JLARC Report

January 2021

Executive Summary

Statute requires agencies to report data about public records activities

The 2017 Legislature passed RCW 40.14.026, requiring state, local, and other government agencies subject to the Public Records Act to report information about their public records activities. Agencies that spent $100,000 or more on public records requests in the prior fiscal year must submit data for 15 statutory performance metrics. Agencies that spend less may report data voluntarily. Each agency is responsible for determining if they meet the $100,000 expenditure threshold.

See Section 1 for more detail about the reporting process.

JLARC staff collect and report agency data

Statute directs the Joint Legislative Audit and Review Committee (JLARC) staff to standardize definitions for the statutory performance metrics and collect information from agencies. JLARC staff provide guidance, definitions, and an online reporting system, but do not verify the accuracy of the data reported by agencies.

JLARC staff identified 2,418 agencies in Washington in 2019. It is unknown how many of these agencies met the $100,000 expenditure threshold.

Bar chart that reads 208 agencies submitted data, 681 below the threshold and did not submit data, and 1,529 no response.

208 agencies submitted data about their 2019 public records activities

A total of 889 agencies (36.7% of the 2,418 agencies) provided information to JLARC staff. Of these, 208 reported performance metric data and 681 indicated that they were below the $100,000 expenditure threshold and did not to submit data.

Reporting rates vary by agency type. Many agencies that did not submit data may not meet the $100,000 expenditure threshold.

Between 61% to 81% of the state, local, and higher education agencies provided information to JLARC staff. School districts and special districts had lower response rates. Agencies that submitted performance metric data or indicated that they did not meet the$100,000 expenditure threshold include:

72% of state agencies, boards, or commissions.
81% of cities and towns.
61% of county government agencies.
74% of higher education institutions.
37% of school districts/Education Service Districts (ESDs).
21% of special districts.

Agencies that did not report information to JLARC staff may not have met the $100,000 expenditure threshold and may not be required to submit data for the performance metrics. Of the 1,529 agencies that did not respond, JLARC staff found that 82% of them had annual operating expenditures of less than $10 million. If these agencies spent up to 1% of their operating budgets on responses to public records requests, they would be under the threshold and not required to submit data.

In 2019, agencies reported receiving 383,433 public records requests

The 208 agencies that submitted data to JLARC staff received 383,433 public records requests between January 1, 2019 and December 31, 2019. Agencies reported:

Closing 206,316 requests within five days.
Averaging 15 days from request receipt to closure.
Spending $101 million responding to requests.

This report presents 2019 data in interactive dashboards, with summaries and agency-level detail for each metric. For comparison purposes, the dashboards also show data from 2018.

2019 Public Records Report

January 2021

State and local agencies must report data to JLARC if they spend over $100,000 to fulfill public records requests

Statute requires agencies to report data on their public records practices

RCW 40.14.026 requires state, local, and other government agencies subject to the Public Records Act to report data about their public records activities.

Each agency is responsible for:

Determining if it spent $100,000 or more on public records requests in the prior fiscal year. Agencies above this threshold are required to submit data for statutory performance metrics. Agencies below this threshold may submit data voluntarily.
Ensuring the accuracy of its data. JLARC staff do not independently verify the information.

JLARC staff collect and report data from agencies

Statute directs the Joint Legislative Audit and Review Committee (JLARC) staff to collect and report the data submitted by agencies. JLARC staff worked to:

Develop and publish standard definitions for the statutory performance metrics.
Develop an online reporting system.
Draft guidance documents.
Give public presentations about the reporting requirements.
Provide phone and email support to agencies during the reporting period.

This report reflects the third year of reporting to JLARC

Public records data submissions are an ongoing requirement. To date, agencies have submitted data for three reporting periods:

July 23, 2017 - December 31, 2017
January 1, 2018 - December 31, 2018
January 1, 2019 - December 31, 2019

This report highlights data reported for 2019 activities and provides 2018 data as comparison.

2019 Public Records Report

January 2021

Reporting rates vary by agency type. Many agencies may not meet the reporting threshold.

208 agencies submitted 2019 data and another 681 indicated they were not required to report

There is no comprehensive list of public agencies subject to the Public Records Act. JLARC staff identified 2,418 public agencies in 2019 using information from the Municipal Research and Services Center, the State Auditor's Office, and the Office of the Code Reviser. Compared to 2018, this includes an additional 16 special districts and 23 county government agencies that reported as part of a consolidated entity for 2018 but as separate county departments for 2019.

Agencies reported 2019 data through JLARC's online reporting system between June 2020 and September 2020. Agencies were originally required to submit data by July 2020, but the deadline was extended to September as a result of the COVID-19 public health emergency. JLARC also staff asked agencies to report whether they met the $100,000 expenditure threshold.

Exhibit 2.1: For 2019, 889 agencies (37%) submitted data or indicated that they did not meet the $100,000 expenditure threshold

Source: Information reported by public agencies.

