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HomeMy WebLinkAboutResolution No. 2026-05 - Adopting a Public Records PolicyRESOLUTION NO. 2026-05 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, ADOPTING A PUBLIC RECORDS POLICY. WHEREAS, the Pasco Public Facilities District ("PPFD") is an "agency" as defined in Washington's Public Records Act (chapter 42.56 RCW, the "PRA"); and WHEREAS, the PPFD Board desires to adopt a policy describing the PPFD's rules and processes for receiving, processing, and responding to requests for public records; and WHEREAS, RCW 42.56.070(3) requires agencies to maintain and make available for public inspection and copying a current index providing identifying information as to specific categories of records issued, adopted, or promulgated after January 1, 1973; and WHEREAS, RCW 42.56.070(4) provides that if maintaining such an index would be unduly burdensome or would interfere with agency operations, the agency may instead issue and publish a formal order or resolution specifying the reason for such determination; and WHEREAS, the PPFD is committed to providing the public with full access to the PPFD's records in compliance with the PRA; and WHEREAS, PPFD generates, receives, and maintains a variety of records in multiple formats and locations, and has no employees or a standalone records department; and WHEREAS, pursuant to an interlocal agreement between the PPFD and the City of Pasco dated February 2, 2026, the Pasco City Clerk serves as the PPFD's public records officer; and WHEREAS, compiling and maintaining a complete and current index of all public records would require the hiring of employees or contractors to support the creation of an index and its ongoing accuracy, diverting necessary resources from PPFD priorities and resulting in a substantial disruption to operations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT as follows: Section 1. The PPFD Board of Directors hereby adopts the Public Records Policy attached as Exhibit A to this Resolution. Section 2. Pursuant to RCW 42.56.070(4), the PPFD Board of Directors finds that maintaining a current index of all public records as contemplated by RCW 42.56.070(3) would be unduly burdensome, would interfere with PPFD operations, and would require a disproportionate allocation of staff and financial resources. Section 3. PPFD shall not maintain a current index of all public records under RCW 42.56.070(3). PPFD will continue to make available for public inspection and copying all public Resolution 2026-05 -I records as required by the PRA and in accordance with the PPFD's Public Records Policy. Section 4. The PPFD's Executive Director is authorized and directed to publish this Resolution in accordance with RCW 42.56.070(4), and publish the PPFD's Public Records Policy in accordance with RCW 42.56.040. Section 5. The PPFD's Executive Director is authorized to make administrative updates to the Public Records Policy, provided that the Executive Director shall provide an update to the Board at the Board meeting following any updates to the Public Records Policy. Section 6. This Resolution shall take effect immediately. PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this __lk_ day of :'l:,&..I\..R.... , 2026. PASCO PUBLIC FACILITIES DISTRICT ard President ATTEST: Caroline Bowdish, ecretary/Treasurer Pasco Public Facilities District Resolution 2026-05 -2 APPROVED AS TO FORM: Tyler Whi , able Huston LLP Legal Counsel for PPFD Exhibit A [Policy on Next Page] Exhibit A Pasco Public Facilities District Public Records Policy Public Records Policy POL-002, Rev. 0 Document Control No. POL-002 Date of Initial Adoption: June 23, 2026 Document Type: Board Policy Date Last Revised: June 23, 2026 1. Purpose and Scope. The purpose of this Public Records Policy ("Policy") is to establish procedures for the Pasco Public Facilities District's ("PPFD") compliance with chapter 42.56 RCW, the Public Records Act ("PRA"). This Policy is not intended to expand or restrict the rights of disclosure or privacy as they exist under applicable law. Despite the use of any mandatory terms such as "shall" or "will," nothing in this Policy is intended to impose mandatory duties on the PPFD beyond those imposed by applicable law. The PPFD reserves the right to apply and interpret this Policy as it deems necessary, and to revise or change the Policy at anytime. This Policy is intended to comply with, and must be interpreted and implemented consistent with, the PRA, as may be amended from time to time. 2. Agency Description; Public Records Officer; Contact Information. a. Agency Description. The Pasco Public Facilities District is a Washington municipal corporation formed under chapter 35.57 RCW. The PPFD Board of Directors meets at the Pasco Aquatic Center, located at 5204 Road 108, Pasco, WA 99301. PPFD's central records office is located at the Pasco City Hall, located at 525 North 3rd Avenue, Pasco, WA 99301. b. Public Records Officer. The PPFD has designated the Pasco City Clerk as the PPFD's Public Records Officer pursuant to RCW 42.56.580. Any person wishing to request access to public records or seeking assistance in making such a request should contact the PPFD's Public Records Officer. c. Pasco Public Records Portal. Requesters are encouraged to submit records requests through the City of Pasco's public records request portal, which can be found at: https://www.pasco-wa.gov/193/Public-Records-Requests. d. Contact Information. As an alternative to using the public records portal, records requests may be submitted to the Public Records Officer at: Pasco Public Facilities District Attn: Public Records Officer 525 North 3rd Avenue, Pasco, WA 99301 Phone: (509) 544-3096 Facsimile: (509) 543-5727 cityclerkprr@pasco-wa.gov Page 1 of 7 Public Records Policy POL-002, Rev. 0 Certain public records may be available on the PPFD's or City of Pasco's websites. Requesters are encouraged to view records available on those websites prior to submitting a public records request. 