Public Records

1000.170   PUBLIC RECORDS PROCEDURE

A. PURPOSE

In accordance with the Washington state Public Records Act, RCW 42.56, Wenatchee Valley college will provide access to existing, identifiable, nonexempt public records of the college.

B. DEFINITIONS

1. College means Wenatchee Valley College. Where appropriate, the term “college” also refers to the employees of the college.
2. Public record and other terms defined in the Public Records Act shall have the same meaning in this procedure that they have under the Public Records Act. Public records include any writing, electronic media, email, video recording and/or other recording and must be an existing and identifiable record. Any record created by an employee or representative of the state as part of their official duties or using state resources is a potential public record.
3. Requestor is any person or entity requesting public records of the college pursuant to the Public Records Act.

C. DESCRIPTION OF COLLEGE.

1. Governance. Wenatchee Valley College is a public institution of higher education established under chapter 28B.50 RCW as a community college, which offers associate and baccalaureate degrees. The college is governed by a board of trustees appointed by the governor. The board appoints a president who serves as the chief executive officer responsible for the administration of the college.
2. Main campus. The main campus of the college is located at 1300 Fifth St, Wenatchee, Washington.
3. Policies and procedures. College policies meeting the definition of a “rule” under the Administrative Procedure Act, chapter 34.05 RCW, are adopted by the board of trustees and published in Title 132W of the Washington Administrative Code (WAC). Other college policies approved by the administration are published in policies and procedures available on the college website.
4. Documents index. As an institution of higher education, the college generally does not have occasion to issue nonexempt “final orders,” “declaratory orders,” “interpretive statements,” or “policy statements” as those terms are defined and used in the Public Records Act. The secretary of the college’s board of trustees does maintain and publish on the college website documents index of the board’s approved meeting minutes, motions, and resolutions. Inquiries may be directed to the secretary of the board in the office of the president.
5. College website. The college’s official website, available at https://www.wvc.edu provides general information about the college and its board of trustees, administration, educational programs, and policies and procedures. People seeking public records of the college are encouraged to view the records available on the website prior to submitting a records request.

D. PUBLIC RECORDS OFFICER.

1. Designation. A public records officer designated by the college shall be responsible for responding to public records requests in accordance with the provisions of this procedure and applicable provisions of the Public Records Act, chapter 42.56 RCW. The duties of the public records officer under this chapter may be delegated to one or more public records assistants designated by the college.
2. Duties. The public records officer shall oversee the college’s compliance with the Public Records Act. The records officer (or designee) and the college are responsible for providing the fullest assistance to requestors of public records, for ensuring that public records are protected from damage or disorganization, and for preventing records requests from excessively interfering with essential institutional functions or unreasonably disrupting the operations of the college. The college may take reasonable precautions to prevent a requestor from being unreasonably disruptive or disrespectful to college staff.
3. Records office. Inquiries regarding public records of the college may be addressed to the public records officer at the following address:
   
   Public Records Officer
   Wenatchee Valley College
   1300 Fifth St
   Wenatchee WA 98801
   509.682.6445
   recordsofficer@wvc.edu
   
   
4. Office hours. The customary office hours of the public records office are from 9:00 a.m. to noon and from 1:00 p.m. to 5:00 p.m., Monday through Friday, excluding legal holidays and holidays or days of closure established by the college calendar or order by the college president.

E. REQUESTS FOR PUBLIC RECORDS.

1. The college encourages, but does not require, requestors to use the public records request form made available by the public records office or online at Wenatchee Valley College Public Records Center. Request for public records of the college may be addressed to the public records officer at 1300 Fifth St, Wenatchee WA 98801. Requests made orally, whether by phone or in person, may be confirmed in writing by the public records officer.
2. Contents of records requests. A request for public records must include the following information:
   1. The name and contact information of the person requesting the records;
   2. The requestor’s mailing address, which may be an electronic mail address;
   3. The date and time of the request;
   4. A description of the requested records that is sufficiently detailed to enable the public records officer to identify and locate the records; and
   5. A statement indicating whether the requestor wishes to inspect the records or to receive copies of the records in paper or electronic form.
3. Lists of individuals for commercial purposes. State agencies and institutions are not permitted to provide lists of individuals for commercial purposes. A request for lists of individuals must be accompanied by the requestor’s signed declaration that the list will not be used for commercial purposes. The public records officer may inquire as to the requestor’s intended use of the list and may deny the request if it is evident from the request that the list will be used for a commercial purpose.
4. Assistance in identifying records. The public records officer may assist requestors in identifying the specific records sought by the requestor. With limited exceptions, a requestor may not be required to state the purpose of the request. However, the records officer may ask the purpose of the request if such an inquiry will assist in identifying the records request.
5. Response to requests for a public record must be made promptly. For the purposes of this section, a prompt response occurs if the college, within five business days, either:
   1. Provides the record;
   2. Acknowledges receipt of the request and provides a reasonable estimate of the time the college will require to respond to the request; or
   3. Denies the request.
6. All denials of request for public records must be accompanied by a written statement, signed by the public records officer or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the public record withheld.

