
The Washington Association of Public Records Officers (WAPRO) is a non-profit corporation founded to provide education on the Public Records Act to public disclosure practitioners and to provide a forum for public records officers and those involved in responding to public records requests to discuss issues associated with the Act.

Save the Date - Fall Conference - October 18, 2013
Fall conference planning is now underway! The event is scheduled for Friday, October 18, 2013 at the Meydenbauer Center in Bellevue, Washington.
WAPRO Spring Training Recap
Thanks to all who attended the 2013 Spring Training in Everett, Washington on April 30, 2013. Conference materials are now posted for download in the Toolkit for members.
April 2013 Newsletter
The Executive Board of WAPRO is pleased to provide you with its April 2013 WAPRO Newsletter. Take a look inside to learn about what's happening in the world of public records.
Congratulations to the following WAPRO Members who have achieved their Certified Public Records Officer designation! Charles Bates, Alice Bush, Amy Cleveland, Caroline Darrow, Harwood Edvalson, Cynthia Hernandez, Sharon Johnson, Joanna Lee, Mary Leider, Suzie Phillips, Ramona Roberts, Edward Schilke, and Jodi Warren
CITY OF PASCO POSTS A VIDEO "The Public Records Act: Cities in a Maze"
Please note this is not a WAPRO sponsored video, however the subject matter is consistent with issues relating to public records officers and compliance. Selecting the following hyperlink takes the viewer away from WAPRO's website.
PSC TV "The Public Records Act: Cities in a Maze"
Heroes of Open Government
Watch WAPRO founder and Everett Assistant City Attorney Ramsey Ramerman's presentation on "Heroes of Open Government" from the Washington Association of Public Records Officers 2011 Annual Conference.

Question:
The public agency I work for recently conducted an internal investigation into the conduct of an employee who works in the field. Is our internal investigation subject to disclosure under the Public Records Act, or is there an RCW that exempts it? We are concerned that if some of the records, such as interview notes, were disclosed, it would create concern of retaliation and make some employees hesitant to cooperate in the future. We are aware of Bainbridge Island v. City of Puyallup, but I wanted to see if there was a way to keep some of the records created as part of the investigation confidential?
Discussion:
There are several possible exemptions that may apply to at least some of the information, but it's unlikely that most of the internal investigation will be exempt under the Public Records Act. Moreover, this is not legal advice, so make sure you work with your attorney before you withhold any records.
1) If the investigation was a criminal investigation or an investigation of a law enforcement officer, parts might be subject to redaction based on the need for effective law enforcement. Your agency would need to show that disclosure would interfere with your ability to conduct that investigation or some future law enforcement investigation. This standard could apply whether the allegations are substantiated or not, but would be a very high bar to meet after the original investigation is complete.
2) If the alleged misconduct was unsubstantiated but so heinous that the mere disclosure of the allegation would substantially harm the employee's reputation, particularly if it is sexual in nature, you could redact the identity of the employee. Moreover, if such a redaction would not protect the employee's privacy, there may be a constitutional argument for confidentiality. Most allegations are not heinous enough and there is no case law on the possible constitutional argument, so proceed with caution if you are looking at this possibility.
3) If there are other employees identified in the record and disclosure would be highly offensive to that employee, you may also be able to redact that employee's identifying information if there is no legitimate public interest in knowing that identity. An example of this would be if a supervisor was alleged to have sexually harassed an employee and the supervisor and victim had engaged in sexual conduct, you might be able to redact the victim's identity. But the mere fact that an employee wants to remain anonymous is not enough.
4) If your primary intent in conducting the investigation was to defend against anticipated legal claims (either a lawsuit or and administrative claim, for example to the EEOC), the investigative records might qualify as “work product.” This will not apply to every employee investigation – rather your agency will have to show that in this particular case, based on its particular circumstances, your response was made in anticipation of litigation and it was not your standard response. On the other hand, if you have a policy that mandates an investigation and you handled this allegation like any other allegation under the policy, it would be difficult to show it was work product.
If none of the above apply to your situation, and the allegations that were being investigated were substantiated, the best approach might be to send out a third party notice if there is a chance someone would be concerned about disclosure of the investigation to which they were a party.

Upcoming Training Events
WAPRO Fall Conference
October 18, 2013
Bellevue, WA
Past Training Events
WAPRO Spring Training - Balancing Public Records Act Compliance with Competing Demands & Limited Resources
April 30, 2013
Everett, Washington
Conference Agenda
Conference Materials (members only)
WCIA Presents: Give Your PRA Policies a Tune Up!
April 29th
Tips and Tricks on how to set up and use RSS feeds
(Note: News links will take you away from WAPRO's website. WAPRO is not responsible for changing ad content surrounding the articles.)
From Washington and the world
for the week of 6/17/2013
WASHINGTON STATE Court Cases Monroe inmate wins pro se public records lawsuit against DOL Supreme Court takes up KOMO suit against SPD SPD admits illegal withholding of May Day memo, pays Times $20k settlement OUTSIDE WASHINGTON STATE Costs DC $1.03 million cost estimate for AP records request = highest ever TN Child Services to charge $35,000 for newspaper records request LA Charter school pays attorneys thousands to handle public records requests Court Cases NM Bill the Kid records case costs taxpayers almost $200k USA Challenges to government phone record surveillance face legal obstacles GA Former student sues Univ System of GA for withholding public records GA Kia, state appeal Supreme Court to make public employment records access a privilege, not a right OH Appeals court rules prosecutor violated Public Records Act by withholding 911 tape VT ACLU sues private prison company for public records OK Appeals court rules police dash-cam videos are public records IN Judge rules Google must give user info to FBI VA U.S. Supreme Court says non-residents have no right to another state's records Government Accountability DC White House releases Benghazi records DC AP CEO calls DOJ phone records seizure 'unconstitutional' PA Charter schools ignore public records law Is it Public? USA Link blog: when are public officials' private calls and e-mails public? Laws & Legislation MI Lawmakers consider cutting fees for public records requests FL Voter computer registration OKd, e-mail address exemption vetoed by Scott CA Budget bill amendment limits public access to government records Open Government AZ Flagstaff council considers limiting number of public records requests per person USA NSA Chief declassifies phone records details RI Despite 2012 access law, less info is made public now USA NSA informant Snowden risks long prison term for PRISM leaks USA President describes info surveillance as trade-off for security TN Judge orders more DCS records released NH AG says public has no legal right to police logs IA Iowa Public Radio operates under open public meetings laws USA Danger next door: fear of terrorists keeps chemical stockpile records scarce Opinion USA Unwarranted hysteria over Verizon data collection USA Supreme Court unanimously wrong on Virginia FOIA decision DC US public should know about government collection of phone, Internet records CT Bill restricting access to Newtown shooting records goes too far NC On public gun records: what if they become private? USA Why Supreme Court decision on interstate FOIA is absurd Privacy USA The history behind America's most secretive court USA What the NSA phone snooping uproar is all about USA History of mass surveillance in the U.S. USA What you should know about NSA collecting your telephone records USA PRISM revelations renew debate about government intelligence oversight PA FBI visits Snowden's family in upper Macungie USA CIA bomb plot briefing may hurt DOJ case for AP phone records seizure DC Records of Yemen bomb plot info leak probe give new perspective on federal investigations Records Retention USA Fed records chief details e-mail recordkeeping programs Withholding CT Connecticut lawmakers pass bill to keep murder records secret CT Newtown 911 calls ordered produced to state FOI commission MD Land use agency withholds public records affecting black community property values
TRANSPARENCY NEWS ARCHIVES
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