3. Availability of Public Records. a. Hours for Inspection of Records. Public records are available for inspection and copying during normal business hours of the PPFD and the City of Pasco, excluding weekends and legal holidays. The Public Records Officer or designee may oversee public review of PPFD records to ensure the integrity and security of such records during inspection. No fees shall be charged for the inspection of public records. b. Organization of Records. The PPFD will maintain its records in a reasonably organized manner consistent with available resources. Pursuant to RCW 42.56.070(4), PPFD has determined that the development and maintenance of a current index of all public records as required by RCW 42.56.070(3) is unduly burdensome and would interfere with PPFD operations. See Pasco Public Facilities District Resolution No. 2026-05. c. Retention of Records. The PPFD will follow applicable law, including chapter 40.14 RCW and the Washington State Archives' retention schedules, in the retention and destruction of public records. 4. Making a Request for Public Records. a. Identifiable Records. A public records request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records. b. Submitting a ReQuest. Requesters are strongly encouraged to use the public records request form provided on the PPFD's website. Requests may be made online, in person, by letter, or by e-mail addressed to the Public Records Officer and should include the following information: i. Name of requester; ii. Mailing address, telephone number, and/or e-mail address; iii. The date the request was submitted; iv. The requester's company/organization (optional); v. A description of the identifiable public records adequate for the Public Records Officer or designee to locate the records; vi. Whether the requester seeks to inspect the records, obtain copies, or both. Page 2 of 7 Public Records Policy POL-002, Rev. 0 Requests submitted by mail and addressed to the Public Records Officer will be deemed received on the date received by the Public Records Officer. Requests submitted electronically to the Public Records Officer will be deemed received on the date they are received, but requests received after the close of business will be deemed received on the next business day. If the requester wishes to have copies of the records instead of simply inspecting them, fees may apply depending on the type and format of responsive records. Verbal requests are strongly discouraged, to avoid confusion over whether a request has been made under the PRA and the scope of the request. c. Unclear Requests. Requesters are encouraged to avoid using ambiguous terms such as "all records relating to," "all records regarding," or "all records pertaining to." Such terms may cause unnecessary delays in processing the request and may require clarification. If all or a portion of a request is unclear, the PPFD may seek clarification from the requester. If the requester fails to clarify the request within 30 days, the PPFD may deem the unclear portion of the request abandoned. The PPFD will respond to the portions of the request that are clear. 5. Processing of Public Records Requests. a. Order of Processing. The Public Records Officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. b. Initial Response. Within 5 business days of receiving a public records request, the Public Records Officer or designee will respond by doing one or more of the following: i. Make the record(s) available, in whole or in part, for inspection or copying; ii. Provide an internet address and link to PPFD's website for the records requested, if available; iii. Acknowledge the request has been received and provide a reasonable estimate of time required by the PPFD to respond to the request; iv. Acknowledge the request and ask the requester to provide clarification for a request that is unclear, and provide a reasonable estimate of time necessary to respond to the request if it is not clarified; or Page 3 of 7 Public Records Policy POL-002, Rev. 0 v. Deny the request, in whole or in part, and provide the legal basis for the denial. For purposes of computing time, the day on which the request is received does not count as one of the 5 business days. Weekends and legal holidays are excluded from the calculation of time. c. Reasonable Estimate of Time. The Public Records Officer or designee may provide a reasonable estimate of the time needed to respond to a request based on factors including, but not limited to: i. The need to clarify the request; ii. The time needed to locate and assemble the records; iii. The time needed to notify third parties affected by the request; iv. The need to determine whether any requested records or information are exempt from disclosure; v. The volume of records requested; vi. The volume of public records requests; and vii. Other essential agency functions affecting the workload of the Public Records Officer or other staff. d. Large Requests; Installments. When a public records request is for a large volume of records, the Public Records Officer may elect to provide records on an installment basis if the Public Records Officer reasonably determines that it would be practical to provide the records in that manner. If records are provided on an installment basis, the PPFD may charge for each part of the request as it is provided. If a requester fails to contact the Public Records Officer or designee to arrange for the review of any installment within 30 days after notice that the installment is available, the PPFD may stop searching for the remaining records and close the request. e. Default Formats for Electronic Records. Unless otherwise specified by the requester, the PPFD's default methods of producing electronic records are as follows: i. Emails -produced in an Adobe PDF binder or, if requested by the requester, a .PST file. ii. PDFs -produced in their original PDF form iii. All other standard electronic records (.doc, .docx, .xls, .xlsx, .csv, .jpg, .gif, etc.) -produced in their native form The PPFD may assess a customized service charge if it estimates that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when Page 4 of 7 Public Records Policy POL-002, Rev. 0 such compilations and customized access services are not used by the PPFD for other business purposes. f. Completion of Request. When the inspection of the responsive records is complete, and/or all responsive copies have been provided to the requester, the Public Records Office or designee will notify the requester that the PPFD has completed its search and has made all nonexempt records available for inspection or release. The request will then be deemed closed. g. No Duty to Create Records. The PPFD is not obligated to provide information about records, create new records, or provide a record in a format different from the original format of the record. h. No Duty to Supplement Records. The PPFD is not obligated to hold active records requests open in order to respond to requests for records that may be created in the future. A new request must be made to obtain later-created records. However, if, after the PPFD has informed the requester that it has provided all available records, the PPFD becomes aware of additional responsive records that existed at the time of the request, it will promptly inform the requester of the additional records and provide them as soon as reasonably possible. 