Washington Administrative Code › Title 44 - Attorney General's Office › Chapter 44-14 - Public Records Act-Model rules › Comments to WAC 44-14-030 › Section 44-14-03004 - Organization of records

Current through Register Vol. 24-14, July 15, 2024
An agency must "protect public records from damage or
				  disorganization."RCW
				    42.56.100. The secretary of state provides
				  extensive guidance and resources on organizing, inventorying and managing
				  records. See
https://www.sos.wa.gov/archives/recordsmanagement/
.
An agency owns public records (subject to the public's right,
				  as defined in the act, to inspect or copy nonexempt records) and must maintain
				  custody of them. RCW 40.14.-020; chapter 434-615 WAC. An agency's information
				  "must be managed with great care to meet the objectives of citizens and their
				  governments."RCW
				    43.105.351.1
				  Therefore, an agency should not allow a requestor to take original agency records
				  out of the agency's office, or alter or damage an original record. An agency may
				  send original records to a reputable commercial copying center to fulfill a
				  records request if the agency takes reasonable precautions to protect the
				  records. See WAC
				  44-14-07001(5).2
The legislature encourages agencies to electronically store and
				  provide public records:
Broad public access to state and local government records and
				  information has potential for expanding citizen access to that information and
				  for providing government services. Electronic methods of locating and
				  transferring information can improve linkages between and among citizens,
				  organizations, business, and governments. Information must be managed with great
				  care to meet the objectives of citizens and their governments.
It is the intent of the legislature to encourage state and
				  local governments to develop, store, and manage their public records and
				  information in electronic formats to meet their missions and objectives. Further,
				  it is the intent of the legislature for state and local governments to set
				  priorities for making public records widely available electronically to the
				  public.
RCW
				    43.105.351. An agency could fulfill its
				  obligation to provide "access" to a public record by providing a requestor with a
				  link to an agency web site containing an electronic copy of that record.
				  RCW
				    42.56.520. Agencies are encouraged to do so,
				  and requestors are encouraged to access records posted online in order to
				  preserve taxpayer resources.3 For those requestors
				  without access to the internet, an agency is to provide copies or allow the
				  requestor to view copies using an agency computer terminal at its office.
				  RCW
				    42.56.520.
Notes:
1See also WAC
						  44-14-03001
						  (agency public records on nonagency devices or in nonagency accounts).
2See also
Benton County v.
						  Zink
, 191 Wn. App. 269, 361 P.3d 801 (2015) (agency can send records to
						  outside vendor for copying).
3See legislative findings in
						  chapter 69, Laws of 2010 ("The internet provides for instant access to public
						  records at a significantly reduced cost to the agency and the public. Agencies
						  are encouraged to make commonly requested records available on agency web sites.
						  When an agency has made records available on its web site, members of the public
						  with computer access should be encouraged to preserve taxpayer resources by
						  accessing those records online.")
Statutory Authority: 2005 c 483 § 4, RCW   42.17.348.
					 06-04-079, §
											44-14-03004, filed 1/31/06, effective
					 3/3/06.