FAQ

What public records are exempt from disclosure?

Each record must be reviewed to determine whether it is exempt from public disclosure. Most exemptions are listed in RCW 42.56.230-42.56.480. However, certain statutes outside public records laws also provide exemptions from disclosure or prohibitions on disclosure of particular records. When a city denies a request for disclosure of a public record, the specific statutory exemption on which the denial is based must be identified along with a brief explanation of how the exemption applies.

How are the five business days calculated when responding to a public records request?

RCW 42.56.520 provides that a response to a request for public records must be made by the agency within five business days. The day the request is received does not count as one of the five days. RCW 1.12.040 provides: "The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day is a holiday, Saturday, or Sunday, and then it is also excluded."

 

Must the City create a document when responding to a specific request for public disclosure?

No. Although there is no Washington case that has decided whether a duty to create an otherwise non-existent document exists under RCW 42.56, there is federal law on this issue. Under the Freedom of Information Act, an agency is not required to create a record which is otherwise non-existent.