Note: "Submitted data" includes all agencies that provided data to JLARC staff. Of these, 144 met the $100,000 threshold and 64 were below the threshold but reported voluntarily.

Reporting rates vary by the type of agency

2019 response rates were highest for state agencies, local governments, and higher education institutions. Reporting rates varied from 81% (cities and towns) to 21% (special districts).

For this report, agencies are organized into one of three categories:

Submitted data: Agencies that reported data for the performance metrics. Some agencies were required to do so because they met or exceeded the $100,000 expenditure threshold. Others reported data voluntarily.
Below threshold and did not submit data: Agencies that indicated they were below the $100,000 expenditure threshold and declined to submit data voluntarily.
No response: Agencies that did not provide any response. It is unclear how many of these agencies met the $100,000 expenditure threshold.

Exhibit 2.2: 2019 response rates were highest for state agencies, local governments, and higher education institutions

Bar chart that shows percentage of agencies who submitted data, who indicated they were below the threshold and did not submit data, and those who did not respond.
State agencies, boards, or commissions: 31% submitted data, 41% below threshold did not submit data, 28% no response.
Citites and towns: 23% submitted data, 58% below threshold did not submit data, 19% no response.
County government agencies: 22% submitted data, 39% below threshold did not submit data, 39% no response.
Higher education institutions: 23% submitted data, 51% below threshold did not submit data, 26% no response.
School districts and educational service districts: 3% submitted data, 34% below threshold did not submit data, 63% no response.
Special districts: 3% submitted data, 18% below threshold did not submit data, 79% no response.

Source: Data reported by public agencies.

No response from 1,529 agencies

Of the 2,418 agencies identified in 2019, 1,529 (63%) did not provide information about their public records activities or indicate if they met the $100,000 expenditure threshold. Many of these agencies are special districts, school districts, and educational service districts. It is likely that a large portion of these districts did not meet the $100,000 expenditure threshold for required reporting. For example, JLARC staff found that 82% of these agencies had annual operating expenditures of less than $10 million. If these agencies spent up to 1% of their operating budgets on responses to public records requests, they would be under the threshold and not required to submit data. Click the image below for more detail about agencies that did not respond to JLARC staff.

Source: JLARC staff analysis.

2019 Public Records Report

January 2021

Legislature identified performance metrics for agency records retention, management, and disclosure practices

RCW 40.14.026 identifies public records performance metrics. JLARC staff annually compile reported data into interactive dashboards for each metric.

In calendar year 2019, 208 agencies reported receiving 383,433 public records requests. Agencies reported:

Closing 206,316 requests within five days.
Averaging 15 days from request receipt to closure.
Spending $101 million responding to requests.

View 2019 data in interactive dashboards

Agencies report data annually using an online reporting system. Agencies are responsible for the accuracy of their data. Questions about an agency's data should be directed to that agency. JLARC staff do not independently verify the information submitted.

Data reported for 2019 is organized in interactive dashboards. 2018 data is provided as a comparison. To use the dashboards:

Click on the images in the table below to open interactive dashboards for each metric in a new window.
Make selections to the data using the drop down menus and sliders highlighted in yellow.
View instructions to learn more about navigation.
Download the complete dataset in an Excel file here.

Exhibit A1: Dashboards display data for 2019 performance metrics

Statutory metric	Metric definition	Link to dashboard
Requests open, received, and closed (Baseline data) See Section B for more information.
Metric 1 - The number of requests where the agency provided the requested records within five days See Section C for more information.
Metric 2 - The number of requests where the agency provided a time estimate for providing records beyond five days after receiving the request See Section C for more information.
Metric 3 - Average and median number of days from receipt to final disposition of a request See Section C for more information.
Metric 4 - Number of requests where the agency sought additional clarification from the requester See Section D for more information.
Metric 5 - Number of records requests denied in full or in part and common reasons for denying the requests See Section D for more information.
Metric 6 - Number of abandoned records requests See Section D for more information.
Metric 7 - Number of records requests, by type of requester See Section B for more information.
Metric 8 - Percentage of records requests fulfilled electronically and physically See Section E for more information.
Metric 9 - Number of records requests involving scanning See Section E for more information.
Metric 10 - Average estimated staff time spent responding to records requests See Section F for more information.
Metric 11 - Estimated cost of fulfilling records requests See Section F for more information.
Metric 12 - Number of claims filed alleging a statutory violation See Section G for more information.
Metric 13 - Costs of litigating claims alleging a statutory violation See Section G for more information.
Metric 14 - Estimated costs of managing and retaining records See Section F for more information.
Metric 15 - Expenses recovered See Section F for more information.

2019 Public Records Report

January 2021

Agencies reported receiving 383,433 records requests from individuals, organizations, other entities, and law firms

A total of 208 agencies reported data to JLARC staff during the 2019 reporting periodJanuary 1, 2019 to December 31, 2019.. These agencies received 383,433 records requests.

