[Download] "Concerned Ratepayers Association V. Public Utility District No. 1 Of Clark County" by Washington Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: Concerned Ratepayers Association V. Public Utility District No. 1 Of Clark County
• Author : Washington Supreme Court
• Release Date : January 09, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

We are asked to decide whether a public disclosure request for a technical document, which was reviewed, evaluated, and referred to by a public agency, constitutes "use" within the meaning of the Public Disclosure Act, thereby rendering the information a public record subject to disclosure. RCW 42.17.020(36) provides that any information which is "prepared, owned, used, or retained" by any state or local agency regardless of physical form or characteristics is a public record. Here, the trial court dismissed a request by the Concerned Ratepayers Association (CRA or Association), a nonprofit "utility watchdog" corporation, on grounds that the Clark County Public Utility District No. 1 (PUD or District) neither possessed nor "used" the requested technical document (IPS 10380). The Court of Appeals affirmed. We conclude that information which is applied to a given purpose or instrumental to an end or process is "used" within the meaning of the Public Disclosure Act. Where a nexus exists between the information and an agency's decision-making process, as is apparent here, we hold that review, evaluation, and reference to information constitutes "use" and, therefore, qualifies such information as a public record. Accordingly, we reverse the Court of Appeals and remand the case for further proceedings to determine whether the technical document is exempt and attorney fees appropriate.

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