Wa Doc Policy Directive and Statute on Public Records Disclosure Fr Gronquist 2003
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AUG-01-2003 THU 11:23 AN AGO CJD OLYMPIA \8 FAX NO. 3605861319 P. 04 HUMBER STATE OF WASHINGTON " OEPARTMENTOF CORRISCTIONS DOC 280.510 310NATUM POLICY DIRECTIVE ~ OffandDr ManuDi CEPARTMENT WIDe CJ Spanl5h IlATil 6120/01 ~ft JOSEPH D. ' "WUU), EFFECTI\'E !JATe t>_ . . . . . . . . 1 of4 SECRETARY T1TU! PUBLIC DISCLOSUR~ OF RECORDS SUPERSESSION: DOC 280.510 effective 3112/01 REFERENCES: DOC 100.100 Is hereby Incorporated into "this Policy OlrecUve; RCW 4.24.550; RCW 9.94A; RCW 9.94A.030; RCW 10.97; RCW 40.24, RCW 42.17: RCW 70.02.24.28: RCW 96A.150; RCW 71.05. 09; WAC 137-08. 70; WAC 248-100; WAC 275-55..020; ACA 3-4095; Governor's executive Order 00-03: DOC 590.500 Legal Access for Offenders; COC 640.020 Offender Health Record Management: DOC 804.005 Personnel Files; FBI Order 556-73 POLlCY: I. The Department shall establish a process for the Department to respond to requests for the disclosure of public records pursuant to RCW 42. 11. This Policy Directive does not apply to discovery requests made in conjunction with litigation, subpoenas, or other legal pleadings. IL The handling, maintenance, and privacy of public records shall meet the requirements of RCW 42.17. RCW 10.97, WAC 137..08, and Governor's executive Order 00-03. 10. All public records shall be made available for public Inspectfon and copying unless the records are exempt under federal or state law: or providing facilities for copying would unreasonably disrupt the operations of the Department; or Inspection would excessively interfere with essential functions of the Department. IV. Non·disclosure of material may only occur per statutory exemptions. DIRECTIVE: I. Responsibility A. The Public Disclosure Administrator (POA). located in·the Office of Administrative Services (OAS) Contracts, Rules, and Disclosure Section shall: 1. 2. Coordinate the appropriate response to public records requests through deSignated PubliC Disclosure Coordinators (POC); Ensure Department wide procedures for processing requests for public records and a public disclosure manual are up-tCHSate; 08/07/03 TDU 11:26 [TX/RX NO 7305) AUG-07-2003 THU 11:24 AM AGO CJD OLYMPIA Iwg~ 280.510 I~BLlC B. ' e. FAX NO. 3605861319 DISCLOSURE OF RECORDS I P. 05 EFFECTh,E OATe 6120/01 I2 of 2 PAGE HUMBER 3. ProvIde trainIng ~o Department designated staff, In c9njunction with the Attorney General's (AG) Office: 4. Coordinate with the AG's Office as needed; 5. Act as the Department's fina/level Appeals Officer per RCW 42.17.130; and 6. Maintain a current list of PDes. PDes shall be designated as follows: 1. For each prison and pre-release by the Superintendent; 2. For each'reglon by the Regional Administrator (RA); 3. For the Office of Correctional Operations (OeO) Headquarters by the oeo Deputy Secretary; 4. For the OffIce of Administrative Services (OAS) Headquarters by the OAS Deputy Secretary; and 5. For the Office of the Secretary (OS) by the Secretary. The PDes shall: 1. Be responsible for the implementation of the public disclosure procedure or refer the reqlJest as appropriate. 2. Update local procedures for processing requests for public records and maintain an updated public disclosure manual. 3. Attend statewIde training and provide training to appropriate staff in their local area. It 4. Coordinate with the POA. other PDCs. AG's Office, and others involved'in the disclosure process as needed. 5. Traok the receipt and disposition of public disclosure requests. Public Disclosure Requests A. All requests for public records shaU be made in writing, which includes FAX. electronic mail. or DOC 05-066 Request for Olscfosure of Records to the designated POCo The request shall incfude the following tnfonnatfon: 1. 2. 