Chapter 2.26
PUBLIC RECORDS DISCLOSURE
Sections:
2.26.020 Municipal services and central office.
2.26.040 Public records officer.
2.26.050 Availability of public records.
2.26.060 Making a request for records.
2.26.070 Processing of records requests.
2.26.080 Inspection and copying of records.
2.26.090 Completion and closing of requests.
2.26.100 No duty to create new records.
2.26.130 Cost of providing copies.
2.26.140 Review of denials of public records.
2.26.010 Purpose.
A. The Washington Public Records Act at Chapter 42.56 RCW requires public agencies to make available for inspection and copying nonexempt public records in accordance with published rules. The purpose of this Public Records Act is to provide the public with full access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of the efficient administration of government. In carrying out its responsibilities under the Public Records Act, the city of Kelso will be guided by the provisions of the Act describing its purposes and interpretation.
B. The purpose of this chapter is to establish the policies and procedures by which city staff will review and respond to requests for public records within the framework of the Public Records Act. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.020 Municipal services and central office.
The city of Kelso is a Washington municipal corporation that provides a full range of traditional municipal services to its various departments. The central office is located at:
Kelso City Hall
203 South Pacific
Kelso, WA 98626
Several field offices exist throughout the city. The most current city organizational chart is located in the city clerk’s office. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.030 Definitions.
“Public record” shall mean 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 of Kelso.
“Public Records Act” shall mean Chapter 42.56 RCW as now enacted or hereafter amended.
“Public records officer” shall mean the city clerk of the city of Kelso or his or her designee or such other person as may be designated by the city manager as the public records officer.
“Writing” shall mean handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.040 Public records officer.
A. The public records officer will oversee compliance with this chapter and the Public Records Act.
B. The public records officer may designate other city staff to assist in processing any request. The public records officer may delegate the responsibilities of processing requests to other departments which in turn may designate a records coordinator to facilitate access to public records within that department. Each such coordinator shall be identified to and coordinate any response through the public records officer.
C. Any person wishing to request access to public records of the city of Kelso or seeking assistance in making such a request should contact the public records officer:
Public Records Officer
City of Kelso, Clerk’s Office
203 South Pacific Avenue, Suite 102
P.O. Box 819
Kelso, WA 98626
360-423-0900 (telephone)
360-425-9807 (fax)
publicdisclosure@kelso.gov (email)
Requests for public records from the police department shall be made to:
Kelso Police Department
Attn: Public Records Section
City of Kelso
201 South Pacific Avenue
P.O. Box 935
Kelso, WA 98626
360-423-1271 (telephone)
360-423-0577 (fax)
publicdisclosure@kelso.gov (email)
Information and public records request forms are also available at the city’s website at www.kelso.gov.
D. The public records officer is authorized to adopt such policies and procedures as may be necessary for the implementation of this chapter and the Public Records Act for the review of and response to public records requests. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.050 Availability of public records.
A. The city of Kelso hereby finds that maintaining a central index of all city records is unduly burdensome and would interfere with city operations for the following reasons:
1. The city is small in staff size with limited resources.
2. There are multiple departments with subdivisions thereof, which maintain separate database or record keeping systems for the indexing of records and information.
3. The city has a large number of diverse records stored in multiple locations and in multiple computer and filing systems.
4. It is unduly burdensome to maintain a central index of records.
B. The city clerk maintains and shall make available to the public indexes of ordinances, resolutions, and policies adopted by the city council, minutes of regular meetings of the city council and any amendments, revisions and repeals thereof. These and any other indexes maintained for city use will be made available for review by the public upon request to the public records officer unless exempted by state law.
C. The city shall maintain its records in a reasonably organized manner and take reasonable steps to protect records from damage and disorganization.
D. Public records are generally available for inspection and copying during normal business hours of Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at the offices of the city. Requestors shall not be permitted to remove any records from the city without permission of the public records officer. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.060 Making a request for records.
All acceptable requests to inspect and copy public records shall be verbal, in letter form, fax, email, or in writing on forms prescribed by the public records officer; and shall identify the records sought for inspection and copying. The request should include the following information:
A. Name of the requestor.
B. Address of the requestor.
C. Date of the request.
D. Telephone, email, or other contact information of the requestor.
E. Identification of the public records sought, adequate for the public records officer to locate the records.
F. Whether the requestor intends to inspect the records or obtain a photocopy of the records at the costs set forth by separate resolution. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.070 Processing of records requests.
A. The public records officer will process requests in the order allowing the most requests to be processed in the most efficient manner.
B. Within five business days of receipt of the request, the public records officer will do one or more of the following:
1. Make the records available for inspection or copying; or
2. Identify an internet location where the record can be accessed. Requestors who cannot access the internet may be provided hard copies or access to a city computer terminal to access the record; or
3. If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor; or
4. Provide a reasonable estimate of when records will be available; or
5. If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer may revise the estimate of when records will be available; or
6. Deny the request.
C. If the city does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.
D. In the event that the requested records contain information that may affect rights of others and/or may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to those persons. Such notice should be given to make it possible for those receiving the notice to seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will typically include a copy of the request.
