Member Spotlight on Public Records  
Special Guest: Kelly Gonzalez,  
Public Records Officer for Clallam County  
PLEASE NOTE:  
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CLALLAM COUNTY  
PUBLIC RECORDS  
WCRP PoolCast  
12/10/2020  
What is a Public Record?  
• A writing  
• Containing information relating to the conduct of  
government or the performance of any governmental or  
proprietary function that is…  
• Prepared, owned, used, or retained by any state or local  
agency (POUR)  
• Format doesn’t matter!  
Writing…  
Note: Public Records Include…  
The Public Records Act  
• Passed in 1972 – Initiative 276  
• RCW 42.56 (formerly RCW 42.17)  
• Open Government Laws like the PRA are often called  
“Transparency Laws” or “Sunshine Laws” because they  
➢Shine light on government  
➢US Supreme Court Justice Louis Brandeis once famously  
said, “Sunlight is the best disinfectant.”  
The Public Records Act Purpose  
• The people of this state do not yield their sovereignty to the  
agencies that serve them.  
• The people, in delegating authority, do not give their public  
servants the right to decide what is good for the people to know  
and what is not good for them to know.  
• The people insist on remaining informed so that they may  
maintain control over the instruments that they have  
created. RCW 42.56.030.  
Your attention please  
Examples of Public Records Act penalty orders, judgments and  
settlements following lawsuits by requesters alleging PRA  
violations by a public agency  
• $600,000 – Snohomish County  
• $575,000 – Snohomish County  
• $550,000 – Clallam County  
• $502,827 – Department of Labor & Industries  
• $500,000 – Board of Accountancy  
• $488,000 – Bainbridge Island  
Incomplete searches and lack of follow up. Inconsistent  
responses.  
Real cost is MUCH HIGHER!  
Changes Made in Clallam County  
• Updated Public Records Policy May 2017  
(http://www.clallam.net/bocc/documents/321PublicRecords_00  
3.pdf)  
• Established county-wide public records request process  
• Updated response templates  
• Proposed fee waiver (policy change)  
• Scheduled recurring weekly meetings between PRO, CCSO  
and Legal Counsel to go over pending requests  
• Implemented various staff trainings  
• Online payments now accepted  
Clallam County Public Records Team  
Every County Employee!!  
HR/Risk Management Deputy Director – Tom Reyes  
Public Records Officer – Kelly Gonzalez  
Public Records Analyst – Afton Beck  
Clallam County Deputy Prosecuting Attorney-Elizabeth Stanley  
Public Records Specialists (PRSs) in every Department  
Information Technology  
Archivists  
GovQA Technical Support  
Public Records Officer  
• Oversee and monitor, through fulfillment, the County’s response  
to all requests.  
• Prepare and organize the County’s responses to requests  
including determination if records are wholly or partially exempt.  
• Retain a copy of the records and any exemption logs sent to a  
requester along with any correspondence between the County  
and the requester relating to the request.  
• Facilitate the management of departmental records with Public  
Records Specialists  
• Assist Public Records Specialists in any department to obtain  
records in order to fulfill a request.  
Public Records Specialist (PRS)  
• Notify and forward new requests to the PRO.  
• Locate, collate, and organize any and all responsive records for  
review and processing, including assisting the PRO in  
determining if records are exempt.  
• Work with the PRO to determine if clarification of the request is  
needed and to identify reasonable time frames to provide records.  
• Act as the “go-to” person in the Department by managing and  
maintaining all public records.  
• Stay up on new laws relating to the Public Records Act, including  
attendance at training or seminars as resources allow.  
Processing Public Records Requests  
There are many steps to processing a request, including  
• Receiving Request (Every Employee)  
• Acknowledging request within 5 days (PRO)  
• Searching for and gathering records (PRS, PRO, Every  
Employee )  
• Reviewing and redacting records (PRO)  
• Releasing records to requester (PRO)  
Request Form  
• Agencies must accept all requests made  
during business hours.  
