42.17.245 Title 42 RC\V: Public Officers and Agencies

city or town whose population exceeds one thousand 

shall file with the commission: 

(1) A statement under oath that no public funds un- . 

der that treasurer's control were invested in any. institution where the treasurer or, in the case of a county, a 

member of the county finan'ce committee, held during 

the reportin'g period an office', directorship, partnership 

interest. or ownership interest; or 

(2) A report disclosing for the previous calendar year: 

(a) The name and address of each financial ins'titution in 

which the treasurer or. in the case of a 'county, a member of the county finance committee, held during the reporting period an office. directorship, partnership 

interest, or ownersh,ip interest which holds or has held 

during the reportin'g period public accounts of the governmental entity for which the treasurer is responsible; 

(b) the aggregate sum of time and demand deposit's held 

in each such financial institution on December' 31; and 

(c) the highest balance held at any time during such reporting period: .Provided, That. the state treasurer shall 

disClose the highest balance information 'only upon request under RCW 42.17.250 through 42.17.330. The 

statement or repore required by this section shall pe filed 

either with the statement required under RCW 42.17­

.240 or separately. [1983 c 213 § ); 1981 c.l02 § 1; 

1975-'76 2nd ex.s. c 112 § 10.]­

." 

". 

.;.;;&-. 

42.17~260 Docu.ments and indexe~ to be ~ad~ ~~;~f~J}:'~ (1) Each agen~y. In accorda~ce. wIth .publtshed ~. "::~:('~.. '$.l 

shall m~ke available for public InSpe~tlOn and ·copY".:.\.:j·;:.>~.!:~~

all public records. To the extent requIred to prevent • ·:;;~i::;:.::.·;~

unreasonable. inv~si?n of p~rsonal p~ivacy. an agcaey~:':' ., 

shall delete IdentIfyIng detaIls when It makes avail~'"

or publishes any public record; however. in each 

the justification for the deletion shall be explained rullJ 

in writing. 

(2) Each agency shall maintain and make available 

for public inspection and copying a current index providing identifying information as to the following records 

issued. adopted. or promulgated after Jan~ary I. 197J: 

(a) Final opinions. including concurring and dissenting opiniqns. 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; I 

(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 

•• 

Sunset Act application: See note following RCW -t2.17,350. 

PUBLIC RECORDS 

42.17.250 Duty to publish procedures. ( I) Each state 

agency shall separately state and currently publish in the 

Washington Administrative Code and each local agency 

shall prominently display and make available for inspection and copying at the central office of such local 

agency, for guidance of the public: 

(a) Descriptions of its central and field organization 

"J and the established places at which. the employees from 

whom. and the methods whereby. the public may obtain 

information. make submittals or requests. or obtain copies of agency decisions; 

(b) Statements of the general course and method by 

which its operations are channeled and determined. ineluding the nature and requirements of all formal and 

. J4 informal procedures available; 

(c) Rules of procedure; 

(d) Substantive rules of general applicability adopted 

as authorized by law. and statements of genera·1 policy or 

interpretations of general appli~ability formulated and 

adopted by the,agency; and 

(e) Each amendment or revision to. or repeal of any of 

the foregoing. 

(2) Except to the extent that he has actual and timely 

notice of the terms thereof, a person may not in any 

manner be required to resort to. or be adversely affected 

by. a matter required to be published or displayed a,nd 

r:t0t so published or displayed. [197 J c I § 25 (I nitiative 

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 deJermines. 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. 

(3) An agency need not maintain such an index. if to 

do so would be unduly burdensome, but it shall in that 

event: 

(a) Issue and publish a formal order specifying the' 

reasons why and the extent to which compliance would 

unduly burden or interfere with agency operations; and 

(b) Make available for public inspection and copying 

all indexes maintained for agency use. 

(4) A public record may be relied on. used. or cited as 

precedent by an agency against a party other than an 

agency and it may be invoked by' the agency for any 

other purpose only if-­

(a) It has been index.ed in an index available to the 

public; or . 

(b) Parties affected have timely notice (actual or constructive) of the tams thereof. 

