2022 Public Records Reporting

Executive summary

Statute requires agencies to report data about public records activities

RCW 40.14.026 requires state, local, and other government agencies that are 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 spent less can report data voluntarily.
• Each agency is responsible for determining if they met the $100,000 expenditure threshold.

JLARC staff directed to collect and report data from agencies

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.

In 2022, 230 agencies submitted data about their public records activities

JLARC staff identified and contacted 2,409 Washington agencies that were subject to the Public Records Act in 2022.

• It is unknown how many of these agencies met the $100,000 expenditure threshold and were required to report.
• A total of 768 agencies (32%) responded to JLARC staff. Of these, 230 reported performance metric data. Another 538 indicated that they were below the $100,000 expenditure threshold and did not submit data.
• The response rate varied from 68% to 92% for state, local, and higher education agencies. School districts and special districts had lower response rates. Both chambers of the Legislature responded (100%).

Figure 1: Of the 768 agencies that responded to JLARC staff, 230 reported data

Source: JLARC staff analysis of reporting data.

Agencies reported receiving 396,442 public records requests

The 230 agencies that submitted data to JLARC staff received 396,442 public records requests between January 1 and December 31, 2022. Agencies reported:

• Closing 219,634 requests within five days.
• Averaging 23 days from request receipt to closure.
• Spending $103 million responding to requests.

Additional metrics include the number of requests that were denied, the format of the records provided, time spent, and public records litigation.

Part 1.
Reporting compliance

230 agencies submitted 2022 data. Another 538 indicated they were not required to report.

There is no comprehensive list of public agencies subject to the Public Records Act. JLARC staff identified 2,409 public agencies in 2022 based on information from the Municipal Research and Services Center, the State Auditor's Office, and the Office of the Code Reviser.

JLARC staff informed all 2,409 agencies about the reporting requirements and how to submit information.

Agencies reported 2022 data through JLARC's online reporting system between April 2023 and August 2023. JLARC staff extended the reporting deadline from July 1 to August 1 to improve reporting compliance. JLARC staff asked agencies that did not meet the $100,000 expenditure threshold to report that information.

Figure 2: For 2022, 768 agencies (32%) submitted data or indicated that they did not meet the $100,000 expenditure threshold

Note: "Submitted data" includes all agencies that provided data to JLARC staff.

Source: Information reported by public agencies.

Reporting rates varied by agency category

2022 response rates were highest for the Legislature, counties, and higher education institutions.

For this report, JLARC staff organized the agencies into one of four categories:

• Above threshold, reporting required: Agencies that indicated they were above the $100,000 expenditure threshold and therefore required to report.
• Below threshold, voluntarily reporting: Agencies that indicated they were below the $100,000 expenditure threshold and chose to voluntarily report.
• Below threshold, 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.

Figure 3: Response rates were highest for the Legislature, counties, and higher education institutions

Source: Data reported by public agencies between April 17 and August 1, 2023. Both chambers of the Legislature also responded.

No response from 1,641 agencies

Of the 2,409 agencies identified in 2022, 1,641 (68%) 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 possible that agencies did not meet the $100,000 expenditure threshold for required reporting.

• For example, an agency with annual operating expenditures of less than $10 million would need to spend more than 1% of its operating budget on responses to public records requests to reach the threshold.

JLARC staff found that 61% (1,005) of non-reporting agencies had operating expenditures under $10 million. The annual operating expenditures for 25% (416) of the non-reporting agencies could not be determined. The remaining 14% of non-reporting agencies had annual operating expenditures that exceeded $10 million. However, this does not mean that they met the threshold.

Part 2.
Requests received and closed

Agencies reported receiving 396,442 records requests from individuals, organizations, law firms, and other entities.

• Agencies received an average of 1,724 public records requests in 2022. The range was 0 to 37,280 per agency.

• Cities/towns received the highest number of requests: 161,412 (41% of statewide total).

• The most common requesters were individuals (36%), other entities (18%), governments (11%), and law firms (11%).

Additional data notes

The data in this dashboard includes information about entities that make public records requests. Agencies do not solicit this information from requesters. Requester type is reported only when it is known by the agency.

Part 3.
Response time

Responding to records requests

Agencies may respond to a request in the following ways:

• Acknowledge receipt and provide an estimated time frame for providing records.
• Provide the requested records.
• Ask the requester to clarify the request.
• Deny the request because there are no records or there is an exemption for disclosure.

Data highlights

• Agencies estimated that providing records would take more than five days for 186,007 records requests (47%).

Closing records requests

A request is considered closed when the agency does one of the following:

• Provides the requested records by:
  • Delivering or sending records to the requester.
  • Making records available for on-site review, for pickup, or upon payment.
• Informs the requester that the agency does not have the requested records.
• Informs the requester that the records are exempt from disclosure.

The date of final disposition is the date the agency finished providing records, if any, and the request is closed.

Data highlights

• Average time to close requests was 23 days.
• Agencies closed 219,634 records requests (55%) within five days.

Part 4.
Clarified, denied, abandoned

Few records requests were clarified, denied, or abandoned.

