WEBVTT 1 "Jonathan" (186497280) 00:00:00.000 --> 00:00:21.980 Alright, it's four oh 1pMI will call to order this meeting of the Seattle Ethics and the elections Commission on September second 2026. We have an attendance Commissioner Lino, Commissioner Kai Smith, and Commissioner Evans Smith. 2 "Jonathan" (186497280) 00:00:21.980 --> 00:00:37.440 Just checking that NO one else jumped on and myself chair Shermer, hoping a couple other commissioners join us during the meeting as well. Pretty short agenda today. 3 "Jonathan" (186497280) 00:00:37.440 --> 00:00:56.627 1st, so I'll just jump in unless I didn't see any public comment, Wayne or any, any change there? No, NO public comment. All right, so 1st action item is we have a new staff member. Diane. 4 "FAS SMT 4080" (3818414592) 00:00:56.627 --> 00:00:58.366 Yes. 5 "Jonathan" (186497280) 00:00:58.366 --> 00:01:06.908 Got it. I practiced that before, so I'm happy I got that right. I'll let Wayne give a brief introduction and then we'll have a vote on the. 6 "FAS SMT 4080" (3818414592) 00:01:06.908 --> 00:01:14.190 Alright, we've been very lucky that Diane has joined us from Seattle Information Technology Department. 7 "FAS SMT 4080" (3818414592) 00:01:14.190 --> 00:01:31.590 The main point of her career was she worked at Amazon for six years, and in her personal time, she loves cats, plays a trombone and also plays in a band, right? Yes, I'm in a brasband. Yes, yeah. Which brashband? Okay. Yes. So yeah, we're really lucky to have her. 8 "FAS SMT 4080" (3818414592) 00:01:31.590 --> 00:01:54.105 She was working with us on like the portal, which is the platform for the voucher submission and Renee really loved her and I've loved her too. So yes, we're happy to have her on booked. Yes, and under the enabling ordinance, I have to present all my hires to you and you have to either confirm them or deny them, so. 9 "Jonathan" (186497280) 00:01:54.105 --> 00:02:05.205 Well, I'll just say it's a very impressive resume, so we're lucky to have you. Thank you for joining us and I do have one important question. What instrument do you play? 10 "FAS SMT 4080" (3818414592) 00:02:05.205 --> 00:02:10.685 I played trombone. Okay, excellent. 11 "Jonathan" (186497280) 00:02:10.685 --> 00:02:15.328 Any questions from any of the other commissioners? 12 "FAS SMT 4080" (3818414592) 00:02:15.328 --> 00:02:41.150 Just a question is still newark right commissioner on the commission here, do are we supposed to be made aware of jds or hiring or do we simply like what what is the fuller process for us being involved and needing to be aware and not aware or is it just simply, I think it's as how you could be however you'd want to be. So I feel like I'm presenting you with her resume and everything and then if you want to call me, ideally you call me beforehand. 13 "FAS SMT 4080" (3818414592) 00:02:41.150 --> 00:02:55.233 We're not sure about this person or like this person is too political. I think that's, I think that's why you have this authority is because if I bring on board some camphint, you might say like wait, what, what the heck's going on here so yeah yes, that's helpful. Great. Thank you. You're welcome. 14 "Jonathan" (186497280) 00:02:55.233 --> 00:03:04.247 And for the record our vice chair, Vassel has joined us and as well as Commissioner Forge as well. 15 "Vivian Vassall" (735299840) 00:03:04.247 --> 00:03:09.082 Sorry, I'm late. Welcome. Just checking that now. 16 "Jonathan" (186497280) 00:03:09.082 --> 00:03:26.336 Else joined. Okay, Wayne was just giving us some background on the new hire, and so I think unless any of the commissioners who just joined have questions, we'll proceed to a vote on confirmation. 17 "Jonathan" (186497280) 00:03:27.006 --> 00:03:38.745 Alright, see NO questions. Is there a motion to confirm Diane in a gia Tappelus as a staff member? 18 "Vivian Vassall" (735299840) 00:03:38.745 --> 00:03:41.368 I'm still moved. Okay. 19 "Jonathan" (186497280) 00:03:41.368 --> 00:03:44.034 Is that a second? 20 "Bobby Forch" (1547443456) 00:03:44.034 --> 00:03:46.134 Okay. 21 "Jonathan" (186497280) 00:03:46.134 --> 00:03:55.603 Motion made by commissioner Vassel and seconded by Commissioner forge. All commissioners in favor say I or raise your hand. 22 "Jonathan" (186497280) 00:03:57.148 --> 00:04:11.666 All opposed say nay, any abstenctions? Alright, emotion passes, NO abstentions. Congratulations and welcome again. We're excited to have you. 23 "FAS SMT 4080" (3818414592) 00:04:11.666 --> 00:04:14.535 Glad to be here, thank you. 24 "Jonathan" (186497280) 00:04:14.535 --> 00:04:34.431 Okay, moving on, we have a couple administrative items on adoption of the 6 May 2026 commission meetings. Have all the commissioners had an opportunity to review the 6 May meeting minutes? Any questions from any of the commissioners? 25 "FAS SMT 4080" (3818414592) 00:04:34.431 --> 00:04:52.519 I I did just want to make a recommendation there page for four on minutes from 6 May there's minor typo and then the paragraph break actually ends up inadvertently implying that. 26 "FAS SMT 4080" (3818414592) 00:04:52.519 --> 00:05:11.279 We were somehow taking a stand on what is rational basis and not versus it being a continuation of what I believe mr. Chapman was stating. So for clarity I would either say delay it till next time just to clean that up or I don't know if we should amend and say. 27 "FAS SMT 4080" (3818414592) 00:05:11.279 --> 00:05:31.049 Do a way with the paragraph where you can add an S to what is the top of the page. So I don't know the right way to do that. I think you can just move to amend if you prefer that's ok. Yeah, so I would amend minutes to make the word was at the top of page four top. 28 "FAS SMT 4080" (3818414592) 00:05:31.049 --> 00:05:46.965 And then I would move to combine the bottom two paragraphs because right now that bottom paragraph bes more as a statement of perhaps what the commission or what someone else finds versus what mr. Chapman said. 29 "Jonathan" (186497280) 00:05:46.965 --> 00:05:54.014 Okay. Any other comments from any of the commissioners? 