HomeMy WebLinkAbout02/16/2021 - MinutesMINUTES
City of Renton
Human Services Advisory Committee Meeting
February 16, 2021 - 3:00 p.m.
via Zoom https://zoom.us/j/91191121199?pwd=c3puOUxWRTVFZmppaUR1SWtIbUN1QT09
Attendance: Teresa Kenney (Chair), Krista Townsend (Vice Chair), Adair Hasty, Joe Scovel, Julie Dubravetz,
Catherine Dang
Excused: Amy Koehl, Leslie Anderson, Staci VanderPol, Jeannie Anderson
Guests: Cheryl Beyer, Senior Assistant City Attorney, and Jason Seth, City Clerk/Public Records Officer,
Marty Hartman, Executive Director of Mary’s Place, Michelle Frets, Executive Director of Vine Maple Place
Staff: Human Services Manager Guy Williams, Human Services Coordinator Dianne Utecht, Administrative
Secretary Jennifer Ayres
1. Call to Order at 3:10pm by Teresa Kenney.
2. Approval of Agenda – Catherine Dang moved to approve the February 16, 2021 agenda. The
motion was seconded by Krista Townsend. All were in favor; motion carried.
3. Approval of Minutes – Krista Townsend motioned to approve the January 19, 2021 minutes.
Motion was seconded by Catherine Dang. All were in favor; motion carried.
4. Presentation: Public Records Requests – Cheryl Beyer, Senior Assistant City Attorney, and Jason
Seth, City Clerk/Public Records Officer
See PowerPoint for detailed information from the presentation.
5. Agency Updates – Dianne Utecht, Human Services Coordinator
6. Agency “Visits” (2021-2022 Funded Programs)
See PowerPoint presentations for more information provided by both agencies.
A. Mary’s Place – Marty Hartman, Executive Director
1) 5 family centers with 24/7 wraparound services. 500 beds each night.
2) Programs include Women’s Day Center, Kids Club, Popsicle Place, and Baby’s Best Start.
3) Services have grown significantly. Since 2012, overnight stays have increased from 7,391
to 141,412 in 2020.
4) Capacity is decreasing due to Covid. Mary’s Place has lost 300 beds.
5) Need is increasing. Only 22% of families calling for shelter will find it.
6) 159 Renton families called for services in 2020. 49 Renton families were provided services.
67 Renton families returned to permanent housing within Renton.
B. Vine Maple Place – Michelle Frets, Executive Director
1) Integrated services focused on safety, stability, and self-sufficiency.
City of Renton Human Services Advisory Committee
February 16, 2021
Page 2
2)Safety offered through providing housing, basic needs, and health and safety services.
3)Stability provided through counseling, classes, self-esteem building, and adventure
activities.
4)Self-Sufficiency encouraged through family bonding, healthy relationship building,
tutoring, mentoring, life skills, and academic support.
5)Family Hope Center in Maple Valley is primary location for services.
6)1603 individuals and 524 families served in 2020. 91% of families are successfully housing
1 year later.
7)50 new families coming in each month. Currently serving 54 families, 100 children—23%
are from Renton.
7.Information
A.Committee Member Vacancy (Moved to Next HSAC Meeting)
B.Cold Weather Shelter
The City of Renton/Human Services Division activated the cold weather shelter for four nights
on February 11-15, 2021. The Shelter was located at the 300 Rainier N. (Old Chamber bldg.).
All supplies, food, warm beverages and personal protective equipment were provided by the
City of Renton. REACH along with All Star Security provided nightly operation, and a daily
warm-up breakfast was provided. The Human Services Division is grateful for the support of
our most vulnerable unsheltered residents as well as the collaboration with internal and
external partners ensuring smooth operation during this winter blast event.
Maximum Shelter Capacity was 15 Guests:
Day 1 6 Guests
Day 2 10 Guests
Day 3 15 Guests
Day 4 15 Guests
9.Adjournment
Motion to adjourn by Krista Townsend at 4:08pm. Seconded by Julie Dubravetz. All were in favor;
motion carried.
