JLARC Report

January 2019

2017 Legislature required public agencies to report public records information

Public agency defined in statute

Agency means any public agency subject to the Public Records Act, including:

State agencies, boards, and commissions.
Counties, cities, and towns.
School districts and higher education institutions.
Special purpose districts.

RCW 40.14.026 requires agencies subject to the Public Records Act to report information about public records retention, management, and disclosure. Agencies that spend $100,000 or more fulfilling public records requests in a year must report information. Others may do so voluntarily. Each agency is responsible for determining whether they meet the reporting threshold. See Tab 1 for more detail about the reporting process.

JLARC staff directed to collect and report data from agencies

The same law directs the Joint Legislative Audit and Review Committee (JLARC) to standardize definitions for the metrics in statute and develop a process to collect information from agencies.

JLARC staff identified 2,310 agencies that may be subject to the reporting requirement, and used multiple communication channels to inform agencies about how to report information.

858 agencies responded to JLARC

Agencies reported data related to 18 performance metrics based on provisions in the law. Metrics include information about records request response time, costs, staff time, and how agencies respond to records. Summaries and agency-level detail for each metric are available in interactive dashboards.

JLARC staff provided guidance, definitions, and a reporting system to agencies but did not verify the accuracy of the data reported by agencies.

Reporting rates vary, likely because many agencies do not meet the reporting threshold

Agencies that spend $100,000 or more fulfilling public records requests in a year must report information. Others may do so voluntarily. Each agency is responsible for determining whether they meet the expenditure threshold. See Tab 2 for more detail about the agencies that reported information.

Most state, local, and higher education agencies reported information

Data quality likely inconsistent, but may improve in future as definitions and agency practices are refined

Agencies experienced challenges reporting information in the first year:

Agencies collected data without standardized definitions and used different data collection approaches.
Agencies reported averages for many metrics, which can be skewed by a small number of extreme events.

Data quality is expected to improve as agencies have time to develop more robust practices to address the new statutory data requirements. See Tab 3 for more detail about data quality.

There are opportunities to modify the metrics to provide improved information. Based on the experience of the first year of data collection, JLARC staff are incorporating two changes for the next year of data collection to better align metrics with agency practices. The Legislature could also make statutory changes to metrics after reflecting on the first year of data.

This report was updated on 1/22/2019 to correct for a software calculation error on metric 3.

2017 Public Records Report

January 2019

State and local government agencies that spend over $100,000 fulfilling public records requests must report information to JLARC

2017 Legislature required public agencies to report public records information

RCW 40.14.026 requires public agencies to report information about public records retention, management, and disclosure.

Agencies include state agencies, boards, and commissions. It also includes counties, cities, towns, school districts, higher education, special purpose districts, and any other public agency subject to the Public Records Act.
Agencies that spend $100,000 or more fulfilling public records requests must submit a report. Those that spend less than $100,000 may report voluntarily. Each agency is responsible for determining whether they meet this reporting threshold.
Agencies are responsible for the accuracy of their data. JLARC staff do not independently verify the information.

JLARC staff directed to collect and report data from agencies

The same law directs the Joint Legislative Audit and Review Committee (JLARC) to standardize definitions for the metrics in statute and develop a process to collect information from agencies.

JLARC staff and their consultants from Sightline, LLC worked with an advisory committee that included state and local agencies, as well as other stakeholders, to develop definitions. The work included developing an online reporting system, writing guidance documents, publishing standard definitions, giving public presentations, and providing telephone and email support during the reporting period. For more details, see the Methodology Tab.

Agencies began reporting information in 2018

Agencies must report public records performance data for each calendar year. Because the law took effect in July 2017, this first report only includes information about public records requests addressed during the period of July 2017 through December of 2017. Future reports will encompass performance data for a complete calendar year.

Exhibit 1.1: Agencies began reporting public records performance data in 2018

Timeline of events from law taking effect in July 2017 and ending with agencies reporting for 2018 in the Spring of 2019.

Source: JLARC staff depiction of data collection development process.