30 "Vivian Vassall" (735299840) 00:05:54.014 --> 00:05:59.544 I just need one quick moment to, to view it. 31 "FAS SMT 4080" (3818414592) 00:05:59.544 --> 00:06:03.187 Yeah, it's page page four. 32 "Vivian Vassall" (735299840) 00:06:03.187 --> 00:06:07.730 Great, thank you. 33 "Vivian Vassall" (735299840) 00:06:16.795 --> 00:06:22.006 Okay, I don't have any questions, thank you. 34 "Jonathan" (186497280) 00:06:22.006 --> 00:06:29.689 And Wayne, just procedurally, can we vote to amend and adopt the minutes in the same vote or do we need to. 35 "FAS SMT 4080" (3818414592) 00:06:31.067 --> 00:06:34.646 I believe you can unless Gary Smith has a different viewpoint. 36 "Smith, Gary" (1544103680) 00:06:34.646 --> 00:06:41.629 Yeah, I I think that's fine, Wayne I agree with you. Yes. Okay. 37 "Jonathan" (186497280) 00:06:41.629 --> 00:06:52.791 Thank you. Do I have a motion to amend the 6 May 2026 meeting minutes and adopt them as amended? 38 "FAS SMT 4080" (3818414592) 00:06:52.791 --> 00:06:57.107 I guess I would make the motion because I made the suggestion. 39 "Jonathan" (186497280) 00:06:57.107 --> 00:07:01.331 Okay, is there a second? 40 "Andrea Lino (she/her)" (2748008960) 00:07:01.331 --> 00:07:04.634 A second. Okay. 41 "Jonathan" (186497280) 00:07:04.634 --> 00:07:34.999 Motion made by commissioner Evan Smith and seconded by commissioner Lino. All commissioners in favor say I or raise their hand. All oppose, say name, any abstentions for the record I'm obstaining from the vote because I was not president at the main commissioner bassel. 42 "Jonathan" (186497280) 00:07:34.999 --> 00:07:40.413 Bean is frozen for me, is it frozen for everyone else? 43 "FAS SMT 4080" (3818414592) 00:07:41.534 --> 00:07:46.051 Yes, we can't see her right now. Okay. 44 "Jonathan" (186497280) 00:07:46.051 --> 00:08:04.511 I just want to make sure we have a clear record on the vote. It's like Commissioner Bassel, can you hear us? 45 "Jonathan" (186497280) 00:08:08.825 --> 00:08:25.379 I think we can, I think all commissioners except for chair Shermer abstained and commissioner Bassel devote was unclear, but I think we we had a majority of the commissioners vote I so the the motion to amend and adopt 6 May 2026. 46 "Jonathan" (186497280) 00:08:25.379 --> 00:08:40.893 Minutes passes. Let's move on to our next item. Adoption of the 3 June 2026 meeting minutes. Any questions from any of the commissioners on these? 47 "Jonathan" (186497280) 00:08:41.567 --> 00:09:10.771 I have one comment, while others are looking at them. I was trying to find on the commission website the written opinion that is mentioned in the June meeting minutes so that we voted to publish. I was struggling to find it. Wayne, I don't know if you know where on the website it was we published those opinions. 48 "FAS SMT 4080" (3818414592) 00:09:10.771 --> 00:09:27.008 I don't know. Mr. Dugan, I believe on the commission webpage, there's an option for commission actions, but I'll verify that and send the link out. Okay. 49 "Jonathan" (186497280) 00:09:27.008 --> 00:09:38.870 It could just, it could be an error on my end. I was just trying to find the collection of them, but yeah, if you could send the link to the post mission, that would be appreciated. 50 "FAS SMT 4080" (3818414592) 00:09:38.870 --> 00:09:41.789 Okay. 51 "Vivian Vassall" (248009216) 00:09:41.789 --> 00:09:48.926 I'm back. Sorry I dropped off for a moment. My computer just shut shut down on me, but I'm back here. 52 "Jonathan" (186497280) 00:09:48.926 --> 00:09:54.869 Tech problems. We are on to the June meeting minutes. 53 "Vivian Vassall" (248009216) 00:09:54.869 --> 00:09:55.833 And. 54 "Jonathan" (186497280) 00:09:55.833 --> 00:10:01.784 Any other questions or comments from any any of the commissioners? 55 "Jonathan" (186497280) 00:10:01.784 --> 00:10:18.813 Okay, see none, is there a motion to adopt the 6 June 3? June 2026 meeting minutes? 56 "FAS SMT 4080" (3818414592) 00:10:18.813 --> 00:10:21.628 So what? 57 "Jonathan" (186497280) 00:10:21.628 --> 00:10:23.667 Is there a second? 58 "Jonathan" (186497280) 00:10:26.908 --> 00:10:39.449 Okay, motion made by commissioner Evan Smith seconded by commissioner Bassel, all commissioners in favor of adopting the Gene meeting minutes say I raise your hand. I. 59 "Jonathan" (186497280) 00:10:41.151 --> 00:10:48.407 All opposed, say nay, any extensions? 60 "Bobby Forch" (1547443456) 00:10:48.407 --> 00:10:51.571 When I wasn't present. 61 "Jonathan" (186497280) 00:10:51.571 --> 00:11:18.773 For the record, commissioner forge is staining as he wasn't present, but the motion passes moving on. We've got discussion items, sorry, my screen keeps rearranging where what's our. The democracy dr. program Lebby work group, Wayne is this your discussion point just for me to update you. 62 "FAS SMT 4080" (3818414592) 00:11:18.773 --> 00:11:48.128 So we continue to meet as a workgroup and uncommon bridges continues to do work. They are out there interviewinging people and preparing their 1st draft, and once they are done, we'll be looking at the draft, we've already looked at one and I think they're close to finalizing it and then we'll be asking them, asking the rest of the workgroup whether they want them to come directly to the commission or to go to council with their report. So that's the next step to figure out. 63 "Jonathan" (186497280) 00:11:48.128 --> 00:11:56.447 Thanks Wayne, and can you just remind the commission that when you mentioned the draft, give us an idea of, of what's going. 