WESTERN WASHINGTON UNIVERSITY BOARD OF TRUSTEES AGENDA October 9, 2014 THURSDAY, OCTOBER 9, 2014 Location: OM 340 Time: 3:00 p.m. 1. CALL TO ORDER 3:00 – 3:05 2. WATERFRONT DEVELOPMENT 3:05 – 3:50 Presentation: Steve Swan, Vice President, University Relations and Community Development Rob Fix, Executive Director, Port of Bellingham Discussion 3. PUBLIC RECORDS TRAINING 3:50 – 4:35 Presentation: Kerena Higgins, Assistant Attorney General Tony Kurtz, University Archivist and Records Manager, Wilson Libraries Discussion 4. EXECUTIVE SESSION MAY BE HELD TO DISCUSS PERSONNEL, REAL ESTATE AND LEGAL ISSUES AS AUTHORIZED IN RCW 42.30.110(1)(i). 4:35 – 5:00 Active Minds Changing Lives page 1 1. CALL TO ORDER WESTERN WASHINGTON UNIVERSITY ITEM SUBMITTED TO THE BOARD OF TRUSTEES TO: Members of the Board of Trustees FROM: Bruce Shepard, President for Steve Swan, Vice President for University Relations and Community Development DATE: October 9, 2014 SUBJECT: Waterfront Development PURPOSE: Discussion Item Purpose of Submittal: Rob Fix, Executive Director of the Port of Bellingham, will give a powerpoint presentation on the current status of the Waterfront Development Project. The Waterfront District * 227 Acres * 3 Miles of Shoreline The Plan • • • • • Vibrant Mix of Uses 33 Acres Parks & Trails WWU Extension Campus Jobs for WWU Grads New Downtown Marina The Challenges * Six State‐Listed Cleanup Sites * Cleanup Costs >$150 Million The Challenges * No Roads or Utilities * Infrastructure Costs >$131 Million The Challenges • Failing Industrial Shorelines (with Upland Contamination) • Endangered Species • Regulatory Permits Regulatory & Permit Requirements (Partial List) • Federal – NEPA – ESA (US Fish) – Tribal Treaty Rights – NRDA – CERCLA (EPA) – Army Corp of Engineers – HABS/HAER – CWA – USCG • State – – – – – – • Local SEPA MTCA SMS HPA (WDFW) DNR Cultural Resources – – – – – – – – – Critical Areas Design Review Binding Site Plan Clearing/Grading Shoreline Management Act Planning & Zoning Port Comprehensive Scheme Stormwater County Health 14 Different Federal, State, Local & Tribal Agency Stakeholders It’s Complicated! How Did We Get Here? Pacific American Fisheries – largest salmon cannery in world Puget Sound Sawmills & Timber – largest shingle mill in world Historic Waterfront Economy 8 Waterfront District ‐ 1987 9 Waterfront District ‐ 2001 Loss of Over 1200 Jobs 10 Waterfront Futures Group (2002‐2004) • Rebuild the Waterfront Economy • Restore the Health of Land and Water • Improve Public Access to Water • Reinforce the Inherent Qualities of the Waterfront Private Sector Redevelopment Unfeasible 11 Port Acquires GP Property (2005) The Waterfront District (227 Acres) * Avoid Fenced Off, Underutilized Waterfront * Achieve Community Vision Key Partnerships • Georgia Pacific – Land for Cleanup – Environmental Insurance Policy • Port – Environmental Cleanup – Marine Infrastructure • City of Bellingham – Streets, Parks, Utilities – Development Predictability • Ecology – 50 % Cleanup Grants Project Status • All Zoning and Agreements in Place • Environmental Cleanups Underway • Designing Phase 1 Roads & Parks • Negotiating Deal with Harcourt Developments for 10.8 Acres Project Overview • 5 Distinct Development Areas • Phased, Long‐Term Development • 33 Acres Parks • 6529 Jobs Marine Trades Area • Working Waterfront & Family Wage Jobs • Future Marina Development Marine Trades Area • Technology Development Center – $1 Million Project – Port, WWU, BTC & Private Industry – Research, Development & Training Area Washington “Innovation Zone” Downtown Waterfront • Extend Downtown to the Water • “Smart Growth” • WWU Extension Campus Downtown Waterfront • Construction of Phase 1 Parks & Roads is scheduled for 2016‐17 • 1500’ Shoreline (Boulevard Park ~1000’) 1500’ Log Pond • Light Manufacturing & Assembly, High Technology, R&D • Public Access along Shoreline Shipping Terminal • Deep Water Port • Shipping, Port & Industrial Activities Cornwall Beach • Large Public Park • Overwater Connection to Boulevard Park • Design Phase Project Economics • City: $131 Million (Parks & Infrastructure) – Phased investment – Offset by grants – Recover by increased tax base • Port: $194 Million (Cleanup & Marine Infrastructure) – Phased investment – Offset by grants – Recover by sale or lease of 98 developable acres Innovation & Sustainability • Brownfield Site Redevelopment • LEED‐ND Planning Approach • East/West Street Grid for Passive Solar Gain • Elevate Site Grades for Sea Level Rise • Adaptive Reuse & Industrial Icons Innovation & Sustainability • Shoreline Restoration for Salmon Habitat • District Utility Feasibility Study – Micro‐Hydro Power – District Energy – District Non‐Potable Water • Underground Parking – Walkable Neighborhood – Reduced Stormwater