3. Name and retum address of the person requestIng the record; The date of the request; The specific documents reque~ted: and 08/07/03 THU 11:26 [TX/RX NO 7306) AUG-07-2003 THU 11:24 AM AGO GJD OLYMPIA FAX NO. 3605861319 P. 06 I~O~ 280.510 Ir:~BLlC DISCLOSURE OF R"ECORDS 4. Ul Whether those specffic public records have previously been or are currently being requested from the Department by the requestor, and if so, when and to whom the request was submitted. B. Offender requests for caples of pub/fc records, other than their central file, shall be made In writing to the poe at the facility where they are incarcerated or the region in which they are supervised. Offenders should complete DOC 05-066 Request for Dlscfosure Records. C. An offender may request to inspect his/her central file by completing and submitting DOC 05-066 Request for Disclosure Records to the facilityllocal Records Unit The review will be accomplished in the presence of designated staff in a timely manner" D. Incarcerated offender requests to examine or obtain a copy of information in hislhe.r health record shall be handled per DOC 640.020 Offender Health Record Management Responding to Requests A B. Within 5 business days of receipt of a request. Oepartment staff shall respond in writing by: 1. PrOViding the record through either inspection or copying: or 2. Acknowledging reCeipt of the request and providing a reasonable estimate of the time needed to respond; or 3. Denying the request The Departmenfs response denying. in whole or in part. the request shall identify any record withheld and shall include a statement of " the specific exemption authorizIng the withholding of the record, or any part, and a brief explanation of how the exemption applies to the specific record withheld; or " 4. Acknowledging the receipt of a public records request that is unclear, and asking the requestor to clarify the Infonnallon the requestor Is seeking. If the requestor faUs to clarify the request, the Department need not respond further. Additional time may be needed for the Department to respond to a request based on the need to: 1. 2. 3. 4. C. Clarify the request; Locate and assemble the records requested; Notify third persons affected by the request; or Determine whether any of the records, or any part. are exempt from disclosure. After compiling records in response to a request. Department staff shall notify the requestor of the exact copying charges for the requested records. Copying charges 08/01103 TBU 11:26 (TI/RI NO 7305) CLERKS OFFICE COPY AUG-01-2003 THU 11:24 AM AGO CJD OLYMPIA P. 01 FAX NO. 3605861319 I DOC 280.510 J iUBUC ~i1! OISCI.,.OSURE OF RECORDS NUM8eR are specified In WAC 137-08-110. Payment must be received In the form of a check, money order. or an offender transfer fund fonn before the caples will be sent. O. No fee shall be charged for the Inspection of public records or for locating public recolTis. E. With the excepdon of offender central file requestS. all responses to public recotds provided in response to public records requests made by Incarcerated offenders shall be mailed to the requestor through the United States mail. Per RCW 42.17.270 and RCW 42.17.290,lncarcerated offenders shall not be permitted to inspect public records except for: 1. 2. F. . IV. TheIr own central file, and Their own health care record as provided in section U.D of this policy. Requests by Incarcerated offenders for copies of legal pleadings and exhibits bei~g submitted to the court and opposIng party regardIng current conviction, conditions of confinement, and/or challenges to the offender's sentence shall be handled per DOC 590.500 Legal Access for Offenders. Appeal Process A. If the requestor disagrees with a decision to deny the request. or any part, the requestor may appeal to the PDA for review of the decision. The PDA shall review the appeal and affirm or reverse the denial