### TItle 42 RCW: 

### Public: (; .eers and M--cies



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;**~2.17.143**



### by subsection (3) (a) of this section. For the purposes of this section contributions shall include reimbursements from or payments by persons, other than the state of Washington'Orany agency. for travel expenses. A report shall be filed during the month ofJanuaryof any year following a year in which such contributions were received for or expenditures made from a public office fund. The report shall include: (a)The name and address of each contributor; (b) A description of each contribution, including the date on which it was received and its amount or, if its dollar value is unascertainable, an estimate of its fair market value; and (c) A description of each expenditure made from a public office fund, including the name and address of the recipient,' the amount, and the date of each such expenditure. (2) No report under subsection (I) of this section shall be required if: (a) The receipt of the contribution has been reported pursuant to RCW 42.17.065 (continuing political committee reports) Or RCW 42.17.090 (political committee reports); or (b) The contribution is in the form of meals, refreshments, orentertainmentgiven in connection with official
appearances or occasions where, public business was discussed. (3) Any funds which remain in a public office fund after all permissible public office related expenses have been paid may only be disposed of in one or more of the following ways: (a) Returned to acontributorin an amount not to exceed that contributor's original contribution; or (b) Donated to acharitableorganization registered in , accordance withchapter 19.09RCW; or (c) Transferred to the state treasurer for deposit in the general fund. [1977 ex.s. c 336 § 

### 5.]

Se,erlbility-1977 ex.s. e 336: See note following RCW 42.11.040.



### REPORTING BYPUBLIC TREASURERS

42.17.245 

### Public accounts of governmental entities held by financial institutions--Reports---Contents--Filing. On or after July Ist but before August Ist of each calendar year, the state treasurer, each county, public utility district, and portdistrict treasurer', and eachtreasurerof an incorporatedcity or town whose population exceeds onethousand shall file with the commission a report disclosing for the previous twelve months ending June 30: (I) The name and address of each financial institution which holds or has heldduring the reporting period public accounts of governmental entities for which the treasurer is responsible; (2) the aggregate sum of time and demand deposits held in each financial institution onJune 30; and (3) the highest balance held at any time during such reporting period: Pro

### vided. That the state treasurer shall disclose the highest balance information only upon request under RCW**42~** 

### .17.250 through 42.17.330. [1981 c 102 § 1; 1975-'7.6 2nd ex.s, c 112 § 10.]

mtle41RCW-tt161 

### PUBLIC RECORDS

42.17.250 

### Duty to publish procedures. (1) Each state agency shall separatelystateand currentlypublish in the Washington Administrative Code and each local agency shall prominentlydisplay and make available for inspection and copying at the central office of such local agency, forguidance of the public: (a) Descriptions of its central and field organization and the established places at which, the employees from whom. and the methods whereby, the public may obtain information, make submittals or requests, orobtaincopies of agency decisions; (b) Statements of the general course and method by which its operations are channeled and determined, including the nature and requirements of all formal and informal procedures available; (c) Rules of procedure; (d) Substantive rules of general applicability adopted

asauthorizedby law, and statementsof general policy or interpretations of general applicability formulated and adopted by the agency; and (e) Each amendmentor revision to, or repeal of any of the foregoing. (2) Except to the extent thathe has actual and timely notice of the terms thereof, a person may not in any

mannerbe required to resort to. or be adversely affected by, a matter required to be published or displayed and not so published or displayed. [1973 c 1 § 

### 25 (Initiative Measure No. 276 § 

### 25).)

42.17.260 

### Documents an4 indexes to be made public. (I) Each agency. in accordance with published rules, shall make available for public inspection and copying" all public records. To the extent required to prevent an unreasonable invasion of personal privacy, an agency shall delete identifying details when it makes available or publishes any public record; however, in each case, thejustification for the deletion shall be explained fully in writing. (2) Each agency shall maintain and make available for public inspection and copying a current index providingidentifyinginformation as to the following records issued, adopted. or promulgated afterJanuary I, 1973: (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 staffthataffect a member of the public; (d) Planning policies and goals, and interim and final planning decisions; (e) Factual staffreports 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 orothers; and

(1981 Ed.)

# .-. Disclosure 41.17.310



### (0 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 oropine upon, the rights ofthe state, the public. a subdivision ofstate government. or ofany**·p~ivate** 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 interferewith 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 citedas 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 indexed in an index available to the public; or

.

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

(5) This chapter shall not be construed as giving authority to any agency to give. sell or provide access to lists of individuals requested 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 their professional licensing or examination board, upon payment of a reasonable charge therefor: 

### Provided further, That such recognition may be refused only for a good cause pursuantto a hearing underthe provisionsof chapter 34.04 RCW. (1975 lst ex.s. c 294 

### § 14; 1973 c I § 26(Initiative Measure No. 276 

### § 26).]

42.17.270 Facilities for copying--Mailability 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 that this would unreasonablydisrupt the operations ofthe agency. Agencies shall honorrequests received by mail for identifiable public records unless exempted by provisions of this chapter. (1975 1st ex.s, c 294 

### § 15; 1973 c I § 27 (Initiative Measure No. 276 § 27).)

42,17.280 Times for inspection and copying. Public records shall be available for inspection and copying during the customary office hours of the agency: 

### Provided. That if the agency does not have customary office bours 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

