Washington State Department of Social and Health Services - JLARC (2024) Agency Costs Fulfilling Public Records Requests Including Litigation for the year 2024

January 12, 2025

via email to "DSHS Public Disclosure" <DSHSPublicDisclosure@dshs.wa.gov>

Washington State Department of Social and Health Services - JLARC (2024) Agency Costs Fulfilling Public Records Requests Including Litigation for the year 2024
 
To whom it may concern,

RCW 40.14.026(5)

“To improve best practices for dissemination of public records, each agency with actual staff and legal costs associated with fulfilling public records requests of at least one hundred thousand dollars during the prior fiscal year must… report to the joint legislative audit and review committee by July 1st of each subsequent year the following metrics, measured over the preceding year:

RCW 40.14.026(5)(l)

(l) The estimated costs incurred by the agency in fulfilling records requests, including costs for staff compensation and legal review, and a measure of the average cost per request;

RCW 40.14.026(5)(o)

(o) The costs incurred by the agency with managing and retaining records, including staff compensation and purchases of equipment, hardware, software, and services to manage and retain public records or otherwise assist in the fulfillment of public records requests;

PUBLIC RECORDS REQUEST RCW 42.56

Pursuant to the Washington Public Records Act [RCW 42.56] I hereby request the following records:

1. Please provide all "Public Records" (as defined by WAC 44-14-03001) detailing costs incurred by your agency in fulfilling records requests, including staff compensation, legal review, and any public records related litigation costs and/or legal settlements for the year 2024 and complete copies of all records request realted fee payments paid to your agency in 2024.

Responsive public records should include but are not limited to:

Supplies and services external services (e.g., printing services, large format printing) Mailing costs, supplies (CDs, DVDs, USB sticks, etc.) Staff compensation and benefit records, copies of payments of Public Records Fees Collected, Software licensing, public records portal and database software licensing and costs, purchases of equipment, hardware, software, and services to manage and retain public records or otherwise assist in the fulfillment of public records requests, professional services Agency staff costs, copies of billing for all Legal costs – including copies of all litigation Legal settlements related to public records requests litigation of any kind and copies of costs for staff time associated with invoicing and collection.

RECORDS INSTALLMENTS

If production of responsive records will be completed in multiple installments, please begin by producing records in the numerical order requested by subject matter and year. The most recent public records should be produced first.

DEFINITION OF RECORDS AND WRITINGS

RECORDS AND WRITINGS as defined by RCW 42.56.010(4): any handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.

PRODUCTION AND DELIVERY OF ELECTRONIC RECORDS

Please provide all records in their native electronic format. Please do not instead create new records by printing electronic files then scanning and printing the newly scanned prints.

The use of 3rd party “portals” (Such as GOVQA or NEXTREQUEST) for communication and production of records in response to a public records request is optional for the requestor in the State of Washington. Respectfully we decline to use any 3rd party "portal" system, specifically GOVQA and NEXTREQUEST. Please provide all records electronically via direct email attachment, or via no password, no registration internet cloud-based download link.

Please do not direct or invite us to use, register for, or communicate with your agency via any 3rd party portal including but not limited to FOIAOnline, GovQA, NextRequest, FOIAExpress, JustFOIA FOIADirect, WebForm, or any other commercial 3rd party records portal service.

Constructive Notice: Any and all communication(s) received on behalf of your agency in reference to this Public Records Request (RCW 42.45) from any unauthorized for-profit 3rd party company doing business outside the State of Washington will be the subject of a new public records request to your agency as to the origin and purpose of the communication as well as the identity of the sender of the communication.

PUBLIC RECORDS REQUESTS SUBMITTED VIA EMAIL

RCW 42.56.080 - Identifiable records—Facilities for copying—Availability of public records.

"...Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page."

This public records request is being made via email. This public records request will be honored and fulfilled by your agency via email as requested or relief will be sought per statute.

NATIVE ELECTRONIC FORMAT

Please provide all identified public records in their NATIVE electronic format. Unless the records exist IN PAPER FORM ONLY, DO NOT instead create new records by printing native stored electronic files, then scanning and re-printing these newly scanned prints only to reproduce them in again in electronic production.

EMAIL RECORDS

Please provide any and all email records in NATIVE .pst electronic format.

FEES

In the event that there are fees, please inform us of the total charges in advance of fulfilling the request in strict compliance with all provisions of the Washington State Public Records Act.

EXEMPTION - FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

Take caution with the broad application of redaction and withholding of identified public records claiming "global FERPA" exemptions. When an agency claims an exemption for an entire record or portion of one, it must inform the requestor of the statutory exemption and provide a brief explanation of how the exemption applies to the record or portion withheld. RCW 42.17.310(4)/42.56.210(3). The brief explanation should cite the statute the agency claims grant an exemption from disclosure. The brief explanation should provide enough information for a requestor to make a threshold determination of whether the claimed exemption is proper. Global, nonspecific claims of exemption such as "FERPA" are insufficient. One way to properly provide a brief explanation of the withheld record or redaction is for the agency to provide a withholding index. It identifies the type of record, its date and number of pages, and the author or recipient of the record (unless their identity is exempt). The withholding index should allow a requestor to make a threshold determination of whether the agency has properly invoked the exemption. There are several exceptions to the FERPA exemption and any agency silently withholding large swaths of public records citing "FERPA!" without providing the original identified record, properly redacted, or if withheld in its entirety, providing a record description and page count or record length, will be challenged in accordance with RCW 42.56.550 if a reasonably detailed withholding index or exemption log is not included.

EXEMPTION LOGS

Please ensure all redactions or exemptions claimed by your agency in the production of responsive records are accompanied by a complete and detailed exemption log noting the valid legal reason for each exemption at each redaction location in the record produced, as well as the specific number of pages if any that your agency redacts or withholds in their entirety. Each redaction should be noted by footnote or by a clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld.

COMMERCIAL PURPOSE DECLARATION

The Washington State Public Records Act prohibits the disclosure of “lists of individuals” for a commercial purpose (RCW 42.56.070(8)). I declare this public records request is not being made for any commercial purpose whatsoever. Also, this public records request is not being made for a "list of individuals." This declaration satisfies all requirements of RCW 42.56 regarding prohibitions on lists and commercial purposes. No additional commercial purpose declaration will be completed for this public records request.

COMMUNICATION VIA EMAIL

Please send all requests for clarification, status updates, and production of responsive electronic documents via direct email.

The requested documents will be made available to the general public.

Thank you in advance for your anticipated cooperation in this matter. We look forward to receiving your response to this request within 5 business days, as the statute requires.

Good Luck.