Chapter 2.56
Public Records1
Sections:
2.56.020 Definitions--Adopted by reference.
2.56.030 Definitions--Additional.
2.56.040 Records as public property.
2.56.060 Duty to publish procedures.
2.56.070 Documents and indexes to be made public.
2.56.080 Content and maintenance of indexes.
2.56.090 Use of public record as precedent.
2.56.100 Requests for commercial uses--Prohibition--Condition of access.
2.56.110 Certain personal and other records exempt.
2.56.120 Disclosure prohibited by other statutes.
2.56.130 Procedure for inspection or copying.
2.56.140 Procedure for review of decision denying inspection or copy.
2.56.160 Alteration of cost schedule.
2.56.170 Protection of public records.
2.56.180 Destruction of information relating to employee misconduct.
2.56.190 Official city business.
2.56.200 Disclaimer of public liability.
2.56.210 Appeals procedure for review of decision denying inspection or copying.
2.56.010 Purpose.
(a) The purpose of this chapter is to provide public access to public records with limited exceptions to the extent required by applicable ordinance, law, rule, resolution, or regulation, to protect public records from damage or disorganization, to protect the reasonable rights of citizens to privacy; and to prevent excessive interference with other necessary and essential functions of the city.
(b) The provisions of this chapter are to be construed in conjunction with Chapter 10.97 RCW (Washington State Criminal Records Privacy Act), Chapter 13.50 RCW (Keeping and Release of Records by Juvenile Justice or Care Agencies), Chapter 40.14 RCW (Preservation and Destruction of Public Records), Chapter 42.17 RCW (Public Records), Chapter 46.52 RCW (Accidents--Reports--Abandoned Vehicles), and any other applicable federal or state law, as presently constituted or as may be subsequently amended. (Ord. 1364 §1, 1995).
2.56.020 Definitions--Adopted by reference.
(a) The definitions set forth in RCW 10.97.030, 42.17.020, and 42.17.255, as presently constituted or as may be subsequently amended or succeeded, are adopted by reference, together with all amendments and additions provided in this chapter.
(b) Not less than one copy of any such statute as codified, amendments, successors and additions thereto, is now on file and shall hereafter be maintained on file in the office of the clerk-controller and is available for use and examination by the public. (Ord. 1364 §2, 1995).
2.56.030 Definitions--Additional.
Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this chapter shall have the indicated meanings.
"City" means and includes city officers, employees or agents.
"Clerk-controller" means and includes deputy clerks and other designees of the clerk-controller.
"Computer report" means the result of the writing of data by selected criteria from an electronic database.
"Department" means a major functional division of the city's government as recognized within the city's budget.
"Electronic database" means a collection of data on computer accessible media arranged for retrieval.
"Nonroutine computer report" means a computer report that a department is capable of producing but that is not regularly produced or indexed by the department.
"Routine computer report" means a computer report that is regularly made by a department in the ordinary course of business to satisfy federal, state, county or local reporting requirements or for other administrative or legislative purposes. (Ord. 1364 §3, 1995).
2.56.040 Records as public property.
All public records are and shall remain property of the city. Such records shall be delivered by outgoing officials and employees to their successors. Public records are preserved, stored, transferred, destroyed, and otherwise managed only in accordance with this chapter and applicable state law. (Ord. 1364 §4, 1995).
2.56.050 Custody of records.
The original copy of all public records shall remain in the custody of the clerk-controller, provided the clerk-controller may designate custodians and repositories in the various departments of the city. Such records shall not be placed in the custody of any other person or agency, public or private, or released to individuals except for disposition or destruction as provided by law. (Ord. 1364 §5, 1995).
2.56.060 Duty to publish procedures.
Each department shall prominently display and make available for inspection and copying at the office of the clerk-controller, for guidance of the public:
(1) Descriptions of its central and field organization and established places at which, the employees from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain copies of department decisions;
(2) Statements of the general course and method by which its operations are directed and determined, including the nature and requirements of the major formal procedures available to the extent that such procedures have been placed in a written form;
(3) Rules of procedure;
(4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the department in a written form;
(5) Each amendment or revision to or repeal of any of the foregoing. (Ord. 1364 §6, 1995).
2.56.070 Documents and indexes to be made public.
(a) Each department, in accordance with rules issued by the clerk-controller, shall make available for public inspection and copying all public records, unless the record falls within the specific exemptions of Sections 2.56.100, 2.56.110 and 2.56.120 of this chapter, or other statute, rule, regulation or ordinance that exempts or prohibits disclosure of specific information or records. To the extent required to prevent an unreasonable invasion of personal privacy interests protected by Sections 2.56.100, 2.56.110 and 2.56.120, the city shall delete identifying details in a manner consistent with Sections 2.56.100, 2.56.110 and 2.56.120 when it makes available or publishes any public record; however, in each case, the justification for the deletion is to be referenced in writing.
