Feedback Needed on Proposed Changes to the Public Records Act Model Rules

Since 2006, the Washington State Attorney General’s Office (AGO) has been charged by the legislature to develop and maintain advisory model rules to help local governments and state agencies meet their obligations under the Public Records Act (PRA, RCW 42.56.570).

Local agencies consult these model rules when developing their own local ordinances and procedures. Courts look to these rules as well when interpreting the PRA and determining whether an agency is following the law.

For local government staff who work with public records in Washington State, this means that it is very important to be familiar with these model rules. We discuss this more on the Public Records Act Basics webpage.

Recently, the AGO received a petition from representatives of Washington news media organizations to amend the rules to “ensure prompt disclosure of public records upon request.”  Some of the proposed changes include:

• Requiring agencies to prioritize small and simple requests over larger requests rather than processing requests in the order received;
• Endeavoring to complete requests for a single record within one business day;
• Considering whether “time is of the essence” when prioritizing requests;
• Prohibiting the storage of public records solely on personal devices and accounts;
• Mandating sufficient staffing and allocation of resources to ensure more timely responses;
• Requiring records be provided electronically rather than via mail when reasonably possible;
• Limiting when third-party notice is appropriate;
• Requiring an agency accept online payment for copies; and
• Preventing closure of requests due to abandonment until the requestor confirms an intent to abandon.

Before the AGO begins a more formal rule amendment process, the office is engaging in a collaborative rulemaking effort to solicit informal feedback on the suggested amendments, and it hopes to get input from a broad cross-section of agencies.

Visit the AGO’s Rulemaking Activity webpage to find all documents related to the news media’s proposed amendments to the model rules. Comments on such proposed amendments should be submitted to agorulemaking@atg.wa.gov by January 8, 2025.

The AGO has noted that there will be more opportunities to provide written public comment and that it will hold a public hearing on any proposed amendments as part of the formal rulemaking process. To stay informed of the rulemaking, readers should sign-up to receive the AGO's emails on the process.