Chapter 1.30
PUBLIC RECORDS
Sections:
1.30.030 Records subject to disclosure.
1.30.040 Index of public records not maintained.
1.30.050 Form and manner of request for public records.
1.30.060 Submittal of a request for public records – Designation of public records officer.
1.30.070 Initial response to request.
1.30.080 Supplemental response to request – Additional time – Clarification.
1.30.090 Disclosure of records – Process.
1.30.100 Final response to request.
1.30.110 Copying and delivering – Costs.
1.30.130 Payment of required fees.
1.30.140 Failure to pay required costs.
1.30.150 Denial of request – Appeal.
1.30.010 Purpose.
The purpose of this chapter is to establish the process for requesting public records and responding to requests for public records as required by Washington’s Public Records Act, codified in chapter 42.56 RCW. Failure of the city to fully comply with any provision of this chapter shall not result in any liability imposed upon the city other than as provided in the Public Records Act. (Ord. 1615 § 1, 2006).
1.30.020 Definitions.
A. For the purposes of this chapter, the following terms shall be defined as follows:
1. “Public Records Act” shall mean chapter 42.56 RCW as currently enacted or hereafter amended.
2. “Copies” shall mean any duplicated version of any record regardless of the original form of the record.
B. Except as provided in subsection A of this section, all terms used in this chapter shall have the same meaning as set forth in the Public Records Act. (Ord. 1615 § 1, 2006).
1.30.030 Records subject to disclosure.
The city need only disclose records or portions of records to the extent required by the Public Records Act, and nothing in this chapter shall be interpreted as requiring the disclosure of any record that is not subject to disclosure by the Public Records Act or other applicable law. Records or portions of records may be withheld or redacted to the extent necessary or permissible by law. The city shall not be required to create records or documents in response to a request for public records that do not exist at the time the request is made. A public records request is not continuing in nature, and will not be treated as such even if requested. In the event additional records are created after the date of the requester’s original public records request, the requester will be required to submit a new request for the later created records. (Ord. 1615 § 1, 2006).
1.30.040 Index of public records not maintained.
A. In General. The Public Records Act requires all cities and public agencies to maintain and make available a current index of certain public records. However, the Public Records Act also 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.
B. Findings. The city of Burlington is comprised of 11 departments, and each department consists of several subdivisions. Each individual subdivision of the city performs a unique public service. Each subdivision may also utilize and produce various forms of “writings” as that term is defined in the Public Records Act, and thousands of writings are produced or utilized each day by these subdivisions. These writings may be maintained in several formats, including but not limited to: paper records, computer files, photographs, audio recordings, video recordings, and others. Filing systems vary from division to division due to different paper filing systems and the various computer programs used by each subdivision. Also, subdivisions of the city are physically located at various places within the city. As such, it is unduly burdensome, if not impossible, and would detract from the purpose of providing essential services to the citizens of Burlington, to provide a current index of public records.
C. Order. The Burlington city council orders that the city shall not maintain a current index of public records based upon the findings set forth in subsection B of this section; provided, that the city shall make available for review or copying any indexes that are maintained for city use to the extent not exempt from review or copying. (Ord. 1615 § 1, 2006).
1.30.050 Form and manner of request for public records.
A. All requests for public records shall be made in writing and delivered in person, by mail, or through the city’s online public records request form that may be made available on the city’s Internet website. Requests delivered by facsimile; electronically, other than those requests submitted through the city’s online public records request form; by telephone; or orally will not be accepted as valid requests for public records.
B. The city will provide a public records request form that may be used by those requesting public records. The public records request may be submitted on the form provided by the city, or in another written format that contains the following information:
1. The date of the request;
2. The name of the requester;
3. The full address of the requester;
4. The telephone number of the requester;
5. A complete description of the requested record;
6. The title and date of the requested record, if known;
7. The location of the requested record, if known; and
8. Whether the requester intends to review the records or to obtain a copy of the records. (Ord. 1615 § 1, 2006).
1.30.060 Submittal of a request for public records – Designation of public records officer.
A. The Burlington city administrator shall be the city’s public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the city’s compliance with public records disclosure requirements.
B. Except as set forth in subsection (C) of this section, all requests for public records shall be submitted to the city administrator at 833 South Spruce Street, Burlington, Washington 98233, (360) 755-0531, or his/her designee, or online through the city’s Internet website located at http://burlingtonwa.gov.
C. In order to provide for a more efficient response to requests for public records, the city has designated various records coordinators throughout the city as described in subsections (C)(1) through (5) of this section who may receive and respond to public records requests directly. If the record requested is not identified in subsections (C)(1) through (5) of this section, or the requester is unsure of where to file the request, the request shall be filed by the city administrator.