6. Exemptions, Redactions, Third-Party Notice, and Special Processing Rules. a. Records Exempt from Disclosure. The PPFD is not required to make available for inspection or copying public records exempt under the PRA or other applicable law. If the PPFD believes that a record is exempt from disclosure and should be withheld, the Public Records Officer or designee will provide the specific exemption and a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, the Public Records Officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requester why portions of the record are being redacted. The Public Records Officer may consult with legal counsel prior to denying a request or redacting information from a public record. If the request is for a list of individuals, the requester may be required to certify whether the list is for a commercial purpose. The PPFD will not provide lists of individuals for commercial purposes unless specifically authorized by law. Page 5 of 7 Public Records Policy POL-002, Rev. 0 b. Third-Party Notice. If a public record contains information affecting an individual or organization other than the person who requested the public record, the PPFD may notify that individual or organization to allow the third party to seek relief pursuant to RCW 42.56.540. The notice may include a copy of the request. Nothing in this Policy shall be construed to create any right to such notice. c. Bot Requests. The PPFD has no duty to accept certain automated or bot requests. The PPFD may deny an automatically generated request, or a request that the PPFD reasonably believes was automatically generated by a computer program or script, that is one of multiple requests received from the same requester within a 24-hour period, if the PPFD establishes that responding to the multiple requests would be unduly burdensome or cause excessive interference with other essential functions of the PPFD. 7. Costs of Providing Copies of Public Records. Category Copies Scans a. Actual Costs. The PPFD finds that calculating actual costs for providing copies of public records for every request would be unduly burdensome. Costs vary depending on the complexity, size, and level of legal review required, number of redactions required, the format of the records, and personnel working on the request. The added cost of conducting a study for each request would interfere with the PPFD's ability to respond to requests in a timely manner, and would unduly interfere with the PPFD's business operations. Therefore, the PPFD adopts the following fee schedule pursuant to RCW 42.56.120. The PPFD reserves the right to waive a de minimus amount of fees. b. Charges for Copies. Pursuant to RCW 42.56.120, the PPFD may charge one or more of the following charges for copies: Fee Schedule Description Fee Photocopies or printed copies $0.15 per page Scanned records using PPFD equipment $0.10 per page Attachments Records uploaded to email or cloud-based $0.05 per each 4 storage service, or other means of electronic electronic files or delivery attachments Transmittals Transmission of records via electronic format $0.10 per 1 GB Digital Storage Digital storage media devices (flash drive, CD, Actual cost DVD) Mailing Costs Any container or envelope used to mail copies, Actual cost and postage or delivery charges Page 6 of 7 Public Records Policy POL-002, Rev. 0 Third-Party A third party hired by the PPFD to copy or scan Actual cost Costs IT Expertise IT expertise to prepare data compilations, or Customized service provide customized electronic access services charge (actual cost, not used for other agency purposes with deposit of 10% of estimated costs) If more than one charge applies to copies responsive to a particular request, then the above charges may be combined. The Public Records Officer may elect to waive fees when the expense of billing exceeds the cost of copying and postage or when otherwise appropriate. c. Payment and Deposits. Payment may be made by cash, check, money order, or other approved method to the PPFD. When necessary, payments should be made payable to the Pasco Public Facilities District. Before beginning to make copies, the Public Records Officer may require a deposit of up to 10% of the estimated cost of copying the records selected by the requester. The Public Records Officer may also require the payment of the remainder of the copying cost before providing all the records, or the payment of the cost of copying an installment before providing that installment. 8. Review of Denials of Public Records Request. a. Internal Review. Any person who objects to the denial or partial denial of a public records request may petition in writing, including by email, to the Public Records Officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the PPFD denying the request. The Public Records Officer shall provide the appeal to the PPFD's legal counsel or other person designated by the PPFD to review the denial. The PPFD will consider the petition and either affirm or reverse the denial within 2 business days following the PPFD's receipt of the appeal, or within such other time as the PPFD and the requestor mutually agree upon. b. Judicial Review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550. 9. Document Management. The Executive Director shall review this Policy as needed and propose any suggested changes to the Board. 10. Revision History Rev. Revision Date Description 0 June 23, 2026 Initial document release Page 7 of7