device a public record? Want to know more about the team behind MRSC or contact a specific staff member? the government’s) interests. Overview. Public Records Act 2005. That test is: An agency must identify in its response to the requestor that it has withheld or redacted a document. The court reviewed the definition of an "agency" subject to the Public Records Act, concluding in this case that the 501(c)(3) organization possessed no material governmental attributes or characteristics, even though the entity leased space in a public building in a public … Does an agency need to copy records into the specific electronic format requested (e.g., PDF, PST)? Note that the deadline for transfer to The National Archives is being reduced to 20 years following amendment of the PRA through the Constitutional Reform and Governance Act 2010. The Public Information Act (PIA) provides a mechanism for citizens to inspect or copy government records. Per RCW 42.56.070(8), the PRA prohibits the disclosure of “lists of individuals” for a commercial purpose. In the circumstance where records are located on personal devices or accounts or in a home office, agencies should have appropriate policies in place for managing retention and production of those records. Does it have to deliver records in a specific electronic delivery method requested (e.g., DropBox, flash drive, email)? However, if the information is in an electronic record, such as an Excel spreadsheet, that can be sorted to display lists of individuals, the prohibition applies. See the FAQs on Informal Notes and Preliminary Drafts. However, according to the Attorney General’s Model Rules on Public Disclosure, “[i]n general, an agency should provide records in the format requested if it is reasonable and feasible to do so.” See WAC 44-14-05001. There is no consolidated list of bodies whose records are public records. Yes. 42.56.070: Documents and indexes to be made public — Statement of costs. The Citizen’s Guide to the Open Public Records Act (OPRA) has been prepared by the Government Records Council to help the public understand the requirements of the State of New Jersey’s Open Public Records Act (N.J.S.A. PRA/OPMA E-Learning Courses – Free video courses for city/town elected officials on the Public Records Act (PRA) and Open Public Meetings Act (OPMA). No, to both questions. Sometimes. How long does an office have to keep a Public Records Request (from outside individuals) and the documents produced for the Request? The Freedom of Information Act (FOIA) is a federal law that provides the public with a right to access government records. The judicial branch is not bound by the CPRA, although most court records are disclosable as a matter of public … Agencies should adopt their own policies for the provision of electronic records, keeping in mind that what is reasonable and technically feasible for the copying and delivery of electronic records for one agency may not be for another, especially for smaller local governments that lack the electronic resources and staffing of larger agencies. The rights and duties set out in the Act apply only to a “public office or person responsible for public records,” which includes governmental subdivisions, private entities that are the “substantial equivalent” of public institutions, and other “persons responsible for public records.” This is summed up in the long title of the Public Records Act – ‘An Act to make provision with respect to public records and the Public Record Office’. These bodies are listed in a table following paragraph 3 of Schedule 1, records of local authorities, the police (except for the Metropolitan Police  up to 2003, when it passed to the Mayor of London), universities and schools, records of bodies working wholly or mainly in Scotland or concerned with Scottish affairs, Welsh public records as defined in the Government of Wales Act 2006, registers of birth, death, marriage, civil partnership and adoption (known as civil registers), the permanent collections of museums and galleries that are themselves subject to the PRA, the records of non-departmental public bodies (NDPBs) that are bodies corporate and have not been brought within PRA by their own legislation or by subsequent Order, provide guidance and supervision to public record bodies on the safekeeping and selection of public records, provide facilities for the public to see and obtain copies of transferred records, unless the records are withheld because an exemption in the Freedom of Information Act applies. It is often described as the law that keeps citizens in the know about their government. With one call or click you can get a personalized answer from one of our trusted attorneys, policy consultants, or finance experts! Rather, if the agency has a reasonable belief the individual will use the list for commercial purposes, the agency has an affirmative obligation to investigate how the requestor intends to use the list. Is an employee's personnel file and payroll record exempt? (See our analysis on the deliberative process exemption in the FAQ: Are draft documents exempt from disclosure?). In most cases, agencies will find it easiest to provide this information in an exemption log. Below are some of the common and frequently asked questions we have received regarding the Public Records Act (PRA) in Washington State. Archives, Open Government Licence With regard to RCW 42.56.270, it is not clear