Chapter §10.3 Other Considerations-Record Retention

• Jurisdiction: Washington

§10.3 OTHER CONSIDERATIONS—RECORD RETENTION

Under RCW 42.56.100, once a record has been requested, the agency "shall retain possession of the record, and may not destroy or erase the record until the request is resolved." In other word, "[destruction of a requested record violates the PRA and can lead to imposition of penalties. "Neighborhood Alliance of Spokane Cnty. v. County of Spokane, 172 Wn.2d 702, 750, 261 P.3d 119 (2011) (Madsen, C.J., concurring). The fact that the destruction was otherwise authorized by the retention schedules promulgated by the secretary of state pursuant to Chapter 40.14 RCW is not a defense. O'Neill v. City of Shoreline (O'Neill II), 170 Wn.2d 138, 149-50, 240 P.3d 1149 (2010).

Editors'
Comment:: The clear prohibitions in RCW 42.56.100 regarding records retention could be interpreted to conflict with the very next provision of the PRA, RCW 42.56.110, which provides: "Nothing in this chapter prevents an agency from destroying information relating to employee misconduct or alleged misconduct, in accordance with RCW 41.06.450, to the extent necessary to ensure fairness to the employee." The cited provision only applies to state employees, not employees of local governments, and only potentially allows records to be destroyed in very narrow circumstances. See Amren v. City of Kalama, 131 Wn.2d 25 32-33, 929 P.2d 389 (1997) (holding statute did not apply to city employee). No appellate

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