(5) This chapter shall not be construed as giving authority to any agency to give. sdl or provide a~cess to 

lists of individuals re4uested for commercial purposes. 

and agencies shall not do so unless specifically authorized or directed by law: Provided. however. That lists of 

applicants for professional licenses and of professional 

licensees shall be made available to those professional 

associations 'or educational organizations recognized by 

_, '.' Measure No., 276.approYe4.~ove"J.be~+..? .1??2).1 .. , .', ". ,'.. their p~o~e.ssi.on~J I..icensing,.or .ex~minationboard.upon . 
/ 

payment of a reasonable charge therefor: Provided fur­ equipment to copy public records. which charges shall 

ther. That such recognition may be refused only for a not exceed the amount necessary to reimburse the 

good cause pursuant to a hearing under the provisions of agency for its actual costs incident to such copying. 

chapter 34.04 RCW. [1975 1st ex.s. c 294 § 14~ 1973 c !1973 c I § 30 (Initiative Measure No. 276. approved 

I § 26 (Initiative Measure No. 276. approved November 

7.1972).] 

Exemption for registered trade names: RCW /9.80.065. 

42.17.270 Facilities for cOPling--Avaiiability of 

public records. Public records shall be available for inspection and copying. and agencies shall. upon request 

for identifiable public records. make them ,promptly 

available to any person. Agency facilities shall be made 

available to any person for the copying of public records 

except when and to the extent th'at this would unreasonably disrupt the operations of the agency. Agencies shall 

honor requests received by mail for identifiable public 

records unless exempted by provisions of this chapter. 

[1975 1st ex.s. c 294 § 15; ]973 c 1 § 27 (Initiative 

Measure No. 276, approved November 7. ]972).] 

42.17.280 Times fOf inspection and copying. Public 

records shall be available for inspection and copying 

during the <.:ustomary office hours of the agency: Provided. That if the agency does not have customary office 

hours of at least thirty hours per week. the public records shall be available. from nine o'clock a.m. to noon 

and from one o'clock p.m. to four o'clock p.m. Monday 

through Friday, exCluding legal holidays. unless the person making the reque~t arid the agency or its representative agree on· a different time. [] 973 c 1 § 28 

(Initiative Measure No. 276, approved November 7, 

. ]972}.] , , ' 

! 

42.17.290 Protection of public records--Public 

access. Agencies shall adopt and enforce reasonable 

niles and regulations, consonant with the intent of this 

chapter to provide full public access to public records, to 

protect public records from damage or disorganization, 

and to prevent excessive interference with other essential 

functions of the agency. Such rules and regulations shall 

provide for the fullest assistance to inquirers arid the 

most timely possible action on requests for information. 

Nothing in this section shall relieve agencies from honoring requests received by mail for copies of identifiable 

public records. (1975 1st ex.s.. c 294 § 16; ]973 c I § 29 

(Initiative Measure No. 276, approved November 7, 

1972).) 

42.17.295 Destruction of information relating to emflIo)"ee misconduct. Nothing in this chapter prevents an 

agency from destroying information relating to employee 

misconduct or alleged misconduct. in accordance with 

:'::';:;~ leW 4] .06.450, to the extent necessary to ensure fair­

,':)[*~~., ICSs to the employee. [] 982 c 208 § 13.] 

'>'H1J~: Snffabilitl--1982 c 208: See RCW 42.40.900. 

/$~g~~. 42.17.300 Charges for copying., No fee shall be 

·~~F'"'~~··..•rgcd for the inspection of public records. Agencies 

•·•....··i:",'.') .impose a reasonable charge for providing copies of 

;,;t,'f' ""j.JlblIC records and for the use by any person of agency 

::;~. ·~E.dl

November 7. 1972).J 

42.) 7.3) 0 Certain personal and other records ex­
 G

empt. (I) The following are exempt from public inspec­


tion and copying:
 

(a) Personal information in any files maintained for'
 

students in public schools. patients or clients of public
 

institutions or public health agencies, welfare' recipients.
 

prisoners. probationers. or parolees.
 

(b) Personal information in files maintained for em­


ployees, appointees, or elected officials of any public
 

agency to the extent that disclosure would violate their
 

right to privacy.
 

(c) Information required of any taxpayer in connec­


tion with the assessment or collection of any tax if the
 

disclosure of the information to other persons would (i)
 

be prohibited to such persons by RCW 82.32.330 or (ii)
 

violate the taxpayer's right to privacy or result in unfair
 

competitive disadvantage to the taxpayer.
 

