Public Records Requests
The YRCAA encourages persons seeking the disclosure of public records to use its Public Records Request form to assist in fulfilling their request in an accurate and timely manner. However, use of the form is not mandatory and requests may be made by phone, fax, e-mail, or in person.
| SERVICE / DELIVERY METHOD | UNIT | COST |
| Paper Copy – Black and White or Color | Per Page | $0.15 |
| Scanning (converting a record from a paper copy to an electronic format) | Per Page | $0.10 |
| Records sent via email or uploaded to a cloud-based storage device or other means of electronic delivery |
Per four (4) files or attachments |
$0.05 per four (4) files or attachments |
| Records transmitted in electronic format or for use of agency equipment to send records electronically | Per gigabyte | $0.10 |
| Postage or delivery charges | Each | Actual cost |
| Mailing or shipping materials (e.g. box, envelope, mailer) | Each | Actual cost |
| Thumb/flash drives and other portable digital storage device* | Each | Actual cost |
| Customized service charge | When customized access services are not normally used by the agency for other business purposes | Actual cost |
* Customers are able to request records be delivered on a flash, thumb, USB, or other portable storage device
Agency Description--Contact Information--Public Records Officer
The YRCAA is the local air pollution control agency for Yakima County and was created pursuant to Chapter 70A.15.2510 RCW, the Washington Clean Air Act (WCAA). The YRCAA office is located at 186 Iron Horse Ct; Suite 101; Yakima, WA 98908.
Any person wishing to request access to the public records of the YRCAA or seeking assistance in making such a request should contact the Public Records Officer (PRO) of the YRCAA:
YRCAA Public Records Officer
186 Iron Horse Ct Ste 101
Yakima, WA 98901
509-834-2050 (tel.)
509-834-2060 (fax.)
pro@yrcaa.org (e-mail)
The public records officer will oversee compliance with the Public Records Act, but another YRCAA staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the YRCAA will provide the "fullest assistance" to requestors; ensure that public records are protected from damage or disorganization, and prevent fulfilling public records requests from causing excessive interference with essential functions of the YRCAA.
Availability of Public Records
Public records are available for inspection and copying during normal business hours of the YRCAA, Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the offices of the YRCAA.
The YRCAA finds that maintaining an index is unduly burdensome and would interfere with agency operations. The governing Board of Directors adopted resolution 2011-01 exempting the Agency from maintaining a records index under the provisions of RCW 42.56.070(4).
The YRCAA will maintain its records in a reasonably organized manner. The YRCAA will take reasonable actions to protect records from damage and disorganization. A requestor shall not take YRCAA records from YRCAA offices without the permission of the YRCAA PRO. Some records are available on the YRCAA web site at www.yakimacleanair.org. Requestors are encouraged to view the documents available on the web site prior to submitting a records request.
Any person wishing to inspect or copy public records of the YRCAA should make the request in writing on the YRCAA request form or by letter, fax, or email addressed to the public records officer at pro@yrcaa.org, or by submitting the request in person at the YRCAA offices located at 186 Iron Horse Ct; Suite 101; Yakima, WA 98901 and include the following information:
If a requestor wishes to have copies of the records made instead of simply inspecting them, they should so indicate and make arrangements to pay for copies of the records or a deposit.
Standard photocopies will be provided at fifteen cents per page.
A form is available for use by requestors at the office of the PRO and online at www.yakimacleanair.org.
The PRO or designee may accept requests for public records that contain the above information by telephone or in person. If the PRO or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing.
If requestors refuse to identify themselves or provide sufficient contact information, the YRCAA will respond to the extent feasible and consistent with the law.
Processing of Public Records Requests--General
The PRO or designee will process requests in the order allowing the most requests to be processed in the most efficient manner. Upon receipt of a request, the YRCAA will assign it a tracking number and log it in. The PRO or designee will evaluate the request according to the nature of the request, volume, and availability of requested records.
Following the initial evaluation of the request, and within five business days of receipt of the request, the PRO or designee will do one or more of the following:
If the YRCAA does not respond in writing within five business days of receipt of the request for disclosure, the requestor should contact the PRO to determine the reason for the failure to respond.
In the event the requested records contain information that may affect the rights of others and may be exempt from disclosure, the PRO may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.