64 "FAS SMT 4080" (3818414592) 00:11:56.447 --> 00:12:17.545 Into that. Oh yes, the draft is really it's an amalgamation of the comments they received, so they went out and did interviews of people in the campaign field and they're trying to combine those into a report kind of like gathering public input and letting us know people's ideas for making improvements. 65 "Jonathan" (186497280) 00:12:19.010 --> 00:12:28.614 Questions from the commissioners? 66 "FAS SMT 4080" (3818414592) 00:12:28.614 --> 00:12:59.715 Is the, is the report wider? Is this sort of something that has to happen because we have the program? Is this something that you had asked for some of the council had asked for what's what's driving the report again? It's something the mayor put into the renewal effort, but they renewed the voucher living, one of the clauses said there shall be a report people, you know, so that's what It's great. 67 "Jonathan" (186497280) 00:12:59.715 --> 00:13:05.117 Wayne, do we have a, is there an approximate timeline for the process? 68 "FAS SMT 4080" (3818414592) 00:13:05.117 --> 00:13:18.854 I think it should be wrapping pretty soon. I I would say imminents so yes, by your next meeting I expect we'll have a definite answer on whether they'll be coming to talk to you or to the full council. 69 "Jonathan" (186497280) 00:13:20.732 --> 00:13:36.895 Other questions from the commissioners? Alright, we'll move on to discussion item two, the democracy voucher program report from Renee. 70 "FAS SMT 4080" (3818414592) 00:13:36.895 --> 00:14:03.079 Okay, here we are past the primary, we had just a reminder, we had four candidates who had signed up to use democracy vouchers during the primary. Three of them qualified to receive funding, and there is a breakdown of the funding that's been distributed to date, and we are past the time for vouchers to be assigned to candidates. 71 "FAS SMT 4080" (3818414592) 00:14:03.079 --> 00:14:26.509 Who were not considered moving forward from the general. Wayne does call the primary as soon as he can, mostly so that we can release funding to the candidates that are moving on to the general. The two candidates who did move on new James and Julie King had been reaching their cap or hit their cap, so it was good to release funding as soon as we can. 72 "FAS SMT 4080" (3818414592) 00:14:26.509 --> 00:14:48.229 The campaign who did not make it forward, had 45 days has 45 days from calling the election to close out their campaign and return any unused batcher of funding. They have asked to cease receiving funding from us, so we expect there to be a return of unused funds so. 73 "FAS SMT 4080" (3818414592) 00:14:48.229 --> 00:15:04.829 With candidates, that's about where we are currently. There were four candidates but only three qualified. Correct. Okay. What why did the 4th not qualify? They did not qualify, they didn't test. Oh, they didn't even try it. Okay. Yeah. 74 "FAS SMT 4080" (3818414592) 00:15:04.829 --> 00:15:20.099 That happened to, but it was not that they tripped some clause that made them ineligible to receive. Okay, great, thanks. Nope, they were not fundraising, so. Okay, alright, so we had. 75 "FAS SMT 4080" (3818414592) 00:15:20.099 --> 00:15:40.099 We have just under 6000 vouchers received for getting money off the candidates on a frequent basis. So just a little bit of slower year but being a special. We do continue to send new voters vouchers as they become registered in those monthly voter registration updates. 76 "FAS SMT 4080" (3818414592) 00:15:40.099 --> 00:16:00.349 Continue to get requests for replacements from the public, so the machine is rolling just a little bit slower than it will be next year. Then update on outreach activities. So there's a list of some of the outreach activities that the staff primarily betted and Jennifer. 77 "FAS SMT 4080" (3818414592) 00:16:00.349 --> 00:16:23.359 Have been able to attend. They've also reported that there have been around 2700 impressions from social media posts primarily we posts on Instagram and Facebook. We did do some, hey advertising this year. It was hard to target. 78 "FAS SMT 4080" (3818414592) 00:16:23.359 --> 00:16:41.969 Just the five, so it was pretty limited to keeping the media's outreach within that district. But we did do some ads in the student family online newsletters, they're back to school newsletter. 79 "FAS SMT 4080" (3818414592) 00:16:41.969 --> 00:17:01.969 Stranger and so just pretty small media buyers for this year. We did also staff were able to do postering out in the community, just walking around and they were also able to visit with the library in that location. And then because there's more time this year. 80 "FAS SMT 4080" (3818414592) 00:17:01.969 --> 00:17:23.339 Here, they have been looking at additional outreach kind of opportunities that we hadn't had time to explore previously. We did do a pilot this year which was trying to reach out to the communities that serve at confidentiality participants at that point of intake. 81 "FAS SMT 4080" (3818414592) 00:17:23.339 --> 00:17:40.679 So we sent a marketing papers and also emails, letting them know we're here, this program's here for folks who do enter addressed confidentiality, just trying to find a way to reach them. So we try that this year. 82 "FAS SMT 4080" (3818414592) 00:17:40.679 --> 00:18:00.679 Also, food outreach areas is in D five, kind of experiencing how best to contact them and so forth, and then of course also a new a newer outreach place for us. So the next summary is the. 83 "FAS SMT 4080" (3818414592) 00:18:00.679 --> 00:18:21.979 Community, organization outreach and this these numbers are based on their mid year reporting that they provided to us in June. They in June they're required to attend a mid year feedback session and then they provide us with some documentation of what they've been able to do. 84 "FAS SMT 4080" (3818414592) 00:18:21.979 --> 00:18:45.199 To date, the outreach activities will end for like end of October end of October and they'll start closing out of those campaigns. We will also depending on the final report from the consultants, be posting our RFPs for the 2027 outreach activities early soon. 85 "FAS SMT 4080" (3818414592) 00:18:45.199 --> 00:19:07.399 We were just waiting to see if there's any changes we may need to make based on some of the evaluation feedback. Then there's a brief update on our contact with the City of Seattle Department of neighborhoods, community Liaison program. We had three individuals who worked. 