Respectfully submitted, _______________________________________ ______________________
Teresa Kenney, Chair Date
Next regular meeting is March 16, 2021 via Zoom:
https://zoom.us/j/91191121199?pwd=c3puOUxWRTVFZmppaUR1SWtIbUN1QT09
___3/17/2021_____
Open Government Training for
Boards and Commissions
Presented by:
Cheryl L. Beyer, Senior Assistant City Attorney
Jason Seth, City Clerk/Public Records Officer
Open Government Trainings Act*
•Records Retention and Destruction Requirements
-RCW 40.14
•Open Public Meetings Act –RCW 42.30
•Public Records Act –RCW 42.56
*Engrossed Senate Bill 5964
-63rd Legislature
-2014 Regular Session
-Effective July 1, 2014
New Open Government Training
Requirement
•Open Government Trainings Act –RCW 42.56.150; RCW
42.56.152; and RCW 42.30.205:
−Requires all public officials and records officers to take training
within 90 days of appointment as Public Records Officer with a
refresher training required every four years thereafter.
−Training must address the following issues:
•Retention of public records
•Production of public records
•Disclosure of public records
•Updates on new and improved technologies related to retention and
disclosure of public records
OPEN PUBLIC
MEETINGS ACT
RCW 42.30
Open Public Meetings Act (OPMA):
The purpose of the OPMA is to allow the public to view the
“decision-making process.”
Open Public Meetings Act (OPMA)
Applies to:
•Public Agency includes:
−Any sub-agency of a public agency which is created by or pursuant to
statute, ordinance, or other legislative act, including but not limited
to planning commissions, library or park boards, commissions, and
agencies.
•Governing Body includes:
−Multi-member board, commission, committee, council, or other
policy or rule-making body of a public agency.
•OPMA also applies to:
−Any committee of a public agency when:
•The Committee “acts” on behalf of the governing body
•Conducts hearings, or
•Takes public testimony
Open Public Meetings Act (OPMA):
•What is “Action?”:
−Defined as the transaction of the official business of the public
agency and includes, but is not limited to:
•Public Testimony
•All deliberations
•Discussions
•Considerations
•Reviews
•Evaluations
•Final Actions
The requirements of the OPMA are triggered whether or not
“final” action is taken.
RCW 42.30.020
Open Public Meetings Act (OPMA):
•What is a “meeting?”:
−“All meetings of the governing body of a public agency shall be open and
public and all persons shall be permitted to attend any meeting of the
governing body of a public agency, except as otherwise provided in this
chapter.”
RCW 42.30.030
−A meeting is a quorum of the governing body. For the Human Services
Advisory Committee this means six of the 11 members constitutes a
quorum.
−In order to conduct a proper meeting, a quorum must convene, and the
proper notice of the time, place, date, and agenda must have been posted.
−It is a violation of the OPMA for the governing body to meet outside of the
above described circumstances.
Open Public Meetings Act (OPMA):
•Notice Requirements:
−Regular Meetings:
•Recurring meetings held according to a fixed schedule by
ordinance, resolution, bylaws or other rule
•Agenda for each meeting must be posted online no later than 24
hours in advance of the published start time of the meeting
−Special Meetings:
•A meeting that is not a Regular Meeting, called by the presiding
officer or a majority of the members
•Written notice must be given 24 hours before the Special
Meeting and must specify the date, time, and place of the
meeting AND the business to be transacted
Open Public Meetings Act (OPMA):
•Notice Requirements (continued):
−Emergency Special Meetings:
•Notice is not required for a Special Meeting called to deal with
an emergency
−When the emergency involves injury or damage to persons or property or
the likelihood of such injury or damage
−Where time requirements of notice make notice impractical and increase
the likelihood of such injury or damage
RCW 42.30.070, RCW 42.30.075, RCW 42.30.080
Open Public Meetings Act (OPMA):
•Practical email tips:
−Passive receipt of an email is permissible
−Discussion of issues via email by the governing body can
constitute a meeting
−Write in the subject line or first line of the email:
“For informational purposes only. Do not reply.”
