Chapter 2.76
PUBLIC RECORDS DISCLOSURE*
Sections:
2.76.010 Records available for public inspection – Exemptions.
2.76.020 Adoption of rules and regulations consistent with state law.
2.76.031 Fees added for records retention.
2.76.040 Public records officer.
2.76.050 Public records index.
* Code reviser’s note: Ordinance 3169 repealed and reenacted this chapter. Prior to its repeal and reenactment, the chapter was based on the provisions of Ords. 2162, 2757, 2790 and 3051.
2.76.010 Records available for public inspection – Exemptions.
All public records shall be available for public inspection and copying as provided for, and subject to, the exemptions contained in Chapter 42.56 RCW (the “Public Records Act”). (Ord. 3293 § 2 (Exh. B), 2022; Ord. 3180 § 1 (Exh. A), 2017; Ord. 3169 § 14 (Exh. J), 2017).
2.76.020 Adoption of rules and regulations consistent with state law.
The city clerk is hereby directed and authorized to adopt reasonable rules and procedures to ensure compliance with this chapter and with the Public Records Act, and to protect said records from damage, disappearance, or disorganization. (Ord. 3293 § 2 (Exh. B), 2022; Ord. 3180 § 1 (Exh. A), 2017; Ord. 3169 § 14 (Exh. J), 2017).
2.76.030 Fees.
Council shall establish fees by separate resolution. (Ord. 3293 § 2 (Exh. B), 2022; Ord. 3180 § 1 (Exh. A), 2017; Ord. 3169 § 14 (Exh. J), 2017).
2.76.031 Fees added for records retention.
There shall be added to each of the following fees, licenses, and applications a fee as provided for by separate resolution, to be earmarked for administrative functions related to records retention and management:
A. All fees for PCD and public works department applications set forth by council resolution providing for fees for applications;
B. All business license fees (one time only on initial application or first renewal after the initiation of the fee);
C. All fees for special event permits. (Ord. 3293 § 2 (Exh. B), 2022; Ord. 3180 § 1 (Exh. A), 2017; Ord. 3169 § 14 (Exh. J), 2017).
2.76.040 Public records officer.
There is hereby created an office of the public records officer. The city public records officer shall serve as the city’s designated public records officer as required by RCW 42.56.580 as hereafter amended. The public records officer will serve as the point of contact for members of the public requesting public records disclosure and will oversee the city’s compliance with the public records disclosure requirements of Chapter 42.56 RCW (Public Records Act). The name and contact information of the public records officer will be publicly available on the city website and any other location as required by RCW 42.56.580.
The powers, duties and responsibilities of the public records officer also include city-wide records management. (Ord. 3293 § 2 (Exh. B), 2022).
2.76.050 Public records index.
Pursuant to RCW 42.56.070(4)(a), the city of Port Townsend is not required to maintain an all-inclusive index of public records based on the following findings:
A. The Revised Code of Washington (RCW) requires all cities and public agencies to maintain and make available a current index of all public records.
B. The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
C. When such an order is made, all indexes maintained by the city must be made available to provide identifying information on those records which are available for inspection and/or copying.
D. The city of Port Townsend is comprised of multiple departments, their divisions and subdivisions, which maintain separate databases and/or record-keeping systems for the indexing of records and information.
E. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records.
F. The city will fully comply with the provisions of the RCW as they relate to the Public Disclosure Act, under Chapter 42.56 RCW. (Ord. 3293 § 2 (Exh. B), 2022; Ord. 3180 § 1 (Exh. A), 2017; Ord. 3169 § 14 (Exh. J), 2017).