1. The records coordinator of the police department may receive and respond to a request to inspect and/or photocopy police reports. The request shall be delivered to the police department, 311 Cedar Street, Burlington, Washington 98233.
2. The records coordinator of the fire department may receive and respond to a request to inspect and/or photocopy fire reports. The request shall be delivered to Burlington Fire Station, 350 Sharon Street, Burlington, Washington 98233.
3. The records coordinator of the planning/building department may receive and respond to a request to inspect and/or photocopy planning files which the records coordinator, in his or her discretion, determines are readily available and easily accessible to the requester without the expenditure of significant staff time. In the event the records coordinator believes the request cannot be fulfilled without staff impacts, then he/she shall refer the requester to the city administrator located in the city administrator’s office, 833 South Spruce Street, Burlington, WA 98233.
4. The records coordinator of the public works department may receive and respond to a request to inspect and/or photocopy public works files which the records coordinator, in his/her own discretion, determines are readily available and accessible to the requester without the expenditure of significant staff time. In the event the records coordinator believes the request cannot be fulfilled without staff impacts, then he or she shall refer the requester to the city administrator located in the city administrator’s office.
5. The records coordinator of the Burlington municipal court may receive and respond to a request to inspect and/or photocopy court records. The request shall be delivered to the municipal court, 311 Cedar Street, Burlington, Washington 98233.
D. If the requester submits the request on the form provided by the city, the city administrator, or his/her designee, should indicate on the form the estimation of time necessary to provide a final response to the request. In the event the estimation of time necessary for providing records is not indicated on the form, the estimated time for providing disclosable records shall be 21 calendar days. Records provided in response to a public records request shall be those documents of record available for disclosure as of the date of the request.
E. Each city department may designate within its own department certain “over the counter” records available to the public for immediate inspection without the requirement of a formal public records request as set forth in this section. As an alternative to obtaining over the counter records through the process provided in the remainder of this chapter, a requester may obtain over the counter records pursuant to this subsection. Fees shall be adopted by city council resolution in compliance with RCW 42.17.300 as may be amended. A requester who obtains over the counter records through this subsection shall not be entitled to the remedies provided pursuant to the Public Records Act. (Ord. 1799 § 1, 2014; Ord. 1673 § 1, 2009; Ord. 1615 § 1, 2006).
1.30.070 Initial response to request.
A. The city shall make an initial response to the request for public records within five business days of receipt of the request. In the event a request for public records is received after 5:00 p.m., the request shall be deemed to have been received on the next business day. Depending upon the nature of the request, the city may respond initially by:
1. Providing the record, or the disclosable portions of the record, for review, or a copy thereof if requested after payment of applicable fees;
2. Acknowledging the city’s receipt of the request accompanied by a reasonable estimate of the time necessary for further response; or
3. Denying the request.
B. In the event the requester completes the city’s standard public records request form, the returned copy provided to the requester shall constitute the initial response by the city with the estimation of time necessary for further response. (Ord. 1615 § 1, 2006).
1.30.080 Supplemental response to request – Additional time – Clarification.
A. From time to time, the city will need additional time to respond to a request for records in order to locate and assemble records, notify third persons or agencies affected by the request, determine whether any records or portions of records are exempt from disclosure, or determine whether denial should be made to the disclosure of all or a part of the requested records. In the event additional time is needed, the city will take reasonable steps to advise the requester of the additional time necessary.
B. At the time of the city’s initial response, or subsequent to the city’s initial response, the city may require the requester to clarify his/her request in order to provide the city with information sufficient to allow the city to determine which records are being requested and whether such records relating to the request exist. In the event the requester fails to clarify the request within 21 calendar days of the date the request for clarification is delivered to the requester, the request may be denied. (Ord. 1615 § 1, 2006).
1.30.090 Disclosure of records – Process.
A. Copies of Records. In the event a requester requests copies of records, the records shall be copied pursuant to the terms of this chapter.
B. Review of Records. In the event a requester chooses to review records, the city shall notify the requester once the records which respond to the request are available for review. The records will be available for review at reasonable dates and times as determined by the city administrator after consultation with the requester. Appointments to review records may be broken into intervals so as to not excessively interfere with the city’s provision of other essential services. Records that have been retrieved for review shall be made available to the requester for an initial period of 21 calendar days. This period may be extended upon agreement of the city administrator and the requester in order to provide a reasonable amount of time to inspect the records. In the event a requester fails to contact the city administrator to arrange to review the records within 21 calendar days of being notified that the records are available for review, the records request shall be deemed satisfied, the records shall be returned to the originating department, and if the requester wishes to review the records, he/she will be required to submit a new request for the records and the process will begin anew.
