PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Access to public records at Bellevue Community College.
Purpose: Repeals currently outdated rules for requesting access to public records at Bellevue Community College and establishes new ones that are in consonance with current practice.
Statutory Authority for Adoption: RCW 28B.150.140.
Statute Being Implemented: RCW 42.17.250 ff.
Summary: Removes outdated forms and procedure for requesting access to public records and replaces them with a more streamlined, easier to use procedure.
Reasons Supporting Proposal: The new procedure makes it easier for individuals to request access to public records and eliminates the need for a form.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Barbara Martin, B202, (425) 641-2451.
Name of Proponent: Bellevue Community College, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The current rule utilizes an outmoded form and contains outmoded information for requesting information through the public disclosure laws. The new chapter updates how an individual may request information and provides specific information and timelines for compliance. It is clearer in format and easier to use.
Proposal Changes the Following Existing Rules: Chapter 132H-168 WAC is repealed and replaced by new chapter 132H-169 WAC.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This new chapter has no impact on small businesses.
RCW 34.05.328 does not apply to this rule adoption. The adoption of this rule implements chapter 42.17 RCW, Washington state public disclosure law. It is exempt from RCW 34.05.328 because it adopts with material change this Washington state statute, and only provides a format for obtaining information specifically identified within the statute.
Hearing Location: Bellevue Community College, 3000 Landerholm Circle S.E., B202, Bellevue, WA 98007-6484, on March 23, 1999, at 2:00 p.m.
Assistance for Persons with Disabilities: Contact Deborah Townsend by March 16, 1999, (425) 641-2451.
Submit Written Comments to: Barbara Martin, fax (425) 603-4187, by March 22, 1999.
Date of Intended Adoption: April 28, 1999.
February 3, 1999
Elise J. Erickson
Rules Coordinator
The following sections of WAC 132H-168 are repealed:
| WAC 132H-168-010 | Access to public records. |
| WAC 132H-168-020 | Purpose. |
| WAC 132H-168-030 | Request for documents - Procedure. |
| WAC 132H-168-040 | Appeal. |
| WAC 132H-168-050 | Exemptions. |
| WAC 132H-168-060 | Copying. |
| WAC 132H-168-070 | Protest. |
| WAC 132H-168-080 | Office hours. |
| WAC 132H-168-090 | Sanctions. |
| WAC 132H-168-990 | Form -- Request for public records. |
| WAC 132H-168-9901 | Form -- Appeal to decision to review public records. |
| WAC 132H-168-9902 | Form -- Records office request for review of public records. |
| WAC 132H-168-9903 | Form -- Request for copy of public record. |
ACCESS TO PUBLIC RECORDS AT BELLEVUE COMMUNITY COLLEGE
This chapter shall be known as access to public records at Bellevue Community College.
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The purpose of this chapter is to ensure compliance with the provisions of the Washington state public disclosure laws (RCW 42.17.250 ff.) governing access to public records, while at the same time preserving the right to privacy for college students and employees and minimizing disruption to the operation of college programs and services.
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(1) "Public record" as defined by RCW 42.17.020(36) means "any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics." All public records of Bellevue Community College, Community College District VIII, are considered to be available for public access except as exempted or limited by WAC 132H-169-070.
(2) "Writing" as defined by RCW 42.17.020(42) includes all means of recording any form of communication or representation, including documents, pictures, computer tapes or disks, and sound recordings.
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Requests for access to and/or copies of public records maintained at Bellevue Community College shall be made in writing to the Vice President for Administrative Services, 3000 Landerholm Circle SE, Bellevue, Washington, 98007. Requesters should submit form BCC 010-072, "Request for Public Records," or write a letter to the Vice President for Administrative Services which:
(1) provides the requester's name, full mailing address, and telephone number;
(2) states whether the requester is representing him/herself or is representing an agency or company, and if so, gives the agency or company name;
(3) for records concerning a past or present Bellevue Community College student, provides the name, student identification number, and last date of attendance (if known) of that student;
(4) for records concerning a past or present Bellevue Community College employee, provides the name, job title or department, and last date of employment (if known) of that employee;
(5) provides a specific and detailed description of the record being requested;
(6) states whether the requester wishes only to examine the record and will come to the college to do so or, instead, wishes to obtain a copy of the record;
(7) certifies that the requester (a) will not use the information obtained through the request for public records for commercial purposes,
(b) has read and understood WAC 134H Chapter 169, and
(c) agrees to return the record in its original condition if the requester examines the record on campus or to pay the cost of having the copy made.
