Policy 1104: Access to Public Records
YAKIMA COUNTY FIRE DISTRICT 12
10000 ZIER ROAD
YAKIMA, WA 98908
POLICY # 1104
COMMISSION CHAIR SIGNATURE s/b Marshia Goss, Chair
EFFECTIVE DATE:
REVISED DATE: 4/8/08
REVISED DATE: 8/11/09
POLICY TITLE: ACCESS TO PUBLIC RECORDS
REFERENCES: RCW 42.56 PUBLIC RECORDS ACT
1.0 PURPOSE
To provide direction and rules for providing public access to District public records.
2.0 DEFINITIONS
"Agency" includes all state agencies and all local agencies. "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.
"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.
"Writing" means handwriting, typewriting, printing, photo stating, 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 recording, magnetic or punched cards, discs, drums, diskettes, sound recording, and other documents including existing data compilation from which information may be obtained or translated.
3.0 PUBLIC RECORDS
Public records of the Fire District include any "writing" containing information relating to the conduct or performance of any District function prepared, owned, used or retained by the District except record and information exempt from public inspection and copying under RCW 42.56
4.0 PUBLIC RECORDS AVAILABILITY
All public records of the District as defined above are available for public inspection and copying pursuant to established procedures, except as otherwise provided by RCW 42.56.
5.0 LOCATION OF RECORDS
The District's records shall be maintained at the District Administrative Office unless otherwise determined by the Board of Commissioners in the custody of the Fire Chief who will be responsible for the implementation of these rules.
6.0 HOURS FOR INSPECTION AND COPYING
Public records shall be available for inspection and copying during the normal office hours of the District which are from 8:00 am to noon and 2:00 pm to 5:00 pm. Monday through Friday, excluding legal holidays or other unforeseen exceptions.
7.0 REQUESTS FOR PUBLIC RECORDS
In accordance with provisions of RCW 42.56 public records may be inspected and copied, or copies obtained by members of the public as follows:
7.1 Requests shall be made in writing to the District Records Custodian and shall include the following information:
a. The name and address of the person requesting the record.
b. The time of day and calendar date on which the request is made.
c. The nature of the request.
d. If the matter requested is referenced in a current index maintained by the District, a reference to the requested record as it is described in such index.
e. If the requested matter is not identifiable by reference to an index, an appropriate description of the record requested.
7.2 In all cases in which a member of the public is making a request it shall be the in appropriately identifying the public record requested.
7.3 The District has five business days to respond to the request for public record by:
a. Providing the record.
b. Acknowledging the receipt of a request and providing an estimated time to provide the record for inspection or copying.
c. Denying request with a written statement of specific reason for denial.
8.0 FEES FOR PUBLIC RECORDS
No fee shall be charged for the inspection of public records. The District shall charge a fee of $.25 per page for black / white copies, $.50 per page for colored copies, and $3.50 for the burning of a CD disk for providing public records with the exception of other Governmental agencies. This charge is the amount necessary to reimburse the District for the actual cost of such copying. In the event the District is requested to mail requested copies, additional charge in the amount of the actual or estimated postage may be made.
9.0 EXEMPTION FROM PUBLIC INSPECTION
Public records may be exempted from public inspection in accordance with RCW 42.56.
9.1 The District reserves the right to determine that a record requested is exempt in whole or in part from public inspection under RCW 42.56.
9.2 In accordance with RCW 42.56 the District reserves the right to delete identifying details when it makes available any public record in any case where there is reason to believe that disclosure of such detail should be an invasion of personal privacy protected by RCW 42.56. The deletions shall be fully justified in writing.
9.3 All denials of request for public records shall be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption of authorizing the withholding or the record and a brief explanation of how the exemption applies to the record.
9.4 Investigative records which are being compiled by the District during the investigation of any suspicious fire, until such time as the investigation has been completed are exempt from public inspection.
10.0 REVIEW OF DENIALS
Request for review of denials may be made by the public.
10.1 Any person who objects to the denial of a request to inspect or copy a public record may petition for a prompt review of such decision by submitting a written request for review to the Fire Chief.
10.2 Any person may request the Attorney General to review the matter. The Attorney General will provide a written opinion as to the requests exemption.
11.0 RECORD INDEX
The District shall have available for the public a current index which provides identifying information to the records maintained by the District.
REQUEST FOR PUBLIC RECORD
(Please print)
Name of Requestor: ________________________________________________________________
Full Mailing Address: _______________________________________________________________
Telephone Number: _________________________ Email: _________________________________
Date of Request: ____________________________ Time of Request: ________________________
Identification of Records Requested (be specific, must include incident date & location):
Purpose of Request: ________________________________________________________________
______ Inspection of Records
______ Request a Copy of the Records
$ .25 per page for black / white copies x _______ Pages __________ $ .50 per page for colored copies x _______ Pages __________
$3.50 for the burning of a CD disk x _______ Disks __________ Postage __________ Total $_______________
Paid by: Cash Check
_________________________________________________ __________________________ Signature of Requestor Date
FOR OFFICE USE ONLY:
Request Granted Request Denied Request Withheld in Part
If withheld, name the exemption contained in RCW 42.17.310 and HIPAA Laws which authorizes the withholding of the record or part of the record: ___________________________________________________
Release Approval _______________________________________ Date____________