Public
Records Requests
The
Revised Code of Washington (RCW) 42.56.070(1) requires
each agency to make available for inspection and copying
nonexempt "public records" in accordance with
published rules.
The
act defines "public record" to include 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 the
agency.
Clark
Regional Emergency Services Agency (*CRESA) is a regional
public safety service provider of 9-1-1 Public Safety
Dispatch, Emergency Management coordination, coordination
of Region IV Homeland Security, oversight of the Clark
County Emergency Medical Service District #2 exclusive
ambulance contract, and the operation and maintenance
of the regional governmental radio system.
CRESA’s
central office is located at 710 West 13th Street in Vancouver
Washington. Any person wishing to request access to public
records of CRESA, or seeking assistance in making such
a request should contact the public records officer of
CRESA:
Debbie
Butchard
Clark Regional Emergency Services Agency
710 West 13th Street
Vancouver, WA 98660
Phone number: 360-737-1911 X3966
Fax number: 360-694-1954
e-mail address: Debbie.butchard@clark.wa.gov
The
public records officer will oversee compliance with the
act but another CRESA staff member may process the request.
Therefore, these rules will refer to the public records
officer "or designee."
AVAILABILITY
OF PUBLIC RECORDS
Public records are available for inspection and copying
during normal business hours of CRESA, e.g., Monday through
Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays).
Records must be inspected at the offices of CRESA. An
index of public records is available for use by members
of the public. The index may be accessed on-line at CRESA911.org.
MAKING
A REQUEST FOR PUBLIC RECORDS
Any person wishing to inspect or copy public records of
CRESA should make the request in writing on the CRESA
request form, [hyperlink request form here] or by letter,
fax, or e-mail addressed to the public records officer
and including the following information:
a.
Name of requestor
b. Address of the requestor
c. Other contact information, including telephone number
and any e-mail address
d. Identification of the public records adequate for
the public records officer or designee to locate the
records
e. The date and time of day of the request
PROCESSING
OF PUBLIC RECORDS REQUESTS
If the requestor wishes to have copies of the records
made instead of simply inspecting them, he or she should
so indicate and make arrangements to pay for copies of
the records or a deposit. Standard photocopies will be
provided at $0.15 cents per page. A form is available
for use by requestors at the office of the public records
officer and on-line at CRESA911.org.
The public records officer or designee may accept requests
for public records that contain the above information
by telephone or in person. If the public records officer
or designee accepts such a request, he or she will confirm
receipt of the information and the substance of the request
in writing.
CRESA
is charged by statute with adopting rules which provide
for how it will "provide full access to public records,"
"protect records from damage or disorganization," "prevent
excessive interference with other essential functions
of the agency," provide "fullest assistance" to requestors,
and provide the "most timely possible action" on public
records requests. The public records officer or designee
will process requests in the order allowing the most requests
to be processed in the most efficient manner.
Within
five business days of receipt of the request, the public
records officer will do one or more of the following:
a.
Make the records available for inspection or copying.
b. If copies are requested and payment has been received,
send the copies to the requestor.
c. Provide a reasonable estimate of when records will
be available.
d. Deny the request.
If
CRESA does not respond in writing within five business
days of receipt of the request for disclosure, the requestor
should consider contacting the public records officer
to determine the reason for the failure to respond.
PROTECTING
RIGHTS OF OTHERS
In the event that the requested records contain information
that may affect rights of others and may be exempt from
disclosure, the public records officer may, prior to providing
the records, give notice to such others whose rights may
be affected by the disclosure.
RECORDS
EXEMPT FROM DISCLOSURE
Some records are exempt from disclosure, in whole or in
part. If CRESA believes that a record is exempt from disclosure
and should be withheld, the public records officer will
do the following:
a.
State the specific exemption and provide a brief explanation
of why the record or a portion of the record is being
withheld.
b. If only a portion of a record is exempt from disclosure,
but the remainder is not exempt, the public records
officer will redact the exempt portions, provide the
nonexempt portions, and indicate to the requestor why
portions of the record are being redacted.
The
Public Records Act provides that a number of types of
documents are exempt from public inspection and copying.
In addition, documents are exempt from disclosure if any
"other statute" exempts or prohibits disclosure.
Requestors should be aware of the following exemptions,
outside the Public Records Act, that restrict the availability
of some documents held by CRESA for inspection and copying:
a.
The Health Care Information Act generally prohibits
the disclosure of medical information by health care
providers without the patient’s consent, RCW 70.02.020(1).
b. The attorney-client privilege statute, RCW 5.60.060
(2) (a) exempts confidential communications between
an attorney and client. The Public Records Act also
recognizes an exemption for records relating to a “controversy”
which means completed, existing, or reasonably anticipated
litigation involving the agency, when such records are
not subject to discovery under court rules. This exemption
includes documents protected as “work product”, which
are those documents prepared in anticipation of litigation
by a party or a party’s representative (attorney, consultant,
insurer or agent).
c. Those portions of records containing specific and
unique vulnerability assessments or specific and unique
response plans, either of which is intended to prevent
or mitigate criminal terrorist acts as defined in RCW
70.74.285, and public disclosure of which would have
substantial likelihood of threatening public safety,
RCW 42.56.420.
d. Documentation as specified in the Federal "Emergency
Planning and Community Right-To-Know Act of 1986."
e. Documentation as specified in "The Chemical Safety
Information, Site Security and Fuels Regulatory Relief
Act of 1999."
f. Lists of individuals for commercial purposes, unless
specifically required by law.