C. Partial or Installment Basis. If the city determines that records responsive to a public records request are voluminous, the city may make the records available for review or copying on a partial or installment basis as the records are assembled and become available for review or duplication. An installment of records that has been copied shall be made available for retrieval for a period of 21 calendar days. An installment of records that has been retrieved for review shall be made available to the requester for an initial period of 21 calendar days. This period may be extended upon agreement of the city administrator and the requester in order to provide a reasonable amount of time to inspect the records. In the event a requester fails to retrieve an installment of copied records, or to contact the city administrator to arrange to review an installment of records within 21 calendar days of being notified that the records are available for review, the records request shall be deemed satisfied, the records shall be returned to the originating department, and if the requester wishes to obtain the records, he/she will be required to submit a new request for the records and the process will begin anew.
D. Format of Records. Any records or portions of records disclosed by the city will be provided to the requester in the same format as they are retained; provided, that any disclosable records contained on a computer or other electronic or mechanical device shall, at the discretion of the city, be provided in printed form, on disk, or in another format. If the requester specifies a format in which the records should be disclosed, the city will disclose the records in the requested format if: (1) it is determined that disclosable records exist, (2) the city is capable of providing the records in the format requested, (3) the format requested is reasonable, and (4) the requester pays all costs associated with providing the records in the format requested. The costs associated with providing records in the format requested by the requester shall not be constrained by costs allowed by state law for providing photocopies, as requesting records in a special format shall be deemed an additional service provided by the city that is not constrained by the limitations set forth in state law. (Ord. 1615 § 1, 2006).
1.30.100 Final response to request.
The city’s response to a request for records shall be deemed complete and final upon:
A. Requester’s inspection of the records; or
B. In the event copies were requested, upon notification to the requester that the copies requested are available for payment and pick-up; or
C. In the event no records exist which are responsive to the request, upon such notification to the requester. (Ord. 1615 § 1, 2006).
1.30.110 Copying and delivering – Costs.
A. In the event a requester requests copies of records, prior to the disclosure of any public record, copying costs shall be collected. The city administrator shall establish, update, and post applicable copying costs as appropriate. The city finance director shall have the department’s cost schedule available for inspection upon request. If copied records are provided on an installment basis as set forth in BMC 1.30.090, the city may charge the requester for those copying costs as they accrue in making each installment available.
B. The requester shall pay all costs associated with the cost of delivering records.
C. Payment of copying and delivery fees shall be made prior to the disclosure of public records. When required pursuant to BMC 1.30.120, the payment of a deposit shall be made prior to the copying of any records. (Ord. 1615 § 1, 2006).
1.30.120 Deposit for copying.
The city may, in its discretion, require the requester to deposit a sum equal to 10 percent of the estimated copying cost prior to duplication of the records. In the event a deposit is required, the city will notify the requester of the necessity of the deposit. Any deposit shall be made in accordance with BMC 1.30.130. In the event the actual copying costs are less than the amount deposited by the requester, the city will return the sum in excess of the actual amount to the requester. (Ord. 1615 § 1, 2006).
1.30.130 Payment of required fees.
The payment of all costs associated with this chapter shall be made by cash, money order, or check payable to the city of Burlington. Payment shall be made in person at the customer service desk located at the finance department, 900 East Fairhaven Avenue, Burlington, Washington, or by mail to the city administrator, 900 East Fairhaven Avenue, Burlington, Washington, 98233. (Ord. 1615 § 1, 2006).
1.30.140 Failure to pay required costs.
In the event a requester fails to pay for costs incurred within 30 calendar days of notification of those costs, the city shall require the requester to pay in full the past due amount owed, together with any accrued interest, before it will begin processing a new request, a pending request, or a subsequent installment of a request from the delinquent requester. In addition, for any future requests, the city may require advance payment of the full amount of the estimated costs before the city begins to process a new request or a pending request from that requester. Any copied records associated with a request for copies for which payment of copying costs has not been received within 30 calendar days of receiving notice may be destroyed in order to avoid storage costs. The requester shall be responsible for any costs associated with this chapter, and the city may take any steps available by law to collect the outstanding costs. (Ord. 1615 § 1, 2006).
1.30.150 Denial of request – Appeal.
In the event the city administrator denies a request, or any portion of a request for public records, the requester shall appeal the denial to the city finance director. In the event no response to the appeal is delivered to the requester within seven calendar days of the city’s receipt of the appeal, the denial may be deemed final. (Ord. 1615 § 1, 2006).