Transcript www.awphd.org

Association of Washington Public
Hospital Districts
Web Conference
February 21, 2008
Reviewing and Revising Your District’s
Public Records Policy
Association of
Washington
Public Hospital
Districts
Ramsey Ramerman
Sven Peterson
(206)447-4674
[email protected]
(206)447-5955
[email protected]
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
Association of
Washington
Public Hospital
Districts
“Public Records” Are Broadly Defined
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
Association of
Washington
Public Hospital
Districts
Procedures for Handling a Request
5-day response:
 Deny request
 Fulfill request
 Reasonable time estimate
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)
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
Association of
Washington
Public Hospital
Districts
Performance Audits
State Auditor auditing agency’s public
records responses
Agencies with detailed policies and
procedures perform better
Association of
Washington
Public Hospital
Districts
Attorney General Model Rule
Very detailed comments created to assist
requesters
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 longrunning battle over public records wasn't
enough -- and ordered a lower court to
increase the amount.
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
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.
Association of
Washington
Public Hospital
Districts
Model Public Records Act Policy
I.B Definitions
 Health Care Information
 Quality Improvement Information
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
Association of
Washington
Public Hospital
Districts
Model Public Records Act Policy
II.B Procedures for making a request
 Large requests
 Notice to third parties
Association of
Washington
Public Hospital
Districts
Model Public Records Act Policy
II.C Exemptions
 Employee’s personal information
 Drafts
Association of
Washington
Public Hospital
Districts
Model Public Records Act Policy
II.C Exemptions (continued)
 Quality Improvement Information
 Medical Records
Association of
Washington
Public Hospital
Districts
Model Public Records Act Policy
II.D Copying records/Costs
II.E Inspection of records
II.F Index
Association of
Washington
Public Hospital
Districts
Model Public Records Act
Policy Health Care Information
Addendum
A. Procedures for requests
D. Costs
Association of
Washington
Public Hospital
Districts
Model Public Records Act
Policy Health Care Information
Addendum
B. Additional Exemptions
C. Redaction
Association of
Washington
Public Hospital
Districts
Model Public Records Act
Policy for Electronic Records
Broad definition of “writing” makes almost
everything a public record
A.G.’s Model Rule is the only guidance
Association of
Washington
Public Hospital
Districts
Model Public Records Act
Policy for Electronic Records
1. Intent
2. Definitions
 Native format
 Electronically redact
 Reasonably locatable
Association of
Washington
Public Hospital
Districts
Model Public Records Act
Policy for Electronic Records
3. Requests for electronic records
Paper as default
Association of
Washington
Public Hospital
Districts
Model Public Records Act
Policy for Electronic Records
4. Electronic records containing no exempt
information
Association of
Washington
Public Hospital
Districts
Model Public Records Act
Policy for Electronic Records
5. Electronic records containing exempt
information


Association of
Washington
Public Hospital
Districts
Records
Databases
Model Public Records Act
Policy for Electronic Records
6. Customized access
 Creating new records
 Programming
 Metadata
Association of
Washington
Public Hospital
Districts
Model Public Records Act
Policy for Electronic Records
7. Costs
 Customized access
 Copies in electronic format
Association of
Washington
Public Hospital
Districts
Model Public Records Act Policy
Questions?
Association of
Washington
Public Hospital
Districts
For Further Information
Ramsey Ramerman
(Public records, general municipal)
206-447-4674
[email protected]
Sven Peterson
(Public records, general health care)
206-447-5955
[email protected]
Municipal Research Services Center
Public Records Act manual
http://www.mrsc.org/Publications/pra06.pdf
Association of
Washington
Public Hospital
Districts