(d) Specific inteHigence information and specific in­


vestigative records compiled by investigative. law en­


forcement, and penology agencies. and state agencies
 

vested with the responsibility to discipline members of
 

any profession, the nondisclosure of which is essential to
 

effective law enforcement or for the protection of any­


person's right to privacy.
 

(e) Information revealing the identity of persons who 

file complaints with investigative. law enforcement, or 

penology agencies~ other than the public disclosure commission, if disclosure· would endanger any person's life, () physical safety, or property: Provided. That if at the 

time the complaint is filed- the complainant indicates a 

desire for disclosure or nondisclosure, such desire shal'l 

govern: Provided, further, That all 'complaints filed with 

the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath. 

(f) Test questions. scoring keys, and other examina­


tion data used to administer a license. employment, or
 

academic examination.
 

(g). Except as provided by chapter 8.26 RCW, the
 

contents of real estate appraisals, made for or by any
 

agency relative to the acquisition or sale of property,
 

until the project or prospective sale is abandoned or until
 

such time as all of the property has been acquired or the
 

property to which the sale appraisal relates is sold, but
 

in no event shall disclosure be denied for more than
 

three years after the appraisal.
 

'; (h) Valuable formulae. designs, drawings, and re­

'search data obtained by any agency within five years of
 

the request fQr disclosure when disclosure would produce
 

private gain and public loss.
 

. (i) Preliminary drafts. notes. recommendations, and 

intra-agency memorandums in which opinions are expressed or policies formulated or recommended except 

that a specific record shall not be exempt when publicly 

cited by an agency in connection with any agency action. 

(Title 42 RCW-p 29) o
•• 

organized crime .... 

;ldvlsory board files: RCW /0.29.0]O'!,\....Ff!(\i;;f 

im'estigative information: RCW 4].4J.856. --'&.·n~-; . 

salary ;lnd fringe benefit survey information: RCW ~,148. lit ~-tf-?~{:Jf:

4/.06.. /60. ~}:t~ "';'­

sales reports of commercial fertilizers: RCW 15.54.360.. . i;::f:;;.~-:{2r

. :-~:::'~~~if:'-

42.17.315 Certain records obtained by colleg"-......,);~~':,> ' 

versities. libraries. or archives exempt. Notwithstand"~''''~~~~~\;?

the provisions of RCW 42.17.260 through 42.17.J,w.. .':" ..? 

.'42.17.310	 Title 42 RCW: Public Officers and Agencies 

• 

(j) Records which are' relevant to' a controversy to
 

which an agency is a party but which records would not
 

be available to another party under the rules of pretrial
 

discovery for causes pending in the superior courts. .
 

(k) Records, maps, or other information identifying
 

the location of archaeological sites in order to avoid the
 

looting or depredation of such sites. .
 

(I) 'Any library record, the primary purpose of which
 

is to maintain control of library materials. or to gain ac­


cess to	 information, which discloses or could be used to . now or hereafter amended, no state college. univenit,. ..':f.;.'< 

library, or archive shall be required by chapter ·11.11 disclose the identity of a library user. . RCW to make available for public inspection and copy. (m) Financial information supplied by or on behalf of 

ing any records or documents obtained by said college. a person, firm; or corporation for the 'purpose of quali­ university, library, or archive through or concerning any· fying to submit a bid or proposal for (a) a ferry system gift. grant. conveyance. bequest. or devise, the terms 01 construction or repair contract as required by RCW 47­

which restrict or regulate public access to such records .60.680 through 47.60.750 or (b) highway construction 

or.documents: Provided, That this section shall not apply or improvement as required by RCW 47.28.070. . to any public records as defined in RCW 40.14.010. (n) Railroad company contracts filed with the utilities 

