Puget Sound Emergency Radio Network Operator Public Records Policy

Any person wishing to request public records of the Puget Sound Emergency Radio Network (PSERN) should contact the public records officer. Information about PSERN records is also available on the PSERN website.

The public records officer or designee will ensure compliance with Washington’s Public Records Act, chapter 42.56 RCW, offering the fullest assistance to requestors while also preventing public records requests from causing excessive interference with essential functions of PSERN. No part of this policy is intended to create any private or other cause of action, nor to afford any right to access records different or apart from what is provided under Washington’s Public Records Act, chapter 42.56 RCW.

To make a public records request:

Requests should be made in writing to the public records officer by email, mail, or hand delivered during normal business hours to the public records officer at the PSERN main office.

Requests for public records should include:

  • Name of requestor
  • Contact information of requestor
  • A request for identifiable records that is sufficiently specific to allow the public records officer or designee to locate the records. Please note that requests for information do not qualify as requests for identifiable records.
  • Date of request submission
  • Whether the requestor would like to inspect rather than receive copies of the records.
  • Date range

Upon receipt of a public records request:

  • PSERN will assign it a tracking number, and will keep a log of all such requests using their tracking number.
  • The public records officer or designee will evaluate the request according to the complexity of the request, the volume of requested records, and the availability of requested records.
  • Following the initial evaluation and within five business days of receipt of the request, the public records officer or designee will do one of the following:
    • Make the records available; or
    • Acknowledge receipt of the request and provide a reasonable estimate of when the records or an installment of records will be available (note that this estimate may be revised); or
    • Acknowledge receipt of the request, ask the requestor to provide clarification as needed, and to the greatest extent possible provide a reasonable estimate of when the records or an installment of records will be available if the request is not clarified; or
    • Deny the request with a written statement of specific reasons.

If the public records officer or designee does not respond in writing within five (5) business days, the requestor should contact the public records officer.

Clarification may be requested via any reasonable method of communication and if provided will be memorialized in writing. If the requestor does not respond to a request for clarification, PSERN may respond only to those parts of the request that are sufficiently clear for PSERN to identify responsive records. If the requestor does not respond to a request for clarification and the entire request is unclear, then PSERN need not further respond to the request.

Electronic Records: PSERN retains most of its records in electronic format and usually will provide records in electronic format unless a paper copy is requested. The volume of records requested may determine how electronic records will be delivered.

Charges for Copying: It would be unduly burdensome for PSERN to calculate its actual costs for providing public records for the following reasons: the agency does not have a set, singular method of providing records; providing records could involve any number of facilities, services, or staff members; determining actual costs in each instance would require substantial work and divert resources away from timely responding to each request; conducting a cost study would divert limited resources from other essential functions and would not be warranted in light of all the above circumstances; and the statutory rates are reasonable approximations of actual costs. PSERN therefore adopts the charges set forth in RCW 42.56.120 for providing records. PSERN will assess charges consistent with the provisions of that statute.

Deposits and Installments: PSERN may require a requestor to provide an initial deposit of up to ten percent (10%) of the estimated charge of providing copies in response to a given request. PSERN may provide records on an installment basis, and may charge for each installment as it is provided. If an installment is offered to a requestor but not claimed or reviewed within 30 days (or some other reasonable period of time that has been specified by PSERN), the agency will not be obligated to fulfill the balance of the request.

Notice to Others: If the requested records contain information that might affect the rights of others and might be exempt from disclosure, the public records officer or designee may, prior to providing the records, give notice to those whose rights may be affected, including by providing a copy of the request.

Exemptions: If PSERN concludes that a record is to be withheld or redacted as exempt from disclosure, the public records officer or designee will state the specific exemption and provide a brief written explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure but the remainder is not exempt, the agency will redact the exempt portions and provide the nonexempt portions. For informational purposes, following is a non-exhaustive list of laws other than the Public Records Act (chapter 42.56 RCW) that the agency believes exempts or prohibits disclosure of specific information or records of PSERN:

  • Privileged communications, including attorney-client privilege, RCW 5.60.060
  • Trade secrets, chapter 19.108 RCW
  • Medical records in certain circumstances, RCW 68.50.105; chapter 70.02 RCW

Order of Requests: PSERN will process requests in the order and manner determined to be the most efficient and fair among all requests and requestors.

Automated Requests: PSERN may deny or consider for ordering purposes any records request that the agency reasonably believes was generated by a bot, computer program, or script and is one of multiple requests received from a requestor within a twenty-four (24) hour period if responding to the multiple requests would cause excessive interference with other essential functions of the agency.

Closing Requests: When the requestor either withdraws the request, fails to clarify an entirely unclear request, fails to make payment, or fails to claim or review an installment, the public records officer or designee may close the request and notify the requester of closure. When all requested records have been provided, the public records officer or designee will close the request and notify the requester that the request has been closed. A description of the outcome will be memorialized in PSERN’s public records log.

Agency Review: Any person who objects to PSERN’s response to their public records request may petition in writing to the public records officer for an administrative review. The petition should identify the public records request and the agency’s response, and explain the basis for the requestor’s objection and the administrative remedy requested. The public records officer shall promptly consider the petition and either affirm or modify the agency’s response. The public records officer shall endeavor to respond to the petition within two (2) business days or as soon as practicable.

Later Discovered Documents: If, after PSERN has informed the requestor that it has provided all available records, PSERN becomes aware of additional responsive records existing at the time of the request, it will endeavor to provide them to the requestor.

Record Retention: PSERN retains its records in accordance with the requirements of chapter 40.14 RCW and both the Washington State Local Government Common Records Retention Schedule (CORE)

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