Public Records Requests

Purpose and Scope
It is the policy of PUD No. 1 of Clallam County (the “District”) to make identifiable, non-exempt public records available for inspection and copying upon a proper request made in accordance with the Public Records Act, Ch. 42.56 RCW (the “Public Records Act” or the “Act”). The District shall provide the public full and timely access to such records while remaining mindful of individuals’ privacy rights and the desirability of the efficient administration of
District business.

Under the Public Records Act, the District shall make available for inspection and copying nonexempt public records in accordance with published rules. The Act defines a public record as any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared,
owned, used or retained by the District regardless of physical form or characteristics.

The purpose of these rules is to establish the procedures that the District will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records, as well as provide procedures for District staff to follow in completing their duties to provide public records as requested.

The purpose of the Act is to provide the public full access to information concerning the conduct of government, while protecting the personal privacy of individuals. In carrying out its responsibilities under the Act, the District will be guided by the provisions of the Act describing its purposes and interpretation.

Availability of Public Records 
All public records of the District are deemed to be available for public inspection and copying pursuant to this policy except where such public records are exempt from disclosure or disclosure is prohibited.

Public records are available for inspection and copying during the District’s normal business hours. Records will be made available at the District’s main office at 104 Hooker Road in Carlsborg, WA, except that in some cases the records will be available at another District office (Forks or Sekiu). Records may be inspected only at the District’s office where the records are located. Records are not to be removed from District property. Inspection of District records will be supervised by a member of staff.

Requests For Public Records
The District’s “Request for Public Records” form is available below or from District offices in Carlsborg, Forks and Sekiu. The District prefers that persons requesting information use the standard
form to assist in accurately accessing which records are being requested.

A written request submitted on other than the standard form shall include the following information:

  1. The name of the person requesting the record;
  2. The requestor’s address, phone number, and email address;
  3. The date of the request; and
  4. A description of the record requested.

Records requests should be directed to the Public Records Officer as follows:

  1. Hand-delivered to the District’s main office at 104 Hooker Road in Carlsborg; or
  2. Mailed to the District at: PO Box 1000, Carlsborg, WA 98324
  3. Faxed to 360-681-5474; or
  4. Emailed to publicrecords@clallampud.net

Any records request that is made directly to a District department shall be delivered to the Public Records Officer immediately upon receipt for coordinated processing.

Responding to Public Records Requests
Within five business days after receiving the request, the District shall respond in one or more of the following ways:

  1. Make the records available to the requestor for inspection and/or,. copying;
  2. Provide the copies to the requestor by mail, email, or in person;
  3. Provide an internet address and link on the District’s web site to the specific records requested, except that if the requestor notifies the District that he or she cannot access the records through the internet, then the District must provide copies of the record or allow the requestor to view copies using a District computer;
  4. Acknowledge receipt of the request and provide a reasonable estimate of when the records will be available;
  5. Acknowledge receipt of the request and, if the request is unclear, request that the requestor clarify what information the requestor is seeking (clarification may be made by telephone; upon clarification, the estimate of when records will be available may be revised); or
  6. Deny the request and provide a written statement of the specific reasons for the denial. The five-business-day response period begins on the first business day following the District’s receipt of the written request.

In the event that a requested record contains information that may affect rights of others and may be exempt from disclosure, the Public Records Officer may, prior to providing the record, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible
for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons shall include a copy of the request.

Upon notification that the requested records are ready for inspection, the requestor must claim or review the assembled records within thirty days of the notification. If the requestor or a representative of the requestor does not respond within the thirty-day period, the District may consider the request closed and re-file the assembled records. A new request for the same records will be handled in the order it is received.

If a public records request is made at a time when the record exists but is scheduled to be destroyed in the near future under the District’s Records Retention Schedule, the District shall not destroy or erase the record until the disclosure request is resolved. Once
the request is closed, the record may be destroyed.

Exemptions
The District shall make all public records available for public inspection and copying unless the record falls within the specific exemptions of the Public Records Act or other statute that exempts or prohibits disclosure of specific information or records. Requestors should be aware of the following commonly applied exemptions found in state or federal statutes outside of the Public Records Act, that restrict the availability of some documents or
portions of documents for inspection and copying:

  1. Attorney-Client Privilege;
  2. Uniform Trade Secrets Act; and
  3. Protected healthcare information under the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Additional exemptions may apply.

Any denial of a request for public records, and any redaction of a record that is produced in response to a request, shall be accompanied by a written statement specifying the reason for the denial or redaction, including a statement of the specific exemption authorizing the withholding of the record or portion of the record and a brief explanation of how the exemption applies to the record withheld or to the redacted material.

A law enforcement authority request to inspect or copy records of any District customer will be answered only upon the receipt of a completed form or written request stating that the authority suspects that the customer has committed a crime and that
the authority has a reasonable belief that the records could help to determine whether the suspicion is true.

The District is prohibited from releasing lists of individuals requested for commercial purposes. If the District receives a request for a list of individuals, the District may ask the requestor if he or she intends to use the records for a commercial purpose and require the requestor to provide information about the purpose of the use of the list.

Charges For Copying
The District is not allowed to charge for locating public records or for making records available for review or inspection. The District has adopted the State Legislature’s approved fees and costs for
providing copies of most of the District’ records, as authorized in RCW 42.56.120.

Review Of Denial Of Request
Any person who objects to the initial denial or partial denial of a records request may petition in writing (including by email) to the Public Records Officer for a review of that decision. The petition shall include a copy of or shall reasonably identify the written statement by the Public Records Officer or designee denying the request. The Public Records Officer shall promptly provide the petition and any other relevant information to the District’s General Manager, or his or her designee, who, as soon as practicable, shall
consider the petition and either affirm or reverse the denial.

Please note: your request is also subject to a records request and the log of requests is available for disclosure.

Listed below are links to printable documents should you wish to print at home. If you have any questions beyond the scope of the information contained in the brochure, please contact our Public Records Officer at 360-452-9771, or via e-mail at publicrecords@clallampud.net

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