Public Record Request Response in accordance to Covid 19
General Overview and Some Suggestions With Respect to Proclamation 20-28 PRA: Agencies must still respond to PRA requests during the COVID-19 disease outbreak.
Click here to read Proclamation 20-28
Ø However, the proclamation temporarily suspends PRA language requiring agencies to provide an ability for the public to conduct PRA business at an agency office, in-person, such as in-person inspection of records or in-person submission of PRA requests.
Ø The proclamation also temporarily suspends the PRA requirement that agency offices must be open for public inspection and copying of public records for a minimum of 30 hours per week. Agencies must still have their hours posted on their websites.
Ø The proclamation also temporarily suspends the PRA requirement that agencies respond to PRA requests within five business days.
No In-Person PRA Business. To implement the proclamation, agencies should not provide or arrange for in-person PRA business contacts with the public at agency offices (facilities). Examples of in-person PRA business contacts that are temporarily on hold at this time are activities permitting a requestor to walk into an agency office or facility during customary business hours to: submit a PRA request, physically inspect records or agency PRA procedures, copy records, and do other walk-in activities during business hours such as pay for and/or pick up copies of records. Agencies should instead use alternative communication methods for PRA business with requestors such as phone, U.S. mail, email, an online portal, or other communication methods that do not require in-person contacts with requestors.
If agencies have scheduled in-person inspections of records at agency offices during the time the proclamation is in effect, they should immediately contact the requestor and cancel those appointments. We suggest agencies should explain the reason. We suggest agencies can then consider options. For example:
- As one option, agencies can reschedule the inspection appointment to a later date.
- As another option, an agency could inquire if, rather than inspection, the requestor will instead accept copies. If the requestor will accept copies, the agency would explain when and how the records or an installment will be provided, and copy fees.
- As another option, an agency could also inquire if the requestor wants to withdraw his/her request to inspect records and re-submit it later when agency business returns to normal.
- As another option, if there are commonly-requested records submitted by many requestors during this event, an agency could also post them on its website and direct requestors to the website so they can inspect records remotely.
- There may be other options, too.
We also suggest agencies post the new information --- concerning no in-person PRA business at this time and the reason --- on their agency websites. They may wish to consider distributing that same information through other means, such as media releases or stakeholder notices, social media, or other mechanisms. We suggest that in those communications they also describe the alternative communication mechanisms and other such arrangements for PRA business. Agencies will also want to distribute that information to their staff who process PRA requests. We also suggest that if an agency has not already done so, it should post on its website the methods for the public to remotely contact the Public Records Officer, such as providing the agency’s PRA email address.
Five Business Days. As described, agencies must still respond to PRA requests. Under normal circumstances, agencies are required to send a response within five business days of receiving the request (excluding day of receipt). However, these are not normal circumstances because of the COVID-19 disease outbreak. The proclamation temporarily suspends the requirement to respond in five days. The proclamation does not prohibit an agency from responding within five days or as soon thereafter as is feasible under the circumstances; and if it is possible to do so, it may be helpful to the agency and the requester in preventing a later backlog of work.
While the proclamation is in effect, an agency may also wish to post on its website that it may not be able to provide requestors an initial response within five business days, and that PRA response time period is suspended pursuant to the proclamation.
Finally, again, agencies should consult with their attorneys if they need legal advice. Other resources for local governments can include the Municipal Research and Services Center (MRSC), and/or local government organizations. For information on other or future proclamations, and their effective dates, see the Governor’s Office website here: https://www.governor.wa.gov/office-governor/official-actions/proclamations.
Nancy Krier
Assistant Attorney General for Open Government
Office of the Attorney General
(360) 586-7842
March 24, 2020
Posted: 03/87/2020 11:02 AM
Last Updated: 03/87/2020 12:35 PM