within 2 business days following receipt of the appeal. B. Final agency action for the purposes of Judicial review shall not be considered to have occurred until the PDA has rendered hislher decision on the appeal or until the close of the second business day following receipt of the appeal, whichever occurs first. . C. Any further appeal shall be made to the Superior Court per RCW 42.17.340. DEFINITIONS: The following words/terms are Important to this Policy DIrective and are italicized and defined in the Glossary section of the Policy Dfrectlve Manual: Public Record. Other words/terms appearfng In this Policy Dfrective may also be defined in the Glossary. AlTACHMENTS: None DOC FORMS (See Appendix): DOC 05-066 Request for Disclosure Records 08/07/03 THU 11:26 lTX/RX NO 7305] CLERK'S OFFICE COPY AUG-07-2003 THU 11:25 AM AGO OJD OLYMPIA • . STATE oPWASHINGTON FAX NO. 38058B1319 P. 08 REQUEST FOR DISCLOSURE OF RECORDS CIlPARTMaNT all COMeCTIDHS Data af Request: Name; Address; D D I request to Inspect my central fila. This request haS been previouSly aul)mlned Or is cunantly wilh U1e Department. Dale of Original Request Origlnsl Request Sl.Ibmltted To: (Name I Addrees) o I request copies of the following public records. If requesting offender rac:crds. include offender name and DOC number. DATE SIGNAllJRE OF REQuESTER , , Dee s:1"AFF - FIlL OUT BELOW Penlon Receiving Request: Oate~ poe (or designate person respondlng to request): Date: . Date: , Response: Sent " . Further Rssponse(s) Date: Date: Date: Date: Date: COC 05~ (ReN. 0112001) POL OOC28G.S10 08/07/03 TBU 11:26 [TX/RX NO 73051 AUG-07-2003 THU 11:23 AM AGO OJD OLYMPIA ....-- FAX NO. 3605861319 ~.~~~~~-------------------137·08-010 nile 131 WAC, Corrections, DepartmeDt or (SIIIUIOIy Audlorily: RCW 10.97.010 ancI42 .17.320. 86-11).()1 0 (Order 86t t37.oI..060. filed 4129116. Swwoty AUlborll)': RCW 10.97.080. 42.17.250 and 12.01.090.85-13-020 (ens. 15.(6).1137-01-060, filed 611018.5. SWulOty Audloti!),: RCW 417.250. 12-04-4Z3 (Onkr 82·3). t 131-08-060. filed 1124182.) (5). WAC 131.08·010 Public dlsclo,ul"c officer. The departMent sh:lIl designate a public disc10sQre officer. located in the state administrative office. who shall bo rcsponsibl!! for implemcnlins the deputmont~ rules regard. ing disclosure of public records, coordinadoft of staff in 1his regard. and gcncraUy insuring comp1ian~ by the staff willi public rccords disclosuI'C requilenleuts. (SIIIIIIOry AllrJiDlhy: RCW 10.91.080 UId 42.17.320. 16-10'()10 (Order 86137.o1l..()70. filed 4Il9186. SIIIWCI) AldhDrtQ'! RCW .2. 11.2:1Q. 8204-023 (Ordet 82·3), I 137-0&-070. ftlGd llWll.J (5). § WAC 131·08·080 Public ellsclosure coordiAator. Each departmental admiDislrative UJJit, for example, eacb instiwtioD. shan desigDate from among its employees at least one public disclOSUB coordlnalOt. wbo shall: (1) Have responsibility to respond to wrineft requcsts for disclosure of the department's nonexempt public records localed in thu office: and (2) Refer the person requesdng disclosure to any olber office where the record is. located. and assiSI funher 10 die disclosure proc.es&: and (3) Verify. if necessary. the identity of asay person requesting infomuuion. [51l1li101)' AutJaori'1: RCW 42. 11.lSO. 112-04-023 (ORI« 82.). 1137008. 080, filed 1Jl6II2.J WAC 131.08.090 Requul for public record•• (l) UnlQ$ waived by a public disclosure ccordinuor. aJJ requests for the disclosure of" pubUc rccofd must be in wridng iden· tifying the record soughl with reasonabl!! cezWnty. 