EDITORIAL | Setting The Record straight about public records requests

Two weeks ago, The Record published a story about the South Whidbey School District’s new policy of identifying anyone and everyone who makes public records requests online. It was a lengthy piece that covered a lot of ground: The policy itself, the ongoing legal battle with a former teacher who is at the heart of the district’s move, the legality of identifying requestors according to a state Attorney General’s Office expert, past legislation, what other cities and school districts are doing, and of course the position of school board members.

Two weeks ago, The Record published a story about the South Whidbey School District’s new policy of identifying anyone and everyone who makes public records requests online.

It was a lengthy piece that covered a lot of ground: The policy itself, the ongoing legal battle with a former teacher who is at the heart of the district’s move, the legality of identifying requestors according to a state Attorney General’s Office expert, past legislation, what other cities and school districts are doing, and of course the position of school board members.

The response has been interesting, to say the least. Initially, reader comments seemed to largely support the policy, or at least it sparked little outrage.

The story has since, however, gotten a second wind. A former Whidbey newspaper publisher was so incensed by the district’s policy and The Record’s article that she wrote her own editorial howling foul in the form of an online comment under the story.

From that thread, a post on Facebook garnered even more response from a host of sources, including state employees and elected officials, open government advocates and former and current reporters.

News stories are meant to facilitate discussion, debate, solutions and, of course, educate readers. In that regard we were successful, though through the process it’s also become clear that The Record stumbled in one area — education. We neglected to point out that no one — absolutely no one — is required to identify themselves when asking for public records.

With so many moving pieces, it seems we missed one of the most basic and vital components of the story.

It is also now clear that the story introduced confusion that the district was requiring people to identify themselves when it is not. In fact, it is posting the details of all requests, even those made anonymously. It’s doing so because requiring people to identify themselves is 100 percent illegal.

So, let us set the record straight about what the Open Public Records Act requires from the public, which is indeed very little. First and foremost, the right to request documents anonymously is well established in state law and court precedent.

Public officials will often ask requestors for personal information; some even have special forms that they ask the public to fill out. It’s usually for practical reasons, such as knowing how to alert the individual that the documents are ready, but none of it can be required. Scratch out a request on a dirty napkin if you like — public agencies still have to comply.

For that matter, there are many ways to receive information without identifying yourself, from having a friend pick up the documents for you or setting up an email address specifically for that purpose, such as anonymousrequestor@hotmail.com — that little gem is from a colleague at the Port Townsend & Jefferson County Leader. Thanks, Fred!

Electronic records are often a smart way to go. Public agencies can’t charge you for the time it takes to fulfill a request, but they can bill you for the cost of copies. Asking for electronic records can save on time, expense and paper, making it a win for all.

It should also be noted that from the moment a request is submitted a clock begins to tick. The agency has five business days to respond to a request, either coughing up the documents, denying the request — yes, there are exemptions — or providing a reasonable timeline for when the records will be produced.

If your request is refused, a quick “These aren’t public records,” does not suffice. The denying agency is required by law to cite the RCW under which the documents are exempt.

Summed up, the school district can ask you to identify yourself but you are not required to do so, nor would your refusal be grounds for denial.

To demonstrate this state-protected right for anonymity, the district will receive an anonymous records request this very afternoon. If school administrators follow state law, it will be responded to within five days (hopefully sooner) and be free of charge as we will request electronic records only.

And while the details of our request may be posted online by the district, our identity will not because we choose, and the state says we can, to remain safely anonymous.