Some records are exempt from disclosure, in whole or in part. If the YRCAA believes that a record is exempt from disclosure and should be withheld, the PRO will state the specific exemption and provide a brief 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 public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.
Consistent with other demands, the YRCAA shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents they wish the agency to copy.
The requestor must claim or review the assembled records within thirty (30) days of the YRCAA's notification to them that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the agency to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the YRCAA may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.
After inspection is complete, the PRO or designee shall make the requested copies or arrange for copying. Where the YRCAA charges for copies, the requestor must pay for the copies.
When the request is for a large number of records, the PRO or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or one or more of the installments, the PRO or designee may stop searching for the remaining records and close the request.
When the inspection of the requested records is complete and all requested copies are provided, the PRO or designee will indicate that the YRCAA has completed a reasonable search for the requested records and made any located nonexempt records available for inspection.
When the requestor either withdraws the request, or fails to clarify an entirely unclear request, or fails to fulfill their obligations to inspect the records, pay the deposit, pay the required fees for an installment, or make final payment for the requested copies, the PRO will close the request and, unless the agency has already indicated in previous correspondence that the request would be closed under the above circumstances, indicate to the requestor that the YRCAA has closed the request.
If, after the YRCAA has informed the requestor that it has provided all available records, the YRCAA becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis.
Processing of Public Records Requests--Electronic Records
The process for requesting electronic public records is the same as for requesting paper public records.
When a requestor requests records in an electronic format, the PRO will provide the nonexempt records or portions of such records that are reasonably.locatable in an electronic format that is used by the YRCAA and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record. Costs for providing electronic records are governed by RCW 42.56.120 and RCW 42.56.130. The fee schedule is shown above.
While not required, and with the consent of the requestor, the YRCAA may decide to provide customized electronic access services and assess charges under RCW 42.56.120(2)(f). A customized service charge applies only if the YRCAA estimates that the request would require the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the agency for other purposes. The YRCAA may charge a fee consistent with RCW 42.56.120(2)(f) for such customized access. The fee schedule is shown above.
Exemptions
The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, in addition to those contained in the Public Records Act, that restrict the availability of some documents held by the YRCAA for inspection and copying:
Note: The YRCAA is prohibited, by statute, from disclosing lists of individuals for commercial purposes.
Costs of Providing Copies of Public Records
There is no fee for inspecting public records, including inspecting records on the YRCAA web site.
The YRCAA is not calculating actual costs for copying its records because to do so would be unduly burdensome for the following reasons: The YRCAA does not have the resources to conduct a study to determine actual copying costs for all its records, to conduct such a study would interfere with other essential agency functions, and, through the legislative process, the public and requestors have commented on, and been informed of, authorized fees and costs provided in the Public Records Act including RCW 42.56.120 and other laws. Therefore, in order to timely implement a fee schedule consistent with the Public Records Act, it is more cost efficient, expeditious and in the public interest for the YRCAA to adopt the state legislature's approved fees and costs for most of the YRCAA's records, as authorized in RCW 42.56.120 and as published in the Agency's fee schedule.
The YRCAA fee schedule is available at the agency offices, located at 186 Iron Horse Ct; Suite 101; Yakima, WA 98901 and on the agency web site at www.yakimacleanair.org.
Before beginning to make the copies or processing a customized service, the PRO or designee may require a deposit of up to ten percent of the estimated costs of copying all the records selected by the requestor. The PRO or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The YRCAA will not charge sales tax when it makes copies of public records.
The YRCAA may also charge actual costs of mailing, including the cost of any shipping container.
Payment may be made by cash, check, or money order payable to the YRCAA.
Review of Denials of Public Records
Any person who objects to the initial denial or partial denial of a records request may petition, in writing (including e-mail), to the PRO for a review of that decision. The petition shall include a copy of, or reasonably identify the.written statement by the PRO or designee denying the request.
The PRO shall promptly provide the petition and any other relevant information to the Executive Director. The Executive Director will immediately consider the petition and either affirm or reverse the denial within two business days following the YRCAA's receipt of the petition, or within such other time as the YRCAA and the requestor mutually agree to.
Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.
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Yakima Regional Clean Air Agency
186 Iron Horse Court, Suite 101
Yakima, WA 98901
Phone: 509-834-2050
Hours: 9:00 AM to 5:00 PM Monday through Friday (closed weekends and holidays)