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Home My WebLink About043024 Special Session EAR Advisory Board Meeting Packet- Added After MeetingAdvi Ilf3iresei't d by M e �11(a iri ilia: IIII4 eiiri v� aii° i� Illf iii serld, 0 Public Record Overvie illl �� :�� illl „1 �� IIII°�� IIII •••IIII IIII � IIII '� IIII � rri �� w� IIII' wi IIII"° °IIII°°llllIIII°'I RCW 4 ,56M0 _ PUbliic Records Act: The people of this state do not yield their sovereignty to the a enc not give their, public servants the right �to decide what is"good for tI The people insist: on rernaiinin unformed so that they may ma# tali chapter shalll be liiberally construed and its exernptions narrowly co public interest wiill be fully protected, "flhee III)III!'t is "a sW:uii-oiripllly oiii°ded ui mauii.mdate for broad di elos re ,c coinceur°uisiuiied the conduct of government on every that serve'the'rm, rhne people, in delle rating aut:h )eopp'e to know and what; ii s not., T foir them )ntrol over the instruments that they have crew *ued to promote this public policy and to assure records" to eiresure "fupp access to t / M, RUNs Title 42 C haau er 47 6 Section i7 5r,_{'lm.i7 ter&wTT t (FrI0 42,56 020 .................................. R'CW 42.56.0110 Definitions. The definitions iin this section apply throughout this chapter!runless the context clearty req,uiires otherwise. Prirrh Version I (1) Agency"' includes all state agencies and all Vocal agencies. "State agency" includes every state office,, department, division, bureau, board, commission, or other state agency. "Local agency includes every county, ciity, town, municipal corporation, quash -municipal corporation, or slpec:iall purpose district, or any office, department, division, Ibureau, board, commission, or agency thereof, or other local public agency. �2) Person in interest" means the Iperson who its the subject of a record or any representative desiignated by that person, except that iif that person is under a legall disability, "person in iinterest"' meanis and iincludes thie parent or duly appointed Ilegall representative. (3) "Public record" includes any writing containing information relating to tW of government or the performance of any governmental or proprietary func prepared, owned, used, or retained by any state or local agency regardles physical form or characteristics. For the office of the secretary of the senate and the office of the chief clerk o representatives, public records means legislative records as defined in RCW I�.;;' !L 1..0.0, and also means the following: All budget and f personnel leave, travel, and payroll records; records of legislative sessions; reports submitted to the legislature; and any other record d record by any official action of the senate or the house of representatives. �4) "Writing" means handwriting, typewriting, printing, photostatiing, photographing, and every other- meanis of recording any form of communication or representation iiumc:lrudung, but not hmitedl to, letters, words, pictures, sounds, or symbols, or combination thereof; andl all papers, miaps, magnetic or paper tapes, photographic films and prints, motion picture Nil and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data c:ompulatiions from which information may Ibe obtained or translated. I i 1 lac I � ry ; 0 6 Records don't just look like this an 11111111111111111) 0 ml ev,11111��ces �Illllulu��ll��.Nissen v. Pierce . �Illlllu��lll��.Text and emails on personal devices cell - .- that relate to City business are Illlllllul��ll��.Highly - HIGHLY - encourage Board members to not text or email from personal accounts or phones regarding City business. �Illlllu��llll��.If it does occur, forward the record to the City so that the City can retain Only use for �Illllllluull messages "transitory" �llllllluulll��.May be asked to signdescribing Searches • An agency must conduct an adequate search for responsive ✓ Consider all formats (paper, electronic, etc.) ✓ Consider records of current staff/officials, former staff/ contractors/consultants if potentially responsive. Consider possible locations (e.g., file cabinets, agency we audio files, etc.) The search should be reasonably calculated to uncover respons An inadequate search is "comparable" to uum Illluum u uuuoup s W��)e�nuu uuu a iey gouu uuuuu um Illlmuo mum u uuuuuuuuuuu.