[WSSSC] FW: Public records request -- YouTuber visits

[Jamie Traugott]

WSSSC,
I believe many of you already have this info but just case you don't-


[cid:image003.jpg at 01DB7BD2.56C521B0]Jamie Traugott
Director of Student Services and K12 Alignment
Washington State Board for Community and Technical Colleges
jtraugott at sbctc.edu<mailto:jtraugott at sbctc.edu> * o: 360-704-3929
sbctc.edu<https://www.sbctc.edu/> * Facebook: @WASBCTC<https://www.facebook.com/wasbctc/> *
LinkedIn: @washington-state-board-for-community-and-technical-colleges<https://www.linkedin.com/company/washington-state-board-for-community-and-technical-colleges>

From: Ha Nguyen <hnguyen at sbctc.edu>
Sent: Friday, February 7, 2025 3:18 PM
To: Laura McDowell <lmcdowell at sbctc.edu>; Chris Bailey <cbailey at sbctc.edu>; Choi Halladay <challaday at sbctc.edu>; Jamie Traugott <jtraugott at sbctc.edu>; Joyce Hammer <jhammer at sbctc.edu>; MarcusAntonio Gunn <magunn at sbctc.edu>; Maya Esquivido <mesquivido at sbctc.edu>; Katie Rose <krose at sbctc.edu>; Kim Tanaka <ktanaka at sbctc.edu>
Subject: RE: Public records request -- YouTuber visits

Thank you for sharing, Laura. Will make sure this information reaches the DEOC.
From: Laura McDowell <lmcdowell at sbctc.edu<mailto:lmcdowell at sbctc.edu>>
Sent: Friday, February 7, 2025 3:13 PM
To: Chris Bailey <cbailey at sbctc.edu<mailto:cbailey at sbctc.edu>>; Choi Halladay <challaday at sbctc.edu<mailto:challaday at sbctc.edu>>; Ha Nguyen <hnguyen at sbctc.edu<mailto:hnguyen at sbctc.edu>>; Jamie Traugott <jtraugott at sbctc.edu<mailto:jtraugott at sbctc.edu>>; Joyce Hammer <jhammer at sbctc.edu<mailto:jhammer at sbctc.edu>>; MarcusAntonio Gunn <magunn at sbctc.edu<mailto:magunn at sbctc.edu>>; Maya Esquivido <mesquivido at sbctc.edu<mailto:mesquivido at sbctc.edu>>; Katie Rose <krose at sbctc.edu<mailto:krose at sbctc.edu>>; Kim Tanaka <ktanaka at sbctc.edu<mailto:ktanaka at sbctc.edu>>
Subject: FW: Public records request -- YouTuber visits

Just an FYI that I sent the following message to the Safety, Security, and Emergency Management Council this afternoon.


[Compass]Laura McDowell
Director of Communications
Washington State Board for Community and Technical Colleges
lmcdowell at sbctc.edu<mailto:lmcdowell at sbctc.edu> * o: 360-704-4310 * f: 360-704-4415 * c: 360-280-0670
sbctc.edu<https://www.sbctc.edu/> * Twitter: @SBCTCWashington<https://twitter.com/SBCTCWashington> * Facebook: @WASBCTC<https://www.facebook.com/wasbctc/>

From: Laura McDowell
Sent: Friday, February 7, 2025 3:07 PM
To: Laura McDowell via SSEM <ssem at lists.ctc.edu<mailto:ssem at lists.ctc.edu>>
Subject: Public records request -- YouTuber visits

Good afternoon, SSEMC:
We've received a few requests for information about an individual who has been visiting campuses. This individual typically has his face covered with a gaiter and films interactions he has on campus, then edits the videos and posts them. So far, I think this individual has visited Clover Park, Pierce (both campuses), Green River, and Renton (twice). At Renton, there was a demand to schedule a meeting with the president.
Before clicking on this link, please be aware that you might be delivered similar content that may be disturbing. Plus, there might be cybersecurity risks (although I have not had any issues): https://www.youtube.com/@InlandAuditingMedia
Attached is a guide produced by Pierce County for their public-facing staff on how to handle receiving in-person public records requests, and an issue brief that was written by our AAG and put on our SBCTC letterhead. Key things to know:

  *   Most colleges are largely open to the public, and auditors may enter any areas that are open to the public, just like anyone else. There is generally no expectation of privacy in public conversations between college employees and other staff, students, or members of the public. Thus, the right to record college employees in the performance of their duties likely extends to work that occurs in areas open to the public. Auditors do not have the right to access areas of the college that are off-limits to the general public - such as private offices, classrooms, residence halls, and labs - without the consent of a college employee.
  *   College employees should remain calm, respond in a professional manner, and avoid escalating the interaction. Assist the auditor in identifying and locating the employee(s) who can answer their questions or provide requested records, or request that the auditor return to a public space and wait on further assistance, while contacting the specified college employee.
  *   Do not state that a request must be submitted online. An agency cannot require a requester to use the online portal or the agency form and must accept a request submitted by any of the available means. See advice #3 on the attached document from Pierce County.
My colleague, Katie Rose, gathered the following excerpts of key applicable RCWs and WACs (note these are excerpts. Please refer to the RCWs and WACs themselves for the entire text).
WAC 132K-276-130<https://app.leg.wa.gov/wac/default.aspx?cite=132K-276-130> Records index.
(1) Index. The district has available to all persons a current index which provides identifying information as to the following records issued, adopted or promulgated since June 30, 1972.
(2) Availability. The current index promulgated by the district shall be available to all persons under the same rules and on the same conditions as are applied to public records available for inspection.
RCW 42.56.080<https://app.leg.wa.gov/rcw/default.aspx?cite=42.56.080> (Effective June 30, 2024)
(1)(a) A public records request must be for identifiable records.
Agencies shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request except to establish whether inspection and copying would violate RCW 42.56.070<http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.070>(8) or 42.56.240<http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.240>(14), or other statute which exempts or prohibits disclosure of specific information or records to certain persons.
Agencies shall honor requests received in person during an agency's normal office hours, or by mail or email, for identifiable public records unless exempted by provisions of this chapter. No official format is required for making a records request; however, agencies may recommend that requestors submit requests using an agency provided form or web page. [Note: Please note the words "may recommend" in this section. In other words, there is no requirement that the person submit a request in a certain way. People may make requests verbally, in which case, you are required to document the request. See advice #3 on the attached document from Pierce County. The influencer has asked for staff assistance in creating a handwritten request for information.]
RCW 42.56.070(5)(a-e)<https://app.leg.wa.gov/rcw/default.aspx?cite=42.56.070> Documents and indexes to be made public-Statement of costs.
(3) Each local agency shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after January 1, 1973:
(a) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
(b) Those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency;
(c) Administrative staff manuals and instructions to staff that affect a member of the public;
(d) Planning policies and goals, and interim and final planning decisions;
(e) Factual staff reports and studies, factual consultant's reports and studies, scientific reports and studies, and any other factual information derived from tests, studies, reports, or surveys, whether conducted by public employees or others; and
(f) Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party.
WAC 44-14-03006<https://app.leg.wa.gov/wac/default.aspx?cite=44-14-03006>
There is no statutorily required format for a valid public records request. RCW 42.56.080<http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.080>(2). Agencies may recommend that requestors submit requests using an agency-provided form or web page. However, a person seeking records must make a "specific request" for "identifiable records" which provides "fair notice" and "sufficient clarity" that it is a records request.1 An agency may prescribe the means of requests in its rules. RCW 42.56.040<http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.040>; RCW 42.56.070<http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.070>(1); RCW 42.56.100<http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.100>; RCW 34.05.220<http://app.leg.wa.gov/RCW/default.aspx?cite=34.05.220> (1)(b) (state agencies). An agency can adopt reasonable procedures requiring requests to be submitted only to designated persons2 (such as the public records officer), or a specific agency address (such as a dedicated agency email address for receiving requests, or a mailing/street address of the office where the public records officer is located, or a web portal).
In-person requests. An agency must honor requests received in person during normal business hours. RCW 42.56.080<http://app.leg.wa.gov/RCW/default.aspx?cite=42.56.080>(2). An agency should have its public records request form available at the office reception area so it can be provided to a "walk-in" requestor. The form should be directed to the agency's public records officer.
Examples of "index of records" (a list of items that can be requested via public records). It does not require a records request to view.

  *   Department of Revenue<https://dor.wa.gov/public-records-index>
  *   King County<https://kingcounty.gov/en/dept/executive-services/about-king-county/business-operations/risk-management-services/public-records-program/public-disclosure-index>
  *   Clover Park Technical College<https://www.cptc.edu/about/index-records>
  *   Renton Technical College (created with their AAG)<https://rtc.edu/about-rtc/human-resources/public-records-request/public-records-index.php>
For specific questions, please contact your college's AAG.
A reminder, too, the Employee Assistance Program<https://des.wa.gov/services/employee-assistance-program> is a great resource to support employees-and it's free!
With their permission, I'm sharing a message Clover Park Technical College sent to their faculty/staff:
"The procedure is the same for any visitors seeking public records. The item a visitor may be seeking is called an "index of records." This is the list of items that can be requested via public records. It does not require a records request to view and is, in fact, on the website. https://www.cptc.edu/about/index-records
"The public information request form is at this link. The visitor may issue a request verbally, but a paper trail is needed. Print out and complete the form for the visitor, and then submit it to Amelia. https://www.cptc.edu/about/risk/public-records
"Stay calm and maintain your composure. Do not allow yourself to be pulled into a confrontational exchange.
Provide the document requested (see above links).
Let any visitors know that you will need to defer any questions beyond providing the index to Amelia Grayson or James Neblett.
Call Amelia Grayson and/or James Neblett @ 253-589-5599 & 253-589-5533, respectively.
Avoid calling security or police to keep the possibility of confrontations and escalations to a minimum.
Employees should avoid taking photos or videorecording the visitor(s). These become public records, which are subject to public records requests."

[Compass]Laura McDowell
Director of Communications
Washington State Board for Community and Technical Colleges
lmcdowell at sbctc.edu<mailto:lmcdowell at sbctc.edu> * o: 360-704-4310 * f: 360-704-4415 * c: 360-280-0670
sbctc.edu<https://www.sbctc.edu/> * Twitter: @SBCTCWashington<https://twitter.com/SBCTCWashington> * Facebook: @WASBCTC<https://www.facebook.com/wasbctc/>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ctc.edu/pipermail/wsssc_lists.ctc.edu/attachments/20250210/ee7d3dce/attachment-0001.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 629079 bytes
Desc: image001.jpg
URL: <http://lists.ctc.edu/pipermail/wsssc_lists.ctc.edu/attachments/20250210/ee7d3dce/attachment-0004.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 2629 bytes
Desc: image003.jpg
URL: <http://lists.ctc.edu/pipermail/wsssc_lists.ctc.edu/attachments/20250210/ee7d3dce/attachment-0005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 2629 bytes
Desc: image004.jpg
URL: <http://lists.ctc.edu/pipermail/wsssc_lists.ctc.edu/attachments/20250210/ee7d3dce/attachment-0006.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.jpg
Type: image/jpeg
Size: 2631 bytes
Desc: image006.jpg
URL: <http://lists.ctc.edu/pipermail/wsssc_lists.ctc.edu/attachments/20250210/ee7d3dce/attachment-0007.jpg>