(b) For informational purposes, the city may maintain a list containing such statutes, rules, regulations, and ordinances, other than those listed in Chapter 42.17 RCW, as presently constituted or as may be subsequently amended, that the city believes exempts or prohibits disclosure of specific information or records of the city. The city's failure to list an exemption shall not affect the efficacy of any exemption. (Ord. 1364 §7, 1995).
2.56.080 Content and maintenance of indexes.
(a) The city shall maintain and make available for public inspection and copying a current index providing identifying information as to the following records issued, adopted, or promulgated after the twenty-eighth day of June, 1995:
(1) Final opinions, as well as orders, made in the adjudication of cases;
(2) Those statements of policy and interpretations of policy, statute, ordinance, regulation, and the constitution that have been adopted by a department;
(3) Administrative staff manuals and instructions to staff that affect a member of the public;
(4) Planning policies and goals, and interim and final planning decisions;
(5) Factual and 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 public employees or others;
(6) Correspondence, and materials referred to therein, by and with the department relating to any regulatory, supervisory or enforcement responsibility of the department, whereby the department determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, the city, or of a private party;
(7) Ordinances, resolutions, and policies adopted by the city council and amendments, revisions, and repeals thereof;
(8) Audio recordings, if any, and minutes of the regular and special meetings of the city council and the other public bodies of the city;
(9) All public contracts, deeds and leases.
(b) The index is maintained at the city hall in the office of the clerk-controller for the use of the city and the general public. All other such records of the city relating to the specific function and responsibility of a particular department are maintained and indexed for the use of the department and the general public in the office of the particular department.
(c) The city or a department need not maintain such an index, if to do so would be unduly burdensome, but it shall in that event:
(1) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with department operations; and
(2) Make available for public inspection and copying all indexes maintained for department use.
(d) All requests for records inspection and copying shall be made with reference to readily identifiable indexed records. Nothing in this chapter shall create a duty to compile or create a new public record based on citizen request. (Ord. 1364 §8, 1995).
2.56.090 Use of public record as precedent.
A public record may be conclusively relied on, used, or cited as precedent by the city against or to a party other than an agency and it may be invoked by the city for any other purpose if:
(1) It has been indexed in an index available to the public; or
(2) Parties affected have timely notice (actual or constructive) of the terms thereof. (Ord. 1364 §9, 1995).
2.56.100 Requests for commercial uses--Prohibition –Condition of access.
(a) This chapter shall not be construed as giving authority to any department to give, sell or provide access to lists of individuals requested for commercial purposes, and the city shall not do so unless specifically authorized or directed by law and only after any such request has been approved by action of the council.
(b) The city shall condition access to a public record containing a list of individuals on the requester's written promise that the record will not be used for a commercial purpose, but the city shall not require the requester to enter into a hold harmless agreement to that effect to the extent that any such agreement might be prohibited by law. (Ord. 1364 §10, 1995).