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(1) The Vice President for Administrative Services or his/her designee will respond to the request within five business days after receiving it.
(2) Depending on the nature of the request and of the record concerned, the Vice President for Administrative Services will respond in one of the following ways:
(a) make the record available or provide a copy as requested;
(b) state that the record as described does not exist at Bellevue Community College at this time;
(c) acknowledge the request and ask for additional descriptive information, in cases where the description provided is incomplete or unclear;
(d) acknowledge the request and state a date by which the record(s) will be provided, for example in cases where the request is for large numbers of documents or records in out-of-the-ordinary formats, or when the request has been made at peak periods such as registration or the first week of instruction;
(e) deny the request in whole or in part and indicate the specific reason for the denial.
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If a request for access to public records is submitted according to WAC 132H-169-040 and is denied, the college is required to conduct an internal review of the denial and the requester has the right to appeal the decision to deny access. The requester should address his/her reason for appeal in writing to the college President who, after consulting with the Vice President for Administrative Services, other college administrators, and legal counsel as appropriate, shall respond in writing within five business days after receiving the appeal. The president's decision is considered final.
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(1) Certain public records are exempt from public access according to RCW 42.17.310. Access to these records will not be granted unless the Vice President for Administrative Services determines that disclosure would not affect any vital governmental interest. If the interest can be protected by deletion of personal references, access shall be granted following deletion of such material, and a reasonable time shall be allowed for deleting the material.
(2) Student educational records are available only in accordance with the federal Family Educational Rights and Privacy Act of 1974 (20 USC 1232), which establishes that the education records of students attending or having attended the college are confidential and can be released only with written permission of the student.
(3) Records concerning applicants to and employees of Bellevue Community College are available only to such faculty and staff members, including supervisory personnel, who must have access to certain records in order to carry out the business of the college. The only information contained in an individual's employee file which shall be available for public inspection shall be the name, status, salary, and teaching duties of the employee. The employee, however, shall have full access to his/her personnel file as provided by the pertinent bargaining unit agreement.
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If the requested record is not exempt from release under WAC 132H-169-070 and contains information which could identify an individual or agency, Bellevue Community College may notify the individual or agency thus identified that release of the record has been requested. In such cases the college's initial response to the request under WAC 132H-169-050 (2)(d) will allow a reasonable time for the identified individual or agency to seek court protection from release of the record.
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Any student, employee, or applicant who believes that a record has been or is about to be released and who believes that his/her right to privacy will be infringed by public inspection of the record may file a protest with the Vice President for Administrative Services, who will review the initial request and the protest. If the Vice President for Administrative Services determines that access to the record should then be denied, he/she shall take appropriate and timely action, including a request for an injunction if justified.
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A requester may choose to review the public record in person. In this case, a mutually-agreeable time and place will be arranged, during normal business hours on the college campus. The requester is expected to handle the materials carefully and return them undamaged and in order. In certain instances, at the discretion of the Vice President for Administrative Services, a staff member must be present as the requester reviews the materials.
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A requester may choose to ask for a copy of the public record. In this case, the requester shall reimburse Bellevue Community College for the cost of reproducing the record before receiving the record. In certain instances, at the discretion of the Vice President for Administrative Services, the reproduction charge may be waived.
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Public records are generally available for public review, except as exempted or limited under WAC 132H-169-070, but Bellevue Community College is under no obligation to gather data or organize information to create a record which does not exist at the time of the request.
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(1) If a person who has been given access to public records destroys, mutilates, or fails to return the records, or returns them in an unreasonably disorganized fashion, or uses them for commercial purposes, then the President may order that that person be denied further access to public records at Bellevue Community College. Any person wishing to contest such an order may request a hearing before the President or his/her designee concerning the charges.
(2) If a student or employee of Bellevue Community College destroys, mutilates, or fails to return the records, or returns them in an unreasonably disorganized fashion, or uses them for commercial purposes, then that student or employee may be denied further access to public records at Bellevue Community College and may also be subject to disciplinary proceedings under the student code of rights and responsibilities or under the relevant rules of the Community College District VIII concerning faculty and staff.
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