Chapter 2.72
PROCEDURES FOR THE INSPECTION OF PUBLIC RECORDS
Sections:
2.72.030 Information exempt from public inspection.
2.72.050 Alteration of cost schedule.
2.72.060 Payment of cost of transcription of verbatim written transcript for court proceedings.
2.72.070 Disclosure prohibited.
2.72.010 Request for records.
All persons desiring to inspect or receive a copy of any public record of the city must make their request to the city clerk/treasurer, or his/her designee, on forms specified by the clerk/treasurer. (Ord. 1217 § 1, 1993).
2.72.020 Response to request.
(a) Responses to requests for records will be made within five business days of receiving public record request by either (1) providing the record (2) acknowledging receipt of request and providing a reasonable estimate of time the request will be responded to. Additional time may be required 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 subject to denial. Clerk/treasurer’s office may ask the requester to clarify what information the requester is seeking. If requester fails to clarify request, the city need not respond.
(b) If the request is for a record maintained or indexed other than in the clerk/treasurer’s office, the requester will be advised that their request has been forwarded to the appropriate department. All assistance necessary to help the requester shall be provided either by an employee of the clerk/treasurer’s office or of the particular department. The giving of such assistance shall not unreasonably disrupt the operation of the city or the other duties of assisting employees. If the written request includes a request for copies, a payment in accordance with the city’s fee schedule shall be paid.
(c) Whenever a member of the public has requested to inspect an identifiable public record and that request has been denied, such a person may submit a written request and have such denial reviewed by the city clerk/treasurer. (Ord. 1217 § 2, 1993).
2.72.030 Information exempt from public inspection.
(a) The following shall be exempt from public inspection and copying:
(1) Personal information and any files maintained for prisoners;
(2) Personal information and any files maintained for city employees, appointees or elected officials to the extent the disclosure would violate their right to privacy;
(3) Information required of any taxpayer or city license holder in connection with the assessment or collection of any tax or license fee if the disclosure of the information to other persons would violate the taxpayer or licensee’s right to privacy or would result in unfair competitive disadvantage to such taxpayer or licensee;
(4) Specific intelligence information and specific investigative files compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy;
(5) Information revealing the identity of persons who file complaints with investigative, law enforcement, or penology agencies, if disclosure would endanger any person’s life, physical safety, or property, or if the complainant has indicated a desire for nondisclosure;
(6) Test questions, scoring keys and other examination data used to administer license, employment or civil service examination;
(7) Except as provided by Chapter 8.26 RCW, the contents of any real estate appraisals made for or by any agency, including the city, relative to the acquisition of property by the city until the project is abandoned or until such time as all of the property has been acquired, but in no event shall disclosure be denied for more than three years after the date of the appraisal;
(8) Valuable formulas, designs, drawings and research data obtained or produced by the city, its officers, employees and agents within five years of any request for disclosure thereof, when disclosure would produce private gain and public loss;
(9) Preliminary drafts, notes, recommendations and intra-agency memorandums in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
(10) Records which are relevant to a controversy to which the city or any of its officers, employees or agents 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;
(11) Any library record which could disclose the identity of a user of library materials;
(12) Lists of individuals requested for commercial purposes;
(13) Any public record access which the Okanogan County superior court has found would damage any person or vital governmental function;
(14) Residence address and telephone number of city employees or volunteers;
(15) Residence address and telephone number of city utility customers;
(16) Applications for employment, including name of applicant, resume, and other related material submitted with respect to an applicant.
(b) The exemptions of this section shall be inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption shall be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons. (Ord. 1217 § 3, 1993).
2.72.040 Record copy charge.
(a) Copies of any disclosable public record (or portions thereof) including, but not limited to, maps, reports, codes, plans and tape recordings shall be made and provided by the city upon request and payment of the actual cost incidental to reproducing the same. The clerk/treasurer, in consultation with appropriate departments, is directed to prepare and have on file as a public document a schedule of such costs of reproduction. Charges to be set by resolution.
(b) Where the request is for a certified copy, there shall be an additional charge to cover the additional expense and time for certification and such charges shall be set by resolution.
(c) Payment for the cost of reproduction of all public records shall be made at the time the request for public records is submitted to the clerk/treasurer. If there is uncertainty as to the amount required, the amount tendered shall be based upon estimates established by the clerk/treasurer in the schedule of costs for reproduction set by resolution. If the actual amount of the cost of reproduction exceeds the amount tendered, the balance shall be paid upon delivery of the requested copy or copies. In the event the amount tendered exceeds the actual cost, the balance shall be refunded at the time of the delivery of the copy or copies. Except as specifically provided in this chapter, there shall be no refunds. (Ord. 1418 § 8, 1999: Ord. 1217 § 4, 1993).
2.72.050 Alteration of cost schedule.
When a change in the established cost schedule is required, the clerk/treasurer, in consultation with appropriate department(s), shall change the schedule by filing a new schedule. (Ord. 1217 § 5, 1993).
2.72.060 Payment of cost of transcription of verbatim written transcript for court proceedings.
(a) Whenever the city is required to prepare a verbatim written transcript of any proceeding of the city in response to a writ of review or other action filed in the superior court or any other state or federal court, the cost of preparing the same shall be borne by the party filing the action. The party filing such action shall pay to the city clerk/treasurer the estimated cost of the preparation of the transcript (as established by the city clerk/treasurer), including copying costs and the city clerk/treasurer shall thereafter make a provision for the preparation of the transcript.
(b) Should the actual cost incurred by the city in preparation of the transcript exceed the amount deposited with the city clerk/treasurer, the party making such deposit shall be required to reimburse the city for such additional amount within ten days of notification that such amount is due or prior to the time the transcript is required to be filed with the court, whichever occurs first. Should the actual cost incurred by the city be less than the estimated cost deposited, such credit due shall be reimbursed by the city to the party making the deposit. (Ord. 1217 § 6, 1993).
2.72.070 Disclosure prohibited.
The city shall not be required to permit public inspection and/or copying of any record to the extent public disclosure is prohibited, restricted or limited by state or federal laws. (Ord. 1217 § 7, 1993).
2.72.080 Clerk/treasurer.
Any reference in this chapter to “city clerk/treasurer” includes the clerk/treasurer and his or her designee. (Ord. 1217 § 8, 1993).