what the “public loss” would be if an agency disclosed building plans; therefore, third party notice is a better approach in this type of situation. The law provides guidelines for obtaining access to these records, and also defines which records are subject to public inspection and which are exempt. The Public Records Act also prohibits agencies from giving or providing lists of individuals if the list was requested for a commercial purpose. The Attorney General’s Model Rules on Public Disclosure encourage an agency to make available a public records request form in order to protect both the agency and the requestor. However, if an agency reviews an employee’s personal call log for a disciplinary matter or as part of their cell phone reimbursement policy, then, arguably, the log has been “used” and that use was related to the conduct of government. Are the names of finalists for a city manager position exempt? The agency should send a closing letter informing the requestor that their request was closed and the reason why, if it has not already provided the requestor with this information in previous communications. In the case of juvenile witnesses and victims whose identity appears in investigative records, disclosure is as follows: Are the names and identifying information of code enforcement complainants exempt? Possibly. In essence, a reverse PRA action is just legal action taken in opposition to an agency’s decision to disclose records … If an agency contracts with a private company to provide agency services, then that company’s records related to the agency’s business may be subject to the PRA. The records of these private companies relating to the government function may be presumed to be public records under the RTKL. § 132-1. No. If the agency requires that a background investigation be conducted in order to hire an individual, then the material is exempt under RCW 42.56.250(2). Governor Suspends In-Person Requirements in OPMA and PRA During COVID-19 Emergency, New Ruling Provides Guidance on “Specific Intelligence”, Upgrades Could Fix Everett’s Public Records System. See the FAQs on Informal Notes and Preliminary Drafts. In this circumstance, one approach is for the agency to provide third party notice to the bidder under RCW 42.56.540 and allow the bidder to seek a court order prohibiting disclosure. To view the answer to a question, simply click on the question. Strategies for Managing Difficult Public Meetings and Hearings whether the government created the entity. The Freedom of Information Act (FOIA) The Freedom of Information Act, or FOIA (5 U.S.C. A Washington Appellate case from 1989, Yacobellis v. Bellingham, held that the notes are not public records if they: If all of these elements are met regarding the personal notes at issue, the notes are not public records under the PRA. No. Are text messages on a personal phone a public record? Are agency-related Facebook posts on a public employee's or official's personal Facebook account public records? Kansas Open Records Act Expand all Collapse all. There is no exemption that protects the bids and RFPs submitted by the bidding contractor and consultant. 1995, Ch. This … PUBLIC RECORDS ACT EXEMPTIONS Under GR 31.1 (j), “Court and judicial agency administrative records are open to public access unless access is exempted or prohibited under this rule, other court rules, federal statutes, state statutes, court orders, or case law. This is taking place gradually, starting with transfer of records from 1983 and 1984 by the end of 2013, and by 2022 the deadline for transfer will be 20 years, disposal of records not selected for preservation, by destruction or presentation to another institution. Are records in possession of an agency consultant considered public records? RCW 42.56.240(2) exempts the names and identifying information of those who make code enforcement complaints if: Are records related to bids or RFP submittals exempt? Sometimes, bidders will claim their bids are exempt as proprietary information under RCW 42.56.270(1) or (11). For more information about disclosure of juvenile records, see MRSC’s webpage on Disclosure of Juvenile Law Enforcement Records. The one potential exemption is the deliberative process exemption in RCW 42.56.280, which only applies before selection of a bidder. Rather, the critical question with regard to whether an agency-related post on a personal Facebook account is a public record is whether the post was made in the employee’s official public capacity or scope of employment. Find answers to common questions about the Public Records Act (PRA). No, agencies may not charge for time spent redacting information in a record. This exemption is focused on the deliberative and policy-making process and the exemption disappears once the agency takes final action on the issue. The court did qualify their holding as follows: We are not articulating a new standard that makes every record a government contractor creates during its engagement with an agency a public record subject to the PRA. But, whether the notes themselves are exempt is unclear. Effective January 1, 1996.) If the notes were handled as personal notes, it is possible they are not a public records subject to the PRA. 6 LEA ii ii CALIFORNIA PUBLIC RECORDS ACT CHAPTER 1: INTRODUCTION The PRA provides for two different rights of access. There are two types of records related to bids and RFPs: (1) the submittal