WSR 17-21-027
EMERGENCY RULES
COMMUNITY COLLEGES
OF SPOKANE
[Filed October 10, 2017, 10:45 a.m., effective October 10, 2017, 10:45 a.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: (1) To comply with EHB 1595 and RCW 42.56.120, it is necessary to update this code; (2) it is unduly burdensome for the Community Colleges of Spokane (CCS) to calculate actual costs for copying records to fulfill public records requests; and (3) pursuant to RCW 42.56.120, these changes will allow CCS to be reimbursed the costs associated with fulfilling its duties under the Public Records Act.
Citation of Rules Affected by this Order: Amending WAC 132Q-276-010, 132Q-276-020, 132Q-276-030, 132Q-276-040, 132Q-276-050, 132Q-276-060, 132Q-276-080, 132Q-276-090, and 132Q-276-100.
Statutory Authority for Adoption: RCW 28B.50.140, 42.56.040, [42.56].120.
Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.
Reasons for this Finding: To comply with EHB 1595 and RCW 42.56.120.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 9, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 12, 2017.
John O'Rourke
Grants and Contracts Manager
AMENDATORY SECTION (Amending WSR 83-10-004, filed 4/22/83)
WAC 132Q-276-010 Purpose.
The purpose of this chapter shall be to insure compliance by Washington Community College District 17 with the provisions of chapter ((42.17)) 42.56 RCW, ((Disclosure—Campaign finance—Lobbying—Records: And, in particular, with RCW 42.17.250 - 42.17.340 dealing with public records)) the Public Records Act.
AMENDATORY SECTION (Amending WSR 04-10-065, filed 4/30/04, effective 5/31/04)
WAC 132Q-276-020 Definitions.
(1) "Public record" includes 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.
(2) "Writing" means handwriting, typewriting, printing, photocopying, photographing, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combination thereof; and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings and other documents including existing data compilations from which information may be obtained or translated.
(3) "Washington State Community College District 17" is a state agency created and organized by statute pursuant to RCW 28B.50.040, and shall hereinafter be referred to as the "district." Where appropriate, the term "district" shall also refer to college personnel and board of trustees of the district.
(4) "District facilities" of Washington State Community College District 17 include any or all real property owned, operated or maintained by the board of trustees of Community Colleges of Spokane, and shall include all buildings and appurtenances affixed thereon or attached thereto.
AMENDATORY SECTION (Amending WSR 13-15-154, filed 7/23/13, effective 8/23/13)
WAC 132Q-276-030 Central and field organization.
Washington State Community College District 17 is a community college district organized under RCW 28B.50.040. The administrative office of the district and its staff is located at 501 North Riverpoint Boulevard, P.O. Box 6000, Spokane, Washington, 99217-6000. The district operates two colleges, Spokane Community College, located at ((2000)) 1810 North Greene Street, Spokane, Washington, ((99217-5499)) 99217-5399; and Spokane Falls Community College, located at 3410 West Fort George Wright Drive, Spokane, Washington, 99224-5288. The district also delivers instructional programming in the counties of Ferry, Lincoln (except Consolidated School District 105-157-166J and the Lincoln County portion of Common School District 167-202), Pend Oreille, Spokane, Stevens, and Whitman.
AMENDATORY SECTION (Amending WSR 04-10-065, filed 4/30/04, effective 5/31/04)
WAC 132Q-276-040 Operations and procedures.
Washington State Community College District 17 is established under RCW 28B.50.040 to implement the educational purposes established by RCW 28B.50.020. District 17 is operated under the supervision and control of a board of trustees appointed by the governor as provided in RCW 28B.50.100. The chief administrative officer of the district is the chancellor/chief executive officer, who also serves as secretary to the board of trustees. The day-to-day operation of the district, pursuant to policy established and approved by the board of trustees, is implemented through the office of the chancellor/chief executive officer or designee.
The board of trustees meets the third Tuesday of each month at 8:30 a.m. ((in the board room of the Spokane Community College administrative offices located at 2000 North Greene Street, Spokane, Washington, 99217-5499)) at the Lodge Building, 3305 West Fort George Wright Drive, Spokane, Washington, 99224, unless public notice is given of a special meeting. At such time, the trustees exercise the powers and duties granted to the board by RCW 28B.50.140.
AMENDATORY SECTION (Amending WSR 83-10-004, filed 4/22/83)
WAC 132Q-276-050 Public records available.
All public records of the district, as defined in WAC 132Q-276-020 are deemed to be available for public inspection and copying pursuant to these rules, except as otherwise provided by RCW ((42.17.310)) 42.56.210 and WAC 132Q-276-100.
AMENDATORY SECTION (Amending WSR 83-10-004, filed 4/22/83)
WAC 132Q-276-060 Public records officer.