E. Some records are exempt from disclosure, in whole or in part. If the city believes that a record or portion of a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld.
F. City may deny a “bot request” in accordance with RCW 42.56.080(3). (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.080 Inspection and copying of records.
A. The city will provide a space for persons to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the city to copy.
B. Parties wishing to inspect electronic records may be provided copies of the records on a CD or other storage device, may be directed to an internet address where the records can be accessed, or may receive records by email. If a requestor cannot access records in these ways, the city may provide hard copies or allow a requestor to view copies on a city computer.
C. The requestor must make arrangements to claim or review the assembled records within thirty days of notification that the records are available for inspection or copying. If the requestor fails to claim or review the records within the thirty-day period or make other arrangements, the city may close the request and refile the assembled records.
D. After inspection is complete, the public records officer shall make the requested copies or arrange for copying. The requestor shall pay any applicable deposit prior to copies being made. Full payment for copies must be received prior to delivery of the requested copies.
E. When the request is for a large number of records or when a portion of responsive records is more readily available than others, the public records officer may provide access for inspection and copying in installments if he or she reasonably determines that it would be practical to provide the records in that way.
F. If, within thirty days, the requestor fails to inspect the available installments, the public records officer may discontinue the search for the remaining records and close the request. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.090 Completion and closing of requests.
A. When the search for requested records is complete and all requested records are provided for inspection, the public records officer will indicate that the city has completed a reasonable search for the requested records and made any located, nonexempt records available for inspection and copying.
B. When the requestor (1) withdraws the request, (2) fails to fulfill his or her obligation to timely inspect the records or (3) fails to pay the required amount due for requested copies, the public records officer will close the request and indicate to the requestor that the city has closed the request.
C. When the requestor has inspected the records, or when the city has notified the requestor that copies of all the requested records are available for payment and delivery or pick up, or that no responsive records exist, a request shall be deemed completed.
D. If, after the city has informed the requestor that it has provided responsive records, the city becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them as soon as possible. However, a public records request is not continuing in nature. If a requestor desires additional records created or obtained by the city after the date of the original request, the requestor must submit a new request. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.100 No duty to create new records.
The city is not obligated to create new records to satisfy a records request; however, the city may, at its discretion, create such new records to fulfill the request where the city deems that method of response more expedient. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.110 Electronic records.
A. The process for requesting electronic records is the same as for requesting public records in hard copy.
B. When a requestor seeks records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the city and is generally commercially available, or in a format that is reasonably translatable from the format in which the city keeps the record.
C. With the consent of the requestor, the city may provide customized access if the record is not reasonably translatable into the format requested. The city may charge a fee consistent with RCW 43.105.355 for such customized access. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.120 Exemptions.
A. Public records described in RCW 42.56.210 through 42.56.480, as now effective or as subsequently revised, and any other public records exempt from public inspection and copying by the laws of the state of Washington shall not be available for public inspection and copying; provided, however, that when exempt portions of public records can be redacted, the remainder thereof shall be open to public inspection and copying.
B. The public records officer shall, for informational purposes only, publish and maintain a list of current laws outside the Public Records Act that exempt or prohibit disclosure of records or information of the city. The failure to list an exemption shall not affect the efficacy of any exemption.
C. The city is prohibited by statute from disclosing lists of individuals for commercial purposes. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.130 Cost of providing copies.
A. The city council shall, by separate resolution, establish and amend as needed a schedule of fees for copying or otherwise providing a requestor with public records.
B. There shall be no fee for inspecting public records.
C. Waiver of Copying Charges. The city of Kelso may waive copy charges for administrative convenience as provided by the current master fee schedule passed by the city council.
D. In the event that the city determines that materials need to be copied by an outside vendor due to the volume of the request, the workload of city staff, the size or type of record requested, or for any other reason, the requestor will be charged the actual amount invoiced to the city by the copying vendor.
E. The requestor will be charged for the actual costs of envelopes, packaging, postage, and electronic storage devices or materials necessary for producing the records.
F. In the event a request is estimated to exceed fifty dollars, the city may require the requestor to deposit an amount not to exceed ten percent of the estimated cost of copying prior to the duplication of the records.
G. Costs for Electronic Records. A requestor may obtain electronic copies of records including but not limited to information on a floppy disk, flash drive, or other storage medium upon payment of the fee provided for by the current master fee schedule passed by the city council.
H. Payment in full for the cost of copying records requested shall be made prior to the city providing the copies to the requestor. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)
2.26.140 Review of denials of public records.
A. Any person who objects to the initial denial or partial denial of a records request may petition in writing to the public records officer for a review of that decision. The petition must include a copy of or shall reasonably identify the written statement by the public records officer denying the request.
B. The public records officer will promptly provide the petition and any relevant information to the city manager. The city manager will consider the petition and either affirm or reverse the denial within two business days following the public records officer’s receipt of the petition, or within such time as the city and the requestor mutually agree.
C. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial, regardless of any internal administrative appeal. (Ord. 3926 § 1 (Exh. A), 2019; Ord. 3804 § 2 (Exh. A), 2013)