Chapter 1.06
PUBLIC RECORDS
Sections:
1.06.010 AUTHORITY AND PURPOSE.
1.06.020 PUBLIC RECORDS OFFICER.
1.06.030 SCOPE OF RULES AUTHORIZED.
1.06.040 AUTHORITY TO AMEND RULES.
1.06.050 AUTHORITY TO PUBLISH RULES.
1.06.060 COSTS OF PROVIDING PUBLIC RECORDS.
1.06.070 INTERPRETATION OF RULES.
1.06.080 REVIEW OF DENIAL OF REQUEST.
1.06.090 OPT OUT OF INDEX OF RECORDS.
1.06.110 RETURN OR TAX INFORMATION.
1.06.010 AUTHORITY AND PURPOSE.
(a) The Washington State Public Records Act (the Act) requires public agencies such as Bremerton to make nonexempt "public records" available for inspection and copying in accordance with published rules. The Act defines "public records" to include 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 agency.
(b) The City Clerk is hereby authorized to establish and publish Bremerton Public Records Act rules to provide the public with full access to public records consistent with the Act. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006)
1.06.020 PUBLIC RECORDS OFFICER.
The City Clerk, or his or her designee, shall be the Public Records Officer for the City and is authorized to establish and implement policies and procedures for responding to requests for public records. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006)
1.06.030 SCOPE OF RULES AUTHORIZED.
As required by law or to the extent deemed necessary or appropriate, the Bremerton Public Records Act rules will contain:
(a) A description of Bremerton City services, the Public Records Officer’s contact information, the hours and location for inspection of public records and the Public Records Officer’s responsibilities under the Public Records Act;
(b) The procedure for making, responding to, inspecting and copying records requests; protecting records from damage or disorganization; preventing excess interference with Bremerton’s other essential functions; protecting the rights of others; providing "fullest assistance" to requestors and timely action on public records requests;
(c) For informational purposes, a list of laws in addition to the Act that exempts or prohibits the disclosure of public records held by Bremerton;
(d) Definitions as necessary or appropriate related to the Act. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006)
1.06.040 AUTHORITY TO AMEND RULES.
The City Clerk shall have the authority to amend the Bremerton Public Records Act rules as necessary or appropriate to conform to laws or, as appropriate, to enhance services to the public, protect privacy, and/or increase efficiency in administering the Act to the fullest extent permitted by law. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006)
1.06.050 AUTHORITY TO PUBLISH RULES.
The Public Records Officer shall make the Bremerton Public Records Act rules readily available to the public in electronic and paper mediums. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006)
1.06.060 COSTS OF PROVIDING PUBLIC RECORDS.
(a) Fees for Records. The fees for the costs of duplication and production of copies, whether photocopying or other form of duplication, including, but not limited to, electronic copies of records, shall be as established in Chapter 3.01 BMC, Rate Table A. If the requested record is an eight and one-half (8-1/2) by fourteen (14) inch page or smaller, the first fifty (50) pages responsive to a request are free of charge. In addition to these fees, each department may:
(1) Establish fees for records that do not fall into one (1) of the categories set forth in Chapter 3.01 BMC, Rate Table A. The department’s fee schedule shall be available for inspection upon request. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006. Formerly 1.06.090)
1.06.070 INTERPRETATION OF RULES.
The Act and the rules will be liberally construed consistent with the Act’s intent and case law, including in favor of disclosure as provided by law. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006. Formerly 1.06.100)
1.06.080 REVIEW OF DENIAL OF REQUEST.
The Bremerton Public Records Act rules shall provide for obtaining internal administrative review of denials, in whole or part, of public records requests. (Ord. 5080 §1 (part), 2009)
1.06.090 OPT OUT OF INDEX OF RECORDS.
(a) Findings.
(1) RCW 42.56.070 requires all cities and public agencies to maintain and make available a current index of all public records.
(2) RCW 42.56.070(4)(a) provides that if maintaining such an index would be unduly burdensome, or would interfere with agency operation, a City need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
(3) The City of Bremerton is comprised of departments, their divisions and subdivisions, which maintain separate databases and/or record-keeping systems for the indexing of records and information.
(4) Because the City has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records.
(5) The City of Bremerton will make available for inspection and/or copying all nonexempt public records, including any indexes that are maintained by the City pursuant to the Public Disclosure Act, Chapter 42.56 RCW.
(b) Order Regarding Public Records. Based upon the findings set forth in subsection (a) of this section, and pursuant to RCW 42.56.070(4)(a), the City Council orders the following:
(1) The City of Bremerton is not required to maintain a current index of public records due to findings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain; and
(2) Pursuant to Chapter 42.56 RCW, the City of Bremerton shall make available for public inspection and/or copying all public records and any indexes of public records maintained by the City to the extent not exempt from inspection and/or copying pursuant to Chapter 42.56 RCW or other applicable law. (Ord. 5080 §1 (part), 2009: Ord. 4964 §1 (in part), 2006. Formerly 1.06.110)
1.06.110 RETURN OR TAX INFORMATION.
Business and occupation return and/or tax information is confidential, privileged and subject to disclosure in the manner provided by RCW 82.32.330. (Ord. 5193 §1, 2012)