2017 Public Records Report

January 2019

Agency reporting rates vary, likely because many agencies do not meet the reporting threshold

JLARC staff received information from 858 state, local, and other public agencies

No single list exists of all public agencies that are subject to the Public Records Act. In the absence of a comprehensive list, JLARC staff identified 2,310 public agencies based on information from the Municipal Research and Services Center, the State Auditor's Office, and the Office of the Code Reviser.

Each agency was responsible for determining whether they met the $100,000 expenditure threshold for required reporting.
JLARC staff asked that every agency report whether it met the funding threshold.

Agencies reported 2017 information through an online system between May and July 2018.

Exhibit 2.1: Overall, 858 agencies (37%) either submitted information or indicated that they did not meet the $100,000 threshold

Source: Information reported by public agencies.

Note: "Reported information" includes all agencies that provided data to JLARC. Of these, 127 met the threshold, while 58 reported voluntarily.

Reporting rates varied by the type of agency

Most state, local, and higher education agencies reported information to JLARC. Reporting rates varied from 97 percent (higher education) to 67 percent (county agencies). In the graphic below, agencies are categorized as follows:

Reported information: All agencies that provided data to JLARC, including both required and voluntary reports.
Below threshold, did not report data: All agencies that reported they were below the $100,000 threshold and declined to submit a voluntary performance metric report.
Did not report any information: All agencies that did not provide information to JLARC (that is, did not respond at all). It is unclear if these agencies were required to submit a performance metric report.

Exhibit 2.2: Most state, local, and higher education agencies reported information

Source: Data reported by public agencies.

While many school and special districts did not report any information, it is likely that many did not meet the $100,000 reporting threshold

A total of 1,452 agencies did not report information to JLARC nor did they indicate that they spent less than $100,000.

Based on JLARC staff analysis of agency expenditures, it is likely that many non-reporting agencies did not meet the reporting threshold.

JLARC staff do not know whether these agencies are above or below the reporting threshold, which is defined as annually spending more than $100,000 responding to public records requests.
However, JLARC staff identified that 1,296 of the 1,452 agencies that did not report (89%) had total annual operating expenditures of less than $10 million.
If these agencies spent up to 1 percent of their operating budgets responding to public records requests, then they would be under the reporting threshold.

More detail available in an interactive dashboard

Click the image below for details about the agencies that did not report information to JLARC.

Source: JLARC staff analysis.

2017 Public Records Report

January 2019

Data quality inconsistent, but may improve in future as definitions and agency practices are refined

Agencies experienced three key challenges in reporting accurate and complete information

Due to effective dates of state law, agencies began compiling initial data before complete guidance was available.
- Challenge: Until JLARC staff issued guidance in November 2017, agencies often had to begin collecting data without standard definitions in place. Agencies used a variety of approaches to collect required data.
- Data quality improvement: The standards are now in place. It is likely that data collection processes and estimates will improve as agencies have time to develop more robust internal processes for collecting and reporting required data elements.
Statute requires agencies to report averages for some metrics (e.g., average time to respond).
- Challenge: An average may not reflect a typical records request if there are significant outliers. For example, a single records request can make an agency's average time or cost appear much higher than it otherwise would be. Agencies told JLARC staff that it may be helpful to explain the reported numbers.
- Data quality improvement: Moving forward, agencies will have the option to provide comments for each metric to explain factors they believe affect the data, such as outliers that could skew averages.
Data collected represents a partial calendar year.
- Challenge: Due to the date the law went into effect, agencies collected data for a portion of the calendar year. The reporting period was July 23, 2017 through December 31, 2017.
- Data quality improvement: Moving forward, agencies will collect and report data for an entire calendar year.

There are opportunities to modify the metrics to improve information. Based on the experience of the first year of data collection, JLARC staff are incorporating two changes for the next year of data collection to better align metrics with agency practices. The Legislature could also make statutory changes to metrics after reflecting on the first year of data.

