Tips make record gathering easier

By Adam Lynn
The Spokesman-Review

Obtaining public records can be a daunting task to the uninitiated.

Musty files stored in the bowels of the county courthouse and encrypted data squirreled away on state computers can seem as unattainable as the summit of Everest for many people.

Government workers who don't understand the state Public Records Act or choose to ignore it can make the chore all the more difficult.

But by exercising patience, persistence and precision, residents should be able to get their hands on most of the public documents they need, experts say.

"It can take time. It can take effort. But it can be done," said Chip Holcomb, a public records expert with the state Attorney General's Office in Olympia.

Here are a few tips that should help in a quest for public records:

- Be precise. It is much easier for government workers to track down a record if they know exactly what you're looking for. It also will be less expensive for you should you desire copies of a record. The entire county zoning code may be hundreds of pages long, while the section you seek on backyard decks may be only a few paragraphs. Also, try to determine which office holds the records you need. Asking someone in the building permit office for a copy of your property tax statement will only lead to frustration for both you and the building official.

"Make your request as specific as you can," Holcomb said. "And be willing to be flexible in working with an agency to narrow your request."

Remember, lots of things are public records, according to the act. That includes documents, film, recordings, magnetic tapes, electronic databases and anything else that relates "to conduct of government or performance of any government function that is prepared, owned, used or retained by the agency."

And just because one part of a record may be exempt from disclosure doesn't mean the whole thing is. Officials must black out the exempted portions and turn over the rest.

Be pleasant. Bureaucrats behind the counter at City Hall or the desk at the state Department of Ecology are people, too. Remember, many officials respond to records requests in addition to their other duties. Your need for a record may not be that person's top priority.

A bureaucrat will be much more inclined to help you find what you're looking for if you approach that person with a smile and kind word.

"Start out being as courteous as possible," Holcomb suggested. "Start out treating the people across the desk as a real person, not the spawn of the devil, and you'll almost always get better cooperation." Sometimes an oral request will be granted on the spot. If not ...

Be persistent. Go in with the assumption that what you want is a public record. The act contains many specific exemptions, but it is not your responsibility to determine if the record you want is exempted.

The Public Records Act contains a strongly worded mandate for broad disclosure of government records. The act is not a "need to know" statute.

"In other words, a government agency or bureaucrat cannot make you explain why you want to see a record," according to Access, a public records guide produced by the Western Washington Chapter of the Society of Professional Journalists.

If you run into resistance, ask to speak to a supervisor. If you gain no satisfaction there, make your request in writing and keep a copy for yourself.

Make sure you cite the Public Records Act (RCW 42.17) in your request.

"The agency should be put on notice that this isn't a casual affair," Holcomb said.

Also, make sure you include a date on your request, Holcomb said.

Government agencies have five business days to respond to your request once it is received. At the end of that five days, the agency may decide to fulfill the request, deny it or indicate it needs more time to address it.

Denials must be made in writing and must cite the specific exemption detailed in the act.

If all your efforts fail, contact an attorney or ask the Attorney General's Office to review any state agency's denial of your record. You may qualify for court fees if a judge deems your request was inappropriately denied.


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