−Do not use “reply all” or send an email to all or a majority
of the board
−Utilize staff to email meeting materials to board
−Remember that emails are public records
−When it doubt, do not hit “send” button
Open Public Meetings Act (OPMA):
•Avoid “serial meetings”
−When a series of email, phone, or in-person communications about
agency business occurs involving, singly, less than a majority of the
body, but involving, cumulatively, a majority or more of the body.
•Example in a five-member board:
Councilmember A and Councilmember B discuss City business and then
Councilmember A communicates with Councilmember C indicating she spoke
about the issue with Councilmember B, and then Councilmember C responds
to Councilmember A about the same issue. Now three of the five
Councilmembers, a quorum, have held an illegal serial meeting.
A “meeting” under the OPMA does not require the contemporaneous physical –or
electronic –presence of the members. –Eugster v City of Spokane (2002).
OPMA Violations
Open Public Meetings Act (OPMA):
•Penalties for violations:
−Courts can impose $500 civil penalty against each
member (personal liability)
−Court will award costs and attorney fees to a successful
party seeking a remedy. If the court finds the action was
frivolous and advanced without reasonable cause, it may
award reasonable expenses and attorney fees to the
agency
−Action taken at the meeting where a violation occurred
can be declared null and void.
What is Renton Doing?
•Agendas are posted on the City’s website at least 24 hours
in advance of the meetings
•Notices are posted as required for Special Meetings
•Training provided to staff who serve as board/commission
liaisons
•Audio and/or video recordings are available to the public
•Agendas and minutes for boards/commissions are
incorporated into the City’s Digital Records Center
•We are training boards/commission members
PUBLIC RECORDS ACT
RCW 42.56
RCW 42.56.030
•“The people do not yield their sovereignty to the agencies
which serve them.”
•“The people, in delegating authority, 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.”
•“The people insist on remaining informed so they may
retain control over the instruments they have created.”
History of the Public Records Act
•Passed in 1972 –Initiative 276
•RCW 42.56 (formerly 42.17)
•Most recent amendments –
−Legislative work group met in summer and fall of 2016
−Passed two bills in 2017; effective July 23, 2017
−ESHB 1594 (Chap. 303, 2017 Laws)
−EHB 1595 (Chap. 304, 2017 Laws)
−AGO Model Rules were updated to reflect these changes
Writing: RCW 42.56.030
•“Writing includes “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 punch cards,
discs, drums, diskettes, sound recordings, and other documents
including existing data compilations from which information may be
obtained or translated.”
•So, “public record,” is broadly defined.
Electronic Records: WAC 434-662-040
•“Electronic records must be retained in electronic format and remain
usable, searchable, retrievable and authentic for the length of the
designated retention period. Printing and retaining a hard copy is not
a substitute for the electronic version unless approved by the
applicable records committee.”
Electronic Records: WAC 434-662-040
When a Public Records Request is
Received:
•Records staff must (within 5 business days):
−Acknowledge receipt of the request and provide a
reasonable estimate of when records will be available; or
−Make the records available for inspection or copying; or
−Provide an internet address and link on the City’s website to
the specific records requested; or
−Deny the request and provide a statutory reason as to why
the request was denied; or
−Provide the records with redactions and provide the
statutory reasons as to why some portions of the records
were exempted from disclosure
Fulfilling Requests
•Records staff must:
−Provide the fullest assistance to requestors; and
−Provide all responsive records; and
−Provide records in installments if necessary
−Review the records for possible exemptions or
redactions
Fulfilling Requests
•Agency and its members must:
−Read the request carefully to understand what records are being
requested
−Conduct an adequate search for responsive records
•Consider all formats (paper, electronic, email, etc.)
•Consider records of current and former staff/officials
•Consider all possible locations (file cabinets, website, audio files, etc.)