• They do not have to be in writing and  
can be anonymous  
• For walk ins – encourage requesters to  
complete this form  
• For phone calls or walk ins who do not  
complete form – record information on  
form  
• Cannot ask why they want the records  
➢ Unless list of individuals is requested-RCW  
42.56.070(8)  
• Send completed form to:  
PRO@co.clallam.wa.us as soon as  
possible  
Responding to Requests  
• Response to requester is the responsibility of the Public  
Records Office.  
• The five day response must do at least one of the following:  
➢Provide Records  
➢Deny request  
➢Seek clarification  
➢Give an estimate of time  
Failure to respond within 5 days is a violation of the PRA and a  
fine can be imposed.  
Responding to Requests  
• Explain the process  
• Be honest  
• Be flexible, if needed  
• Conversing in-person or by phone? Listen patiently  
• Don’t take anything personally  
• Document conversations  
• Follow up phone/in-person communications in writing (make  
sure your interpretation was correct)  
• Always give an estimate of time for next installment  
Searching for Records  
• Public Records Office works with department PRSs on  
initializing the search.  
• PRS coordinates with department staff.  
• Staff must search all locations where the records are  
“reasonably likely to be found.”  
• Includes desks, drawers, filing cabinets, current and former  
employees’ records, local drives, network drives, emails,  
handheld devices, archives, and ALL OTHER LOCATIONS  
WHERE A RECORD MIGHT BE!  
• Employees may need to search their own personal devices and  
email accounts.  
• PRSs are the county’s department records experts – a good  
partnership with them is key when searching for records!  
Searching for Records  
• The focal point of the judicial inquiry is the agency’s search  
process, not the outcome.  
• The agency bears the burden of proof to show the adequacy of  
the search. RCW 42.56.520; Neighborhood Alliance; Hobbs  
• Create search plan and document progress.  
• A search form should be completed for every search.  
• The search form is especially important for “any and all”  
requests and requests with no responsive records.  
Search Form  
• Form to be completed for  
every search.  
• Records should be saved in  
K: Drive, GovQA or  
transferred to the PRO in  
another agreed format.  
• Hard copies of records should  
be scanned.  
• Electronic records should be  
saved in native format.  
Affidavit of Search  
Reviewing and Releasing Records  
• Not all gathered records are given to requester. Records may be  
withheld or redacted. Requester must be informed of all  
redactions and withheld records and a brief explanation provided.  
• All relevant records should be given to the Public Records Office  
in unredacted form.  
• Input from Department PRSs about special circumstances  
requiring records to be withheld is extremely helpful.  
• Adobe Acrobat software is used to redact using overlay text to  
code the redaction.  
• An explanation for the redaction is provided by providing a master  
exemption key.  
• Records provided to the requester in the format we have them in.  
Reviewing and Releasing Records  
• Documents can be provided in installments.  
• Collection of fees and transfer of records is the responsibility of  
the Public Records Office.  
• Fees for records are set out in Clallam County Code. Fee waiver  
just went into effect in March 2018 - if total fees are under $10,  
fees are waived.  
• Log of withheld documents and a master exemption key is given  
to requester when records are released.  
• Include language in correspondence how to decipher redaction(s)  
and paragraph on appeals process.  
• Can’t adopt a rule that requires administrative review before a  
person can file a lawsuit. Kilduff v. San Juan County 12/12/19  
Releasing Records  
• Adobe Acrobat Overlay example  
Releasing Records  
• Master Exemption Key example  
Releasing Records  
• Some of the records that are being provided to you have been  
redacted in part pursuant to applicable law. The redactions  
appear as black boxes on various pages of the responsive  
documents. Within the redaction box there is overlay text  
designating a code for the statutory exemption applicable to the  
redacted information. Brief explanations of the basis for the  
redactions are provided on the Clallam County Public Records  
Office Common Redaction Explanation Key. As you review  
these responsive records, you can refer to the explanations  
listed on the Explanation Key to identify the exemption and its  
applicability.  
• If we are withholding records, will also provide language  
explaining the withholding log.  
Releasing Records  
• The Public Records Office has attempted to apply consistent  
redactions on documents that contain the same information. In  
the event that you locate documents that contain redactions  
that are not applied consistently, please contact the Public  
Records Office. Please also contact the Public Records Office  
if you believe records were improperly redacted or withheld.  
