City attorney reviews Washington Public Records Act with College Place council

City Attorney Eric Ferguson delivered a concise overview of the Washington Public Records Act at the Jan. 6 council workshop, focusing on training deadlines, the definition of public records, and practical steps officials should take to avoid inadvertent disclosure or improper destruction of records.

Ferguson told council members they must complete required training within 90 days of taking office and recertify with a refresher every four years. He underscored how broadly 'public records' is defined in Washington: "public record is defined as a writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics," and he warned, "Assume everything's a public record, which it is." He recommended the Attorney General's training module as a straightforward way to meet certification requirements.

Ferguson also flagged common pitfalls: using personal emails or phones for city business can trigger searches and affidavits to show what was searched; retention schedules vary by record type; and intentionally destroying required records can carry serious legal exposure. He offered to provide links and to help council members retrieve or certify existing records. Council members asked clarifying questions about transferring historical personal-account communications into agency custody and about how long records are retained under different schedules.

Ferguson closed by urging council members to contact him or the clerk with questions and reminding them not to email the entire council about substantive matters (such exchanges can constitute an improper, serial deliberation).