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Resources for Trustees

Definitions (RCW 42.56.10)

Agency
 
“… includes all state agencies and all local agencies. “State agency” includes every state office, department, division, bureau, board, commission, or other state agency. “Local agency” includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.”
 

Note: AG Opinion AGO 2002 No. 2 addresses the applicability of this definition to associations comprised of counties, county officials, cities, and port districts, stating “While associations comprised of counties or local public officers are not ‘agencies’ as defined in RCW 42.17A.005(2), they could in certain circumstances be found to be ‘functional equivalents’ of agencies for purposes of applying particular portions of the Public Disclosure Act; this would be greatly dependent on the facts of a particular case.” WAC 44-14-01001 provides additional information, including the following four-factor test applied by the courts on a case-by-case basis:

  • Whether the entity performs a government function;
  • The level of government funding;
  • The extent of government involvement or regulation; and
  • Whether the entity was created by the government.
Person in interest
 
“…the person who is the subject of a record or any representative designated by that person, except that if that person is under a legal disability, "person in interest" means and includes the parent or duly appointed legal representative.”
 
Public record
 
includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics…”
 
Writing
 
“… handwriting, typewriting, printing, photostatting, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.”