Impacts • Clean Ocean Marina Next Steps • Continue Environmental Cleanups • Install Phase 1 Roads & Parks • Sell & Lease Property WESTERN WASHINGTON UNIVERSITY ITEM SUBMITTED TO THE BOARD OF TRUSTEES TO: Members of the Board of Trustees FROM: Kerena Higgins, Assistant Attorney General DATE: October 9, 2014 SUBJECT: Public Records Training PURPOSE: Presentation Item Purpose of Submittal: Earlier this year the Legislature of the State of Washington enacted an act known as the Open Government Trainings Act. The act relates to training public officials and employees on the following: public records, records management, and open public meetings. The new laws represent an effort by the legislature to support the rights of citizens to participate in the democratic process of open public government and limit violations by providing routine training and broadening awareness. At the August 2014 Board of Trustees meeting, Board members received training from Assistant Attorney General Wochos on the Open Public Meetings Act. As part of the initiative to inform governing boards and employees on records management and the Public Records Act, Assistant Attorney General Higgins will present training materials on the Public Records Act, Chapter 42.56 RCW, and Tony Kurtz, University Records Manager, will present information on record management at the university. Supporting Information:   Presentation materials on Public Records Act – Kerena Higgins, Assistant Attorney General Presentation materials on Records Management Training – Tony Kurtz, University Archivist and Records Manager, Wilson Libraries PUBLIC RECORDS ACT TRAINING By the Washington State Attorney General’s Office Presented by: Kerena Higgins, AAG October 9, 2014 PURPOSE OF THE OPEN GOVERNMENT LAWS  People do not yield their sovereignty to the agencies which serve them.  They do not give public servants the right to decide what is good for the people to know and what is not good for them to know.  Remain informed so they may maintain control over the instruments they have created. 2 OPEN PUBLIC RECORDS LAW     Passed in 1972 as part of Public Disclosure Initiative All records open unless there is an exemption Burden of proof on public agency to show why record is not open to the public RCW 42.56 (formerly RCW 42.17) 3 What is a public record?  “Any writing which contains information relating to the conduct of government or the performance of any governmental or propriety function.” 4 “Writing” means….  Handwriting, typewriting, printing, photostating, 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. 5 So, “public records” include:  Paper records  Photographs and film  Electronic records and emails 6 AGENCY OBLIGATIONS      Provide fullest assistance to requester Designate a public records officer Provide most timely possible action No fee for viewing records Records must be available during customary business hours 7 MORE AGENCY OBLIGATIONS  Search fees prohibited  Must honor requests by mail  No release of lists of individuals for commercial purposes  “Need to know” is generally not required 8 MAKING COPIES OF RECORDS These rules essentially allow any and all records to be accessed without allowing a state agency to be bankrupted by individuals requesting copious amounts of copies     Rules can be adopted to protect records and prevent disruption; need to adopt rules/procedures to allow for access Copying fees can be imposed, not to exceed 15 cents per page without justification Agency can require deposit not to exceed 10 percent of estimated cost of providing copies Agency can make copies available on partial or installment basis 9 RESPONDING TO A REQUEST FOR RECORDS  Within five (5) business days from when an agency receives a request, an agency must:    Provide the record, Acknowledge receipt of request and provide reasonable estimate of response time or to seek clarification (or notify others), or Deny the request and explain why. 10 RESPONDING TO A REQUEST FOR RECORDS   Denials must include specific reasons (referencing statute or law) for denying the request. For larger requests, create exemption (privilege) log identifying record (by date, author, title, etc.) and statutory exemption & reasons 11 What records are exempt?      Personal information in an employee’s personnel file, if “private” Investigations by law enforcement agencies until completed Preliminary drafts, notes, memoranda, or recommendations in which opinions are expressed or policies formulated Materials protected by attorney client privilege Other exemptions in law (trade secrets, other) 12 What happens if a request is denied?    