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091-23 - Resolution - Operating Policy for the PRADocuSign Envelope ID: D5E3A4D1-E7FE-42B0-8982-EDE5487CB89B RESOLUTION NO. 091-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING AN OPERATING POLICY RELATED TO THE PUBLIC RECORDS ACT AND A NEW EMPLOYEE INFORMATION EXEMPTION. WHEREAS, the Human Resources Department continues to review and, where appropriate, recommend modifications and additions to the City's personnel and operating policies; and WHEREAS, the 2023 Washington State Legislature considered and passed legislation to protect the safety and privacy of employees that are victims of or have dependents that are victims of domestic violence, sexual assault, sexual abuse, stalking, or harassment; and WHEREAS, Engrossed Substitute House Bill 1533, was signed by the Governor and made effective May 15, 2023; and WHEREAS, the legislation authorized public employees to apply for an exemption to the release of their employment information under the Washington Public Records Act, Chapter 42.56 RCW, when a narrow set of circumstances apply; and WHEREAS, the City wishes to implement this legislation through City policy; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The policy related to employee information as exempt from public records requests is hereby adopted in substantially the same form as attached hereto as Exhibit A. The Mayor is directed to incorporate this new policies into the City's existing Policy Manual and take all necessary steps to implement this policy. THAT: In accordance with Resolution 034-10, the Mayor has the authority to amend the personnel policies and procedures, including those adopted by this Resolution, as needed, with notification to the City Council. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 12' day of Se tembe�rb2023. jQb� � W GlA.bt,SIA.U. Robert Putaansuu, Mayor Arbf &To Signed by: l(AJAJe UQ Ut, Brandy Wallace, MMC, City Clerk DocuSign Envelope ID: D5E3A4D1-E7FE-42B0-8982-EDE5487CB89B Exhibit A 620 Employee Information Exemption from Public Records Purpose To ensure the safety and privacy of employees that are victims of or have dependents that are victims of domestic violence, sexual assault, sexual abuse, stalking, or harassment. It is the policy of the City of Port Orchard to protect the confidentiality and privacy of those victims and to hold confidential all personally identifying or individual information, communications, observations, and information made by, between, or about victims to the extent permitted under State law. Applicable to All employees or volunteers. References Washington State Engrossed Substitute House Bill 1533 — Effective May 15, 2023 RCW 5.68.010 RCW 7.105.010 RCW 7.125.030 RCW 9A.46.020 RCW 9A.46.110 RCW 10.99.020 RCW 40.24 RCW 42.56.250(1)(i) Definitions Confidential Information. Any written or spoken information shared in confidence, which includes any information that might identify the location or identity of someone who is a victim or has a dependent that is a victim of. domestic violence, dating violence, sexual assault, or stalking. Domestic Violence. The intentional, willful, or reckless action of inflicting physical harm, bodily injury, assault, or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one intimate partner by another intimate partner; or the infliction of fear of physical harm, bodily injury, or assault; nonconsensual sexual conduct or nonconsensual sexual penetration; coercive control; unlawful harassment; or stalking of one family or household member by another family or household member or by one intimate partner against another intimate partner (RCW 10.99.020(4) & RCW 7.105.010(9)). Employee. Personnel that are appointed or hired for a regular, temporary, extra hire, or project position within the City. Harassment. Intent to harass or intimidate any other person, uses any lewd, lascivious, indecent, or obscene words, images, or language, or suggests the commission of any lewd or lascivious act; is made anonymously or repeatedly; contains a threat to inflict bodily injury immediately or in the future on the person threatened or to any other person; or contains a threat to damage, immediately or in the future, the property of the person threatened or of any other person; without lawful authority, the person DocuSign Envelope ID: D5E3A4D1-E7FE-42B0-8982-EDE5487CB89B Employee information Exemption from Public Records Operating Procedure 610 Page 2 of 4 knowingly threatens to cause bodily injury immediately or in the future to the person threatened or to any other person; or to cause physical damage to the property of a person other than the actor; or to subject the person threatened or any other person to physical confinement or restraint; or maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and the person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication (RCW 9A.46.020 & RCW 7.105.010(36)). Personally Identifying Information. Individually identifying information about an individual and includes information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking. Sexual Abuse. Any form of nonconsensual sexual conduct including, but not limited to, unwanted or inappropriate touching, rape, molestation, indecent liberties, sexual coercion, sexually explicit photographing or recording, voyeurism, indecent exposure, or sexual harassment (RCW 7.105.010(2)(e)). Sexual Assault. Rape or rape of a child; Assault with intent to commit rape or rape of a child; Incest or indecent liberties; Child molestation; Sexual misconduct with a minor; Custodial sexual misconduct; Crimes with a sexual motivation; Sexual exploitation or commercial sex abuse of a minor; Promoting prostitution; or an attempt to commit any of the aforementioned offense (RCW 70.125.030(7)). Stalking. Anyone who intentionally and repeatedly