[1975 1st ex.s. c 294 § 22.] and transportation commission under RCW 81.34.070, 

except that the summaries of the. contra~ts are ?pen to 42.17.320 Prompt responses required. Responses to public inspection and copying as otherWIse prOVIded by requests for public records shall be made pro~ptly by this chapter.	 . agencies. Denials of requests must be accompanIed by a (2) Except for information described in subsection written statement of the specific reasons therefor. Agen­ . (I )(c)(i) of this section and confidential income data ex­ cies shall establish mechanisms for the most prompt empted from public inspection pursuant to RCW 84.40­ possible review of decisions denying inspection, and such .020, the exemptions of this section are inapplicable to review shall be deemed completed at the end of the sec­ the extent that information, the disclosure of which' ond business day follo~ing the denial of inspection and would violate personal privacy or vital governmental in­ shall constitute finala'gency action for the purposes of 

terests, can be deleted from the specific records sought. . judicial review. [1975 1st ex.s. c 294 § 18; 1973 c'l § 32 No exemption may be construed to permit the nondis­ (Initiative Measure No. 276, approved Novert:lber 7• closure of statistical information not descriptive of any 1972).) readily identifiable person or persons. 

(3) Inspection orcopying of any specific records ex­ 42.17.330 Court protection of public records. The 

empt under the provisions of this section may be. permit­ examination of any specific public'. record may be en­ ted if the superior court in the county in which the joined if. upon motion and affi9avit, th~ superi.or co~rt record is maintained finds, after a hearing with notice for the county in which the .movant reSIdes or In. wh~ch thereof to every person i'n interest and the agen.cy, that the record is maintained, finds that suc.h exammatlOn 

the exemption of such records is clearly unnecessary to would clearly not be in the public interest and ":,ould 

protect any individual's right of privacy or any vital substantially and irreparably damage any person, or ·1 

governmental function.	 '. -' would substantially and irreparably damage vital gov­ (4) Agency responses refusing. in whole or in part. 1n­ ernmental functions. [1975 1st ex.s. c 294 § 19; 1973 c I 

spectioJ'l of any public record shall include a statement of § JJ (Initiative Measure No. 276, approved November 

the specific exemption authorizing the withholding of 7. 1972).} the record (or part)' and a brief explanation of how the 

exemption applies to the record withheld. [1985 c 414 .§ 42.17.340 Judicial review of a.gency· actions. (I) 

8; 1984 c 143 §. 21; 1983 c 133 § 10; 1982 c 64 § I; Upon the motion of any person having been denied an 1977 ex.s. c 314 § 13; 1975-'76 2nd ex.s. c 82 § 5; 1975 opportunity to inspect or copy a public reco.rd ~y an 1st ex.s. c 294 § 17; 1973 c 1 § 31 (Initiative Measure agency, the. superior court. in the county in which a No. 276, approved November 7, 1972).1 rcco'rd is maintained may require the responsible agency 

Severability-. to show cause why it has refused to allow inspection or -1984 c 143: See RCW 81.34.900. 

copying of a specific public. record or class of recor?s.. 

accounting records of special inquiry judge: RCW 10.29.090. The burden of proof shall be on the agency to establish 

certJin criminal records: Chapter 10.97 RCW. that refusal to permit public inspection and copying is 

certificJte submi((~d by physically or mcnt:Jll.v di.~;jblc:d pason 

Eumptions from public inspc:ction 

required.	 . :>ec:king a driver's license: RCW 46.20.041. . . (2) Judicial review of all agency actions taken or 

• 

examination reports "of the supervisor of banking and supc:n'isor of 

savings :Jnd loan :l:>sl.x:iations: RCW JO. 04. l)75. n.04.220. challenged under RCW ,42.17.250 through 42.17.320 

JJ.04.110. shall be de novo. Courts shall take into account the poljudicial qualific:ation..; commission. records of: RCW 2.64.110. icy of this chapter that free. and open examination of 

liability reserves of IlJCal govc:rnmemjoim sdf·insuranc:c: pOcJI: public records is in 'the public interest. even though such RCW 48.62.110. 

medical examination may cause inconvenience or embarrassment disciplinary boo rd. reports rc:quired to be fiI~d with: 

RCW 18.72.265.	 to public officials or others. Courts may examine any 

rntae 41 RCW-p 30) . .'.:( 1~8.5 EeL) : 

. ~. .. ·~b·.' ~. '. '.r.~":~::.:' .....~~~~. ..;~.<~~,= .';:("'r:.>~. . ~.'~'. .' ,.... 0;' '..1.-'" ...; ... " . . ... .

t'2~::' ': ..... ~~;·:~~.~~~t~ ~"._j;~:~~?L:::c~·:':./~ .. ·~;·.: ' 

l