Chapter 2.35
PUBLIC RECORDS
Sections:
2.35.010 Authority and purpose.
2.35.020 Scope of rules authorized.
2.35.040 Employee responsibility.
2.35.050 Categories of requests and standard response time.
2.35.060 Reimbursement for copying costs.
2.35.010 Authority and purpose.
A. The Washington State Public Records Act (Act), Chapter 42.56 RCW, requires the city of Shoreline (city) to make available for inspection and copying public records in accordance with the city’s published rules. The Act defines “public record” as any “writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained” regardless of physical form or characteristics.
B. The city manager is authorized to establish a Public Records Act policy to adopt reasonable rules, consistent with the intent of the Act and the Model Rules in Chapter 44-14 WAC, that provide the public full access to public records with “fullest assistance” to requestors and the “most timely possible action on requests,” while protecting public records from damage and disorganization, preventing excessive interference with other essential functions of the city, and withholding certain public records from disclosure subject to various legal exemptions. [Ord. 742 § 1 (Exh. A), 2016; Ord. 435 § 1, 2006; Ord. 47 § 1, 1995]
2.35.020 Scope of rules authorized.
As required by the Act, the city has separately established a Public Records Act policy (policy) establishing reasonable rules for requesting public records and responding to requests for public records. The policy will contain:
A. An agency description, the designation of a public records officer (officer), the officer’s contact information, the hours and location for inspection of public records and the officer’s responsibilities under the Public Records Act.
B. The procedure for making, responding to, inspecting and copying records requests; protecting records from damage or disorganization; preventing excess interference with Shoreline’s other essential functions; protecting the rights of others; providing “fullest assistance” to requestors and the “most timely possible action on requests.”
C. The policy is posted on the city’s website at www.shorelinewa.gov/pdr. [Ord. 742 § 1 (Exh. A), 2016; Ord. 47 § 2, 1995]
2.35.030 Records index.
A. The Act requires the city to maintain and make available a current index of certain public records. However, the Act also provides that if maintaining such an index would be unduly burdensome, or would interfere with government operation, a city need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
B. All substantive and procedural rules of general applicability, including but not limited to ordinances and resolutions of the city council, minutes of the regular meetings of the city council, and statements of general policy, and all public contracts, deeds, easements and leases shall be indexed and maintained in the city clerk’s office for the use of the city and of the general public. The following indices are also available on the city of Shoreline website, on the city clerk’s page:
1. Final opinions.
2. City policies.
3. Planning policies and goals and interim and final planning decisions.
4. Staff reports and city council minutes from 2000 to present.
The indices for the following are not published as to do so would be unduly burdensome:
1. Factual staff studies, factual consultant reports and studies, scientific reports and studies and other factual information derived from tests, studies, reports or surveys.
2. Correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of the state government, or of any private party.
Pursuant to RCW 42.56.070(4)(a) the records in this subsection B are not maintained because the city has eight departments and each department produces its own factual and scientific reports and studies and their own consultants’ reports and studies. Each department also manages its own regulatory/supervisory/enforcement correspondence. Creating an index of reports and studies and of regulatory/supervisory/enforcement correspondence and maintaining the indices would take an inordinate amount of agency time, interfering with agency day-to-day operations. [Ord. 742 § 1 (Exh. A), 2016; Ord. 435 § 2, 2006; Ord. 47 § 3, 1995]
2.35.040 Employee responsibility.
A. All city employees are responsible for assisting in identifying responsive records and facilitating thorough collection of records.
B. The city will comply with the training requirements in the Open Government Training Act, RCW 42.56.150 and 42.56.152. [Ord. 742 § 1 (Exh. A), 2016; Ord. 435 § 2, 2006; Ord. 49 § 1, 1995; Ord. 47 § 4, 1995]
2.35.050 Categories of requests and standard response time.
A. When the city receives a public record request it will be categorized according to its scope, the volume of public records being requested, the effort necessary to conduct an adequate search, and the need for redacting exempt information.
B. The city must make public records available promptly when requested under the Act. If records cannot be made available within five business days, the Act requires a written response to the requestor. The city may acknowledge receipt and provide a reasonable estimate of the time necessary to make the record available. The policy shall establish estimates for standard response periods for each records request category. [Ord. 742 § 1 (Exh. A), 2016]
2.35.060 Reimbursement for copying costs.
A. A requester may obtain paper copies or electronic scans of public records under RCW 42.56.120; the city will charge for these according to the public records fee schedule established by resolution of the city council pursuant to Chapter 3.01 SMC. [Ord. 920 § 2 (Exh. B), 2021; Ord. 742 § 1 (Exh. A), 2016; Ord. 435 § 5, 2006; Ord. 47 § 7, 1995. Formerly 2.35.070]
2.35.070 Exemptions.
A. The Act provides that a number of documents and information are exempt from public inspection and copying. These exemptions are found in RCW 42.56.210 through 42.56.480. In addition to exemptions found in Chapter 42.56 RCW, other statutes outside of the Act may prohibit disclosure of specific information or records. [Ord. 742 § 1 (Exh. A), 2016; Ord. 435 § 3, 2006; Ord. 47 § 5, 1995. Formerly 2.35.050]