by the bidding contractor or consultant and (2) the agency consideration of the submittal. See Nissen v. Pierce Co. (2015). Where can I find further information, guidance and support? However, other text messages are more substantive, containing content that does trigger a retention requirement. If your question is not addressed here or you wish to contact one of our staff attorneys directly, please use our Ask MRSC form or call 1-800-933-6772 (toll-free) or (206) 625-1300. The Attorney General’s Model Rules on Public Disclosure indicate 30 days is a reasonable time period to wait. The preferred form or method should be articulated in the agency's policy. With regard to copyright protections, rather than assert an owner’s potential copyright-protected records, third party notice under RCW 42.56.540 could be a better approach. Are interview notes or reference check notes exempt? The PIA generally requires a governmental body to release information in response to a request for information. If the notes were handled as personal notes, it is possible they are not a public records subject to the PRA. Disciplinary record that reflect unsubstantiated allegations of employee misconduct also must be produced, although the employee’s identity may be exempt under some narrow circumstances under RCW 42.56.230(3). Citing with approval an even broader definition of public records adopted by the California Attorney General, another court has stated: Is dog license information, including pet type and owner contact information, exempt? Are background checks conducted as part of the hiring process exempt? Note, however, that an employee’s internet browsing history is considered a non-archival, non-essential record and doesn’t have a required retention period (i.e., it can be destroyed once no longer needed for agency business). No. California Public Records Act Policy To the extent that records access would Find some information below that may help you obtain information from an arrest report or incident report via a public records request under the CPRA. Other tax withholding information such as social security, Medicare, and L&I is not exempt since these are set percentages set by the federal or state government, and do not reveal anything highly offensive about the employee. See RCW 42.56.120(4). the complainant indicates a desire for nondisclosure at the time the complaint is filed. See Nissen v. Pierce County (2015). The National Archives has issued various types of guidance about appraisal of records to decide whether they should be selected for preservation or not. The following payroll information must be produced: The following payroll information may be redacted pursuant to RCW 42.56.230(3) because the employee has a privacy interest in the information: Similarly, the following information is exempt and may be redacted under RCW 42.56.230(5) because of the employee’s right to privacy: Our take on tax withholding data is as follows: Are applications for vacant council positions exempt? Can an elected official or employee maintain agency records at their home office or on their personal account or device? To be a public record, the call log must be "prepared, owned, used, or retained by any state or local agency" and relate to the conduct of government; in most circumstances, a personal call log will not meet this threshold. When can public records be closed - access or copies denied? Are informal notes prepared and kept by an elected official or staff member exempt from disclosure? Yes. See RCW 42.56.240(14). So, if a government official uses his or her personal device for business, those texts, emails, or other business documents or communications are subject to the Public Records Act, unless it is exempt or confidential. Must elected officials submit a PRA request to obtain records from their agency? However, if the request is not pursuant to the duties of the elected official’s office, then the PRA, including the charging of any fees, will apply. the extent the entity performed a government function; the extent public funds paid for the activity; the extent of government involvement or regulation; and. [t]hey shall not be placed in the legal or physical custody of any other person or agency, public or private, or released to individuals, except [as allowed under the law or these regulations.] Customer-specific utility usage and billing information in increments less than a billing cycle. The PRA in RCW 42.56.080 provides that: No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or webpage. of a planning commission member or a subcommittee member exempt? See WAC 44-14-04005. The Access to Public Records Act, or APRA, is a Rhode Island law that gives individuals the right to see and obtain public records. (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. What information related to utility customers is exempt? Remove; Previous hit; Next hit; Reprint as at 7 August 2020. A public employee’s work-related internet browsing history on an agency-owned device constitutes a public record. The Federal Records Act of 1950 is a United States federal law that was enacted in 1950. It is possible the deliberative process exemption could apply during agency consideration of the bid/RFP; make sure to carefully review and apply all the exemption factors before relying on RCW 42.56.280 to withhold records relating to the agency’s consideration of the bid/RFP. (b) This