86 "FAS SMT 4080" (3818414592) 00:19:07.399 --> 00:19:45.692 From the communities on, they're all located in D five, very strong in the community in D five and this is just a summary of some of the activities they were able to do. The last bullet, 400 interactions with individuals in district five, it was really we got a final report and it was, they had at least 800 interactions with individuals in D five, however best it was for them serving their community. So that is my update. Any question? 87 "Jonathan" (186497280) 00:19:45.692 --> 00:19:49.591 Questions for Renee? 88 "Vivian Vassall" (248009216) 00:19:55.976 --> 00:19:59.669 I'm always a great update exciting. 89 "Jonathan" (186497280) 00:19:59.669 --> 00:20:15.671 Thanks. I always ask the same thing, but I'm always just curious what sort of questions folks are asking especially when we have the tabling events you know like community events and things like that. Do you have a sense of sort of what the, the questions are that are being posed? 90 "FAS SMT 4080" (3818414592) 00:20:15.671 --> 00:20:40.835 They've been asking the same sort of questions year after years. What are these and how do I use them? Your year after year, is there a greater knowledge up or understanding of? Are you seeing more people actually knowing what this is or same rate of people saying, what on earth is this? It feels like the same rate, yeah. 91 "Jonathan" (186497280) 00:20:40.835 --> 00:20:54.809 And Renee, can you remind me? I know we talked about it in some of the previous meetings, what our budget was this year for the the consultants that we used through the RFP process for some outreach. 92 "FAS SMT 4080" (3818414592) 00:20:55.893 --> 00:20:57.912 I didn't hear a part of this. 93 "Jonathan" (186497280) 00:20:57.912 --> 00:21:07.008 Yeah, I'm just trying to remember what our budget was for the consultants that we used for outreach this year. Do you recall the approximate amount. 94 "FAS SMT 4080" (3818414592) 00:21:07.008 --> 00:21:23.190 Oh, was it a hundred thousand this year? Hundred thousand this year. Thank you. 100000 for this year. Yeah. It goes up to 300 and that's in the citywide. Okay. 95 "Jonathan" (186497280) 00:21:23.190 --> 00:21:26.853 Any additional questions by any of the commissioners? 96 "FAS SMT 4080" (3818414592) 00:21:26.853 --> 00:21:44.879 Yeah, so just been a hundred thousand on outreach for the D five this year. That's what was budgeted. We haven't been built that. Okay. Got it. Alright, I guess I would let I wouldn't. 97 "FAS SMT 4080" (3818414592) 00:21:44.879 --> 00:22:00.239 For the record just state that at least for the invoicing thus far we've not quite hit up 300000 so for us to spend nearly a 3rd of that on outreach seems like a lot of outreach for a much smaller company, right? 98 "FAS SMT 4080" (3818414592) 00:22:00.239 --> 00:22:15.809 Something to be aware of that at least in a smaller year, is the, is the hundred thousand per consulting costs, is that year to year what we tend to see for the outreach? No, normally it's 300000. Normally 300000. Okay. 99 "FAS SMT 4080" (3818414592) 00:22:15.809 --> 00:22:34.319 Just as we're a city and a state heading into austerity period, I would, I would highlight that that if we can keep the consulting costs down on a year when we actually have very little that we're rolling out would be. 100 "FAS SMT 4080" (3818414592) 00:22:34.319 --> 00:22:54.688 I think an easy thing for someone to point you that said that if we spent a hundred thousand and build out 300000 that we spent a quarter of this telling people about money. 101 "Jonathan" (186497280) 00:22:54.688 --> 00:23:06.553 Further comments, questions? Okay moving on to Wayne's report. 102 "FAS SMT 4080" (3818414592) 00:23:06.553 --> 00:23:31.130 I'm gonna go on vacation next week. I'm gonna go to Santa Fe. Other than that I do want to thank we are welcoming a new member into the SEDC family. Momadu, the investigator, who you confirmed to hire last or maybe in May, he just had a child. So it's 1st child, so yes. Are you proud of him? Yes. But that's it. Don't really have much going on. It's been a very slow summer. 103 "Jonathan" (186497280) 00:23:31.130 --> 00:23:50.168 Well congratulations to Momadu and enjoy your well earned vacation. Unless there's any questions for Wayne, we'll turn next to a public records Act training. So I will turn it over to assistant city attorney Aaron Valla. 104 "FAS SMT 4080" (3818414592) 00:23:50.168 --> 00:24:06.089 Thank you very much commissioner. So, here today on behalf of city attorney's office to provide a public recorded training to your commission. My name is Aaron, as you mentioned, I'm the city attorney with the affairs section and I regularly advise city. 105 "FAS SMT 4080" (3818414592) 00:24:06.089 --> 00:24:26.089 Fours commissions and departments on public Records Act client as well as privacy and so if other issues come up, please do reach out in the future going forward. So, today's training, do we happen to have the slide deck yet, so thank you so much Cliff. There's a slide deck that's. 106 "FAS SMT 4080" (3818414592) 00:24:26.089 --> 00:24:46.089 Working through today, so the public Records Act. Many of you are probably familiar with it, but for those of you who are new to this work, It's and RCW 4256 is the Washington State's transparency law, so. 107 "FAS SMT 4080" (3818414592) 00:24:46.089 --> 00:25:06.089 For those of you who maybe more familiar with the Freedom of Information Act or federal level, this is the the state law that applies to state and local agencies and requires disclosure of public records upon request of public. So it does apply to all Washington State local and state governments, including the boards of commissions that may have. 108 "FAS SMT 4080" (3818414592) 00:25:06.089 --> 00:25:26.719 Oh I'm sorry, next slide please so in terms of what a public record to act, a public record is, which forced the basis of the act, includes any writing which is broadly defined to be really any kind of record, that is containing information. 