2.56.110 Certain personal and other records exempt.
(a) The public disclosure provisions of this chapter shall not apply to information the disclosure of which would violate an applicable state or federal law, rule or regulation that exempts or prohibits disclosure or copying of specific information or records. In addition, the following records are also exempt from public inspection and copying:
(1) Personal information in files maintained for employees, appointees, or elected officials of the city to the extent the disclosure would unreasonably violate their right to privacy;
(2) Information required of a taxpayer in connection with the assessment or collection of a tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330, as presently constituted or as may be subsequently amended, or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer, or (iii) to the extent allowed by law, result in a disclosure of proprietary information provided to the city;
(3) Specific intelligence information and specific investigative records compiled by investigative, law enforcement and penology departments, the nondisclosure of which is essential to effective law enforcement or for the protection of a person's right to privacy;
(4) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement or penology departments, if disclosure would endanger any person's life, physical safety or property. If at the time the complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern;
(5) Test questions, scoring keys, and other examination data used to administer a license, employment or civil service examination;
(6) Except as provided by Chapter 8.26 RCW, as presently constituted or as may be subsequently amended or succeeded, the contents of real estate appraisals, made for or by any agency, including the city, relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the date of the appraisal;
(7) Valuable formulae, designs, drawings and research data obtained or produced by the city within five years of the request for disclosure when disclosure would provide private gain and public loss;
(8) Preliminary drafts, notes, recommendations and intracity memoranda in which opinions are expressed or policies formulated or recommended except that a specific record shall not be except when publicly cited by the city in connection with a city action;
(9) Records that are relevant to a controversy to which the city 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;
(10) Records, maps or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites;
(11) All applications for public employment, including the names of applicants, resumes and other related materials submitted with respect to an applicant;
(12) The residential addresses and residential telephone numbers of employees or volunteers of a public agency that are held by the city in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers;
(13) The residential addresses and residential telephone numbers of the customers of a city-operated utility contained in the record or list held by the city;
(14) Information that identifies a person who, while a city employee (i) seeks advice, under an informal process established by the city, in order to ascertain his or her rights in connection with a possible unfair practice under Chapter 49.60 RCW against the person, and (ii) requests his or her identity or any identifying information not be disclosed;
(15) Business related information protected from public inspection and copying under RCW 15.86.100, as presently constituted or as may be subsequently amended or succeeded;
(16) The license applications for concealed pistols under RCW 9.41.070, as presently constituted or as may be subsequently amended or succeeded. Copies of license applications or information on the applicants may be released to law enforcement or corrections agencies;
(17) Information revealing the identity of victims of sexual assault. "Identifying information" means the victim's name, address, location, photograph, and the relationship between the victim and the alleged perpetrator;
(18) Municipal court case files, if ordered sealed by the judge of the municipal court of the city;
(19) Plans and specifications of one competitor to another before the awarding of a contract;
(20) Names of law enforcement officers against whom complaints had not been sustained as well as, to the extent allowed by law, those against whom complaints have been sustained, after internal investigation by their respective agencies, as well as names of complainants and witnesses;
(21) Files and work product of the legal department;
(22) A public record that the Grays Harbor County superior court has found that access to would damage a person or vital government function;
(b) Except for information described in subsection (A)(2)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, as presently constituted or as may be subsequently amended, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital government interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons. (Ord. 1364 §11, 1995).
2.56.120 Disclosure prohibited by other statutes.
The city shall not be required by this chapter to permit public inspection and copying of any city record to the extent public disclosure of the record is prohibited, restricted or limited by state or federal statute or regulation including, but not limited to:
(1) Chapter 10.97 RCW--Washington State Criminal Records Privacy Act;
(2) Chapter 13.50 RCW--Keeping and Release of Records by Juvenile Justice or Care Agencies;
(3) Chapter 40.14 RCW--Preservation and Destruction of Public Records;
(4) Chapter 42.17 RCW--Public Records;
(5) Chapter 46.52 RCW--Accidents--Reports--Abandoned Vehicles. (Ord. 1364 §12, 1995).
2.56.130 Procedure for inspection of copying.
(a) A person wishing to inspect or copy public records shall first make such request in writing to the office of the clerk-controller during regular business hours as specified by the applicable code section. If the records requested are not in the custody of the clerk-controller, the clerk-controller shall direct the requester to the appropriate department. All requests for public records shall be documented by the requester on a form furnished by the clerk-controller, which shall include:
(1) The name, address, and telephone number of the requester;
(2) Information necessary to readily identify the public record requested; and
(3) The purpose for which a record is requested.
(b) If the written request includes a request for copies, a tender of payment according to the fee schedule provided for and established under this chapter shall also be made. If there is uncertainty as to the amount required, the amount tendered is based upon a minimum of ten pages for a written document, thirty minutes for an audiotape recording, five dollars for each map, drawing or photograph, and one hundred dollars for verbatim written transcripts of audio tape recordings. In the event the actual cost of reproduction exceeds the amount tendered, the balance is paid upon delivery of the requested copy or copies. In the event the amount tendered exceeds the actual cost, the excess balance is refunded at the time of delivery of the copy or copies.
(c) Within five business days of receiving a completed form containing a public record request, the clerk-controller shall respond to the request by either:
(1) Providing the record;
(2) Acknowledging that the city has received the request and providing a reasonable estimate of the time the city will require to respond to the request; or
(3) Denying the public record request.
(d) Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request.
(e) In acknowledging receipt of a public record request that is unclear, the clerk-controller may ask the requester to clarify what information the requester is seeking. If the requester fails to clarify the request, the clerk-controller need not respond to it.
(f) All assistance necessary to help the requester locate and copy the particular record is to be provided promptly either by an employee of the clerk-controller's office or of the particular department; provided, that the giving of such assistance does not unreasonably disrupt the operation of the department or the other duties of the assisting employee.
