Chapter 2.24
PUBLIC RECORDS
Sections:
2.24.010 Public records officers.
2.24.020 Maintenance of records.
2.24.030 Index of public records – Findings.
2.24.040 Index of public records – Order.
2.24.050 Disclosure of public records.
2.24.060 Procedure for inspection or copying.
2.24.070 Processing public records requests – Review of decision.
2.24.090 Reimbursement for copying costs.
2.24.100 Model rules and administrative procedures.
2.24.010 Public records officers.
The city clerk shall serve as the public records officer for all city records except those maintained by the Enumclaw police department. The records specialist for the police department shall serve as the public records officer for all records maintained by the Enumclaw police department. Contact information for the city clerk and the records specialist for the police department will be made available to the public in a manner reasonably calculated to provide notice of to whom members of the public may direct requests, such as posting such contact information at City Hall, the police department, or on the city’s Internet website. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 1, 2011).
2.24.020 Maintenance of records.
All substantive and procedural rules of general applicability, including but not limited to ordinances and resolutions of the city council, minutes of the regular meetings of the city council, and statements of general policy, and all public contracts, deeds, easements, and leases, shall be indexed and maintained by the city clerk.
All police records shall be maintained in the Enumclaw police department. Access to police records shall be in accordance with the policy established by the police department, pursuant to laws including but not limited to Chapters 10.97 (Criminal Records Privacy Act), 13.50 (Keeping and Release of Juvenile Records) and 42.56 RCW.
All other records of the city relating to the specific function or responsibility of a particular department shall be maintained for the use of the department and the general public in the office of the particular department. Such records shall include, but not be limited to: planning policies and goals, and interim and final planning decisions; factual staff reports and studies; factual consultant’s reports and studies; scientific reports and studies; and any other factual information derived from tests, studies, reports or surveys, whether conducted by city employees or others. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 2, 2011).
2.24.030 Index of public records – Findings.
The Public Records Act requires all cities and public agencies to maintain and make available a current index of all public records.
A. RCW 42.56.070(4) provides that an agency need not maintain such an index if to do so would be unduly burdensome, but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome or would interfere with agency operations.
B. The city is comprised of numerous departments, their divisions and subdivisions, many if not all of which maintain separate databases and/or systems for the indexing of records and information.
C. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems, formats and/or databases, it is unduly burdensome, if not physically impossible, to maintain a current index of all records. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 3, 2011).
2.24.040 Index of public records – Order.
Based upon the findings set forth in EMC 2.24.030 and pursuant to RCW 42.56.070(4), the city orders the following:
A. The city is not required to maintain an all-inclusive index of public records due to the undue burden and near impossibility of maintaining such an index.
B. The city will make available for inspection and/or copying all public records, including any indexes that are maintained by the city, except to the extent that such records are exempt from public disclosure. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 4, 2011).
2.24.045 Request log.
The city shall maintain a log to track public records requests. The log shall include:
A. Identity of the requester;
B. Date of request;
C. Text of request;
D. Description of records produced;
E. Description of any redacted or withheld records;
F. Reasons for any redaction or withholding;
G. Date of final disposition of request.
The log shall be retained consistent with the Washington State Archives record retention schedule and is a public record subject to disclosure. (Ord. 2622 § 1, 2018).
2.24.050 Disclosure of public records.
Unless they are exempt from disclosure under current laws, public records shall be available for inspection and copying. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 5, 2011).
2.24.060 Procedure for inspection or copying.
All persons desiring to inspect or obtain a copy of any public record are encouraged to make their request in writing to the city clerk. The city clerk shall create and avail for public use a standard form by which a requester may specify particular public records and provide the requester’s relevant contact information. Reasonable assistance as may be necessary to help a requester locate particular records shall be provided either by the city clerk or by the city department maintaining the records; provided, that the provision of such assistance shall not unreasonably disrupt the normal operation of the city clerk, the department, or the assisting employee.
Except to the extent required or authorized by law, the city clerk or other city employee shall not distinguish among persons requesting records. Persons requesting records shall not be required to provide information as to the purpose for the request, except to establish whether the inspection or copying would violate Chapter 42.56 RCW or other statute or ordinance that exempts or prohibits disclosure of specific information or records to certain persons. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 6, 2011).
2.24.070 Processing public records requests – Review of decision.
Responses to requests for public records shall be made promptly pursuant to Chapter 42.56 RCW. Within five business days of the date of receipt by the city of written request for a record, the city clerk shall:
A. Provide the record; or
B. Acknowledge that the city has received the request and (1) provide a reasonable estimate of the time the city will require to respond to the request, or (2) request clarification; or
C. Deny the public record request in whole or in part.
A request for public records may be denied, in whole or in part, based upon exemptions provided by state or federal law. The Public Records Act provides that a number of records, or information contained therein, are exempt from public inspection and copying. In addition, records are exempt from disclosure if any “other statute” exempts or prohibits their disclosure. A request for “all or substantially all records” of a public agency is not a valid request for identifiable records and will be denied, as will automatically generated “bot requests” that are frequent in nature and will interfere with other essential city functions.
Public records may be made available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for public inspection or copying. Additional time to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt. If a public records request is unclear, the city clerk may ask the requester to clarify what information the requester is requesting.
If the city clerk determines that the document is exempt in part but can be made available after deletion of exempt portions, the request shall be granted; provided, that such exempt portions shall first be deleted. If the city clerk determines to deny the request, in whole or in part, a written statement of the specific reason for the denial shall be provided to the requester; provided, that nothing herein shall be construed as requiring the city to disclose portions of the requested document if the entire document is exempt from disclosure.
In the event the city clerk denies inspection of all or any part of a request, the city clerk or the requester may seek review by the city attorney. The city clerk will notify the requester in the event of a decision to deny the request. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 7, 2011).
2.24.080 Exemptions.
The city adopts by reference the exemptions from public disclosure contained in Chapter 42.56 RCW, including any future amendments thereto or recodification thereof, along with any other exemption or exception to the Public Records Act provided by law. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 8, 2011).
2.24.090 Reimbursement for copying costs.
No fee shall be charged for the inspection of public records. Any person who requests a copy of any public record from the city shall pay the city clerk or designee a copying charge. The copying charges for public records, including but not limited to photocopies, maps, photographs including slides, and digital media, shall be included in a fee schedule maintained by the city clerk, the fee schedule shall be the default amount set forth in Chapter 42.56 RCW and as amended. Nothing herein shall be construed to apply to charges for accident reports pursuant to RCW 46.52.085.
The city may charge all costs directly incident to shipping such public records, including but not limited to the cost of postage or delivery charges and the cost of any container or envelope pursuant to RCW 42.56.070(7).
The city may, at its discretion, require the requester to deposit a sum in an amount not to exceed 10 percent of the estimated cost of providing copies for a request. If the records are made available on a partial or installment basis, the city may charge for each part of the request as it is provided. If an installment of a records request is not paid for or reviewed within 20 days after the city provides notice of availability of the installment, the city is not obligated to fulfill the balance of the request. (Ord. 2622 §§ 2, 4 (Exh. A), 2018; Ord. 2484 § 9, 2011).
2.24.100 Model rules and administrative procedures.
The city may, in its discretion, follow the Public Records Act model rules from the Washington State Attorney General’s Office. The mayor, upon recommendation of the city clerk, may issue additional administrative procedures for the implementation of this chapter. (Ord. 2622 § 4 (Exh. A), 2018; Ord. 2484 § 10, 2011).