109 "FAS SMT 4080" (3818414592) 00:25:26.719 --> 00:25:46.719 Related to the contact of government with the performance of any governmental proprietary function is prepared, owned, used or retained by the agency. So really on a very broad level, this is any of the the records that'd be great in the course of our report for the city. And so this is something where emails, text messages, voice. 110 "FAS SMT 4080" (3818414592) 00:25:46.719 --> 00:26:20.929 Teams messages, all of those will be considered records using them in the course of our work for for your group on for your commission on behalf of the commission or interactions with the city. So as I mentioned, the writing is very broadly defined. It's any form of record. This includes videos, this includes audio, this includes ephemeral messages, all of those will be considered video AI prompts is written in such a way, the course will be interpreted in such a way as to be very broad as to the scope of of when it's. 111 "FAS SMT 4080" (3818414592) 00:26:20.929 --> 00:26:40.929 Writing. The definitions are pretty prepared, owned, used or retained by an agency. Some of those are pretty self explanatory. Did we created in the working in the work that we're doing for the city? Do we do we cause somebody else to create it? So have we been working with like a consultant or a vendor to create records on our behalf, which we haven't ownership interest I guess. 112 "FAS SMT 4080" (3818414592) 00:26:40.929 --> 00:27:00.929 Contract and or if we retain them, are they actually in our fonts? Those are all pretty straightforward. Use is a little bit more nebulous concept in which of course have said that if we have looked at it and reviewed a document and used it as there's a nexus between that document and our decision making or our actions that were being taken. So for instance, as a commission, if you were to review. 113 "FAS SMT 4080" (3818414592) 00:27:00.929 --> 00:27:18.959 Do a record that we don't actually have, but we're to make a decision based on that record, we can still be held responsible to provide any response to the public records. So making arrangements for allow for having a copy of the records that we're using in the course of our work will be essential to apply to the public record time. 114 "FAS SMT 4080" (3818414592) 00:27:18.959 --> 00:27:38.959 The the takeaways from today's training are that the records that you create as commissioners and use commissioners are public records. This can include records that are on personal devices, so personal email accounts. So to the extent that those devices or accounts are being used in the course of commission work. 115 "FAS SMT 4080" (3818414592) 00:27:38.959 --> 00:28:03.079 Something to be aware of that those records can, in fact be public records and the city does not have an obligation to search your device or your account to collect those records, but we will, will ask you to provide those records in response to a request. Should there be a request attached on those records? That will be something where you maybe asked to provide any text messages or emails related to a particular. 116 "FAS SMT 4080" (3818414592) 00:28:03.079 --> 00:28:23.079 To your work as a commission that on a personal advice that's records are really great as part of your role as a commissioner at the direction of the commission or on behalf of the commission the scope of of records and public records in that context. So it's at that point you maybe asked to sign an affidavit that they'll verify. 117 "FAS SMT 4080" (3818414592) 00:28:23.079 --> 00:28:43.079 That you have that you understand what you're searching for and how you perform that search, that will help us verify our compliance. Ultimately that's something where whatever your public disclosure officers Paul for your guys group would reach out and and help explain what the request is and what they're seeing from you. Now that's a great. 118 "FAS SMT 4080" (3818414592) 00:28:43.079 --> 00:29:03.079 Point in time to flag if there are any concerns, if there might be attorney client privilege or some other sensitive information in those records. It's a great time to flag it for your public disclosure officers. They will be the ones who actually assert the exceptions and we'll talk about exceptions here in just a minute. But we really what we really want to do is collect all responsive records. 119 "FAS SMT 4080" (3818414592) 00:29:03.079 --> 00:29:25.339 And allow them to do their work. Okay, we know that one element there is that by use of personal device or personal account for a city business that the email address or the phone number associated with that maybe itself become public record. So it's something where some commissions who are not using city accounts for the. 120 "FAS SMT 4080" (3818414592) 00:29:25.339 --> 00:29:44.519 Their work have decided to form like a create a special Gmail account especially for their commission work, so that it keeps all the records in one place, makes it easier to, to comply with our retention requirements and public records requirements and also avoids that having their personal email that they're using their day to day work and the public record. So something to consider. 