COSTS
OF PROVIDING COPIES OF PUBLIC RECORDS
There is no fee for inspecting public records. A requestor
may obtain standard black and white photocopies for $0.15
cents per page.
Before beginning to make the copies, the public records
officer or designee may require a deposit of up to ten
percent of the estimated costs of copying all the records
selected by the requestor.
The
public records officer or designee may also require the
payment of the remainder of the copying costs before providing
all the records, or the payment of the costs of copying
an installment before providing that installment.
CRESA
will not charge sales tax when it makes copies of public
records. CRESA may also charge actual costs of mailing,
including the cost of the shipping container.
Payment
may be made by exact cash, check, or money order to Clark
Regional Emergency Services Agency.
REVIEW
OF DENIALS OF PUBLIC RECORDS
Any person who objects to the initial denial or partial
denial of a records request may petition in writing (including
e-mail) 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 public
records officer or designee denying the request.
The
public records officer shall promptly provide the petition
and any other relevant information to the Agency’s Assistant
Director. The Assistant Director will do the following:
a.
Immediately consider the petition and either affirm
or reverse the denial within two business days following
CRESA’s receipt of the petition.
b. Within such other time as CRESA and the requestor
mutually agree to.
Any
person may obtain court review of denials of public records
requests pursuant to RCW 42.17.340 at the conclusion of
two business days after the initial denial regardless
of any internal administrative appeal.
COPYING COSTS OF AGENCY PUBLIC RECORDS
Effective
January 1, 2007
1.
Agency copying fee for documents is $0.15 per copy plus
tax. Postage and a special mailing envelope, if required
are additional. [RCW 42.56.070(8)].
2.
The copying charge under $1.00 will be waived.
3.
Copies of material whose size requires commercial copying
will be charged at the actual commercial cost of such
copies.
4.
Copies of the audio of 9-1-1 radio and telephone traffic
are charged at $25.00 per hour to the nearest quarter
hour for recording it on an audio media devise. Postage
and a special mailing envelope, if required are additional.
a. Hourly costs are determined by employee salary and
Agency paid benefits. (RCW 42.56.070(7)(b).
5.
The Agency will annually review and revise as necessary
the actual costs for these services to insure the Agency
complies with RCW 42.56.070(7).
CRESA’S
PUBLIC RECORDS INDEX
1.
CRESA Administration
a)
Administrative Board Meeting Agendas
b) Administrative Board Meeting Minutes
c) Director's Monthly Report
d) Agency Monthly Claims
e) Agency Monthly Budget Reports
f) Agency Resolutions and accompanying staff report
g) Agency Written Directives Manual
h) Agency Annual Budget
i) Agency Annual Report
j) Agency Five-Year Strategic Plan
k) CALEA Accreditation Files
l) Staff and Consultant Reports
m) Agency Procedures Manual
n) Agency Salary Schedule
o) Annual Financial Statement
p) Annual Audit Report
q) Agency Insurance Policies
2.
9-1-1 Operations
a)
Monthly Call Summary
b) Monthly Citizen Satisfaction Survey
c) CAD System Premise History
d) CAD System Call Events
e) Radio Traffic (Audio copy)
f) 9-1-1 Telephone calls (Audio copy)
g) Mobile Data Computer Traffic
3.
Emergency Management
a) Situation Reports
b) News Releases
c) Emergency Proclamations (Coordinated with County
and Cities)
d) Incident Logs
e) Damage Report
f) Various Emergency Information Management System
Reports
g) Search and Rescue Forms
h) Comprehensive Emergency Management Plans
i) Hazardous Materials Emergency Response Plan
j) Emergency Plans for Tier II Regulated Facilities
k) SARA Title III (Tier II – Sect. 312) Reports of
Hazardous Materials Storage
l) Risk Management Plans
m) Material Data Sheets
n) Inventory Forms
o) Toxic Chemical Release Forms
4.
Emergency Medical Services District #2
a) EMSAB Meeting Agendas
b) EMSAB Meeting Minutes
c) EMSAB Monthly Report
d) EMSAB Monthly Claims
e) EMSAB Monthly Budget Reports
f) EMSAB Resolutions and accompanying staff report
g) EMS Annual Budget
h) EMS Salary Schedule
i) EMS District #2 Ambulance Contract
5.Homeland
Security
a) Region IV Council Meeting Agendas
b) Region IV Council Meeting Minutes
c) Region IV Council Staff Reports
d) Region IV Budget Reports
e) Region IV Vendor Contracts
f) UASI Budget Reports
g) UASI Intergovernmental Agreements
h) UASI Project Reports
|
