Public Records: Frequently Asked Questions

What is a Public Record?

Public records for a state institution include any record containing information relating to the conduct of university business which is prepared, owned, used, or retained by the university. Public records may be in many physical forms, including paper, email, microfilm, videotape, magnetic tape and disks.

The university is responsible for the order and condition of existing records.

Are there any exceptions to State law R.C.W. 42.56?

Some records are exempt from the public disclosure law. Following are some examples:

• Personal information, i.e., residential address or telephone number of any individual associated with the university who requests that the information be restricted. If an individual has released their personal information to the CWU Telephone Directory, they have given permission to have it released as public information.
• Social Security Numbers.
• Student Identification Numbers.
• Mailing lists of employees, volunteers and students to be used for commercial purposes.
• Health records.
• ADA disability records.
• All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
• Test questions, scoring keys and other examination data used to administer any examination are exempt from disclosure.
• Personal information regarding university students including examination results, grades, class schedules, and curricular material is protected information under the FERPA, Students Right to Privacy Act.
• Data or maps which identify locations of archaeological sites may be exempt from public disclosure.
• Internal drafts, notes, and recommendations where opinions are expressed or policies are formulated or recommended may be exempt from disclosure until a decision has been made. When a decision has been made, they are public documents.
• Specific records are not exempt when the university, in connection with CWU actions, publicly cites that record.

What is the university's response time?

The university will acknowledge the request within five (5) business days. At that time the Public Records Officer will determine the time-frame for the release.

Is there any cost to use this procedure?

There is a 15 cent per page fee for copying and reproduction for requests greater than 20 copies. There is no fee for less than 20 copies.

You may check the "request inspection" box on the request form. There is no fee for inspection of public records. The records will be obtained and then redacted of information that is exempt from release. Someone will be present with you in the room to insure protection of records and order of files.

Is there a fee for gathering information to fulfill the request?

No. It is the university's obligation to gather and copy the information. We are not obligated to create reports or compile information that does not already exist. Only existing documents are releasable.

Should a department administrator deny access to any public records without first consulting with the Public Records Officer?

No. The law requires notification to come from the Public Records Officer if a record is being held under an exemption from disclosure.

What happens if the university does not comply with R.C.W. 42.56?

The university could be imposed a fine up to $100 per day for holding existing information that has been requested if it does not come under an exemption to R.C.W. 42.56.

What about students right to privacy?

Students' Right to Privacy is protected under FERPA, the Family Educational Rights and Privacy Act.

Can a faculty member request reviewing their personnel file?

Yes.

Where is the formal personnel file kept and maintained?

Human Resources.

Can third parties request review of recommendations relating to promotion and tenure or professional performance of others?

No. Evaluative content is exempt from disclosure to third parties.

Are university payroll records exempt?

No. Salaries of CWU employees are a matter of public record.

Are salary steps for promotion and tenure exempt?

No. After approval from the Board of Trustees, the information is a matter of public record.

Are documents a matter of public record when they are between attorney/client, i.e., University Assistant Attorney General and yourself?

No. They are exempt under the attorney client privilege.

Are we required to create reports to comply with a request?

No. We are only responsible for existing documents.