Eric Johnson, Executive Director Washington Public Ports Association WPPA Finance & Administration Seminar June 14, 2017
Charges for Electronic Records ď‚— We have finally moved into the 21st Century
Two Bills Passed this Year that Reform the Public Records Act ď‚— HB 1595 â€“ Authorizes charging for electronic records;
actual cost or a default fee.
Calculating Actual Costs You are authorized to charge actual costs for electronic
production or file transfers, the use of cloud-based storage, and cost of transmitting. If calculating actual costs is unduly burdensome, you may charge: ➢ 10 cents/page ➢ 5 cents for every four attachments, and ➢ 10 cents per gigabyte
• You may also charge a flat fee of $2 as a default.
Custom Service Charge ď‚— You may assess a customized service charge for records
that require preparation of data or customized electronic services. This is in addition to the copy charge.
Custom Service Charge (conâ€™t) ď‚— You may not assess a custom charge unless you notify
the requestor, explain the charge, and provide a cost estimate. The requestor may then amend their request, or seek judicial review of it.
Custom Service Charge (conâ€™t) ď‚— You may request a deposit of up to ten percent of the
estimated custom service charge.
Excessive Requests A request for all (or substantially all) of an agencies
records is not a valid request. You may ignore requests generated by a “bot”
We have homework … These changes in law will require a lot of judgment.
WPPA will be working with other local government associations and the state to develop “model policies” for you to use.
New Tracking Mandate Another bill that passed (HB 1594) creates a
consultation program by the AG, and a grant program funded with a $1 dollar document recording fee The bill also requires performance measures, and requires agencies to log: ➢ ID of requestor ➢ Date and time of request ➢ Description of records produced or withheld ➢ Agencies with more than $1oo K in annual costs must
track additional data
New Training for PROâ€™s ď‚— Public Records Officers must now, in addition to
existing training, be trained on retention, production and disclosure of electronic documents.
These are not all the changes ď‚— This is not a comprehensive overview of all of the
changes to the PRA. ď‚— There are other changes regarding the definition of a record, and more. ď‚— We will work to get you comprehensive guidance.
The changes take effect in July ď‚— These changes take effect July 23, 2017