Chapter 1.112
INSPECTION AND COPYING OF PUBLIC RECORDS
Sections:
1.112.010 Authority and purpose.
1.112.020 Agency description – Contact information – Public records officer.
1.112.040 Processing of public records requests.
1.112.060 Costs of providing copies of public records.
1.112.070 Review of denials of public records.
1.112.010 Authority and purpose.
A. The city of Ritzville shall make available to all citizens nonexempt “public records” for inspection and copying in accordance with the following rules. A “public record” shall include any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the city.
B. The purpose of these rules is to establish the procedures the city of Ritzville will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the city of Ritzville and establish processes for both requestors and the city of Ritzville staff that are designated to best assist members of the public in obtaining such access.
C. The purpose of the act is to provide the public full access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of efficient administration of government. The act and these rules will be interpreted in favor of disclosure. In carrying out its responsibilities under the act, the city of Ritzville will be guided by the provisions of the act describing its purposes and interpretation. (Ord. 1097 § 1, 2006).
1.112.020 Agency description – Contact information – Public records officer.
A. The city of Ritzville is a full service local government providing law enforcement, fire protection, parks, cemetery, water, sewer, and sanitation services. The central office of the city of Ritzville is located at 216 East Main Avenue in Ritzville, Washington.
B. Any person wishing to request access to public records of the city of Ritzville, or seeking assistance in making such a request should contact the public records officer of the city of Ritzville:
City Clerk/Treasurer
City of Ritzville
216 East Main Avenue
Ritzville, Washington 99169
Voice Phone: (509) 659-1930
Fax Phone: (509) 659-0253
C. The public records officer will oversee compliance with the act, but another city of Ritzville staff member may process the request. Therefore, these rules will refer to the public records officer or “designee.” The public records officer or designee and the city of Ritzville will provide the “fullest assistance” to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the city of Ritzville. (Ord. 1097 § 2, 2006).
1.112.030 Availability of public records – Hours for inspection of records – Organization of records – Making requests for records.
A. Public records are available for inspection and copying during normal business hours of the city of Ritzville, Monday through Friday, 8:00 a.m. to 5:00 p.m. excluding legal holidays. Records must be inspected at the offices of the city of Ritzville.
B. The city of Ritzville finds that maintaining an index is unduly burdensome and would interfere with agency operations because the office has a very small staff that is already fully engaged in the day-to-day operations.
C. Any person wishing to inspect or copy public records of the city of Ritzville should make the request in writing on the city of Ritzville request form, or by letter, fax, or e-mail addressed to the public records officer and including the following information:
• Name of requestor;
• Address of requestor;
• Other contact information, including telephone number and any e-mail address;
• Identification of the public records adequate for the public records officer or designee to locate the records;
• The date and time of day of the request.
If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit. Standard photocopies will be provided at $0.15 per page for documents up to eight and one-half by 14 inches. Larger document copies will be provided on a cost-per-page basis from the appropriate outside source. Forms are available for use by the requestor at the office of the public records officer. The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing. (Ord. 1097 § 3, 2006).
1.112.040 Processing of public records requests.
A. The city of Ritzville is charged by statute with adopting rules which provide for how it will “provide full access to public records,” “protect records from damage or disorganization,” “prevent excessive interference with other essential functions of the agency,” provide “fullest assistance” to requestors, and provide the “most timely possible action” on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.
B. Within five business days of receipt of the request, the public records officer or designee will do one or more of the following:
• Make the records available for inspection or copying;
• If copies are requested and payment of a deposit for copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;
• Provide a reasonable estimate of when records will be available;
• If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or
• Deny the request.
C. If the city of Ritzville does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.
D. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.
E. Some records are exempt from disclosure, in whole or in part. If the city of Ritzville believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions and indicate to the requestor why portions of the record are being redacted.
F. Consistent with other demands, the city of Ritzville shall promptly provide a space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the city to copy. The requestor must claim or review the assembled records within 30 days of the city of Ritzville’s notification to him or her that the records are available for inspection or copying. The agency will notify the requestor in writing of the requirement and inform the requestor that he or she should contact the city of Ritzville to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the city of Ritzville may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.
G. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.
H. When a request is for a large number of records, the public records office or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.
I. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the city of Ritzville has completed a diligent search for the requested records and made any located nonexempt records available for inspection.
J. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the city of Ritzville has closed the request.
K. If, after the city of Ritzville has informed the requestor that it has provided all available records, the city of Ritzville becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis. (Ord. 1097 § 4, 2006).
1.112.050 Exemptions.
A. The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any other statute exempts or prohibits disclosure. The public records officer shall provide a list upon request of exemptions, outside of the Public Records Act, that restrict the availability of some documents held by the city of Ritzville for inspection and copying.
B. The city of Ritzville is prohibited by statute from disclosing lists of individuals for commercial purposes. (Ord. 1097 § 5, 2006).
1.112.060 Costs of providing copies of public records.
A. There is no fee for inspecting public records. A requestor may obtain standard black and white photocopies for $0.15 per page. Before beginning to make the copies, the public records officer or designee may require a deposit of up to 10 percent of the estimated costs of copying all records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The city of Ritzville will not charge sales tax when it makes copies of public records.
B. The cost of electronic copies or records shall be $1.00 for information on a floppy disk and $2.00 for information on a CD-ROM.
C. The city of Ritzville may also charge actual costs of mailing, including the cost of the shipping container.
D. Payment may be made by cash, check or money order to the city of Ritzville. (Ord. 1097 § 6, 2006).
1.112.070 Review of denials of public records.
A. Any person who objects to the initial denial or partial denial of records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.
B. The public records officer shall promptly provide the petition and any other relevant information to the mayor to conduct a review. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the city of Ritzville receipt of the petition, or within such other time as the city of Ritzville and the requestor mutually agree to.
C. Any person may obtain court review of denials of public records requests pursuant to RCW 42.17.340/42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal. (Ord. 1097 § 7, 2006).