Chapter 2.105
PUBLIC RECORDS INSPECTION
Sections:
2.105.010 Request for records.
2.105.020 Response to request.
2.105.030 Information exempt from public inspection.
2.105.050 Alteration of cost schedule.
2.105.060 Payment of cost of transcription of verbatim written transcript for court proceedings.
2.105.070 Disclosure prohibited.
2.105.100 Order regarding public records index.
2.105.010 Request for records.
All persons desiring to inspect or receive a copy of any public record of the town must make their request to the town clerk-treasurer, or his/her designee, on forms specified by the town clerk-treasurer. (Ord. 427 § 1, 1993)
2.105.020 Response to request.
(1) Responses to requests for records will be made within five business days. If the request is for a record maintained or indexed other than in the clerk-treasurer’s office the requester will be advised that their request has been forwarded to the appropriate department. All assistance necessary to help the requester shall be provided by an employee of the town clerk-treasurer’s office or of the particular department. The giving of such assistance shall not unreasonably disrupt the operation of the town or the other duties of assisting employees. If the written request includes a request for copies, a payment in accordance with the town’s fee schedule shall be paid.
(2) Whenever a member of the public has requested to inspect an identifiable public record and that request has been denied, such a person may submit a written request and have such denial reviewed by the town clerk-treasurer. The review of the denial by the town clerk-treasurer shall be as prompt as possible. (Ord. 427 § 2, 1993)
2.105.030 Information exempt from public inspection.
(1) The following shall be exempt from public inspection and copying:
(a) Personal information and any files maintained for prisoners;
(b) Personal information and any files maintained for town employees, appointees or elected officials to the extent the disclosure would violate their right to privacy;
(c) Information required of any taxpayer or town license holder in connection with the assessment or collection of any tax or license fee if the disclosure of the information to other persons would violate the taxpayer or licensee’s right to privacy or would result in unfair competitive disadvantage to such taxpayer or licensee;
(d) Specific intelligence information and specific investigative files compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy;
(e) Information revealing the identity of persons who file complaints with investigative, law enforcement, or penology agencies, if disclosure would endanger any person’s life, physical safety, or property, or if the complainant has indicated a desire for nondisclosure;
(f) Test questions, scoring keys and other examination data used to administer license, employment or civil service examination;
(g) Except as provided by Chapter 8.26 RCW, the contents of any real estate appraisals made for or by any agency, including the town, relative to the acquisition of property by the town until the project is abandoned or until such time as all of the property has been acquired, but in no event shall disclosure be denied for more than three years after the date of the appraisal;
(h) Valuable formulas, designs, drawings and research data obtained or produced by the town, its officers, employees and agents within five years of any request for disclosure thereof, when disclosure would produce private gain and public loss;
(i) Preliminary drafts, notes, recommendations and intragency memorandums in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
(j) Records which are relevant to a controversy to which the town or any of its officers, employees or agents is a party, but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts;
(k) Any library record which would disclose the identity of a user of library materials;
(l) Lists of individuals requested for commercial purposes;
(m) Any public record access which any superior courts have found would damage any person or vital governmental function;
(n) Residence address and telephone number of town employees or volunteers;
(o) Residence address and telephone number of town utility customers;
(p) Applications for employment, including the name of applicant, resume, and other related material submitted with respect to an applicant.
(2) The exemptions of this section shall be inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption shall be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons. (Ord. 427 § 3, 1993)
2.105.040 Record copy charge.
(1) Copies of any disclosable public record (or portions thereof) including, but not limited to maps, reports, codes, plans and tape recordings, shall be made and provided by the town upon request and payment of the actual cost incidental to reproducing the same. The town clerk-treasurer, in consultation with appropriate departments, is directed to prepare and have on file as a public document a schedule of such costs of reproduction. In determining the cost of reproduction, all costs incident to such reproduction shall be includable factors, including labor, and mailing costs.
(2) Where the request is for a certified copy, there shall be an additional charge to cover the additional expense and time required for certification.
(3) Payment for the cost of reproduction of all public records shall be made at the time the request for public records is submitted to the town clerk-treasurer. If there is uncertainty as to the amount required, the amount tendered shall be based upon estimates established by the town clerk-treasurer in the schedule of costs for reproduction. If the actual amount of the cost of reproduction exceeds the amount tendered, the balance shall he paid upon delivery of the requested copy or copies. In the event the amount tendered exceeds the actual cost, the balance shall be refunded at the time of the delivery of the copy or copies. Except as specifically provided herein, there shall be no refunds. (Ord. 427 § 4, 1993)
2.105.050 Alteration of cost schedule.
When a change in the established cost schedule is required, the town clerk-treasurer, in consultation with appropriate department(s), shall change the schedule by filing a new schedule. (Ord. 427 § 5, 1993)
2.105.060 Payment of cost of transcription of verbatim written transcript for court proceedings.
(1) Whenever the town is required to prepare a verbatim written transcript of any proceeding of the town in response to a writ of review or other action filed in the superior court or any other state or federal court, the cost of preparing the same shall be borne by the party filing the action. The party filing such action shall pay to the town clerk-treasurer the estimated cost of the preparation of the transcript (as established by the town clerk-treasurer), including copying costs and the town clerk-treasurer shall thereafter make a provision for the preparation of the transcript.
(2) Should the actual cost incurred by the town in preparation of the transcript exceed the amount deposited with the town clerk-treasurer, the party making such deposit shall be required to reimburse the town for such additional amount within 10 days of notification that such amount is due or, prior to the time the transcript is required to be filed with the court, whichever occurs first. Should the actual cost incurred by the town be less than the estimated cost deposited, such credit due shall be reimbursed by the town to the party making the deposit. (Ord. 427 § 6, 1993)
2.105.070 Disclosure prohibited.
The town shall not be required to permit public inspection and/or copying of any record to the extent public disclosure is prohibited, restricted or limited by state or federal laws. (Ord. 427 § 7, 1993)
2.105.080 Clerk-treasurer.
Any reference herein to “town clerk-treasurer” included the town clerk-treasurer and his or her designee. (Ord. 427 § 8, 1993)
2.105.090 Findings.
(1) The Revised Code of Washington (RCW) requires all cities and public agencies to maintain and make available a current index of all public records.
(2) The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
(3) When such an order is made, all indexes maintained by that city must be made available to provide identifying information on those records which are available for inspection and/or copying.
(4) The town of Coulee Dam is comprised of eight departments, their divisions and subdivisions, which maintain separate databases and/or record-keeping systems for the indexing of records and information.
(5) Because the town 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.
(6) The town will fully comply with the provisions of the RCW as they relate to the Public Disclosure Act, under Chapter 42.17 RCW. (Ord. 631 § 1, 2005)
2.105.100 Order regarding public records index.
Based upon the findings set forth in CDMC 2.105.090, and pursuant to RCW 42.17.260(4)(a), the town council orders the following:
(1) The town of Coulee Dam is not required to maintain an all-inclusive index of public records, due to findings of the town council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain.
(2) The town of Coulee Dam shall make available all public records and any indexes created for internal use upon request by any citizen. Said indexes shall be maintained and released in order to obtain those records which are public and not protected by the exemption portion of the statute, namely RCW 42.17.310. (Ord. 631 § 1, 2005)