Clallam County staff push back on proposed state model rules for public records, cite unfunded workload

Clallam County public records staff briefed commissioners on Dec. 16 about proposed amendments to the attorney general’s model rules for public records (WAC 44‑14) and sought direction on submitting comments.

Staff described several recommended changes in the petition before the attorney general: prioritizing small and simple requests over larger ones, an encouragement to provide a single readily available record within one business day, limits on storing public records solely on personal devices, and requirements for greater documentation of denials and redaction rationale. The model rules are nonbinding but are used as best practice and can inform court determinations about whether an agency acted in good faith.

Public‑records officers told the board they already prioritize simple requests and provide installment deliveries for complex ones, but they said a one‑business‑day expectation is unrealistic for records that require legal review or for video that must be redacted because redaction workflows and staff availability constrain turnaround. "One day is unrealistic, and even five days for certain records is going to be unrealistic," a public records manager said.

Staff also warned that mandates to require additional logs and third‑party notice, and to suspend closure of requests until requesters affirm abandonment, would create substantial extra administrative work without specified long‑term funding. Commissioners and staff discussed the state’s limited grants and the difficulty of sustaining staffing for newly imposed requirements. They agreed to prepare a draft comment letter that would be sent jointly with the sheriff and other stakeholders and to copy local legislators to highlight potential unfunded mandates.

The board asked staff to supply suggested language that clarifies which requests legitimately require longer review (for example, body‑worn camera video that must be redacted) and to propose pragmatic default timelines (e.g., 30 days unless mutually agreed). Staff recommended the county support provisions that require agencies to make records available electronically when reasonably possible and to prohibit sole storage of public records on private accounts.

Commissioners directed staff to draft a joint comment letter and to return with the draft by early January for review and possible ratification on the board’s regular agenda. The sheriff and the public records office encouraged requesters to narrow "any and all" requests to speed responses and reduce redaction burden.