Second-look’ petitions would go to county prosecutor
Okanogan County is considering changes to the way it handles requests for public records to clarify the procedure for appeal, give the county a chance to correct an error, and avoid litigation.
When members of the public request records, the requests are typically handled by the relevant county department. If the requester is not satisfied with the response, he or she can petition for review.
As it stands now, the petition for a second look generally goes to the department supervisor, who may or may not consult the prosecuting attorney’s office, according to Okanogan County Chief Civil Deputy Dave Gecas. The county has two days to respond to the second request.
The county is proposing changes to the county code to make that process more explicit. If the changes are approved, any petition for a second look would go to the prosecuting attorney’s office for Gecas’ review. He would have two days to respond or take action. Administrative review would not involve the commissioners or county’s hearing examiner.
Under the changes, the requester would not be able to file a lawsuit against the county until this administrative remedy — the petition to the prosecuting attorney — has been exhausted. People would be formally notified of the procedure, said Gecas.
County departments such as Public Works, the auditor, the jail, and the commissioners often receive records requests and may handle a petition from a dissatisfied requester on their own, without involving the prosecuting attorney. Gecas recommended the changes so that he or another county attorney would have an opportunity to review the facts and objections before having to defend the agency’s decision in court.
By talking to requesters, it’s often possible to clarify or narrow a request so they get what they’re looking for, averting a dispute with the county, said Gecas. His review would also help clarify legal questions about exempt records or privacy issues, he said.
The proposed amendment would clarify that the prosecuting attorney’s office must respond within two days to anyone who objects to the full or partial denial of a records request, the amount of time necessary to fulfill it, or the cost of documents.
Administrative remedies would not be considered exhausted until the attorney makes a written decision. The requester could sue the county only after receiving that decision.
Similar procedures are used by the state attorney general and other counties, said Gecas.
The county commissioners are holding a public hearing on the proposed code amendment on Tuesday (June 26) at 3:15 p.m. in their auditorium in Okanogan. People can provide up to five minutes of verbal testimony or submit comments in advance to Laleña Johns at ljohns@co.okanogan.wa.us.
For more information, contact Gecas at (509) 422-7280 or dgecas@co.okanogan.wa.us.
