Chapter 2.84
COPIES OF PUBLIC RECORDS
Sections:
2.84.010 City clerk as public records officer—Form for request.
2.84.020 Response or denial of request.
2.84.030 Certain personal and other records exempt.
2.84.040 Exemptions from request procedure.
2.84.050 Fees.
2.84.060 Model rules and administrative procedures.
2.84.010 City clerk as public records officer—Form for request.
A. The city clerk is hereby designated as the public records officer of the city. Contact information for the city clerk is to be made available to the public in a manner reasonably calculated to provide notice of whom to request public records from, such as posting such contact information at City Hall or on the city’s Internet website.
B. All persons desiring to inspect or receive a copy of any public record of the city must make their request to the city clerk, or designee, on forms specified by the city clerk. (Ord. 1130 § 1 (part), 2005: Ord. 361 § 1, 1982)
2.84.020 Response or denial of request.
A. Responses to requests for public records will be made promptly and pursuant to guidelines established in Chapter 42.56 RCW. Within five business days of receiving a written public records request, the city must respond by either:
1. Providing the record; or
2. Providing an Internet address and link on the city’s website to the specific records requested, except that if the requestor notifies the city that he or she cannot access the records through the Internet, then the city will provide access to copies or allow the requestor to view the records using a city computer; or
3. 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
4. Acknowledging the request and asking for clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of the time the city will require to respond to the request; or
5. Denying the public records request. Denials must be accompanied by a written statement of specific reasons for denial.
B. 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 disclosure.
C. Additional time required to respond to a request may be based on 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 and that a denial should be made as to all or part of the request.
D. No request for identifiable public records shall be denied solely on the basis that the request is overbroad, but the city may deny a request that seeks all or substantially all records prepared, owned, used, or retained by an agency as an invalid request that does not seek identifiable records.
E. If the city asks a requestor to clarify a request and the requestor fails to clarify the request, the city need only respond to the parts of the request that are clear. (Ord. 1410 § 1, 2018: Ord. 1247 § 1, 2010: Ord. 1130 § 1 (part), 2005: Ord. 814 § 1, 1994: Ord. 361 § 2, 1982)
2.84.030 Certain personal and other records exempt.
The city adopts by reference the exemptions from public disclosure contained in RCW 42.56.210 et seq., including any future amendments thereto or recodification thereof. (Ord. 1410 § 2, 2018: Ord. 1130 § 1 (part), 2005: Ord. 814 § 2 (part), 1994: Ord. 361 § 3, 1982)
2.84.040 Exemptions from request procedure.
Provisions of this chapter do not apply to elected officials, appointed officers or employees of the city or for courtesy copies for other government agencies; provided, that nothing in this section authorizes disclosure of any otherwise exempt public record. (Ord. 1130 § 1 (part), 2005: Ord. 361 § 4, 1982)
2.84.050 Fees.
A. No fee shall be charged for the inspection of public records. Any person who requests a copy of any public record from the city clerk shall pay to the city clerk a copying charge. The charge for copying shall be established by resolution of the city council. Nothing herein shall be construed to apply to charges for accident reports pursuant to RCW 46.52.085.
B. The city clerk may require a deposit in an amount not to exceed ten percent of the estimated cost of providing copies for a request. If public records are made available on a partial or installment basis, the applicable fees shall be due and payable for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the city shall not be obligated to fulfill the balance of the request.
C. The city may waive charges pursuant to the model rules and procedures referenced in Section 2.84.060. The city may enter into a contract, memorandum of understanding, or other agreement with a requestor that provides an alternative fee arrangement. (Ord. 1410 § 3, 2018: Ord. 1130 § 1 (part), 2005: Ord. 814 § 2 (part), 1994: Ord. 361 § 5, 1982)
2.84.060 Model rules and administrative procedures.
The city may, in its discretion, follow the Public Records Act Model Rules promulgated under Chapter 44-14 WAC on file at the city clerk’s office. Upon recommendation of the city clerk, the management services director may issue additional administrative procedures for the implementation of this chapter. (Ord. 1410 § 4, 2018: Ord. 1247 § 2, 2010)