Exhibit 3.1: Clarifications made to reporting guidance for next reporting period

Statutory metric	Opportunity to enhance information	Reporting process changes
Average time to respond to public records requests (Metric 2)	Statute requires a response within 5 days. Data could indicate the percent of requests that received a response on time. This would be a better indicator of compliance and be easier for agencies to determine.	Data collected will include percent of requests that received a response within five days.
Average time estimate provided for full disclosure compared to average actual time (Metric 5)	Agencies are not required to provide estimates for full disclosure. Many agencies that provide estimates do so for batches of records. Agencies noted they often don't provide an estimate for full disclosure. This metric collects data only about estimates for full disclosure in instances when an estimate was provided.	Reporting process now allows agencies to indicate if they do not provide estimates for full disclosure. Process will continue to collect information on actual time for full disclosure.

2017 Public Records Report

January 2019

2017 Legislature identified performance metrics related to public records retention, management, and disclosure

Data reported by public agencies is compiled in interactive dashboards

The images below open interactive dashboards for each metric in a new tab.

Make selections to the data using the drop down menus and sliders highlighted in yellow.
View instructions to learn more about navigating the dashboards.
All data is for the 2017 reporting period (July 23, 2017 to December 31, 2017).

Agencies were responsible for the accuracy of their data, and questions should be directed to the reporting agency. JLARC staff did not independently verify the information.

To download the complete dataset in an Excel file click here.

Statutory metric	Metric definition	Link to dashboard
Requests open, received, and closed (Baseline data) See Tab B for more information.
Metric 1 - Best practices for managing public records See Tab H for more information.
Metric 2 - Average time to respond to records requests See Tab C for more information.
Metric 3 - Percent of records requests fulfilled within five days and percent for which an estimate for fulfilment is provided See Tab C for more information.
Metric 4 - Average number of days from receipt to final disposition of a request See Tab C for more information.
Metric 5 - Average time estimate provided for full disclosure and average actual time See Tab C for more information.
Metric 6 - Number of records requests where the agency sought clarification from the requester See Tab D for more information.
Metric 7 - Number of records requests denied and common reasons See Tab D for more information.
Metric 8 - Number of abandoned records requests See Tab D for more information.
Metric 9 - Number of records requests, by type of requester See Tab B for more information.
Metric 10 - Percent of records requests fulfilled electronically and physically See Tab E for more information.
Metric 11 - Number of records requests involving scanning See Tab E for more information.
Metric 12 - Average staff time spent responding to records requests See Tab F for more information.
Metric 13 - Cost of fulfilling records requests See Tab F for more information.
Metric 14 - Number of claims alleging a statutory violation See Tab G for more information.
Metric 15 - Costs of litigating claims alleging a statutory violation See Tab G for more information.
Metric 16 - Costs of managing and retaining records See Tab F for more information.
Metric 17 - Expenses recovered See Tab F for more information.
Metric 18 - Measures of requester satisfaction See Tab H for more information.

2017 Public Records Report

January 2019

Agencies reported 143,162 records requests from individuals, organizations, law firms, and governments

A total of 185 agencies reported information to JLARC during the 2017 reporting periodJuly 23, 2017 to December 31, 2017. These agencies received 143,162 records requests.

Exhibit B1: While agencies received an average of 774 public records requests, the range varied from 1 to 18,933

Requests open, received, and closed (Baseline data)

Linked image for baseline dashboard. Click here to view interactive dashboard

Baseline data includes:

18,477 public records requests that were open at the start of the reporting period.
143,162 public records requests that were received during the reporting period.
139,635 public records requests that were closed during the reporting period.

South Sound 911 reported the largest number of records requests at 18,933 requests.

Five agencies received one records request.

Each agency received an average of 774 requests.

Click here to view interactive dashboard.

