Chapter 2.50
PUBLIC RECORDS DISCLOSURE
Sections:
2.50.040 City employee responsibilities – Training – Effect on other duties and functions.
2.50.050 Requests for public records under the Public Records Act – Other disclosure requests.
2.50.060 Decision on Public Records Act request – Procedure for review of decision.
2.50.070 Current index requirement – Finding of nonjustification.
2.50.080 Public records officer – Appointment and duties.
2.50.090 Costs of providing copies of public records.
2.50.100 Resources devoted to public records disclosure.
2.50.010 Purpose.
A. The purpose of this chapter is to provide for the administration of the city of Sequim’s policies regarding disclosure and production of public records and to ensure compliance with Chapter 42.56 RCW (the Public Records Act, “PRA”) and other laws, regulations, or rules applicable to public records disclosure, as adopted or as hereafter amended.
B. The PRA provides full public access to records concerning the conduct of government while being mindful of individuals’ privacy rights and the desirability of efficient government administration. Any policies or procedures adopted by the city will be interpreted in favor of prompt and thorough responses to requests for disclosure. In carrying out its responsibilities under the PRA and other disclosure statutes and rules, the city will be guided by those specific provisions and purposes.
C. An additional purpose of this chapter is to recognize that the city has essential functions in addition to public records disclosure, and that complying with the PRA and other disclosure statutes and rules must not create excessive interference with essential functions of the agency (RCW 42.56.100). (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 1)
2.50.020 Definitions.
The definitions set forth in Chapter 42.56 RCW (or its successor, as enacted or amended) are adopted by reference. The definitions set forth in the City of Sequim’s Public Records Act Compliance Policy and General Guide for Disclosure of City Records, as adopted or as amended, are also adopted by reference. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 2)
2.50.030 Adoption of City of Sequim’s Public Records Act Compliance Policy and General Guide for Disclosure of City Records – Authorization for city manager approval of updates.
The city council recognizes that the laws governing disclosure of records are subject to frequent revision and that agencies must be ready to adopt new procedures on an expedited basis in order to remain compliant, efficient, and effective. Therefore, in 2017 council adopted the “City of Sequim’s Public Records Act Compliance Policy and General Guide for Disclosure of City Records” (“Guide”) as the city’s official public records disclosure policy and authorized the city manager to approve updates so long as a particular revision did not require adoption by the legislative body as a matter of law. Any future revision that requires formal adoption will be timely brought before council and incorporated into the Guide upon approval.
The public records officer (“PRO”), as set forth in Chapter 2.12 SMC, with the assistance of the city attorney and city manager, ensures that the Guide remains in compliance with the Public Records Act and all other relevant laws and that no out-of-date versions are relied upon by staff or posted for the public.
The PRO ensures that the Guide is easily accessible on the city’s official website and that a physical copy is available upon request. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A). Formerly 2.50.025)
2.50.040 City employee responsibilities – Training – Effect on other duties and functions.
A. All city employees are responsible for assisting in identifying responsive records and facilitating thorough collection of records for disclosure.
B. The city will provide training to its employees on their obligations under the Public Records Act, including the responsibility of all employees to retain records according to the relevant retention schedule. Employees will undergo periodic refresher training on the importance of disclosure procedures, the role of the PRO, and the availability and use of the Guide and the city’s online repository and records request portal.
C. For most city employees, producing records in response to a disclosure request is a responsibility assigned in addition to their primary assigned duties and functions.
D. The city, in accordance with RCW 42.56.100 and WAC 44-14-04003(3), as enacted or amended, limits the amount of time spent by employees in collecting and disclosing public records. Time spent beyond these established time frames is deemed to be an excessive interference with other essential functions of the agency. The PRO will consider these times when calculating the time required for records production:
1. For city employees for whom responding to disclosure requests is not among their primary assigned duties, this time is limited to eight hours in a month.
2. For city employees for whom responding to disclosure requests is among their primary assigned duties, the time spent will be set forth in the city’s Guide described in SMC 2.50.030. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A). Formerly 2.50.027)
2.50.050 Requests for public records under the Public Records Act – Other disclosure requests.
A. All requests to inspect or copy public records made pursuant to the PRA will be handled pursuant to the Guide, as adopted or as amended.
B. Unless exempt from disclosure, city records will be available for inspection and copying in accordance with this chapter and the Guide.
C. The exemptions from disclosure set forth in Chapter 42.56 RCW are adopted by reference. Any exemptions from disclosure set forth in any other controlling law or in case law in effect at the time of a request are considered amendments adopted by this reference. Requests to inspect or copy records that may contain exempt material will be handled pursuant to the Guide.
