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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  HB 1595 – 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 (con’t)  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 (con’t)  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 PRO’s  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


WPPA 2017 Finance & Admin - PRA Reform, WPPA, Johnson  
WPPA 2017 Finance & Admin - PRA Reform, WPPA, Johnson