2017 Public Records Reporting

2017 Legislature required public agencies to report public records information

JLARC staff directed to collect and report data from agencies

858 agencies responded to JLARC

Reporting rates vary, likely because many agencies do not meet the reporting threshold

Most state, local, and higher education agencies reported information

Data quality likely inconsistent, but may improve in future as definitions and agency practices are refined

Reporting Process

1. Required reporting began in 2018

State and local government agencies that spend over $100,000 fulfilling public records requests must report information to JLARC

2017 Legislature required public agencies to report public records information

JLARC staff directed to collect and report data from agencies

Agencies began reporting information in 2018

Exhibit 1.1: Agencies began reporting public records performance data in 2018

Source: JLARC staff depiction of data collection development process.

Reporting process

2. Reporting rates vary

Agency reporting rates vary, likely because many agencies do not meet the reporting threshold

JLARC staff received information from 858 state, local, and other public agencies

Exhibit 2.1: Overall, 858 agencies (37%) either submitted information or indicated that they did not meet the $100,000 threshold

Source: Information reported by public agencies.

Note: "Reported information" includes all agencies that provided data to JLARC. Of these, 127 met the threshold, while 58 reported voluntarily.

Reporting rates varied by the type of agency

Exhibit 2.2: Most state, local, and higher education agencies reported information

Source: Data reported by public agencies.

While many school and special districts did not report any information, it is likely that many did not meet the $100,000 reporting threshold

More detail available in an interactive dashboard

Source: JLARC staff analysis.

REPORTING PROCESS

3. Data quality likely to improve

Data quality inconsistent, but may improve in future as definitions and agency practices are refined

Agencies experienced three key challenges in reporting accurate and complete information

Exhibit 3.1: Clarifications made to reporting guidance for next reporting period

2017 Public Records Data

A. Overview of all metrics

2017 Legislature identified performance metrics related to public records retention, management, and disclosure

Data reported by public agencies is compiled in interactive dashboards

2017 public RECORDS DATA

B. Records received and closed

Agencies reported 143,162 records requests from individuals, organizations, law firms, and governments

Exhibit B1: While agencies received an average of 774 public records requests, the range varied from 1 to 18,933

Source: JLARC staff compilation of data reported by 185 agencies.

Exhibit B2: The most common requesters were individuals, organizations, law firms, and governments

Source: JLARC staff compilation of data reported by 182 agencies.

2017 Public Records Data

C. Response time

Agency response time

State law requires agencies to respond to public records requests within five days

Exhibit C1: Agencies responded to records requests in an average of 3.1 days

Source: JLARC staff compilation of data reported by 185 agencies.

Exhibit C2: 56 percent of records requests were closed within 5 days

Source: JLARC staff compilation of data reported by 185 agencies.

Exhibit C3: Agencies closed records requests in an average of 16 days

Source: JLARC staff compilation of data reported by 185 agencies.

Exhibit C4: Agencies often do not provide estimates of time for full disclosure of all records

Source: JLARC staff compilation of data reported by 183 agencies.

2017 Public records Data

D. Request response process data

Few records requests were clarified, denied, or abandoned

Exhibit D1: Five percent of records requests required clarification

Source: JLARC staff compilation of data reported by 183 agencies.

Exhibit D2: Three percent of requests were fully denied, and 25 percent were partially denied or redacted

Source: JLARC staff compilation of data reported by 183 agencies.

Exhibit D3: 3 percent of requests were abandoned by requesters

Source: JLARC staff compilation of data reported by 182 agencies.

2017 Public records Data

E. Response format

71 percent of records requests were fulfilled electronically

Exhibit E1: 71 percent of records requests were fulfilled electronically

Source: JLARC staff compilation of data reported by 183 agencies.

Exhibit E2: 11 percent of requests required agencies to scan physical records

Source: JLARC staff compilation of data reported by 182 agencies.

2017 Public records Data

F. Cost and time

Reporting agencies estimated spending over 556,000 hours and $35.8 million responding to records requests

Agencies reported challenges in estimating the time and cost of responding to public records requests

Agencies reported challenges in estimating the costs for managing records

Exhibit F1: Agencies spent 556,206 staff hours responding to public records requests

Source: JLARC staff compilation of data reported by 182 agencies.

Exhibit F2: Agencies spent $35.8 million fulfilling records requests