A bill with the potential to make it quicker and cheaper to access public records has passed through the Legislature.
Senate Bill 6367 was signed March 15 by Gov. Christine Gregoire. It amends RCW 42.56 section 520 to permit public agencies to fulfill pubic records requests electronically. The bill will go into effect June 10.
“The Internet provides for instant access to public records at a significantly reduced cost to the agency and the public,” according to the bill.
Public agencies are now encouraged to make commonly requested records available online through their Web sites. In Federal Way, for example, these records are ordinances, resolutions, city council agendas and minutes, city clerk Carol McNeilly said.
Information about court decisions, lawsuits and big road projects are not typically considered common requests, she said. The city could now provide that information via e-mail if the information is subject to release, she said.
The City of Federal Way already provides electronic access to many public documents. It posts information pertaining to public meetings online. The city also has a document library on its Web site, www.cityoffederalway.com.
“We want to work with people and make sure they get the documents they are looking for,” McNeilly said.
Per law, when records are deemed eligible for public release, an agency must provide copies of the record to the requesting party or allow for the records to be viewed via an agency computer. The amendment gives Federal Way the authority to say whether it will deliver the records via hard copy or electronically, given a person has access to a computer, McNeilly said. The city encourages public agencies to urge those with computer access to view requested records online, either on a Web site or via e-mail, instead of requesting printed copies.
“It’s faster because then we’re not mailing them something or putting it at the front counter for them to come pick it up,” McNeilly said.
The bill could also bring cost savings to the city and those requesting records. In Federal Way, the public is charged 15 cents per page for copies of public records. The document is free if it is less than 10 pages. Last year, the city filled 231 public record requests. In 2008, it filled 244 requests, McNeilly said. In 2007, the city filled 260 requests, she said. The city does not track exactly how much it spends, in materials and labor, to fill requests, McNeilly said. But the bill is seen as a positive step.
“It will save us time and labor in copying,” McNeilly said.
The law
Public agencies are required to issue a response to public records requests within five business days. The agency must either provide the records, acknowledge the request and give a reasonable estimate for when the request will be met, or deny the record request, according to state law.
A public agency is allowed to take longer than five business days to meet the request if the intent of the request must be clarified, if it will take additional time to locate and assemble the information being sought, or if a third party affected by the request must be notified, according to the law.
A denial for public records must be accompanied by a written letter to the requester that details why the records were withheld. Some records are exempt from the law.
Read the Public Records Act in its entirety at http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56.