121 "FAS SMT 4080" (3818414592) 00:29:44.519 --> 00:30:04.519 That's not, it's not a requirement, but it's something that may make if you're using personal accounts and devices, it may make something easier. So in terms of compliance, who does what? Your public disclosure officers will handle a lot of the administrative tasks associated with the public Records Act, which can include acknowledging and responding to a request with. 122 "FAS SMT 4080" (3818414592) 00:30:04.519 --> 00:30:24.519 Five business days so that the act requires an agency acknowledge request and provide a reasonable estimate when records will be provided within five business days, we do not have the obligation to completely fulfill the request of it within those days, but it is something that they need to get moving on at least scoping a request and figuring out how long it's going to take to find it. 123 "FAS SMT 4080" (3818414592) 00:30:24.519 --> 00:30:46.849 Some records in response to that request. The published closure officers will also be handling clarifications and administrative back and forth with the requesters. They will perform searches of locations that are available within the city and then also work with records custodians to retrieve records that maybe outside city systems and so they may need to be paid. 124 "FAS SMT 4080" (3818414592) 00:30:46.849 --> 00:31:06.849 Maybe reaching out to commissioners as a whole or individually as little to a particular request to to obtain records and then they will review the search results for responsiveness and apply any exemptions seeking consultation when they need to do that. As commissioners, what we what your role would be in terms of public records actually compliance would be to be aware. 125 "FAS SMT 4080" (3818414592) 00:31:06.849 --> 00:31:26.849 A public potential public disclosure request that come in outside the city systems. We do have a portal that we try to direct most requesters to use but we cannot require that they use a portal, so if you were to receive an email in your role as a commissioner a letter or someone were to come to one of your meetings and make public comment. 126 "FAS SMT 4080" (3818414592) 00:31:26.849 --> 00:31:46.849 In such a way to request specific records. That maybe a public records request. Please do pass that along to your public disclosure officer so that we can make that determination and clarify the intent of the requester and and process it properly. What we don't want to have happen is a public records request gets made, particularly in a recorded open meeting of some sort. 127 "FAS SMT 4080" (3818414592) 00:31:46.849 --> 00:32:12.379 And then we never respond to it or address it as such, that could create a potential liability. So, again, if you're not sure if it's a request, go ahead and pass it on to your public disclosure officer, they'll work to clarify and and handle it from there. The other, the other the next thing to remember is that once a request comes in, we have an obligation to preserve records. So even if we could have otherwise disposed of them due to, to NO longer a needing purpose. 128 "FAS SMT 4080" (3818414592) 00:32:12.379 --> 00:32:27.689 These purposes or for do the retention schedules that apply to the records. Once we have a request that puts a hold on on those records and we have an obligation to not destroy records at that point and to provide them asserting any relevant exceptions as as long as. 129 "FAS SMT 4080" (3818414592) 00:32:27.689 --> 00:32:47.689 When we are asked or when asked commissioner, when you are asked to help respond to a request, please do provide any relevant information. It is very helpful for your public disclosure officers who may not know exactly the context which you're looking at a record. So if there's something that you're particularly concerned about, flag for them. We will see if there's an applicable exemption. 130 "FAS SMT 4080" (3818414592) 00:32:47.689 --> 00:33:20.569 Or to have communications with the requester as needed about that about that record. But ultimately please do provide the records for your officers so that they can fulfill their role in complying with the with the law. And then again that that would occur when we need to perform a search of not city devices. So that's pretty rare, but when it does happen, that that maybe what what what's going on there. Okay, go to the next one, please. Who is the seed PO? So that would be Polly Rome. It is your primary and then Chrissy Courtney Courtney. 131 "FAS SMT 4080" (3818414592) 00:33:20.569 --> 00:33:44.629 Yes, is, is, offices in that role as well. And you can also always come. Yeah. And then I did mention exemptions. There are about 400 different exemptions, always growing to the public records act. You have NO need to need to know all of them. There are ones as varied as the ones that we're talking to talk about today, which are fairly common all the way down to wolf departation and things the city presently in. 132 "FAS SMT 4080" (3818414592) 00:33:44.629 --> 00:34:04.629 So, as I said, we, the public sloture officers, they work with my office to help identify irrelevant exceptions and apply them. But really what what we're asking for your assistance and helping to flag things, things that would give you heartburn and things that would raise your concerns about about going up, that's gonna help us identify what your. 133 "FAS SMT 4080" (3818414592) 00:34:04.629 --> 00:34:24.629 Information we think might be other exceptions. So we will also apply these exceptions and your public explosion officer's review. We we do have all regular trainings with them as well. So it's just more something to flag these things if you happen to know they are there. So attorney client privilege and work product are protected in the context of public disclos. 