−The search should be conducted to locate all responsive records
−The search should follow all obvious leads to possible locations
where records may be found
−It is advised to document search efforts (locations, search terms
used, etc.) as the agency bears the burden of proof to show the
adequacy of the search (can’t hide records)
RCW 42.56.520
Fulfilling Requests
•Exemptions:
−Records are presumed to be public and subject to disclosure
−If a record or portion of a record is withheld from the public, the
agency must cite an “exemption” in law and provide a brief
explanation as to why it applies on an exemption/redaction log
−Exemptions are narrowly construed
−Exemptions must be authorized in law –in the Public Records Act
or other law
Fulfilling Requests
•Privacy:
−There is no general “privacy” exemption in the Public Records Act
−Privacy is a two-part test:
•“Would be highly offensive to a reasonable person;” and
•“ls not of legitimate concern to the public.”
•If the information does not satisfy both these factors it
cannot be withheld as “private” information under other
statutes.
RCW 42.56.050
Fulfilling Requests
•Common Exemptions:
−Personal information maintained in files for employees,
appointees, or elected officials of any public agency to the extent
that disclosure would violate their right to privacy
−Applications for public employment including names, resumes,
and other related information
−Social Security numbers, Credit and debit card numbers, electronic
check numbers, bank account numbers, certain tax information
−Attorney-client privileged information
−Intelligence and investigative records compiled by law
enforcement agencies
Penalties
•There is strict liability to the City for violations of the PRA/
The City must accommodate the requestor and act in good
faith:
−Ways of Violating the PRA:
•Not responding timely with 5-day letter or records to fulfill request
•Not providing a timely response
•Not providing all of the records
•Taking exemptions or redactions in violation of the PRA
•Denying records that are public
−The City has the Burden of Proof:
•Has to show timeliness
•Reasonable and adequate searches
•Proper exemption/redaction logs
•Providing records in the proper format
−Failure to comply:
•Per day penalties
•Reasonable attorney’s fees to the requestor
Penalties for Non-Compliance
•King County was penalized $124,000 plus attorney’s fees (a lot of $$$) relating to a
request for documents pertaining to the public financing of Qwest Field. The State
Supreme Court ruled the fine was large enough and sent the case back to Superior Court
with a recommendation to increase the penalty.
•The town of Mesa (near Pasco) has had to consider bankruptcy or disincorporation due
to $246,000 in attorney fees and legal penalties. That’s one-quarter of the their annual
budget.
•Mason County was penalized $320,000 in fines and legal costs in a case over a request
for documents related to a highway-corrector project and sewer systems.
•DSHS was ordered to pay a record judgement of $649,896 in 2000. They told the courts
they “inadvertently missed” the tape recording in question.
•A federal judge fined the City of Mercer Island $90,560 for illegally withholding several
public records for a period ranging from 842 to 882 days
•City of Bainbridge paid almost $500,000 in a settlement involving work-related emails
stored on a personal computer of a Councilmember. The Councilmember resigned.
OPEN PUBLIC MEETINGS ACT
PUBLIC RECORDS ACT
2014:A citizen filed a legal complaint that alleged a Puyallup City Councilmember “improperly maintained a personal
website for City related communications,”and “breached his lawful duties to comply with the Public Records Act”by
not disclosing the records to the city.The citizen had asked the city to provide all city-related correspondence sent
through the Councilmember’s private e-mail address tied to that website.A Pierce County Superior Court judge ruled
that the Councilmember must forfeit documents maintained through that private website.The judge also took the
City of Puyallup to task,saying the public’s full access to records,on any platform,must be protected.
2014:Snohomish County agreed to pay a $575,000 settlement with Citizens for Sustainable Development to resolve a lawsuit.The group submitted
more than 275 public records requests to the County Planning and Public Works Departments,the County Council,the County Executive’s Office,and
the Prosecuting Attorney’s Office.They filed a lawsuit in 2013 accusing the County of failing to respond to four of its records requests “in a timely
manner.”