'The writ· feD request may include: (a) The name of the per30n requesting the record; (b) The time of day and calendar date on which the request is made, and; (e) The nature of the request. (2) A request for disclosure shall be made duriog custorrwy busines$ houn. (3) If the public record contains material exempt &om disclosure punuatlt to 111w, iocluding those laws cited in WAC 137·08-ISO, the depatUnent must provide the person requesting dls(:losurc wilh a written explaJWioll for the nondisclosure. pursuant to WAC 131-08-130. (4) Any peaon eontiawng ro seek disclosure, after hav. ing received a wria.en explanation for nondiscloswe punlJallt to WAC 137-08-130. may request a review under lite provi. sionsofWAC 137·08.140. (5) When Q penon's Idcntity is relevant to an exemption. that person may be required to provide personal identificatiOIl. (6) Nothing in lhis &ecrion or elsewhere iD this chapter (&alUlGfy Audlortcy. RCW 42.17.2S0. 82.04.ol3 (~82-3). P. 03 § 131.aS. 090. filed 1f26182.) WAC 131·08.100 Disclosure 10 dieat's rep.-eseqta· If a client requests disclosure to a repmentati ve. that requ~c must be accompanied by a written release signed by the client. ucept 1Iw. as an accommodation to the client and if the legislator or attornoy representing lite elient can provicie assurance that me client has authorized disclosure. rhc clien"s m:ord may be briefly discussed with thar: legislator or attorney so long as there is neither physical ibSpection nor copy. ing of client records by that representative. A written release must incllldc: (a) The identity of the person(s) Or cqanizadoll($) 10 whom disclosure is to be macIa; (b) AD identificadon of the record, or portion thereof. to live. en be disclosed; (0) A srarcrnent of when the aulhorizarion for discJO$ure expires. (2) Disclosures of informalion to 11 representative shall be made 10 the same extent as to the clicnL (3) The lep! 8uardian of a client has any and 1111 rights accorded to a client by this secdon. (StlNloIy AUIborfIY: RCW 42.17.250. 82.04·023 (Order 82·:J), § 137-08· 100, ftleel 1126181.) WAC 137..os·105 Correction of CrroD80US Wonna· A clicut may challenge the 1U:CU(1lCy or complecc· ness of criminal hislory record informllion. as defined in chaprer 10.91 RCW. pettabili:Ig to the client and maintained in Ihe clepanmellt's (des. Such challenge shall be effected in accordance with cbaptcr446-l0 WAC. (2) A client. may cballenge tho accuracy and compl~le· ncss of information in the dcpanmenr's files pcnainin,lo the client other than erimimll mstory record infonnation. Such challenge sball be effected in accordance wUIt department policies and pl'OCcdurcs. tiOIL (l) (SUIIlIGrY AudlDriIJ: RCW 10.97.080. 220.127.116.11.wi 7l.01.090.115-13-020 (Ordu 8.5006). § 131-08·10-', filed 611018.5.) WAC 137-08.110 Fea-lDsP.eedoliud copying. (1) No fcc sIWI be charged for the inspection of public recOrds. (2) The depanment shall collect a feo of twenty cents per page plus postage to rcimbtnse itself for the cost of providing copies of public n:cords. (3) Nothing contained in Ibis scetion shall preclude the departmenl &olD agreeing to CJtchabge or provide copies of manuals or other public records with other stale or federal agencies. wheft~ver doing so is in the best interest of. me depanmcnt. (4) The sectell\ry of the department or his designee js authorized 10 waive aft)' of the foregoiJ1g copyin, COSlS. [Sf-lOry AWboricr. RCW 10.97.090.42.17.251) GIld 72.01.090.115·13,0%0 (Ordct 85~). t 131·08-110. filed 6110185. SllIutory AulhDricy: RCW "2.17.1SO. 82-04-023 (Onler n·3), f 137-08-110. filed In6l82.) s~aJl be constrUed to nsquirc tho departmcnt to compile sraris- ncs or other informatioD &om material contained in public records. where doing so would unduly Inwrlcre whh other essential iilnctions of the department lUId is not required for litigation by rulC$ of pretrial discovery. [Tille 131 WA.c-.,. 4) WAC 131.os·120 PmtediOD of pubUc records. Public tecords shall be disclosed only in the presence of a pUblio dis· closll~ coorciinalor or his or her desigDee.. who shall withdraw the records iftbc person requesting disclosure ru:ts in II. . ATTACHMEJIf._A.......... 08/07/03 TBU 11:28 (lOOt Ed.) [TX/RI NO 7305)