(g) Requests for copies of public records received by mail are honored if reimbursable costs are tendered, otherwise they are returned to the requester. (Ord. 1364 §13, 1995).
2.56.140 Procedure for review of decision denying inspection or copy.
(a) Whenever a person has requested to inspect or copy a record and that request has been denied, such person may resubmit the request in writing and deliver such request to the office of the clerk-controller.
(b) Upon receipt of such written request, the clerk-controller, before the end of the next regular business day following receipt by the city of the written request, shall determine whether such request must be granted or is a request to inspect or copy an exempt record. In making this determination, the clerk-controller may consult with the affected department head or employee and shall personally inspect the requested record, if it exists in the form requested. If the clerk-controller determines that the document is not exempt, or is exempt but could be made available after deletion of exempt portions as provided in Sections 2.56.100, 2.56.110 and 2.56.120 of this chapter, or deletion of portions that would violate personal privacy or vital governmental interests, the request shall be granted; provided, that such exempt portions are deleted. If the request has been for copies, the same are to be made and delivered to the requester upon payment of the appropriate fees.
(c) Responses refusing, in whole or in part, inspection or copying of a public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record (or part) withheld. (Ord. 1364 §14, 1995).
2.56.150 Charges for copying.
(a) No fee is charged for the location or inspection of public records.
(b) After receiving a recommendation from the departments, the council shall establish a fee schedule for the costs of responding to, providing and reproducing public records. The clerk-controller is directed to have on file such adopted schedule of such costs of reproduction. In determining the cost of reproduction, labor and mailing costs are includable factors. The cost schedule shall include, but not be limited to, the following records: audio tape recordings, deeds, maps, ordinances, plans, public meeting minutes, reports, resolutions, routine computer reports, street maps, verbatim written transcripts of audio tape recordings, and other records contemplated by Section 2.56.030 of this chapter.
(c) Nonroutine computer reports are made available on citizen request provided the following shall apply:
(1) Actual costs of labor and materials, including computer time, to produce such reports are borne by the requesting party;
(2) Approximate costs related to such reports shall be tendered at the time such request is made;
(3) Identifying information, which would be highly offensive to a reasonable person and not of legitimate concern to the public, shall be deleted from such report before release; and
(4) Requests for such reports shall not violate any exemption to public inspection or copying found in federal, state, or other local legislation.
(d) Where the request is for a certified copy, there is an additional charge to cover the additional expense and time required for certification. (Ord. 1364 §15, 1995).
2.56.160 Alteration of cost schedule.
When economic or other factors require a change in the established cost schedule, the clerk-controller may request that the council change the schedule. (Ord. 1364 §16, 1995).
2.56.170 Protection of public records.
(a) The clerk-controller shall adopt and enforce reasonable regulations, consistent with the intent of this chapter, to provide full public access to public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the city. Such regulations shall provide for the fullest assistance to inquirers, the most timely possible action on requests for information, and contain procedures for honoring requests received by mail or facsimile transmission for copies of identifiable public records.
(b) If a public record request is made at a time when such record exists but is scheduled for destruction in the near future, the city shall retain possession of the record, and shall not destroy or erase the record until the request is resolved. (Ord. 1364 §17, 1995).
2.56.180 Destruction of information relating to employee misconduct.
Nothing in this chapter prevents the city from destroying information relating to employee misconduct or alleged misconduct, in accordance with RCW 41.06,450, as presently constituted or as may be subsequently amended or succeeded, to the extent necessary to ensure fairness to the employee. (Ord. 1364 §18, 1995).
2.56.190 Official city business.
A department head may provide copies of city records at no charge to individuals or government agencies doing business with the city if the department head determines such action to be in the best interest of the city. (Ord. 1364 §19, 1995).
2.56.200 Disclaimer of public liability.
The city is not liable, nor shall a cause of action exist, for any loss or damage based upon the release of a public record if the city acted in good faith in attempting to comply with this chapter. (Ord. 1364 §20, 1995).
2.56.210 Appeals procedure for review of decision denying inspection or copying.
Whenever a member of the public has requested to inspect or copy an identifiable public record and that request has been denied by the clerk-controller, such person may appeal the denial to the council by filing a written notice of appeal with the office of the clerk-controller within ten days of the denial. The matter shall be then considered by the council at its first regular meeting held more than five business days after the filing. Any appeal from its decision shall be taken to the Grays Harbor superior court and must be filed within five business days following the issuance of the council's decision. (Ord. 1364 §21, 1995).
For statutory provisions regarding maintenance and access to public records and documents, see RCW 42.17.250 et seq.