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College Policies
& Procedures
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Policy Type: |
General Administrative |
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Policy Title: |
Public Records |
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Policy Number: |
GA-16 |
Purpose:
WAC 132J-276-010 Purpose. The purpose of this chapter shall be to
ensure compliance by the Community College District No. 10 with the
provisions of chapter 1, Laws of 1973 (Initiative 276), Disclosure --
Campaign finances -- Lobbying -- Records; and in particular with sections
25-32 of that act, dealing with public records.
Scope:
Anyone requesting public records from Community College District No. 10.
Definitions:
WAC 132J-276-020 Definitions.
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Public records. "Public record"
includes any writing containing information relating to the conduct of
governmental 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.
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Writing. "Writing means handwriting,
typewriting, printing, photostating, photographing, and every other
means of recording any form of communication or representation,
including letters, words, pictures, sounds; or symbols, or combination
thereof, and all papers, maps, magnetic or paper tapes, photographic
films and prints, magnetic or punched cards, discs, drums and other
documents."
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Community College District No. 10.
The Community College District No. 10 is an agency organized by statute
pursuant to RCW 28B.50.040. The Community College District No. 10 shall
hereinafter be referred to as the "district." Where appropriate, the
term district also refers to the staff and board of trustees employees
of the district.
Policy or Procedure:
WAC 132J-276-030 Description of central and field organization of
Community College District No. 10. District No. 10 is a community college
district organized under RCW 28B.50.040. The administrative office of the
district and its staff are located at Green River Community College, 12401
S.E. 320th Street, Auburn, Washington 98002.
WAC 132J-276-040 Operations and procedures.
The district is established under RCW 28B.50.040 to implement the
educational purposes established by RCW 28B.50.020. The college district
is operated under the supervision and control of a board of trustees. The
board of trustees is made up of five members each appointed by the
governor to a term of five years. The trustees meet the third Thursday of
each month at 4:00 p.m. in the Holman library board room of Green River
Community College, unless public notice is given of a special meeting. At
such time the trustees exercise the powers and duties granted it under RCW
28B.50.140.
WAC 132J-276-050 Public records available. All
public records of the district, as defined in
WAC 132J-276-020 are deemed to be available for public inspection and
copying pursuant to these rules, except as otherwise provided by section
31, chapter 1, Laws of 1973 and
WAC 132J-276-100.
WAC 132J-276-060 Public records officer. The
district's public records shall be in the charge of the public records
officer designated by the college president. The person so designated
shall be located in the administrative office of the district. The public
records officer shall be responsible for the following: The implementation
of the district's rules and regulations regarding release of public
records, coordinating the staff of the district in this regard, and
generally insuring compliance by the staff with the public records
disclosure requirements of chapter 1, Laws of 1973.
WAC 132J-276-070 Office hours. Public records
shall be available for inspection and copying during the customary office
hours of the district. For the purposes of this chapter, the customary
office hours shall be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00
p.m., Monday through Friday, excluding legal holidays.
WAC 132J-276-080 Requests for public records.
In accordance with requirements of chapter 1, Laws of 1973 that agencies
prevent unreasonable invasions of privacy, protect public records from
damage or disorganization, and prevent excessive interference with
essential functions of the agency, public records may be inspected or
copied or copies of such records may be obtained, by members of the
public, upon compliance with the following procedures:
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A request shall be made in writing upon a
form prescribed by the district which shall be available at its
administrative office. The form shall be presented to the public records
officer; or to any member of the district's administrative staff, if the
public records officer is not available, at the administrative office of
the district during customary office hours. The request shall include
the following information:
(a) The name of the person requesting the record;
(b) The time of day and calendar date on which the request was made;
(c) The nature of the request;
(d) If the matter requested is referenced within the current index
maintained by the records officer, a reference to the requested record
as it is described in such current index;
(e) If the requested matter is not identifiable by reference to the
district's current index, an appropriate description of the record
requested.
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In all cases in which a member of the public
is making a request, it shall be the obligation of the public records
officer or staff member to whom the request is made, to assist the
member of the public in appropriately identifying the public record
requested.
WAC 132J-276-090 Copying. No fee shall be
charged for the inspection of public records. The district shall charge a
fee of 10˘ per page of copy for providing copies of public records and for
use of the district's copy equipment. This charge is the amount necessary
to reimburse the district for its actual costs incident to such copying.
If a particular request for copies requires an unusually large amount of
time, or the use of any equipment not readily available, the district will
provide copies at a rate sufficient to cover any additional cost. All fees
must be paid by money order, cashier's check or cash in advance.