harasses or repeatedly follows another person; The person being harassed or followed is placed in fear that the stalker intends to injure the person, another person, or property of the person or of another person (the feeling of fear must be one that a reasonable person in the same situation would experience under all the circumstances); and the stalker either intends to frighten, intimidate, or harass the person; or knows or reasonably should know that the person is afraid, intimidated, or harassed even if the stalker did not intend to place the person in fear or intimidate or harass the person (RCW 9A.46.110 & RCW 7.105.010(34)). Verified Statement. A statement signed under penalty of perjury, in accordance with RCW 42.56.250(1)(i) that identifies the alleged perpetrator(s) by name and, if possible, image or likeness, or from the employee a police report, protection order petition, or other documentation of allegations related to the domestic violence, sexual assault or abuse, stalking, or harassment which has been verified by the City. Responsibilities Employee. It is the responsibility of the employee to provide information to the City in the form of a sworn statement and to disclose documentation to support the sworn statement in order for the City to verify that the exception in RCW 42.56.250(1)(i) applies. Human Resources. It is the responsibility of Human Resources to apply this Policy and to verify the supported documents. DocuSign Envelope ID: D5E3A4D1-E7FE-42B0-8982-EDE5487CB89B Employee information Exemption from Public Records Operating Procedure 610 Page 3 of 4 Statements of Policy and Procedure General. The Washington State legislature passed House Bill 1533 April 19, 2023, and became effective May 15, 2023. HB 1533 adopts a Public Records Act (PRA) exemption protecting an employee's personally identifiable information if they or a dependent are a survivor of domestic violence, sexual assault, stalking or harassment as defined in state law. Verified Sworn Statement. Except as applied to public records requests from the news media or as otherwise required by law, during the time an employee's verified sworn statement is in effect, the City redacts as exempt the employee's personally identifiable information such as job title, address of workstations and locations, work email address, work phone number, or bargaining unit, from disclosures under the PRA. Exemption Basis. There shall two basis for an exemption under RCW 42.56.250(1)(i): (1) being a victim or having a dependent that is a victim of domestic violence, sexual assault, sexual abuse, stalking, or harassment, as defined under the specific criminal procedure statute, Victims of Sexual Assault Act, civil protection order statute, or criminal code; or (2) employees who participated in the Address Confidentiality Program (ACP) as administered by the Washington Secretary of State. Either basis requires the employee to submit a sworn statement with information or evidence to establish eligibility which will be verified by the City. Information Required. For employees who are participants of the ACP as administered by the Washington Secretary of State, the employee shall provide proof of such participation and complete and submit the Application for Exemption form (available from Human Resources). If the employee is not a participant of the ACP, they shall provide a sworn statement (through the use of the Application for Exemption form) verified by the Human Resources Director, or designee, that the employee or their dependent is a survivor of domestic violence, sexual assault, stalking, or harassment as defined in state law. In addition to the sworn statement, the employee is required to provide documentation that identifies the alleged perpetrator by name and, if possible, image or likeness, or by providing a copy of the police report, protection order petition, or other documentation of the allegation. The Application for Exemption expires after two years but may be renewed by providing a new sworn statement or providing proof of enrollment in the ACP. Storage of Verified Statement. The completed Verified Statement form will be saved in the employee's personnel file and will be kept confidential in accordance with State law and may not be disclosed without consent of the employee who submitted the documentation unless otherwise required by law. Any additional supporting documentation as listed in this section will not be kept by city personnel. The Application for Exemption, will be kept in a separate folder that is marked "confidential" and shall be kept and maintained in such a manner as to safeguard its contents. List of Employees Maintained and Updated. The Human Resources Director shall provide lists of employees who are subject to the exemption in RCW 42.56.250(1)(i) to the Public Records Officers. Such list shall include the date upon which such exemption will expire. This list will be updated whenever a new employee is added or removed from the list. The Public Records Officers shall include review of the list anytime a public records request is made that will result in release DocuSign Envelope ID: D5E3A4D1-E7FE-42B0-8982-EDE5487CB89B Employee information Exemption from Public Records Operating Procedure 610 Page 4 of 4 of employee information. The list of employees under this section shall be kept confidential and stored or managed in such a matter as to safeguard its contents. Notice to Police or Other Employees. With the permission of the employee, information about the alleged perpetrator(s) of domestic violence, sexual assault, stalking, or harassment which are described in the verified statement may be provided to police or other employees if such information would be likely to increase safety and security for the employee or other people who may be working or doing business at City facilities.