2014:A court ordered the Mayor and Orange County (Florida)government to disclose IP addresses of all computers that tapped into accounts on the
cloud-based,file-sharing service known as Dropbox.The County had been allowing use of the file-sharing service to let employees view and edit
county documents on laptops and other mobile devices and work from home.The County has now abandoned its use of Dropbox in the wake of the
court’s ruling,saying disclosing IP addresses could leave the County vulnerable to hackers.
2012:Spokane County Commissioners approved a $400,000 settlement with The Neighborhood Alliance of Spokane County.The alliance had sought
public records to learn whether the son of a former Commissioner was given a job prior to a formal hiring process.The court ruled the County’s
search for records was inadequate,and that they had improperly rejected a request from the alliance to identify two people named on a seating chart.
Penalties for non-compliance:
Actions null and void.Any action taken at a meeting that fails to comply with the provisions of the Open Public Meetings Act can be null and
void.
Personal liability. Potential personal liability of $100 for any member of a governing body who attends a meeting knowing that it violates the
Open Public Meetings Act.
Agency liability.Any person who prevails against an agency in any action in the courts for a violation of the Open Public Meetings Act will be
awarded all costs, including attorney fees, incurred in connection with such legal action.
2014:Vashon Park District was forced to vote on a severance agreement for a former employee for a second time.The second vote was required
because the commissioners’first vote was done in a closed executive session,which is prohibited by state law.
2012:The State Auditor’s Office determined Whatcom County Councilmembers violated open meeting laws in three instances when council-
members sent emails to the full council.In two cases,a councilmember responded to the whole council.Topics discussed in the emails included
court funding and discussion of a public disclosure request.
2012:A newspaper in Montpelier,Vermont,made a public records request for text messages and e-mails after witnessing several exchanges
between councilors during a meeting.An investigation of other requests revealed the city failed to notify the public about committee meetings.
What is Renton doing?
•The City Clerk has been appointed the Public Records Officer of the City.
•The City’s Public Records Act policy has been updated and is available on the City’s
website.
•Hundreds of Records Series have been made available online through the City’s Digital
Records Center
•Technology (GovQA) is being used to receive and fulfill public records requests
•Training on the Public Records Act is being provided to all employees, appointees, and
elected officials annually or more frequently if requested
•City Clerk staff continually train, attend conferences, and attend webinars to stay up to
date on the Public Records Act.
Questions?
Records
Management
And Retention
RCW 40.14
Title 40 RCW
•Public documents, records, publications
−Chapter 40.04 –Public documents
−Chapter 40.10 –Microfilming of records
−Chapter 40.14 –Preservation and destruction
As defined in RCW 40.14.100 “…the term “public records” shall include paper, correspondence,
completed form, bound record book, photograph, film, sound recording, map drawing, machine-
readable material, compact disc meeting current industry ISO specifications, or other document
regardless of physical form or characteristics, and including such copies thereof, that have been
made or received by any agency of the State of Washington in connection with the transaction of
public business…”
RCW 42.56.020 defines a public record as “…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…”
Typical Lifecycle of a Record
•Creation
•Distribution & Use
•Storage & Maintenance
•Inactive Storage
•Disposition (destruction or archives)
Retention Requirements
•The State has developed a retention schedule that:
−Identifies and categorizes many specific types of
documents
−States how long each record must be retained,
and
−Provides direction on what is to be done with the
record once the retention period has been met
Topic One
•Explain details
•Give an example
•Conduct exercises to reinforce learning
Topic Two
•Explain details
•Give an example
•Conduct exercises to reinforce learning
Records are not just paper anymore…
Records are:
•Video and audio recordings
•Social Media posts
•Text messages
•Born Digital
Do you have City records? We must:
•Retain them for the required time period
•Produce them if requested
•Provide proof of their proper disposition
−Destroyed
−Archived
Consequences for Destroying Records too Early:
•Penalties assessed by the courts to individuals for illegal destroying
records
•Penalties assessed by the courts to the City for failing to produce
records responsive to public records requests
−$100 per page per day + attorney’s fees!
