Chapter 2.48
PUBLIC RECORDS

Sections:

2.48.010    Availability to public--Required.

2.48.020    Public records officer.

2.48.030    Hours for inspection and copying.

2.48.040    Request--Procedure.

2.48.050    Charges.

2.48.055    Audio recordings of Town meetings and hearings--Fees for copies.

2.48.060    Exempt records.

2.48.070    Review of request denial.

2.48.080    Index not maintained.

2.48.010 Availability to public--Required.

All public records of the Town, as defined in RCW 42.17.010 et seq., are available for public inspection and copying pursuant to this chapter, except as otherwise provided by RCW 42.17.310 and Section 2.48.060.  (Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 228 § 1, 1989)

2.48.020 Public records officer.

The Town Clerk-Treasurer shall be in charge of the Town’s public records.  The Clerk-Treasurer shall be responsible for the implementation of the Town’s rules regarding release of public records.  (Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 228 § 2, 1989)

2.48.030 Hours for inspection and copying.

Public records shall be available for inspection and copying during office hours.  (Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 08-495 § 1, 2008:  Ord. 228 § 3, 1989)

2.48.040 Request--Procedure.

In accordance with requirements of Chapter 42.17 RCW so that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:

A.    The request shall be presented to the Clerk-Treasurer at the office of the Town Hall.

B.    The request shall include the following information:

1.    The name of the person requesting the record;

2.    The time of day and calendar date on which the request was made;

3.    The nature of the request;

4.    An appropriate description of the record requested.  (Ord. 17-583 § 1, 2017; Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 228 § 4, 1989)

2.48.050 Charges.

No fee shall be charged for the inspection of public records.  The Town shall charge a fee for providing paper or electronic copies of public records in accordance with the fee schedule authorized in Section 3.32.010.  (Ord. 17-583 § 2, 2017:  Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 08-495 § 2, 2008:  Ord. 04-431 § 1, 2004:  Ord. 228 § 5, 1989)

2.48.055 Audio recordings of Town meetings and hearings--Fees for copies.

The Town shall charge a fee as set forth in Section 3.32.010 for copies of audio recordings of Town meetings and hearings.  (Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 08-495 § 3, 2008:  Ord. 04-431 § 2, 2004:  Ord. 99-366 § 1, 1999)

2.48.060 Exempt records.

A.    The Mayor reserves the right to determine that a public record requested in accordance with the procedures outlined in Section 2.48.040 is exempt under the provisions of RCW 42.17.310.

B.    In addition, pursuant to RCW 42.17.260, the Town reserves the right to delete identifying details when it makes available or publishes any public record, in any case when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by Chapter 42.17 RCW.  The Clerk-Treasurer will fully justify such deletion in writing.

C.    All denials of requests for public records must be accompanied by a written statement specifying the reasons for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.  (Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 228 § 6, 1989)

2.48.070 Review of request denial.

A.    Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review.  The written request shall specifically refer to the written statement by the Clerk-Treasurer which constituted or accompanied the denial.

B.    Immediately after receiving a written request for review of a decision denying a public record, the Clerk-Treasurer denying the request shall refer it to the Mayor.  The Mayor shall immediately consider the matter and either affirm or reverse such denial.  In any case, the request shall be returned with a final decision as required by law.

C.    Administrative remedies shall not be considered exhausted until the Town has returned the petition with a decision or until the close of the second business day following denial of inspection, whichever occurs first.  (Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 228 § 7, 1989)

2.48.080 Index not maintained.

Compliance with RCW 42.17.260(2), regarding the maintenance of an index to the Town’s records, is deemed to be unduly burdensome to the Town and unnecessary to assist members of the public in locating records of which inspection or copying is sought.  (Ord. 17-578 § 1 (Exh. B (part)), 2017:  Ord. 228 § 8, 1989)