�� uuuuu im i�. Cantu Yakima Dist. Ms. Cantu's request specifically asked for emails of incident r where her daughter was the victim of threats. The technology director did not use the word "threat" in for responsive records. Court of Appeals found this to be inadequate, and specifically s it should be an aggravating factor in assessing penalties. School District settled the case for $365,000.00 • Records are presumed open • If a record, or part of agency must cite to an explanation. a record, is withheld from the p Itexemption" in law and give a b • Exemptions are narrowly construed. The general rule is that the agency withholds only the ex information, and releases the rest. Exemptions must be authorized in law - in the Public Rec :)r other laws. RCW 42.56.050, RCW 42.56.210 - .510, RCW 42.56.550 • There is no general "privacy" exemption in the PRA. • If privacy is an express element . is invaded only if the disclosure 1. of another exemptio "Highly offensive to the reasonable person" 2. "Not of legitimate concern to the public." RC 42.56.050 Senerally, the right to privacy under the PRA applies only to the intimate details )ersonal and private life. Martin v. Riverside School Dist. No. 416, 180 Wn. App. 3d 911, published at 179 Wn. App. 1018 (2014) (case in which court found teacf iot have a right to privacy when teacher admitted to consensual sex with a form student.) i !fo kV,�mawrc ��,�' ""%"P"W r�W ,v 'v; ' "fir«h r" o�yjoler,,4 �iI ✓"r mA 4 ur,.,ran "g,""Y V1 rdro",0 a «+, JV,m+,rwwr wo; ,'ar W, Syr+r,n of, Personal information maintained in files for employees, appointees, or officials of any public agency to the extent that disclosure would viola privacy Attorney -client privileged information • Applications for public employment including names, information resumes, and othe Credit and debit card numbers, electronic check numbers, and card expi Test questions, scoring keys, and other examination data used to administ employment examination Records relevant to a controversy to which the entity is a party but which be available to another party under pre-trial court discovery rules ("work p Open active intelligence and investigative records compiled by law enforc agencies umi uuuuuuuuuuuum uuuuuumiiillllllllmuuuuuuuuuuuuu uuuuuuuuuuuum uuum�r uuuuu Any person who prevails against an agency in any action in th courts seeking the right to inspectppublic record the right to receive a response to a public record request withir� reasonable amount of time shall be awarded all costs, includin reasonable attorneV fees, incurred in connection with such leg'; action. addition, shall be within r discretion of the court t award person / amount exceed ►ari e hundred dollar for each dav that he or she was denied the riaht to inspect or cor) i'.. public record. 1.. uuIm11 u AI m #&£}A+° u 2d«r t %# occurs when k quorum \/}/ k : ¥\ I I uuuuuuumuuuuu m uu i i� i U�� I lec: ��C. "Meuumum^ u��n g constituteIf a majority of the members of the governing body takes "act behalf of the agency through email r other electronic means, meeting r under lthe ' • would "The basic requirements qur r are r presence r r,r. a majority r oe d and .,i. collective intent to transact official business." Zink v. Ci ,r 1 be participating . exchange I rsame time, because .' meeting happens when a majority of the body are eventually i,n� +; exchange. gr Quorum seeking... A: "if a quorum of a legislativ( such as the City Council, collect commits or promises to each of vote —as a group —in favor of or opposition to a piece of pendini legislation at a future public mE then such a commitment may b evidence that a majority of the attended a "meeting" with the collective intent to take an "ac- violation of the OPMA." Egan v. City of Seattle, (2020). IIIVmp uuuuuu��n d e ��ea see* Passive receipt • , information permissible, b ,discussionof majorityissues by any means by a of e governing body can constitute « meeting. Unless for informationat purposes only, don't send an email to all or a majority • body,and don't use "reply all" when the recipients are all or a majority of the members of the governing body. Consider using the "BCC:" email line to prevent other members from replying to all recipients. If a majority of the members of the governing body takes "action" through a series of phone calls or voice mail exchanges, that would constitute a meeting. Please eire advise staff events r staff a property prepare for potentialquorum. Ill�uu . New Division 3 case: Zink v. City of Mes Il�uiiu . Zink brought action against city, mayor, cit members, county, and sheriff, alleging viol Right to the Open Public Meetings Act (OPMA) in con with her request to video record city council Record meeting, among other claims. Meetings "The video recording was not inherently disru Ms. Zink was prohibited from making a record simply because at least some members of tie council did not wish to be on video." "We interpret the OPMA as prohibiting goverhi bodies from restricting audio or video recordi condition precedent to attending a public met uuum IIIIII uu� uuuuuu �� III � ml uumuulll IIIIII IlVupp I $500 persona[ fine f• ! Up to $1000 fine for any subsequent violation Attorneys fees and plaintiff Actions (resolutions, motions, etc.) at an illegal meeting are void - RCW 42.30.060(l). 0 Social Med0 i Soc-'al Meduu 1. Leave it to the professionals • Consistency of message • Complete information 2. Personal versus professional account • Consider opening with • Clear messaging 3. Public Records new em • Consider how to preserve and search