Title 

### 42 RC\V: Public Officers and Agencies 

### 42.17.245

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. orownership interest; or (2) A report disclosing for the previous calendar year: (a) The name and addressofeach financial ins'titution in which the treasurer or. in the case of a 'county, a member ofthe 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 oftime 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
statementor reporerequired 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 thejustification 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. 197

### J: (a) Final opinions. including concurring and dissenting opiniqns. as well as orders. made in the adjudication ofcases; (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 staffthat affect a member ofthe 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.

PUBLICRECORDS



### 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 ofthe 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 ofagency 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 ofprocedure; (d) Substantive rules of general applicability adopted

asauthorized by law. and statements ofgenera·1 policy or interpretations of general**appli~ability** formulated and adopted by the,agency; and (e) Each amendment or revision to. or repeal ofany 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 ordisplayed. [197

### J c I 

### § 25 (Initiative 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 ofthe 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. orcited 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) ofthe 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).]
Exemptionfor 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 ofpublic records except when and to the extent th'at this would unreasonably disrupt the operations ofthe 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 ifthe 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 ofthe 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 ofinformation relating to emflIo)"ee 

### misconduct. Nothing in this chapter prevents an agency from destroying information relating toemployee misconduct or alleged misconduct. in accordance with**:'::';:;~** 

### leW 4].06.450, to the extent necessary to ensure fair­



# ,**':)[*~~.,** ICSsto the employee. []982 c 208 

### § 13.]

### '>'H1J~: Snffabilitl--1982c 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 

# G 42.)7.3)0 Certain personal and other records ex­ 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 ifthe 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 ofwhich 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 publicdisclosure 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 projector prospective sale is abandoned or until such time as all ofthe 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. 

# o
(Title 42 RCW-p 29)

# •• organizedcrime

.... ;ldvlsory boardfiles: RCW /0.29.0]O'!,\

....Ff!(\i;;f im'estigative information: RCW4].4J.856.**--'&.·n~-;** . salary ;lnd fringe benefit survey information: RCW**~,148.** lit**~-tf-?~{:Jf:** 4/.06

../60.**~}:t~** "';'­ sales reports ofcommercialfertilizers: 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 superiorcourts.

.



### (k) Records, maps, or other information identifying the location ofarchaeological sites in order to avoid the looting ordepredation ofsuch sites.

. (I)'Any library record, the primary purpose of which is to maintain control oflibrary materials. or to gain ac­

cess toinformation, 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 ofa library user.

. RCW to make available for public inspection and copy. (m) Financial information supplied by or on behalfof 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 asrequired 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 reasonstherefor. Agen­

.(I)(c)(i) ofthis 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 ofdecisions denying inspection, and such .020, the exemptions of this section are inapplicable to review shall be deemed completed at the end ofthe 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 ofthis 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 ofany 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 briefexplanation 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 to show cause why it has refused to allow inspection or Severability-.-1984c 143: See RCW 81.34.900. 

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

..

accounting records ofspecialinquiryjudge: 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 Eumptionsfrom 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 "ofthesupervisorofbankingandsupc:n'isorof 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 poljudicialqualific:ation

. .; commission. records of: RCW2.64.110. 

### icy of this chapter that free. and open examination of liability reserves ofIlJCal govc:rnmemjoim sdf·insuranc:c: pOcJI: 

### public records is in 'the public interest. even though such RCW48.62.110. 

### examination may cause inconvenience or embarrassment medical disciplinary boord. reports rc:quired to 

### be**fiI~d** with: RCW 18.72.265. 

### to public officials or others. Courts may examine any 

## rntae 41 RCW-p30)

. .'.:(**1~8.5** EeL) :



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