• 28,539 (7%) requests required clarification from the requester.
• 9,342 (2%) requests were denied in full.
• 89,204 (23%) requests were partially denied and/or redacted.
• 21,124 (5%) requests were abandoned by the requester.

Additional data notes

This data relates to the number of records request clarifications, denials, and abandonments.

• Clarification means that the agency formally asked the requester to provide clarifying information about the request.
• Denial means the agency did not provide complete records to the requester or redacted records per an exemption under Chapter 42.56 RCW.
  • Fully denied means the agency withheld all records from the requester.
  • Partially denied means the agency withheld some records from the requester.
  • Redacted means the agency obscured part of the record before providing it to the requester.
• Abandonment means the requester withdrew the request or failed to follow request procedures.

Part 5.
Response format

Agencies can provide public records in electronic format or in printed format.

• Agencies fulfilled 278,850 records requests (76%) electronically.
• Cities/towns reported the most requests closed due to no responsive records: 27,119 (40% of statewide total).
• Cities/towns reported the most requests involving scanning: 23,076 (42% of statewide total).

Additional data notes

This data relates to the way an agency provides records to a requester. These metrics include information about electronic and physical records and if records are scanned to fulfill a request.

• Electronic records include email, memory sticks, CDs, file transfer sites, links to online documents, and more.
• Physical records include paper documents, books, photographs, and other non-electronic records.
• Scanning converts physical records to electronic form.

Part 6.
Time and cost

Agencies estimate spending more than $103 million and 1.2 million hours responding to records requests

• Cities/towns had the highest estimated cost of fulfilling records requests: $36 million (35% of statewide total).
• Agencies reported $336,444 in total recovered expenses associated with responding to records requests. For example, this may include asking a requester to reimburse the agency for providing physical copies of records.
• State agencies, commissions, or boards had the highest total estimated staff hours spent on records requests: 443,212 hours (36% of statewide total).

Agencies spent $222 million managing and retaining public records.

• State agencies, commissions, or boards had the highest total estimated costs for managing and retaining records: $98 million (44% of statewide total).

Additional data notes

This data relates to the staff time and costs associated with responding to records requests and managing public records. All data reported to JLARC for these metrics are estimates, per statute (RCW 40.14.026).

Agencies reported challenges estimating the time to respond to public records requests

Agencies have different ways to estimate the staff time spent responding to public records requests. For example, some agencies assign a difficulty level to each request (e.g., easy, average, difficult) and assign each level a corresponding amount of time spent. Others work with staff to calculate actual time spent.

Agencies reported challenges estimating staff time for positions that are not designated as public records staff. For example, employees who are not typically involved in fulfilling public records requests may spend time looking for records on a specific request.

Agencies reported challenges estimating the costs for managing records

Agencies used various approaches to calculate costs. JLARC staff advised agencies to separate the resources used to respond to requests from the resources used to manage records. Doing so would help avoid double counting.

Agencies indicated challenges in estimating costs for managing public records, such as:

• Including staff training costs.
• Including overhead estimates.
• Differentiating response costs from records management costs.
• Calculating costs for staff whose primary job is not records management.
• Calculating costs for software that is used for managing records as well as other purposes.

Part 7.
Claims

Agencies reported 95 court claims that were filed in 2022 alleging that an agency violated Chapter 42.56 RCW.

• 54 (57% of statewide total) court claims were filed against state agencies, commissions, or boards.
• 195 (85%) agencies reported no court claims filed against them during the reporting period.

Agencies reported spending $7.7 million on litigation costs.

• State agencies, commissions, or boards reported the highest litigation costs at $3,218,346 (42% of statewide total).
• Costs may include:
  • Estimate of agency staff time incurred while responding to litigation (e.g., responding to discovery, participating in depositions, attending mediation).
  • Attorney fees for the agency's attorneys.
  • Other agency representation costs (e.g. costs associated with production of documents or purchasing deposition transcripts).
  • Settlement amounts.
  • Total penalties.
  • Attorney fees for the requester's attorney.
  • Costs for the requester's litigation.

Additional data notes

This data relates to court claims alleging that the agency violated the Public Records Act (Chapter 42.56 RCW) or other public records statutes. Data reported for these metrics includes the number of claims filed and costs incurred by the agency. Data does not include information about the total number of claims settled during the reporting period.

Appendices

Appendix A: Applicable statutes | Appendix B: Reporting process | Appendix C: JLARC members

Appendix A: Applicable statutes

Appendix B: Reporting process

State law (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 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 and online reporting system.
• Draft guidance documents.
• Give training presentations about the reporting requirements.
• Provide phone and email support to agencies during the reporting period.

This report reflects the sixth year of reporting to JLARC

Public records data submissions are an ongoing requirement. Agencies have submitted data for six reporting periods. The reporting periods include a partial year, 2017 (July 23 - December 31), and five full years, 2018 through 2022 (January 1 - December 31).

This report highlights data reported for 2022 activities and provides data from previous years further comparison. Data from the first reporting period in 2017 is not included for comparison because it reflected only a partial year of activity.

Appendix C: JLARC Members