Chapter 1.16 PUBLIC RECORDS

Chapter 1.16
PUBLIC RECORDS

Sections:

1.16.010 Purpose of provisions.

1.16.020 Definitions.

1.16.030 Records as public property.

1.16.040 Custody of records.

1.16.050 Access to for inspection and copying.

1.16.060 Criminal history records and other information – Public disclosure restrictions.

1.16.070 Copying charges.

1.16.080 Retention and destruction – Schedule.

1.16.090 Disclosure for commercial purposes prohibited.

1.16.010 Purpose of provisions.

The intent of this chapter is to provide full public access to nonexempt public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the city. The provisions of this chapter shall be construed in conjunction with Chapters 42.17, 40.14, and 10.97 RCW. (Ord. 1274 § 1, 1983).

1.16.020 Definitions.

(1) “Criminal history record information” means all matters included in the definition of said term in RCW 10.97.030. It shall not include data contained in intelligence, investigative or other related files.

(2) “Exempt public records” means and shall include all public records, or portions thereof, which are defined as being exempt from public inspection and copying by RCW 42.17.310, and all portions of criminal history record information which are defined as being exempt by Chapter 10.97 RCW. Further, exempt public records shall include privileged communications between attorney and client, the work product of city employees and agents in connection with pending or threatened litigation, and all materials and communications relating to pending real estate transactions and labor negotiations.

(3) “Public record” means and 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 the city or any board, commission, official, employee or agent thereof, regardless of physical form or characteristics.

(4) “Writing” means handwriting, typewriting, printing, photostating, photographing and every other means of recording any form of communication or representation, including letters, words, pictures, sounds or symbols, or combinations thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, disks, drums and other documents. (Ord. 1274 § 2, 1983).

1.16.030 Records as public property.

All public records shall be and remain the property of the city. They shall be delivered by outgoing officials and employees to their successors. Public records shall be preserved, stored, transferred, destroyed and otherwise managed only in accord with the provisions of this chapter and applicable state laws. (Ord. 1274 § 7, 1983).

1.16.040 Custody of records.

The original copy of all public records shall be and remain in the custody of the city clerk. They shall not be placed in the custody of any other person or agency, public or private, or released to individuals except for disposition or destruction as provided by law. (Ord. 1274 § 8, 1983).

1.16.050 Access to for inspection and copying.

Nonexempt public records shall be available for inspection and copying, and the city, upon request for identifiable public records, shall make them promptly available to any person. All requests for public records shall be in writing using forms furnished by the city clerk. Public records shall be available for inspection and copying during all office hours of the city administrative staff. The city shall honor requests received by mail for identifiable public records. To the extent required to prevent an unreasonable invasion of personal privacy, the city shall delete identifying details when it makes available or publishes any public record; however, in each case, the justification for the deletion shall be explained fully in writing. Criminal history record information consisting of nonconviction data shall be deleted pursuant to RCW 10.97.060. (Ord. 1274 § 3, 1983).

1.16.060 Criminal history records and other information – Public disclosure restrictions.

No criminal history record information shall be disclosed to the public without the request for the same first being approved by the chief of police or his designee. No other public records shall be disclosed to the public without the request for the same first being approved by the city administrator or his designee. (Ord. 1274 § 5, 1983).

1.16.070 Copying charges.

(1) No fee shall be charged for the inspection of public records. If the requesting party desires copies of public records, said party shall pay the city the following fees, in advance:

(a) $0.15 per page;

(b) $2.00 for maps and other oversized documents;

(d) $10.00 for duplicating each tape cassette used in recording a public meeting or public hearing. The requesting party must furnish an adequate number of blank tape cassettes.

(2) If the city is requested to mail copies of public records, the requesting party shall pay all mailing costs incurred. (Ord. 2441 § 1, 2002; Ord. 1274 § 6, 1983).

1.16.080 Retention and destruction – Schedule.

Subject to the approval of the city council, the city records clerk shall establish a records control program, including a retention/destruction schedule for all public records of the city. Said schedule shall be kept on file in the office of the city clerk and shall be available for public inspection. Said schedule shall be submitted for approval by the Local Records Committee of the Washington State Division of Archives and Records Management. No public record of the city shall be destroyed except in compliance with the approved records control program, pursuant to RCW 40.14.070, and except upon written and witnessed documentation of such destruction by the city records manager. (Ord. 1274 § 9, 1983).

1.16.090 Disclosure for commercial purposes prohibited.

The city shall not give, sell or provide access to lists of individuals requested for commercial purposes; provided, however, that lists of applicants for professional licenses and of professional licensees shall be made available to those professional associations or educational organizations recognized by their professional licensing or examination board. (Ord. 1274 § 4, 1983).