1. Association of Washington Public Hospital Districts Association of Washington Public Hospital Districts Web Conference February 21, 2008 Reviewing and Revising Your District’s Public Records Policy

2. Association of Washington Public Hospital Districts Ramsey Ramerman Sven Peterson (206)447-4674 ramer@foster.com (206)447-5955 petes@foster.com

3. Association of Washington Public Hospital Districts Why you are here  Public Records Act Requires You to Have a policy  2005 Amendments Added New Requirement  Performance Audits  Attorney General Model Rules  Challenges for Electronic Records

4. Association of Washington Public Hospital Districts A public record is: 1)Any writing (broadly defined to include all electronic records) 2)Relating to the conduct/performance of any governmental or proprietary function 3)Prepared, owned used, or retained “Public Records” Are Broadly Defined

5. Association of Washington Public Hospital Districts Procedures for Handling a Request 5-day response:  Deny request  Fulfill request  Reasonable time estimate

6. Association of Washington Public Hospital Districts Redactions and Exemption Log Redact, not withhold. RCW 42.56.070(1) & RCW 42.56.210(1) Exemption Log: Title, author & recipient, date, number of pages, exemption and basis for exemption. RCW 42.56.070(1) & RCW 42.56.210(3)

7. Association of Washington Public Hospital Districts Act Requires That You Have A Policy  RCW 42.56.040 mandates that you publish your procedures  RCW 42.56.070 requires you to list all exemptions and specify the cost of copies  RCW 42.56.580 requires you to select and identify a public records officer

8. Association of Washington Public Hospital Districts Performance Audits State Auditor auditing agency’s public records responses Agencies with detailed policies and procedures perform better

9. Association of Washington Public Hospital Districts Attorney General Model Rule Very detailed comments created to assist requesters

10. Association of Washington Public Hospital Districts Time Bomb Seattle Post Intelligencer Tuesday, February 6, 2007 County may pay more in public records lawsuit -- Court orders award raised The state Court of Appeals said Monday that the nearly $300,000 that the county was ordered to pay Yousoufian in his long- running battle over public records wasn't enough -- and ordered a lower court to increase the amount.

11. Association of Washington Public Hospital Districts Goals of Policy  Fulfilling statutory requirements  Providing guidance to staff and requesters  Coordinating Public Records Act policy with other policies

12. Association of Washington Public Hospital Districts Model Public Records Act Policy I.A Purpose of the Policy  Avoid creating additional liability I.C Organization of the District  Information required by the Act.

13. Association of Washington Public Hospital Districts Model Public Records Act Policy I.B Definitions  Health Care Information  Quality Improvement Information

14. Association of Washington Public Hospital Districts Model Public Records Act Policy II.A.1 Public Records Officer II.A.2 How to make a request

15. Association of Washington Public Hospital Districts Model Public Records Act Policy II.B Procedures for making a request  Large requests  Notice to third parties

16. Association of Washington Public Hospital Districts Model Public Records Act Policy II.C Exemptions  Employee’s personal information  Drafts

17. Association of Washington Public Hospital Districts Model Public Records Act Policy II.C Exemptions (continued)  Quality Improvement Information  Medical Records

18. Association of Washington Public Hospital Districts Model Public Records Act Policy II.D Copying records/Costs II.E Inspection of records II.F Index

19. Association of Washington Public Hospital Districts A. Procedures for requests D. Costs Model Public Records Act Policy Health Care Information Addendum

20. Association of Washington Public Hospital Districts Model Public Records Act Policy Health Care Information Addendum B. Additional Exemptions C. Redaction

21. Association of Washington Public Hospital Districts Broad definition of “writing” makes almost everything a public record A.G.’s Model Rule is the only guidance Model Public Records Act Policy for Electronic Records

22. Association of Washington Public Hospital Districts 1. Intent 2. Definitions  Native format  Electronically redact  Reasonably locatable Model Public Records Act Policy for Electronic Records

23. Association of Washington Public Hospital Districts 3. Requests for electronic records Paper as default Model Public Records Act Policy for Electronic Records

24. Association of Washington Public Hospital Districts Model Public Records Act Policy for Electronic Records 4. Electronic records containing no exempt information

25. Association of Washington Public Hospital Districts Model Public Records Act Policy for Electronic Records 5. Electronic records containing exempt information  Records  Databases

26. Association of Washington Public Hospital Districts Model Public Records Act Policy for Electronic Records 6. Customized access  Creating new records  Programming  Metadata

27. Association of Washington Public Hospital Districts Model Public Records Act Policy for Electronic Records 7. Costs  Customized access  Copies in electronic format

28. Association of Washington Public Hospital Districts Model Public Records Act Policy Questions?

29. Association of Washington Public Hospital Districts For Further Information Ramsey Ramerman (Public records, general municipal) 206-447-4674 ramer@foster.com Sven Peterson (Public records, general health care) 206-447-5955 petes@foster.com Municipal Research Services Center Public Records Act manual http://www.mrsc.org/Publications/pra06.pdf