Chapter 3.76
PUBLIC RECORDS
Sections:
3.76.040 Public records available.
3.76.050 Public records officer.
3.76.060 Hours for records inspection and copying.
3.76.070 Requests for public records – Commercial purpose.
3.76.080 Responses to requests for public records.
3.76.100 Fees for inspection and copying.
3.76.120 Administrative review.
3.76.130 Exemption from requirement to maintain a current records index.
3.76.135 Information governance committee.
3.76.140 Liberal construction.
3.76.010 Purpose.
The purpose of this chapter is to promote compliance with public records laws, including Chapters 40.14 and 42.56 RCW and other applicable law relating to inspection and copying, retention, and destruction of public records, by departments, agencies, commissions, councils and other entities created by the board of county commissioners.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.020 Definitions.
A. “Department” means any department, division, council, commission, or other entity created by the board, but does not include the departments of the separately and independently elected officials, which includes the offices of the sheriff, superior court, district court, assessor, treasurer, prosecutor, auditor, clerk, or coroner.
B. “Public record” means those records defined in RCW 40.14.010 and 42.56.010, as now or hereafter amended.
C. “Writing” has the same meaning as in RCW 42.56.010, as now or hereafter amended.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.030 (Repealed)*
* Editor’s Note: Former Section 3.76.030, “Organization,” was repealed by Ordinance 555 (2018). Section 1 (part) of Ordinance 279 (2002) was formerly codified in this section.
3.76.040 Public records available.
Public records are available for public inspection and copying as required by Chapter 42.56 RCW and this chapter.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.050 Public records officer.
A. The department of administrative services will designate a public records officer.
B. The responsibilities of the public records officer may be delegated to or assumed by another member of the board’s staff and such responsibilities shall be deemed to be properly exercised by such officer.
C. The duties of the public records officer are to establish a public records retention and control program that complies with Chapter 40.14 RCW, implement the board’s administrative rules regarding copying and inspection of public records, coordinate the board’s efforts to comply with Chapters 40.14 and 42.56 RCW, promote compliance by departments and staff with the requirements of Chapters 40.14 and 42.56 RCW, and assist members of the public who need information about the location of public records and about access for inspection and copying of records.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.060 Hours for records inspection and copying.
Public records shall be available for inspection and copying during a department’s customary business hours.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.070 Requests for public records – Commercial purpose.
Public records may be inspected or copied, and copies of records may be obtained by members of the public upon compliance with the following procedures:
A. A request shall preferably be made in writing. A request may be submitted to the Office of Public Records, 614 Division Street, Mail Stop 7, Port Orchard, Washington, 98366, or directly to the designated public records officer of the office of a separately elected county official. A request may be submitted in person, by mail, email, telephone, or facsimile, or through the online public records portal available at https://www.kitsap.gov.
B. A request must be for an identifiable record and include the following information:
1. The contact information of the person requesting the record;
2. Provide reasonable notice that the request is a request for records pursuant to the Public Records Act; and
3. A description of the record requested sufficiently specific by reference to names, title, subject matter, and time frames, or other means adequate for the county to identify and locate the record.
C. Commercial Purpose. All persons requesting lists of individuals must include an affidavit from the requestor that either: (1) states that the requestor is not requesting the list of individuals for a commercial purpose; or (2) states that the requestor is specifically authorized or directed by law to obtain the list of individuals for commercial purposes and identify such law.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.080 Responses to requests for public records.
A. The public records officer shall promptly deliver a public records request to the department or elected office where the requested records may be maintained and shall assist departments with responses as needed.
B. The county will provide the fullest assistance to requestors and the most timely possible action on requests; except that no request shall cause excessive interference with other essential functions of the county.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.090 Exemptions.
The county shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of Chapter 42.56 RCW or another statute which exempts or prohibits inspection and copying of specific information or records. The public records officer maintains a list of exemptions located in the online public records portal available at https://www.kitsap.gov.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.100 Fees for inspection and copying.
A. No fee shall be charged for the inspection of public records or for locating public documents and making them available for copying.
B. The county may by resolution of the board of county commissioners set reasonable fees as authorized by Chapter 42.56 RCW. All fees so adopted shall be posted on the county website as required by law.
C. Nothing contained in this section shall preclude (1) the department from agreeing to provide copies of reports or records to federal, state, or local agencies without charge whenever doing so is in the best interests of the county; or (2) the county from charging any and all other fees authorized by Chapter 42.56 RCW or other applicable law.
D. With the exception of paper reproduction costs for records exceeding eleven by seventeen inches, the board of county commissioners finds that calculating the actual costs for providing public records is unduly burdensome.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.110 (Repealed)*
* Editor’s Note: Former Section 3.76.110, “Protection of public records – Penalties, fines, and enforcement,” was repealed by Ordinance 555 (2018). Section 1 (part) of Ordinance 279 (2002) was formerly codified in this section.
3.76.120 Administrative review.
A. Any requestor who objects to the initial denial or partial denial of the requestor’s public records request may petition in writing to the public records officer for a review of the decision. The petition must include a copy of or reasonably identify the written statement by the county denying the request. The public records officer will serve as the reviewing official. If the public records officer participated substantially in the denial decision, then the reviewing official will be the county administrator or designee, in which case the public records officer will promptly provide the petition and any other relevant information to the reviewing official.
B. The reviewing official must promptly review the denial decision and provide the requestor with a written response, which may affirm, reverse or modify the denial in whole or in part.
C. Any requestor may seek judicial review of the denial of a public records request at the conclusion of two business days after the initial denial, regardless of any internal administrative appeal.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.130 Exemption from requirement to maintain a current records index.
A. The board of county commissioners finds that it would be unduly burdensome and costly to Kitsap County taxpayers, and would interfere with effective and timely county operations, to develop an index of all current records as specified in Chapter 42.56 RCW. County operations are complex, diverse, and changeful, and the board and its departments and divisions receive and produce volumes of correspondence, reports, surveys, studies, and other records.
B. No county official, branch, agency, board, department, division, office, commission or other county entity is required to maintain an index of public records conforming to the requirements of Chapter 42.56 RCW.
C. Any index maintained by an individual branch, agency, board, department, division, office or commission shall be made available for public inspection and copying unless exempt from copying and inspection or made confidential by law.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.135 Information governance committee.
A. Creation and Membership. An information governance committee is established, to be composed of the county administrator, the risk manager, the public records officer, the director of information services, and a representative of the auditor. A representative of the civil division of the prosecuting attorney’s office will serve as legal advisor. The county administrator, or designee, shall serve as the chair of the committee.
B. Meetings. The committee shall meet regularly or at a schedule determined by the county administrator, to consider all business relevant to the duties of the committee.
C. Duties. The committee shall oversee and coordinate the management and retention of county public records and information. The committee shall be primarily responsible for providing advice and recommendations to the boards and departments on new and existing records management practices and the systems used to manage county records and on policies and procedures regarding retention and destruction of public records and for coordinating training regarding public records and records management.
(Ord. 625 (2023) § 1, 2023)
3.76.140 Liberal construction.
This chapter shall be liberally construed to promote and provide the public access to public records so as to assure continuing public confidence, and to assure that the public interest is fully protected, while remaining mindful of the privacy rights of individuals, and the desirability of the efficient administration of government.
(Ord. 625 (2023) § 1, 2023; Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)