((The district's public records shall be in the charge and control of the public records officer designated by the district president. The person so designated shall be located in the administrative office of the district. The public records officer shall be responsible for implementing the district's rules and regulations regarding release of public records, coordinating the staff of the district in this regard, and generally insuring compliance by the staff with the public records disclosure of chapter 42.17 RCW.)) (1) Any person wishing to request access to public records of District 17, or seeking assistance in making such a request should contact the public records officer of District 17. Throughout this chapter, references to the public records officer shall mean the public records officer or his/her designee.
(2) Contact information:
Public Records Officer
Community Colleges of Spokane
P.O. Box 6000
Spokane, WA 99217-6000
Phone: 509-434-5275
Fax: 509-434-5279
Email: publicrecords@ccs.spokane.edu
(3) Information is also available at the Community Colleges of Spokane web site at http://www.ccs.spokane.edu/getdoc/696748c1-fee0-4f18-8777-a3ac9ea1cb95/prr.aspx.
(4) The public records officer and District 17 shall assist requestors, comply with chapter 42.56 RCW, the Public Records Act, and provide public records training and assistance to college employees.
AMENDATORY SECTION (Amending WSR 83-10-004, filed 4/22/83)
WAC 132Q-276-080 Requests for public records.
In accordance with requirements of RCW ((42.17.290)) 42.56.100, that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:
(1) A request shall be made in writing upon a form prescribed by the district which shall be available at its administrative office and online at http://www.ccs.spokane.edu/getdoc/f7dfbca0-8837-4866-af04-da9b18477a8c/ccs.2136-(1).aspx. The form shall be presented to the public records officer or to any member of the district's administrative staff, if the public records officer is not available, at the district office during customary office hours. The request shall include the following information:
(a) The name of the person requesting the records;
(b) The address of the person requesting the records;
(c) Other contact information, including telephone number and any email address;
(d) Adequate identification of the public records for the public records office to locate the records;
(e) The date and time of day ((and calendar date on which the request was made;
(c) The nature of the request;
(d) The matter requested as referenced within the current index maintained by the records officer, or if the matter is not identifiable by reference in the district's current index, an appropriate description of the record requested)) of the request.
(f) A verification that the records requested shall not be used to compile a commercial sales list.
(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or other staff member to whom the request is made, to assist the member of the public in appropriately identifying the public record requested.
AMENDATORY SECTION (Amending WSR 04-10-065, filed 4/30/04, effective 5/31/04)
WAC 132Q-276-090 ((Copying.)) Costs of providing copies of public records.
((No fee shall be charged for the inspection of public records of Washington State Community College District 17. The district may charge a fee per page for providing copies of public records, for use of the district's copy equipment and postage. This charge shall be an amount necessary to reimburse the district for its actual costs directly incident to such copying.)) (1) The following copy fees and payment procedures apply to public records requests made after the effective date of this rule.
(2) Pursuant to RCW 42.56.120 (2)(b), District 17 is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:
(a) The district does not have the resources to conduct a study to determine all its actual copying costs;
(b) It is difficult to calculate all costs directly incident to copying records; and
(c) To conduct such a study would interfere with other essential district functions.
(3) Costs of copies. No fees shall be charged for the inspection of public records of Washington State Community College District 17. The district will charge for copies of public records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The district will charge for customized services pursuant to RCW 42.56.120(3). Under RCW 42.56.130, the district may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The district may enter into an alternative fee agreement with a requestor under RCW 42.56.120(4). The charges for copying methods used by the district are summarized in the fee schedule available on the district's web site at http://www.ccs.spokane.edu/getdoc/696748c1-fee0-4f18-8777-a3ac9ea1cb95/prr.aspx.
(4) Requestors are required to pay for copies in advance of receiving records. Fee waivers are an exception and are available for some small requests under the following conditions:
(a) It is within the discretion of the public records officer to waive copying fees when: (i) All of the records responsive to an entire request are paper copies only and are twenty or fewer pages; or (ii) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of twenty pages. If that email for any reason is not deliverable, records will be produced in accordance with this rule.
(b) Fee waivers are not applicable to records requested in installments.
(5) The public records officer may require an advance deposit of ten percent of the estimated fees when the copying fees for an installment or an entire request, or customized service charge, exceeds twenty-five dollars.
(6) All required fees must be paid in advance of release of the copies or an installment of copies, or in advance of when a deposit is required. The district will notify the requestor when payment is due.
(7) Payment should be made by check, credit card, or money order to the Community Colleges of Spokane. The district prefers not to receive cash. For cash payments, it is within the public records officer's discretion to determine the denomination of bills and coins that will be accepted.
(8) The district will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records, or a required deposit.
AMENDATORY SECTION (Amending WSR 83-10-004, filed 4/22/83)
WAC 132Q-276-100 Exemptions.
(1) The district reserves the right to determine that the public record requested in accordance with the procedures outlined in WAC 132Q-276-080 is exempt under the provisions of chapter ((42.17)) 42.56 RCW.
(2) In addition, pursuant to RCW ((42.17.260)) 42.56.070, the district reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter ((42.17)) 42.56 RCW. The public records officer shall fully justify any such deletion in writing.
(3) All denials of requests for public records must be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the records withheld.