WAC 132J-276-100 Exemptions.
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The district reserves the right to determine
that a public record requested in accordance with the procedures
outlined in
WAC 132J-276-080 is exempt under the provisions of section 31,
chapter 1, Laws of 1973.
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In addition, pursuant to section 26, chapter
1, Laws of 1973, the district reserves the right to delete identifying
details when it makes available or publishes any public record, in any
cases when there is reason to believe that disclosure of such details
would be an invasion of personal privacy protected by chapter 1, Laws of
1973. The public records officer will fully justify such deletion in
writing.
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All denials of requests for public records
must be accompanied by a written statement specifying the reason for the
denial, including a statement of the specific exemption authorizing the
withholding of the record and a brief explanation of how the exemption
applies to the records withheld.
WAC 132J-276-110 Review of denials of
public records requests.
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Any person who objects to the denial of a
request for a public record may petition for prompt review of such
decision by tendering a written request for review. The written request
shall specifically refer to the written statement by the public records
officer or other staff member which constituted or accompanied the
denial.
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Immediately after receiving a written
request for review of a decision denying a public record, the public
records officer or other administrative staff member denying the request
shall refer to the president of the college. The president or his
designee shall immediately consider the matter and either affirm or
reverse such denial or consult with the attorney general to review the
denial. In any case, the request shall be returned with a final
decision, within two business days following the original denial.
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Administrative remedies shall not be
considered exhausted until the district has returned the petition with a
decision or until the close of the second business day following denial
of inspection, whichever occurs first.
WAC 132J-276-120 Protection of public records.
Requests for public records shall be made in the administration building
(Holman library) of Green River Community College. Public records and a
facility for their inspection will be provided by the public records
officer. Such records shall not be removed from the place designated for
their inspection. Copies shall be made at Green River Community College.
If copying facilities are not available at the college, the college will
arrange to have copies made commercially according to the provisions of
WAC 132J-276-090.
WAC 132J-276-130 Records index.
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Index. The district has available to all
persons a current index which provides identifying information as to the
following records issued, adopted, or promulgated since June 30, 1972.
"(a) Final opinions, including concurring and dissenting opinions, as
well as orders, made in the adjudication of cases;
"(b) Those statements of policy and interpretations of policy, statute
and the constitution which have been adopted by the agency;
"(c) Administrative staff manuals and instructions to staff that affect
a member of the public;
"(d) Planning policies and goals, and interim and final planning
decisions;
"(e) Factual staff reports and studies, factual consultant's reports and
studies, scientific reports and studies, and any other factual
information derived from tests, studies, reports or surveys, whether
conducted by public employees or others; and
"(f) Correspondence, and materials referred to therein, by and with the
agency relating to any regulatory, supervisory, or enforcement
responsibilities of the agency, whereby the agency determines, or opines
upon, or is asked to determine or opine upon, the rights of the state,
the public, a subdivision of state government, or of any private party."
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Availability. The current index
promulgated by the district shall be available to all persons under the
same rules and on the same conditions as are applied to public records
available for inspection.
WAC 132J-276-140 Adoption of form. The
district hereby adopts for use by all persons requesting inspection and/or
copying or copies of its records, the form attached herein as Appendix A [WAC
132J-276-900], entitled "request for public record."
Specific Authority:
Order 73-2, § 132J-276-010, filed 5/14/73; Order 73-2, § 132J-276-020,
filed 5/14/73; Order 73-2, § 132J-276-030, filed 5/14/73; Order 73-2, §
132J-276-040, filed 5/14/73; Order 73-2, § 132J-276-050, filed 5/14/73;
Order 73-2, § 132J-276-060, filed 5/14/73; Order 73-2, § 132J-276-070,
filed 5/14/73; Order 73-2, § 132J-276-080, filed 5/14/73; Order 73-2, §
132J-276-090, filed 5/14/73; Order 73-2, § 132J-276-100, filed 5/14/73;
Order 73-2, § 132J-276-110, filed 5/14/73; Order 73-2, § 132J-276-120,
filed 5/14/73; Order 73-2, § 132J-276-130, filed 5/14/73
Law Implemented:
History of Policy or Procedure
Draft:
Adopted: August 8, 1977
Revised: April 5, 2005
Reviewed by:
Contact: John Ramsey, Director, Public Information, ext. 3360.
President's Staff Sponsor: John Ramsey, Director, Public Information, ext. 3360.
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