Sammamish clerk trains planning commissioners on public-records and open-meetings rules

City Clerk Krista Kilsmeier told the Sammamish Planning Commission on June 5 that commissioners’ communications and notes about city business are public records and described how the city handles requests under the Washington Public Records Act.

Kilsmeier said commissioners and the public should understand that “the definition of a public record is up there. The main thing to remember is it's regardless of physical form or characteristics,” and that records can include “handwritten note[s] … voice mails, Zoom recordings” and email. She told commissioners the city must respond to a public-records request within five business days: “We get a request. We have to respond within 5 business days.”

The clerk’s office walked through common scenarios commissioners face: requests for meeting minutes, emails and copies of letters read during public comment (she noted a request given the identifier 6377 as an example), searches that date back to 2020 and the city’s ability to provide records in installments. Kilsmeier said the office issues a formal closure on requests to protect the city and inform requesters of appeal deadlines under the PRA.

Kilsmeier cautioned commissioners about using personal devices and accounts for city business. She said the easiest approach is to use city email for official communications and avoid forwarding city email to personal accounts because that can create duplicate records. She also noted that requesters may seek records from personal devices: “Public records requests don't just go to staff. Public records requests don't just go to our public disclosure officer. If you have a person from the public who is looking for a record, that is a public records request.”

On retention, Kilsmeier explained the concept of transitory records — material with no ongoing value that the agency need not retain — and gave examples such as a quick “call you back” note or a short “running late” text. When Commissioner Ajay Chakrapani asked whether a text about being late could become part of a serial-meeting problem if forwarded, she said those running-late messages are generally transitory and can be deleted once no longer needed, though forwarding can create more records.

The clerk also reviewed the Open Public Meetings Act and guidance from MRSC about serial or rolling meetings: she warned that back-and-forth electronic communications among a quorum can constitute a meeting and said a safe practice is to respond one-on-one to staff rather than “reply all.” She advised commissioners to report substantive ex parte contacts (for example, an unsolicited approach from a developer) at the next public meeting so all members have access to the same information.

Kilsmeier covered practical steps for commissioners: use the city-provided email account for city business where possible, do not forward city email to personal accounts, expect that handwritten notes about city business may be requested, and follow the clerk’s off-boarding certification process when leaving a commission seat. She described the city’s records search and fulfillment process, the option to provide records in installments, and that some requests can take months to complete depending on scope.

Commissioners asked clarifying questions about printed materials, retention periods, whether the city could be compelled to seize personal devices (she said recent rulings do not require seizure but the city can request records), and how to distinguish acting as a private resident versus acting as a commissioner when emailing officials. The clerk reiterated that a message sent to a city address is a public record because of who received it.

The briefing closed with practical reminders from commissioners and staff: avoid replying to all on commission-wide emails to prevent inadvertent serial deliberations, forward public queries to staff or the front desk so they can be handled on the record, and consult staff or the city attorney where a conflict of interest or recusal question arises.