Public Access to NEWESD 101 records
Date Revised: 08/15/06
Date Revised: 02/15/11
Mindful of the right of individuals to privacy and of the desirability of efficient administration of NEWESD 101, full access to information concerning the administration and operations of the organization shall be afforded to the public as provided by the Public Disclosure Law.
The provisions of this policy shall be liberally construed to promote continuing public confidence in the efficient administration of NEWESD 101. In promoting such complete disclosure, however, this policy shall be enforced so as to ensure that the information disclosed will not be misused for arbitrary and capricious purposes and to ensure that all persons who may be named in public records contained by NEWESD 101 will be protected from harassment and unfounded allegations based on information they have freely disclosed to the organization. Public access to NEWESD 101 records shall be afforded according to the administrative procedures developed by the Superintendent and periodically reviewed by the Board.
The Superintendent shall have the responsibility and authority for ensuring compliance with the display, indexing, availability, inspection and copying requirements of state law and this policy. As such, he/she shall authorize the inspection and copying of NEWESD 101 records only in accordance with the criteria set forth in this policy. The Superintendent may delegate the management of these duties.
In accordance with RCW 42.56, NEWESD 101 shall make available for public inspection and copying all identifiable, reasonably locatable and reasonably translatable NEWESD 101 records, or portions, as provided in state law. Records will be available for inspection and copying during normal business hours, Monday through Friday, (8 a.m. to 5 p.m.), excluding legal holidays. Records will be available for inspection in the offices of NEWESD 101.
Access to a public record can be provided by allowing inspection of the record, providing a copy or posting the record on the agency’s Web site and assisting the requester in finding it. NEWESD 101 shall provide access only to records in existence at the time of the request. It is not required to create public records in response to a request.
If a request is significant/broad or part of a larger set, NEWESD 101 may make the records available on a partial or installment basis.
If NEWESD 101 denies any request, in whole or in part, for inspection and copying of records, requesting party shall be provided with a written statement of the reason for the denial setting forth the specific exemption (and statutory section) which applies.
If the record which is requested for inspection and/or copying contains both information exempted from disclosure and nonexempt information, NEWESD 101 shall, to the extent
practicable, produce the record with the exempt portion deleted and shall provide a written explanation for the deletion.
Access to lists of individuals which the requesting party intends to use for commercial purposes or which NEWESD 101 reasonably believes shall be used for commercial purposes, if such access is provided, shall not be provided.
To request NEWESD 101 records, the requester shall:
A. Submit the request in writing (to the Superintendent or designee) at the Superintendent’s office.
B. Include his/her contact information (e.g., name, address and other available information including telephone number, FAX and e-mail address.
C. Include the time and date of the request and a description of the information requested.
D. Indicate how he/she wishes to see the record (.e.g., inspecting the record or receiving copies).
E. Provide an assurance that the names of individuals included in records will not be used for commercial purposes.
If the requester seeks copies, NEWESD 101 should notify him/her of the projected cost (orally or in writing) and whether a copying deposit is required before the copies will be made. NEWESD 101 may impose a reasonable charge, which the organization has determined to be fifteen cents ($.15) per letter sized page, for providing copies of public records according to RCW 42.56.120. Costs of copying will be paid by those making such requests.
The Superintendent is authorized to seek an injunction to prevent the disclosure of records otherwise discloseable when he/she determines that there is reasonable cause to believe that the disclosure would clearly not be in the public interest and would substantially and irreparably damage any person or would substantially or irreparably damage vital governmental functions.
Reference: Chapter 42.56 RCW, chapter 44-14 WAC