(1911 Ed.) through Friday, excluding legal holidays. unless the person making the request and the agency or its representative agree on a different time. [1973 c I 

### § 28 (Initiative Measure No. 276 

### § 28).]

42.17.290 Protection of public records-Public

access. Agencies shall adopt and enforce reasonable rules and regulations. consonant with the intent of this chapterto provide full public access to public records. to protect public records from damage or disorganization. and to prevent excessive interference with otheressential functions ofthe agency. Such rules and regulations shall provide for the fullest assistance to inquirers and 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; 1973 c I 

### § 29. (Initiative Measure No. 276 

### § 29).]

42.17.300 Charges for copying. No fee shall be charged for the inspection of public records. Agencies
may impose a reasonable charge for providing copies of public records and for the use by any person ofagency equipment to copy public records. which charges shall

not exceed the amount necessary to reimburse the
agency for its actual costs incident to such copying. [1973 c I 

### § 30 (Initiative Measure No. 276 

### § 30).]

42.17.310 Certain personal and other records exempt. (I) The following shall be exempt from public inspection 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 employees. 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 connection with the assessment or collection of any tax if the disclosure ofthe information to other persons**w~:.;:j** vio- r: late the taxpayer's right to privacy or would result in unfaircompetitivedisadvantage to such taxpayer. (d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement. and penology agencies. and state agencies vested with the responsibility to disci pline members of
any profession. the nondisclosure of which isessential 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 shall 'govern: 

### Provided. further. That all complaints filed with

mile41 RCW-p 17)

### Title41 RCW: 

### Public Officersand 

### Ar":""'-:ies

Reporu required 10 befiled with medical disciplinary board. esemp):

RCW18.72.265.



### 41.17.315 

### Certain records obtained by colleges. unirersities, libraries or archlves exempt. Notwithstanding the provisions of RCW 42.17.260 through 42.17.340. as now or hereafter amended, no state college. university, library, or archive shall be required by chapter 42.17

rntle41 RCW-p

### 181 41.17.310 

### Prompt responses required. Responses to requests for public records shall be made promptly by agencies. Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies shall establish mechanisms for the most prompt possible review of decisions denying inspection. and such review shall be

### deemedcompletedat 

### the end of the second business day following the denial of inspection and shall constitute final agency action for the purposes of judicial review. [1975 1stex.s. 

### c 294 § 

### 18; 1973 c 1 § 

### 32 (Initiative Measure No. 276 § 

### 32).]

(1981 Ed.)

### RCW to make available for public inspection and copying any records or documents obtained by said college, university, library, or archive through or concerning any gift, grant. conveyance. bequest. or devise. the terms of which restrict or regulate public access to such records or documents: 

### Provided, Thatthis section shall not apply to any public records as defined in RCW 40.14.010. [1975 1stex.s, c

### 294§ 

### 22.]

41.17.340 

### Judicial re,iew of agency actions. (I) 

### Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records. The burden of proof shall 

### beon the agency to establish that refusal to permit public inspection and copying is required.: (2) Judicial review of all agency actions taken or challenged under RCW 42.17.250 through 42.17.320 shall be de novo. Courts shall take into account the policy of this chapter that free and open examination of public records is in the public interest. even though such examination may cause inconvenience orembarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought under this section. (3) Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record shall 

### be awarded all costs. including reasonable attorney fees, incurred in connection withsuch legal action. In addition. it shall be within the discretion of the court to award such person an amount not to exceed twenty-five dollars for each day that he was denied the right to inspect or copy said public record. [1975 lst 

### ex.s, c 294 § 

### 20; 1973 c 1 § 

### 34 (Initiative MeasureNo. 276 § 

### 34).]

41.17.330 

### Court protection of public records. The examination of any specific public record may be enjoined if, upon motion and affidavit. the superior court for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions. [1975 lst ex.s. 

### c 294 § 

### 19; 1973 c 1 § 

### 33 (Initiative Measure No. 276 § 

### 33).] 

### ....... 

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### 41.17.3IC



### the public disclosure commission about any elected official or candidate for public office must

### bemade in writing and signed by the complainantunder oath. (f) 

### Test questions. scoring keys. and other examination data used to administer a license. employment. or academicexamination. (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 yearsafterthe appraisal.(h) Valuable formulae. designs. drawings. and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and publicloss. (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

### beexempt when publicly cited by an agency in connection with any agency action. (j) 

### Records which are relevant to a controversy to which an agency isa party but which records would not 

### beavailable to another party under the rules ofpretrial 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. (2) The exemptions of this section shall 

### beinapplicable to the extent that information. the disclosure ofwhich would violate personal privacy or vital governmental interests. can be deleted from the specific records sought. No exemption shall be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.(3) Inspection or copying of any specific records. exempt under the provisions of this section. may be permitted if the superior court in the county in which the record is maintained finds. after a hearing with notice thereof to every person in interest and the agency. that the exemption of such records. is clearly unnecessary 

### to protect any individual's right of privacy or any vital governmental function.(4) Agency responses refusing. in whole or in part. inspection of any public record shall include astatementof the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld. [1977 

### ex.s, c 314 § 

### 13; 1975-'76 2nd ex.s. c 82 § 

### 5; 1975 1stex.s. 

### c 294 § 

### 17; 1973 c I 

### § 31 (Initiative Measure No. 276 § 31).] 

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