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' Or any agency. for travel expenses.

A report shall be filed during the month of January of

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, or entertainment given 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 a contributor in an amount not to exceed that contributor's original contribution; or

(b) Donated to a charitable organization registered in

, accordance with chapter 19.09 RCW; 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 BY PUBLIC 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 port district treasurer',

and each treasurer of an incorporated city or town whose

population exceeds one thousand 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 held during

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 on June 30; and (3) 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. [1981 c 102 § 1; 1975-'7.6

2nd ex.s, c 112 § 10.]

mtle 41 RCW-tt 161

PUBLIC RECORDS

42.17.250 Duty to publish procedures. (1) 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

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, including the nature and requirements of all formal and

informal procedures available;

(c) Rules of procedure;

(d) Substantive rules of general applicability adopted

as authorized by law, and statements of general policy or

interpretations of general applicability 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 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,

the justification 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 providing identifying information as to the following records

issued, adopted. or promulgated after January 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

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

(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 or opine upon, the rights of the state,

the public. a subdivision of state government. or of any

·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 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 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 pursuant to a hearing under the provisions of

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 of public records

except when and to the extent that 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; 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

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 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 of agency

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 of the information to other persons w~:.;:j vio- r:

late the taxpayer's right to privacy or would result in

unfair competitive disadvantage 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 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 shall

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

mile 41 RCW-p 17)
Title 41 RCW: Public Officers and Ar":""'-:ies

Reporu required 10 be filed with medical disciplinary board. esemp):

RCW 18.72.265.

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

rntle 41 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 deemed completedat 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 1st ex.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, That this section shall not apply

to any public records as defined in RCW 40.14.010.

[1975 1st ex.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 be on 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 or embarrassment

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 with

such 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

Measure No. 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).]

.......

.-..\ 41.17.3IC

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 examination 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 research data obtained by any agency within five years of

the request for 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.

(j) Records which are relevant to a controversy to

which an agency isa 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.

(2) The exemptions of this section shall be inapplicable to the extent that information. the disclosure of

which 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 a statement of

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 1st ex.s. c

294 § 17; 1973 c I § 31 (Initiative Measure No. 276 §

31).]

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