• Pursuant to the Clallam County Administrative Policies and  
Procedures, any person who objects to the partial denial or  
redaction of a request for a Public Record may petition the  
Public Records Officer for a review of that decision. The  
petition must be in writing and include the petitioner’s name  
and contact information. The petition must be filed within 10  
days of the denial.  
Problems with Public Records  
• Ignored Requests  
• Incomplete Searches  
• Poor records management, organization, and retention  
• Monetary penalties of up to $100 per day per record may be  
imposed for public records act violations. RCW 42.56.550  
• Aggravating factors include – lack of staff training, lack of  
supervision for PRA compliance, bad faith, requester deadline  
ignored, personal loss because of denial  
• Mitigating factors – helpful and well trained staff,  
reasonableness, good faith. TRAINING IS KEY!  
• JLARC metrics can be hard to track  
Records Management Duties  
Duties as defined in the Clallam County Public Records Policy  
321  
• “Each department shall adopt and enforce reasonable  
procedures to protect public records from damage,  
disappearance, disorganization, or premature destruction.”  
(321-9.9)  
• Public Records Officer: “Facilitate the management of  
departmental records with Public Records Specialists including  
destruction and/or transfer to the Washington State Archives.”  
(321-6.1)  
• Public Records Specialists: “Act as the go-to person in the  
Department by managing and maintaining all public records.”  
(321-7.1)  
Good Records Management  
• Improves integrity of Public Records Request searches  
• Reduces liability  
➢Organized files make the search process more efficient  
➢Large volume and messy files are NOT good excuses for  
poor searches  
• Clear records management guidelines help employees be  
more confident managing their records  
• Create a Records Management Plan  
• Implement a plan for stored records, including maintaining a  
records inventory to track retention and destruction  
Records Management  
• All Government Records are Public Property  
• As a public servant, you are required to keep public  
records for the amount of time listed in the records  
schedules  
• There can be criminal liability for willful destruction or  
alteration of a substantive public record.  
Types of Public Records  
• Transitory Records can be destroyed when no longer  
needed  
• Substantive Records need to be saved at minimum the  
time period found on Local Government Common  
Records Retention Schedule (C.O.R.E.)  
• Content is the key when determining if a record needs to  
be retained  
Substantive County Records  
• Provide evidence of a county business transaction/function  
• Provide information on actions related to county projects and  
activities  
• Document legal or audit issues  
• Retain according to retention period using the appropriate Local  
Government Records Retention Schedule  
• RCW 40.16.010 Injury to public record  
➢Class C felony  
• RCW 40.16.020 Injury to and misappropriation of record  
➢Class B felony  
Transitory County Records  
• Definition: Records that have minimal retention value that  
can be destroyed as soon as they are no longer needed  
for agency business.  
➢Short-term value  
➢Not needed as evidence of a business transaction  
➢Not covered by a particular records series  
Remember that these records are still subject to  
disclosure while they exist  
Retention Schedule Example (CORE)  
https://www.sos.wa.gov/archives/recordsretentionschedules.aspx  
Destroying Records  
• Refer to Records Retention Schedule  
• Set up a recurring destruction schedule  
• Keep a Destruction Log  
There are times when you must hang on to records even if  
their retention requirements have been met:  
• Litigation holds  
• Open public records request  
WA State Archives Link  
• WA State Archives-Records Management:  
https://www.sos.wa.gov/archives/recordsmanagement/managing-  
county-records.aspx  
Member Spotlight on Public Records  
Special Guest: Kelly Gonzalez,  
Public Records Officer for Clallam County  
Discussion  
Click here to access a copy of the Q&A!  
A copy of the presentation will be made available on  
WCRP’s County Connection webpage.  
Member Spotlight on Public Records  
Special Guest: Kelly Gonzalez,  
Public Records Officer for Clallam County  
Thank you!  
Kelly Gonzalez  
Email: kgonzalez@co.clallam.wa.us  
WCRP Staff  
Email: MemberServices@wcrp.wa.gov  
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