134 "FAS SMT 4080" (3818414592) 00:34:24.629 --> 00:34:53.279 To the same extent they're protected its civil litigation. So that's gonna protect confidential communications for the purpose of seeking or providing legal advice or where legal advice has been shared amongst for the purposes of 78 to people who need to know it or on the work product side, if there are records that are specifically gathered or at the direction of an attorney in context of litigation or if they're prepared in an anticipational litigation, those will be protected to the same extent as in civil litigation. 135 "FAS SMT 4080" (3818414592) 00:34:53.279 --> 00:35:13.279 Deliberate process, deliberate process is an exception that protects ongoing decision making processes. So to the extent that recommendations and opinions are being expressed as part of an ongoing policy decision making process, those records would fall under that exception. The exception is very limited and. 136 "FAS SMT 4080" (3818414592) 00:35:13.279 --> 00:35:33.279 Well it's time bound, so it's limited in such that it doesn't apply to the underlying factual information that's being exchanged as part of the decision making process, but the ongoing recommendations and thoughts and opinions are are protected if it would harm if disclosure would harm that process. And then time limit is time bound by the once a decision has been made. 137 "FAS SMT 4080" (3818414592) 00:35:33.279 --> 00:35:53.159 Those all the underlying records are NO longer following the exception. So it is a temporal, it's a temporary exception that only applies for an ongoing decision making process. So what that kind of means is if there's an ongoing back and forth, and I know a lot of as commission a lot of deliberations would happen in an open public meeting forum, but if you were working with some of. 138 "FAS SMT 4080" (3818414592) 00:35:53.159 --> 00:36:13.159 Which Wayne or someone else on a policy product that you want to bring the forth commission, the thoughts and opinions went back and forth in that context maybe protected up until a decision has been made. So I also want to mention that there are protections for some of seats. 139 "FAS SMT 4080" (3818414592) 00:36:13.159 --> 00:36:33.159 Ethics and elections investigations under the statute there. And then there's still categorical exception, the application of the law enforcement exception, but there is an exception that applies to civil law enforcement which seeks enforcement of the ethics code is considered a civil law enforcement. 140 "FAS SMT 4080" (3818414592) 00:36:33.159 --> 00:36:53.159 So there there's a breakdown of there's not a category exemption, so we can't just say there's an ongoing investigation, NO records go out, but what we can do is a record by record analysis of what records are are non disclosure is essential for effective law enforcement. So that's something where disclosure while. 141 "FAS SMT 4080" (3818414592) 00:36:53.159 --> 00:37:17.899 But on investigations ongoing, it's gonna disrupt the investigation in such a way as to render it, to, to harm the actual truth finding of that investigation. That might be something where I've seen departments utilize that for like ongoing what one witness has said they don't want to crop one another. And so that while the investigation's ongoing. 142 "FAS SMT 4080" (3818414592) 00:37:17.899 --> 00:37:37.899 That would be, you know, that was testimony might be held back. So we can of course apply those exceptions at the public closure officer level, but it's just kind of for your awareness of of what's available there. There's also an exception on that for private information that may have come up and of course. So again, if there's information of that nature that's coming out as public. 143 "FAS SMT 4080" (3818414592) 00:37:37.899 --> 00:37:57.899 On the record request, we can flag it and apply exemptions as possible as necessary. Those exceptions see that form of either redactions or withholdings for an entire documents except. We have to acknowledge the existence of a record, but ultimately we can hold back as long as we provide a brief explanation and a citation to say. 144 "FAS SMT 4080" (3818414592) 00:37:57.899 --> 00:38:19.519 So I did want to also mention that offers the local whistle lower protections and that where there are reports of a proper governmental action we can hold back the identifying information for whistle lower complaints. But that I do want to draw a distinction that does that protection just. 145 "FAS SMT 4080" (3818414592) 00:38:19.519 --> 00:38:39.519 Not cover personnel actions. So whether oftentimes or not oftentimes, but it has occurred on occasion where someone's making a complaint to the ethics elections commission that maybe more properly geared towards the HR department and that so the protections for whistle blowers will not apply more personnel. 146 "FAS SMT 4080" (3818414592) 00:38:39.519 --> 00:38:59.519 All right, we can go to the next slide. So the consequences for non compliance, of course we are trying to apply with the law, but there is NO I do want to flag that there is NO personal liability under the public records that so a US commissioner are not going to be held personally liable for for non compliance, the agency, so here the city of Seattle. 147 "FAS SMT 4080" (3818414592) 00:38:59.519 --> 00:39:19.800 Or way more specifically commission as a whole might be held up for violation of for violation of the public Records Act, but it's not something where you're gonna face a personal personal liability. However, for litigation, if there was a public Records Act request and you were responding with some records that we were then processing through the department. 