D. Requests for disclosure of records made pursuant to other statutes and rules will be handled pursuant to the Guide, in accordance with those statutes and rules. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 3. Formerly 2.50.030)
2.50.060 Decision on Public Records Act request – Procedure for review of decision.
The procedure for internal administrative review of the PRO’s decision to exempt from disclosure any record, in whole or in part, is set forth in the Guide. A requester may seek judicial review of an adverse decision pursuant to RCW 42.56.550. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 4. Formerly 2.50.040)
2.50.070 Current index requirement – Finding of nonjustification.
The city council finds that maintenance of a current index of identifying information for the records described in Chapter 42.56 RCW would unduly burden and interfere with city operations. The city has never received a request for inspection and copying of a current index. City officials and employees have full workloads and city residents have expressed a desire for low-cost government, with minimum staff levels. Therefore, based upon anticipated use and cost to the city, creation and maintenance of a current index for city departments is not justified and the city will not maintain such an index, as allowed under RCW 42.56.070(4). (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 5. Formerly 2.50.050)
2.50.080 Public records officer – Appointment and duties.
A. The city clerk is the city’s appointed public records officer (PRO) and has the duties described in this chapter, in Chapters 2.12 and 2.51 SMC, and in the Guide.
The PRO will:
1. Serve as a primary point of contact for members of the public requesting access to and disclosure of city records;
2. Administer the city’s records request software programs and electronic repositories and act as formal recipient for service of subpoenas;
3. Designate other staff as needed to assist with providing access to and disclosure of records;
4. Oversee compliance with the Public Records Act and any related laws, rules, and regulations;
5. Fulfill records requests with the assistance of designees and any other necessary persons, including information technology staff and individuals or companies with whom the city has contracted;
6. Implement policies and procedures in coordination with the city manager, city attorney, and (when required) the city council as necessary to carry out the provisions of this chapter consistent with applicable laws and rules; and
7. Have final decision-making authority over access, disclosure, and production of records, except where a petition for internal administrative review has been filed, in which case the city attorney may affirm or reverse the PRO’s decision.
B. The PRO will publish his or her name and contact information in a way reasonably calculated to provide notice to the public as to how to make a request for records, including posting the PRO’s name on the city’s website. The PRO will ensure that the most recent Guide is posted on the city’s website.
C. The PRO, in coordination with the city attorney, will remain abreast of the law, regulations, rules, and case law related to records disclosure, and whenever necessary will prepare and submit for adoption a revised version of the Guide.
D. During the first quarter of each year, the PRO or designee will submit a report to the city council on the city’s performance in responding to public records requests during the preceding year. The report will include, at a minimum:
1. Open records requests (queue) at beginning of period;
2. Number of records requests received in the period by category;
3. Number of records requests closed in the period by category; and
4. Open records requests (queue) at end of period. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A). Formerly 2.50.060)
2.50.090 Costs of providing copies of public records.
A. The city of Sequim has determined that performing a study to calculate the actual costs of providing records is unduly burdensome. Therefore, the city has adopted the default fee schedule for providing public records as permitted by RCW 42.56.120 (as may be amended) and has followed the associated public hearing requirements.
B. The fees and costs for disclosure requests made under the Public Records Act are set forth in Chapter 3.68 SMC (Rates and Fees). For other disclosure requests, the city will comply with any applicable statute and reserves the right to waive collection of fees in some circumstances in the PRO’s sole discretion.
C. To the extent allowed by law, the PRO may respond to a request for records by directing a requester to an online repository rather than producing the record. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A). Formerly 2.50.070)
2.50.100 Resources devoted to public records disclosure.
A. The resources currently allocated to public disclosure responses are established as the initial level of effort necessary to ensure such tasks do not create excessive interference with essential city government functions.
B. The city council will annually determine and establish the level of effort to be devoted to public records disclosure and the amount of resources to be allocated. During the budget process, the city council will devote at least a portion of a public work session or council meeting specifically to public records response resource allocation before adopting the final budget.
C. The city council may reevaluate its determination as part of the mid-year budget adjustment and modify the resource allocation.
D. The city does not intend every employee to expend eight hours per month responding to records requests. For purposes of this chapter, city employees referenced in SMC 2.50.040(D)(1) do not constitute an allocation of resources available for other public records responses. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A). Formerly 2.50.080)
2.50.110 Severability.
To the extent any section or subsection of this chapter is ruled unlawful or illegal by a court of competent jurisdiction, the remaining portions of this chapter remain in full force and effect. (Ord. 2024-029 § 2 (Exh. B); Ord. 2017-022 § 1 (Exh. A). Formerly 2.50.090)