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POLICY 205
SERIES 200 - STRUCTURE AND ORGANIZATION
Date Adopted: 05/17/88
Date Revised:
08/15/06
205 Public Access to ESD Records
Mindful of the right of individuals to privacy and of the
desirability of efficient administration of the ESD, full access to information
concerning the administration and operations of the ESD 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 the ESD. 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 the ESD
will be protected from harassment and unfounded allegations based on information
they have freely disclosed to the ESD. Public access to ESD 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 shall authorize
the inspection and copying of the ESD's 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 Chapter 42.56, the ESD shall make
available for public inspection and copying all ESD records, or portions, as
provided in state law. If the ESD 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,
the ESD 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 the ESD reasonably believes shall be
used for commercial purposes, if such access is provided, shall not be provided. The requester shall comply with the following:
- Request shall be made in writing (to the superintendent or designee)
at the superintendent’s office or may also be submitted by mail.
- The request shall include the name of the person requesting
information, the time and date of the request, and a description of the
information requested.
ESD 101 may impose a reasonable charge, which the ESD has determined
to be fifteen cent s ($.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: RCW 42.56
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