Requester may file lawsuit in Superior Court (one year) Burden on the agency to prove record is exempt, or why time estimate to respond was reasonable Requester can also seek Attorney General’s Office review of exemption, and receive a non-binding written opinion. RCW 42.56.530 (state agency records only). Not required – requester can still file a lawsuit. 13 What happens if an agency loses in court?   If court reverses the agency it must require:  Payment of court costs and attorney fees Plus, if court reverses the agency it will:  Award $5 to $100 a day for each day the record inspection was unreasonably delayed or denied 14 Questions? 15 RCW 40.14 Provisions Records Management Training in support of ESB 5964 Tony Kurtz, University Archivist Western Libraries - Heritage Resources 650-3124 Tony.Kurtz@wwu.edu Overview • • • • Terms and concepts Agents and actors Requirements Compliance in practice at WWU Terms and concepts • Public Record – “writing” (“writing” = any information affixed to a medium, not just text on paper) – prepared, owned, used, or retained by Western – relating to the conduct of Western or the performance of any institutional or proprietary function Terms and concepts • Public Record… – Virtually all records produced at WWU meet the definition of “public records” in RCW 40.14 and are subject to its provisions – However, not all public records possess equal value • Duplicate copies of an official record are “public records” but do not carry the same retention requirement as the official version. Terms and concepts • Retention schedule – A legal document that lists the retention and disposition requirements for public records and that authorizes the disposition of public records • Disposition – The action taken when a record has satisfied retention requirements attending its creation and any other legal obligation requiring its existence • Destruction (most common) • Transfer to permanent archival status (for WWU – University Archives) Agents and Actors • State Records Committee (40.14.050) – Members drawn from Attorney General, OFM, State Auditor, and State Archivist – Approves all retention schedules – no records may be destroyed except by SRC-approved schedules • Records Officer (40.14.040) – Agency-level designee to coordinate all aspects of the records management program and oversee implementation of 40.14 provisions – Acts as agency liaison to State Records Committee Key Requirements • Custodial requirements – Public records are public property – Agencies, officials, and offices have custodial obligations – RCW 40.14.020: • All public records shall be and remain the property of the state of Washington. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only in accordance with the provisions of this chapter. Key Requirements • Accountability Requirements – All records must be identified and accounted for on agency retention schedules – No records may be destroyed unless authorized by a retention schedule approved by the SRC (40.14.050) • This process must be accountable Compliance at WWU • Records Officer – Agency Records Officer is Tony Kurtz – will transition to Rachel Thompson this year – Engaged on a daily basis with managing retention schedules and attaining compliance • Records Coordinators – Each office/program unit we work with has a designated “Records Coordinator” who serves as our primary point of contact – Should be the office director/official or designee – Should be a person with requisite knowledge and empowerment Compliance at WWU • Retention Schedules – Constantly evolving and updating – Major project underway to simplify • Recently eliminated about 600 titles from our books; SRC approved a whole new agency schedule for WWU last month • Training – Not an explicit requirement in RCW 40.14, but still an essential component of attaining compliance – Presently this is on-demand or targeted to key constituents – Will expand and diversify Compliance at WWU • Records Center – Off-site storage, protection, disposition of boxed paper records • Disposition – Provide and document disposition for records in the Records Center – Provide counsel and guidance for records stored by offices/programs Compliance at WWU • Digital Records – More complex than traditional paper records – Digital Records Preservation and Compliance task force • Membership from Libraries and ATUS, with representation from Public Records Office • Identify and articulate business and legal compliance needs • Develop procedures and processes • Identify system and infrastructure needs and propose any funding needs • Develop and pilot systems for digital records management and digital records preservation Contacts Tony Kurtz, University Archivist Tony.Kurtz@wwu.edu 360-650-3124 Rachel Thompson, Records Management Specialist Rachel.Thompson@wwu.edu 360-650-6654 4. EXECUTIVE SESSION Executive Session may be held to discuss personnel, real estate, and legal issues as authorized in RCW 42.30.110.