Fall Conference Follow-Up
Please continue to check back for follow-up information from the WAPRO Fall 2021 Virtual Conference.
- Section 1A: PRA as a Prelude to Litigation Q&A Follow-Up
- Section 1B: Case Law/Legal Update Q&A Follow-Up
- Section 2A:
- Where does it state that an agency isn’t obligated to answer questions? See the Model Rules, WAC 44-14-04002(2) interpreting the RCW that an “identifiable public record” is not a request for information in general. There are also cases referenced here.
- Where does it state that an agency cannot direct a requester to another agency? See WAC 44-14-04004(4)(a).
- Section 2B: Tech Tools for Public Disclosure Q&A Follow-Up
- Section 2D: Managed Records are Accessible Records Presentation Notes
- Section 2D Managed Records are Accessible Records Presentation Q
Clarification on Electronic Databases and the Public Records Act
Following up on a question raised during the conference, determining when records from electronic databases must be produced in response to a public records request may present unique issues. While an agency is not required to create a record to respond to a PRA request, there is not always a simple answer as to when an agency is producing an existing document as compared to creating a new record. An agency needs to look at the specific facts of each case. See Fisher Broad.-Seattle TV LLC v, City of Seattle, 180 Wn.2d 515, 326 P.3d 688 (2014).
The PRA model rules note that with respect to databases, “there is not always a simple dichotomy between producing an existing record and creating a new record.” WAC 44-14-04003(6). The model rules further note that an agency may decide in certain situations to provide a customized service and if so, assess a customized service charge, to prepare data compilations when such customized access services are not used by the agency for other business purposes.
Public records staff should work with their legal advisor(s) to determine the best way to respond to requests seeking records from electronic databases.