148 "FAS SMT 4080" (3818414592) 00:39:19.800 --> 00:39:38.880 Oh, and there was some issue with that. You might be asked for my testimony or declarations as to your involvement. Again, if you're dealing with those affidavits to say I searched for my records five of them, you might be asked to testify exactly how that came about, and that that maybe the limit of your scope of of. 149 "FAS SMT 4080" (3818414592) 00:39:38.880 --> 00:39:58.880 Your scope of involvement with the litigation. So where HC is found to have denied and violated the public records active either by denying requests for an opportunity to inspect a record or not making a reasonable estimate of how long it will take to provide records. A court can find a penalty that says penalty of up to a hundred dollars per day per record. 150 "FAS SMT 4080" (3818414592) 00:39:58.880 --> 00:40:18.880 That can add up very quickly, as you might imagine. Oftentimes courts are are reluctant to assess the whole hundred dollars outside of showing some type of bad faith or balf fees or intentional delay. But it is possible so we want to flag that as the outside balance of what they're able to do. Also, more commonly, the courts. 151 "FAS SMT 4080" (3818414592) 00:40:18.880 --> 00:40:38.880 So if there's a violation that's found, there's a finding that the agency is responsible for the requester's attorney's fees and costs. Those are oftentimes much larger than the actual penalty assessed against the against the agency. Oftentimes an agency can demonstrate good faith, something just happened to the current violations, it is a human endeavor, but. 152 "FAS SMT 4080" (3818414592) 00:40:38.880 --> 00:40:58.880 And so the court might say, we don't need to penalize you partially for that, but we may take a year or two to litigate that out and so just something for awareness of what part of the reason of many reasons we take it so seriously, also non compliance can also result in unfavorable media attention, a breakdown of trust with the public being certified. 153 "FAS SMT 4080" (3818414592) 00:40:58.880 --> 00:41:17.130 By the agency of the commission and could tie up the agency resources in a way that takes away from the primary mission that you're all here to perform, so we don't want to tie up your time, your time is valuable to us. We don't want to waste your time in PRA litigation, but so the more you can help us with our compliance efforts, the, the less chance that might be happening. So, and then we can go the. 154 "FAS SMT 4080" (3818414592) 00:41:17.130 --> 00:41:37.130 The last slide. So the overall takeaways for the again for today's training is things to be aware of is the records that you prepare are that you use as a commissioner are public records subject to disclosure. Those activities are mostly gonna happen on the on the department side. Hopefully it's a very small impact on you and your day to day work as commissioner, but. 155 "FAS SMT 4080" (3818414592) 00:41:37.130 --> 00:41:57.130 Please do help us out if, if you are approached by the public disclosure officers to or if you receive a request that you think it might be a public disclosure request, please do send it to to the pdos and they'll help you out. And then again any we've value your experience and your, your knowledge of the work that you're doing. If there's things that we should be aware of when we're. 156 "FAS SMT 4080" (3818414592) 00:41:57.130 --> 00:42:17.910 Responding to our request, please do reach out. We're happy to incorporate that into into our work. And then once a request has been received, just so that we'll have to preserve those records. So even setting aside if there's an ongoing draft, we may want to save a version that up until the point the request came in and then we'll work from another ongoing copy just so that we can keep it clear what record existed at that topic. 157 "FAS SMT 4080" (3818414592) 00:42:17.910 --> 00:42:37.910 So, with that, I'm happy to answer any practical questions. We keep legal legal questions for an executive session if there were legal questions or please do follow up either to myself. I believe there's one more slide here. Yep. You can work directly with your public disclosure officer and they can follow questions by way or I'm happy to answer questions directly. 158 "FAS SMT 4080" (3818414592) 00:42:37.910 --> 00:42:57.910 Loop in your public disclosure officer if it's about responding to a particular request, just to keep the lines of communication consistent so that we're not that to avoid misunderstandings or frustrations that might evolve from from two people hearing different things. So, but please do reach out this is a. 159 "FAS SMT 4080" (3818414592) 00:42:57.910 --> 00:43:07.987 The overall message, so thank you again for your time, for your service. I know I appreciate you guys taking some time today on your meeting to to work with me. So thank you very much. Thank you. Thanks. 160 "Jonathan" (186497280) 00:43:07.987 --> 00:43:25.272 Thanks Aaron. We appreciate it. It's always good for us to get a refresher, even those of us who work with the PRA, it's always, there's always something new buried in there, so appreciate you taking the time to meet with us. Anyone have questions for Aaron? 161 "Vivian Vassall" (163111680) 00:43:25.272 --> 00:43:34.449 I just wanted to say thank you as well. That was very succinct to the point and super helpful. So thank you. 162 "Jonathan" (186497280) 00:43:39.872 --> 00:44:05.371 Looks like NO questions, I think that's the last of our items on our agenda, meeting today. Thanks everyone for attending. Our next meeting is 7 October 2026. I'll try to be there in person for that one. So with that, we'll conclude the meeting today and hope everyone has a good week. Thanks everyone. 163 "Kai Smith" (762991360) 00:44:05.371 --> 00:44:08.089 So thank you. 164 "Vivian Vassall" (163111680) 00:44:08.089 --> 00:44:12.416 Thank you.