•Interruption of City operations if documents required for decision
making or other purposes
•Loss of business continuity in the event of a disaster
•Loss of historically significant records
Proper Disposition of Records Allows the City:
•To track which records have been stored, destroyed, or
transferred to the State Archives
•To provide documentation of how and when a record was
destroyed in the event of a public records request or
lawsuit
“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 RCW 40.14.”
What is Renton doing?
•Implemented a records training program for boards/commissions in 2014;
•Monitors updates to State Records Retention Schedules and changing
legislation;
•Coordinates with City Attorney’s office when appropriate;
•Evaluates new technologies related to the management of records
throughout their lifecycles;
•Adopts policies as needed as laws and/or technologies change;
•Facilitates and manages digitization process of “legacy” records;
•Coordinates transfer of “archival” records to State Archives;
Questions?
1
FACTORS INFLUENCING HOMELESSNESS
Affordable Housing
Employment
Healthcare
Family Crisis
Systemic Racism
MARY’S PLACE SERVICES
•Five 24/7 family centers with wraparound services
•Just over 500 beds each night
•Partner with 40+ social services
Shelter Tonight
•Housing specialists work in partnership with families
•Housing locators developing relationships with landlords and property owners
•Employment services helping families secure living wage jobs and financial stability
•Mobile outreach teams working with unsheltered families and families fleeing domestic violence
•Keeping families in hard-won, safe housing
Housing Tomorrow
MARY’S PLACE PROGRAMS
Women's Day Center
•100+ women each day
•a 24% increase in senior visits over 2018
•Meals, services, and resources
Kids Club
•age appropriate activities, outings, homework help
•scouts and clubs
•distance learning
•trauma reduction
Popsicle Place
•families with medically fragile children
•focused care in a private setting
•+100 Popsicle Place families helped in 2019
Baby’s Best Start
•pregnant women, moms and newborns
•connections to Public Health visiting nurses
•parenting education
2012 2013 2014 2015 2016 2017 2018 2019 2020
overnight stays 7,391 23,025 40,794 60,304 100,781 175,286 179,900 170,000 141,412
children served 477 496 546 739 829 1,137 1,308 1,602 1,225
meals served 58,311 96,991 149,798 193,564 222,445 296,731 359,800 425,000 424,236
families moved
to housing
from shelter 39 110 125 138 268 359 416 273
families moved
to housing
from tents/cars 126 246 353 300
GROWTH OF SERVICES
•Due to COVID and deintensification,
Mary’s Place has lost 300 beds
•King County shelter providers
reporting decreased turnover
•Newly announced Seattle/King
County shelter capacity NOT for
families
•Emphasis on chronically homeless
•Need to make investments in best
practices for keeping families housed
and out of shelter
DECREASING CAPACITY
EMERGENCY FAMILY INTAKE LINE
•Need is increasing –only 22% of
families calling for shelter will find
it tonight
•COVID has changed the way we
will provide shelter
•closed smaller sites
•flexible funding strategies to
keep families out of shelter
•End of the eviction moratorium
will be devastating for families
FAMILIES IN RENTON
For 2019/2020
•159 families called for services from
Renton (7% of calls from King
County)
•49 families from Renton were
helped through mobile outreach
services
•67 families returned to permanent
housing in Renton
9
WORKING WITH SINGLE-PARENT FAMILIES TO
BREAK THE GENERATIONAL CYCLE OF HOMELESSNESS
INTEGRATED SERVICES APPROACH
FAMILY HOPE CENTER
Black/African
American
52%
Caucasian
25%
Multi-Racial
6%
Hispanic/Latino
7%
Asian
3%
American Indian or Alaskan Native
2%Native Hawaiian/Pacific Islander
5%
CLIENT DEMOGRAPHICS
COMMUNITY CARING NETWORK
COVID-19 EMERGENCY RESPONSE
THE FUTURE
Thank You
City of
Renton