F. COPYING FEES—PAYMENTS

1. Fees and payment procedures. The following copying fees and payment procedures apply to requests to the college under chapter 42.56 RCW and received on or after the effective date of this section.
2. Inspection of records. There is no fee for inspecting public records made available for inspection by the public records officer.
3. Actual costs not calculated. Pursuant to RCW 42.56.120 (2)(b), the college is not calculating all actual costs for copying records because to do so would be unduly burdensome for the following reasons:
   1. The institution does not have the resources to conduct a study to determine all its actual copying costs;
   2. To conduct such a study would interfere with other essential college functions; and
   3. Through the 2017 legislative process, the public and requestors have commented on and been informed of authorized fees and costs, including for electronic records, provided in RCW 42.56.120 (2)(b) and (c), (3), and (4).
4. Default fees adopted. The college will charge for copies or records pursuant to the default fees in RCW 42.56.120 (2)(b) and (c). The college will charge for customized services pursuant to RCW 42.56.120 (3). Under RCW 42.56.130, the college may charge other copy fees authorized by statutes outside of chapter 42.56 RCW. The college may enter into an alternative fee agreement with a requestor under RCW 42.56.120 (4). The charges for copying methods used by the college are summarized in the fee schedule available on the college’s public records center website and outlined below:
   
   Current Fee Schedule (effective 4/8/25)
   • Photocopies:                                          $.15 per page
   • Scanning:                                                  $.10 per page
   • Electronic file upload:                       $.05 per each four electronic files uploaded
   • Transmission of electronic files:  $.10 per gigabyte
   • Digital storage devices:                     Actual Cost
   • Envelope for mailing:                          Actual Cost
   • Postage/Delivery charge:                Actual Cost
     
     
5. Advance payment required – Fee waivers. Requestors are required to pay for copies in advance of receiving records or an installment of records. The records officer will notify the requestor when payment is due. Fee waivers are an exception and are available for some small requests under the following conditions:
   1. It is within the discretion of the public records officer to waive copying fees when:
      1. All of the records responsive to an entire request are paper copies only and consist of twenty-five or fewer pages; or
      2. All of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of one hundred printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requestor will be charged in accordance with this rule.
   2. Fee waivers are not applicable to records provided in installments.
6. Copying fee deposits. The public records officer may require an advanced deposit of ten percent of the estimated fees when copying fees for an installment or an entire request or customized service charge, exceeding twenty-five dollars.
7. Payment method. Payment should be made by check or money order payable to Wenatchee Valley College. The college prefers not to receive cash. For cash payments, it is within the public records officer’s discretion to determine the denomination of bills and coins that will be accepted.
8. Closure of request for nonpayment. The college will close a request when a requestor fails by the payment date to pay in the manner prescribed for records, an installment of records or a required deposit.

G. RECORDS EXEMPT FROM INSPECTION FOR COPYING.

1. Public Records Act exemptions. The Public Records Act, chapter 42.56 RCW, exempts from inspection or copying certain categories of records as set forth in the Public Records Act or under other statutes. The public records officer will disclose the existence of exempt records as required by law but will deny the inspection or copying of such records to the extent that the records are exempt from inspection or copying under the Public Records Act or other applicable law.
2. Commonly applied exemptions. The public records officer maintains a list explaining the exemptions most commonly applied by the college in processing requests for public records. A copy of the list can be requested from the public records officer and will typically be provided by the records officer in responding to a request for records that are determined in whole or in part to be exempt from inspection or copying.
3. Determining applicable exemptions. The public records officer may seek sufficient information from the requestor to determine whether another statute prohibits disclosure of the requested records. For example, student education records generally may not be disclosed to third parties without the student’s written consent.

H. REVIEW OF DENIALS OF PUBLIC RECORDS REQUESTS.

1. Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.
2. The written request by a person demanding prompt review of a decision denying a public record shall be submitted to the president of the college or the president's designee.
3. Within two business days after receiving the written request by a person petitioning for a prompt review of a decision denying a public record, the president or designee, shall complete such review.
4. During the course of the review the president or designee shall consider the obligations of the college to comply with the intent of chapter 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider the exemptions provided in RCW 42.56.210 or other pertinent statutes, and the provisions of the statute which require the district to protect public records from damage or disorganization, prevent excessive interference with essential functions of the agency, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

I. PROTECTION OF PUBLIC RECORDS

Public records and a facility for their inspection will be provided by the public records officer. Such records shall not be removed from the place designated. Copies of such records may be arranged according to the provisions of Section I above.

J. COURT PROTECTION OF PUBLIC RECORDS.

1. Notifying interested persons. The college, as required or permitted by law or contract, including any collective bargaining agreement, and in other appropriate circumstances, may notify persons named in a public record, or to whom the record specifically pertains, that release of the record has been requested and that such persons may apply to the superior court for a protective order under RCW 42.56.540.
2. Applying for court protection. The college in appropriate circumstances may apply to the superior court for a protective order enjoining the examination of any specific public record in accordance with the procedures under RCW 42.56.540. Nothing in the chapter shall be construed as either requiring or prohibiting the college’s application to the court for such an order.

K. RECORDS INDEX

1. The district has available for the use of all persons a current index which provides identifying information as to the following records issued, adopted, or promulgated by the district after March 14, 2001:
   1. Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
   2. Those statements of policy and interpretations of policy, statute and the constitution which have been adopted by the agency;
   3. Administrative staff manuals and instructions to staff that affect a member of the public;
   4. Planning policies and goals, and interim and final planning decisions;
   5. Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and
   6. Correspondence and materials referred to therein, by and with the agency relating to any regulatory, supervisory or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
2. The current index maintained by the district shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.

Approved by the president’s cabinet: 4/8/25
Presented to the board of trustees: 4/16/25
Last reviewed: 4/8/25
Policy contact: Human Resources

Related policies, procedures and other relevant laws and resources

000.170 Public Records Policy
600.200 Records Management Policy
1600.200 Records Management Procedure

RCW 34.05, 40.14.060, 42.56
WAC 132W-177

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