Exhibit B1: Agencies received an average of 1,843 public records requests in 2019, ranging from zero to 48,070 per agency

Requests open, received, and closed (Baseline data)

A picture of the 2019 baseline data dashboard with the words click here to view interactive dashboard across it. This image is a link to the 2019 baseline data dashboard.

Baseline data includes:

20,826 public records requests open at the start of the reporting period.
383,433 public records requests received during the reporting period.
362,547 public records requests closed during the reporting period.

South Sound 911 reported the largest number of records requests, at 48,070 requests.

On average, agencies received 1,843 requests in 2019.

Click here to view interactive dashboard.

2019 Public Records Reporting

Executive Summary

Statute requires agencies to report data about public records activities

JLARC staff collect and report agency data

208 agencies submitted data about their 2019 public records activities

Reporting rates vary by agency type. Many agencies that did not submit data may not meet the $100,000 expenditure threshold.

In 2019, agencies reported receiving 383,433 public records requests

Reporting Process

1. Agencies must report public records data

State and local agencies must report data to JLARC if they spend over $100,000 to fulfill public records requests

Statute requires agencies to report data on their public records practices

JLARC staff collect and report data from agencies

This report reflects the third year of reporting to JLARC

Reporting process

2. Reporting rates vary by agency type

Reporting rates vary by agency type. Many agencies may not meet the reporting threshold.

208 agencies submitted 2019 data and another 681 indicated they were not required to report

Exhibit 2.1: For 2019, 889 agencies (37%) submitted data or indicated that they did not meet the $100,000 expenditure threshold

Source: Information reported by public agencies.

Note: "Submitted data" includes all agencies that provided data to JLARC staff. Of these, 144 met the $100,000 threshold and 64 were below the threshold but reported voluntarily.

Reporting rates vary by the type of agency

Exhibit 2.2: 2019 response rates were highest for state agencies, local governments, and higher education institutions

Source: Data reported by public agencies.

No response from 1,529 agencies

Source: JLARC staff analysis.

2019 PUBLIC RECORDS Data

A. Overview of metrics and results

Legislature identified performance metrics for agency records retention, management, and disclosure practices

View 2019 data in interactive dashboards

Exhibit A1: Dashboards display data for 2019 performance metrics

2019 Public Records Data

B. Requests received and closed

Agencies reported receiving 383,433 records requests from individuals, organizations, other entities, and law firms

Exhibit B1: Agencies received an average of 1,843 public records requests in 2019, ranging from zero to 48,070 per agency

Source: JLARC staff compilation of data reported by 208 agencies.

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

Source: JLARC staff compilation of data reported by 208 agencies.

2019 Public Records Data

C. Response time

Average time to close requests was 15 days

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

Exhibit C1: Agencies closed 206,316 requests within five days

Source: JLARC staff compilation of data reported by 208 agencies.

Exhibit C2: Agencies estimated it would take more than five days to respond for 183,652 records requests

Source: JLARC staff compilation of data reported by 208 agencies.

Exhibit C3: Agencies closed records requests in an average of 15 days. The median time to close was five days.

Source: JLARC staff compilation of data reported by 208 agencies.

2019 Public records Data

D. Clarified, denied, abandoned

Few records requests were clarified, denied, or abandoned

Exhibit D1: 20,531 request (5%) required clarification

Source: JLARC staff compilation of data reported by 208 agencies.

Exhibit D2: 12,687 requests (3%) were fully denied, and 31,237 (8%) were partially denied or redacted

Source: JLARC staff compilation of data reported by 208 agencies.

Exhibit D3: Requesters abandoned 16,593 requests (4%)

Source: JLARC staff compilation of data reported by 208 agencies.

2019 Public records Data

E. Response format

Most records requests were fulfilled electronically

Exhibit E1: 266,673 requests (73%) were fulfilled electronically

Source: JLARC staff compilation of data reported by 208 agencies.

Exhibit E2: 68,414 requests (18%) required agencies to scan physical records

Source: JLARC staff compilation of data reported by 208 agencies.

2019 Public records Data

F. Time and cost

Agencies estimate spending more than 1.3 million hours and $101 million responding to records requests

Agencies reported challenges 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 1.3 million staff hours responding to public records requests

Source: JLARC staff compilation of data reported by 208 agencies.

Exhibit F2: Agencies spent $101 million fulfilling records requests

Source: JLARC staff compilation of data reported by 208 agencies.

Exhibit F3: Agencies spent $182.8 million managing and retaining public records

Source: JLARC staff compilation of data reported by 208 agencies.

Exhibit F4: Agencies reported$246,267 in expenses associated with responding to records requests

Source: JLARC staff compilation of data reported by 208 agencies.

2019 Public Records Data

G. Court claims

Agencies spent $10 million on litigation

Exhibit G1: Ninety-eight court claims were filed against agencies alleging a statutory violation