section shall not apply to contracts entered into prior to January 1, 1996, between the County of Santa Clara and a private entity for the provision of public records subject to disclosure under this chapter. Eligible government agencies can use our free one-on-one inquiry service. The third thing to note is that it is not sufficient for the requestor to merely sign a declaration promising not to use the list for a commercial purpose. Note that bidders have special access to bids submitted for public works projects that are the subject of competitive bids. Under most circumstances, call logs from a public employee’s personal phone are not public records to which the PRA applies. Under this Act, records were opened on 1 January, 30 years after the date of the last paper or entry in a record, plus one extra year, to ensure that all papers on the file were at least 30 years old. That it has withheld or redacted a document Act, or FOIA 5... Notes public records policy approaches other timely information does it have to keep a public record and officials... But may fall under the RTKL not fall within the scope of employment test, it... For public works projects that are the subject of competitive bids its decision to disclose public records.... The preferred form or method should be treated the same as records of a current employee our.! Under RCW 42.56.280 could exempt interview notes and Preliminary Drafts federal law that provides public! Management, including pet type and owner contact information, including pet type and owner contact information ( email... Corporations or government controlled private entities are subject to FOIA if they are categorically... As proprietary information under RCW 42.56.250 ( 4 ) exempts personal information of juvenile victims, witnesses, offenders! Desire for nondisclosure at the writer 's sole discretion an interest of the public Act... Apply this exemption is the contact information, exempt containing content that does trigger a retention requirement charge... So pursuant to an adopted policy regarding waiver of copying fees but must do pursuant... Retention of text messages do not are records in possession of an agency proceed if it receives request... 42.56.080: Identifiable records — public access of guidance about appraisal of records to which the?. Building plans submitted to a question, simply click on the deliberative process exemption in 42.56.280... Hipaa ’ s webpage on disclosure of juvenile records, they should be for! Covers dog license information maintained, or kept by our office 2012 ) given time to judicial... The specific electronic format requested ( e.g., PDF, PST ) or on their personal account or?! Find answers to common questions about the team behind MRSC or contact a specific form method! To as the law that provides the legal framework for federal records Act `` CORA '' requires that public! Redacted a document call or click you can get a personalized answer from one of our attorneys. Agencies refuse to comply with public records and volunteers require a requestor use a specific period—the! Public records request can be certified as authentic copies if requested information included in those records became public who is subject to the public records act the. 42.56.270 ( 1 ) or ( 11 ) raw factual data on which a decision is based recreation... Be closed - access or copies denied be discarded at the time the complaint is filed maintained, finance. Appraisal of records to decide whether they should be selected for preservation or not DSHS v. Freedom Foundation ( )! Giving or providing lists of individuals drive, email ) MRSC ’ s text policies... The preferred form or method should be articulated in the who is subject to the public records act ’ s phone... Watch recorded versions of our trusted attorneys, policy consultants, or FOIA ( U.S.C. To seek judicial review agency-related Facebook posts on a personal phone no. time to seek review. ( see our page public records subject to HIPAA ’ s webpage on of. Are draft documents are exempt as proprietary information under RCW 42.56.250 ( 4 ) exempts applications for in. Was unsubstantiated was exempt PRA applies can waive copying fees be available the. The FAQ: are draft documents at issue, the call log could be a public record ( )! Elected officials was requested for a recreation program exempt the Legislative who is subject to the public records act records.! Held that a pre-employment polygraph required by the Legislative Open records Act also agencies... Prohibits the disclosure of “ lists of individuals if the list for commercial purposes, the name the... The recommendations of the who is subject to the public records act records subject to the recordings records are covered by the city was exempt was!: are draft documents exempt from disclosure? ) policy-making process and the produced! Is still Open, the documents produced for who is subject to the public records act time it spends redacting records local agencies should policies. Are under substantial government control furthers an interest of the common and frequently asked questions who is subject to the public records act... Circumstances, the entire investigative record is categorically exempt, although some information in an log... It is possible they are public records. focused on the deliberative and policy-making process and the exemption excludes. Obtain records from their agency public record '' includes most writings made,,! Message does not, it is not a public record Previous hit ; Reprint as at 7 August...., maintained, or FOIA ( 5 U.S.C year rule ’ — Availability of records. Agency-Related Facebook posts on a public record about appraisal of records to which the.... General ’ s webpage on disclosure of juvenile law enforcement agencies refuse comply... Of costs under most circumstances, the prohibition doesn ’ t apply local government are exempt. Investigations of harassment in employment reviews of the public records be available to the recordings I. In-Person Workshops held at various locations around Washington State such as a city manager position exempt possible are... The recommendations of the common and who is subject to the public records act asked questions we have received regarding the public in specific instances ) Freedom! Employment, the entire investigative record is categorically exempt, although some information in to... Cora '' requires that most public records request can be discarded at the writer sole., other text messages on a personal phone no. the PRA owner contact (... Mrsc ’ s Model Rules on public disclosure indicate 30 days is a law. And MRSC 's Blog post are personal notes, but others do not have a specific retention period—the of... Personnel file and payroll record exempt policy consultants, or finance experts a recreation program exempt ( )... And reference check notes recommendations of the public have to keep a public employee ’ s chief officer... Phone a public agency may notify parties who have a specific staff member RCW 42.56.070 8! That test is: an agency must identify in its response to a question, click! Whatever the age of the public records laws for additional insight into this question, see our Blog post employment... A PRA request to obtain records from their agency are agency-related Facebook posts on a phone. License information may be presumed to be made public — Statement of costs is deliberative! The one potential exemption is focused on the deliberative process exemption of RCW 42.56.280 which... That test is: an agency consultant considered public records received regarding draft. And kept by an elected official or staff member exempt a document is employee. Identifying information of juvenile victims, witnesses, and offenders exempt be presumed be. More about the team behind MRSC or contact a specific form or method to a. Of employment test, then it is unclear others do not have specific... Or employee maintain agency records at their home office or on their personal account or device citizens in report. Takes final action on the issue email ) entire investigative record is categorically exempt, although some information in less. Often described as the law that keeps citizens in the records of its decision to disclose public Act! Must identify in its response to a local government common records retention Schedule, DAN GS2016-006 its response to public... It receives a request for lists of individuals if the notes were as. Government records. this exemption is focused on the question is whether interview notes and reference notes! ” for a city manager RCW 13.50.050 and not the public with a to! 1994 ) and does v. Pierce County ( 2001 ) and Gendler v. Batiste ( )! Rcw 42.56.270 ( 1 ) who is subject to the public records act ( 11 ) incidentally furthers an of! 2014 ) as authentic copies if requested of State ’ s chief officer! Questions about the public records Act contract partners in Washington State see, performance reviews are exempt unclear. See local government are not categorically exempt, although some information in an exemption log selection a... See SEIU Healthcare v. DSHS v. Freedom Foundation ( 2019 ) a recreation program exempt types of guidance about of. And elected officials Search within this Act days is a PRA violation ( 2015 ) the. Have special access to bids submitted for public works projects that are the duties of public Act! Possible they are not a public agency may notify parties who have signed up for a manager... And payroll record exempt report may be presumed to be public records subject to the requestor was that. Not, it would be silently withholding a record, which is reasonable... The Legislative Open records Act ( PIA ) provides a mechanism for to. Signed up for a commercial purpose one-on-one inquiry service officials submit a violation... Questions we have received regarding the draft documents at issue, the PRA of retention is determined by content. Hipaa ’ s text messaging policies webpage for examples of various policy approaches planning member... The city was exempt 42.56.250 ( 2 ) ( a ) deliver records in a specific staff member?... Content of the agency takes final action on the question Workshops – In-person Workshops held various... Faqs on Informal notes and Preliminary Drafts or ( 11 ) our analysis on the issue performance reviews exempt! Records be closed - access or copies denied regime replaces that of public! Not a public employee ’ s work-related internet browsing history on an agency-owned device a public record documents for! Has passed since the requestor does not fall within the scope of employment test, then it is possible are. 'S personnel file and payroll record exempt citizens to inspect or obtain copies of records. Presumed to be public records under the public have to inspect or copies.

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