Chapter 2.48
CITY RECORDS
Sections:
2.48.010 Definitions.
2.48.020 City records declared public property.
2.48.100 Policy of the city.
2.48.110 City records subject to inspection and copying.
2.48.120 Exceptions to inspection and copying of city records.
2.48.130 City records related to litigation.
2.48.140 Request for city records—Response by city agency.
2.48.150 Fees for city record requests.
2.48.010 Definitions.
The following words and phrases, when used in this chapter, shall have the meanings set forth in this section:
“City agency” means any department, division, office, board, commission, or other instrumentality of the city.
“City record” means any book, paper, file, account, writing, including drafts and memorializations of conversations, or other item, regardless of format or physical characteristics, that is developed or received by a city agency or by a private contractor for a city agency, and that is preserved for its informational value or as evidence of the organization or operation of the city agency; “city record” does not include a proprietary software program.
“Confidential information” means information whose disclosure is restricted by a city, state or federal statute, ordinance, regulation, rule or judicial decision.
“Litigation” or “involved in litigation” means a party to litigation or representing a party to litigation, including obtaining city records for the party.
“Requester” means a person who requests to inspect or obtain a copy of a city record. (Ord. 06-33 § 2, 2006: prior code § 2.76.010)
2.48.020 City records declared public property.
A. All city records are property of the city. Unless otherwise permitted or required by law, no person may:
1. Deface, alter or destroy a city record;
2. Remove a city record from the city’s possession;
3. Disclose confidential information in a city record; or
4. Except for a city officer or employee in the course of performing official duties, inspect or copy confidential information in a city record.
B. In addition to any other penalty provided by law, violation of subsection A of this section by a city employee may be cause for disciplinary action.
C. The city may initiate a civil action to recover a city record that unlawfully has been removed from the city’s possession. (Ord. 06-33 § 3, 2006: prior code § 2.76.020)
2.48.100 Policy of the city.
It is the policy of the city to provide access to city records to serve the interest of the public in being informed about the business and affairs of the city. The purpose of Sections 2.48.110 through 2.48.150 is to carry out that policy, while avoiding unwarranted invasions of personal privacy and recognizing the public interest in confidentially in limited areas of city affairs. Sections 2.48.100 through 2.48.150 shall be construed to require disclosure of all city records except those specifically exempted under Sections 2.48.120 and 2.48.130. (Ord. 06-33 § 4, 2006)
2.48.110 City records subject to inspection and copying.
A. Except as provided in Sections 2.48.120 and 2.48.130 or by other provisions of city, state or federal law, a city agency shall make city records open to inspection during regular business hours by any person and provide copies of requested city records, subject to reasonable restrictions regarding the place and manner of inspection and the payment of any fee that is applicable under Section 2.48.150.
B. Nothing in this chapter requires the city to create city records, or to compile, summarize, outline or in any other way create information from existing city records, at the request of a member of the public.
C. The city is not required to produce city records for inspection, or to copy city records, in the exact form or medium in which they are stored; provided, that any alteration of the form or medium of a city record shall not change the substantive content of the information contained in the city record. (Ord. 06-33 § 5, 2006)
2.48.120 Exceptions to inspection and copying of city records.
A. The following city records are not subject to inspection or copying under this chapter:
1. City personnel records that are confidential under Section 3.90.020.
2. Records pertaining to juveniles unless disclosure is authorized by law.
3. Medical and related public health records.
4. Records required to be kept confidential by a federal law or regulation, or by state law or this code.
5. Records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information:
a. Could reasonably be expected to interfere with enforcement proceedings;
b. Would deprive a person of a right to a fair trial or an impartial adjudication;
c. Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
d. Could reasonably be expected to disclose the identity of a confidential source;
e. Would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
f. Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
g. Could reasonably be expected to endanger the life or physical safety of an individual.
6. City records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature, if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it.
7. Records or information pertaining to a plan, program or procedures for establishing, maintaining, or restoring security in the city, or to a detailed description or evaluation of systems, facilities, or infrastructure in the city, but only to the extent that the production of the records or information:
a. Could reasonably be expected to interfere with the implementation or enforcement of the security plan, program or procedures;
b. Would disclose confidential guidelines for investigations or enforcement and the disclosure could reasonably be expected to risk circumvention of the law; or
c. Could reasonably be expected to endanger the life or physical safety of an individual or to present a real and substantial risk to the public health and welfare.
8. Bids or proposals solicited for a city procurement, until a final contract award has been made.
9. Trade secrets and commercial or financial information whose disclosure would be likely to cause substantial harm to the competitive position of the person from whom the information was obtained.
10. The name, address, or other personal identifying information of a person who has used materials made available to the public by the city library. (Ord. 06-33 § 6, 2006)
2.48.130 City records related to litigation.
A city record that is subject to disclosure and copying under this chapter remains a city record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings involving a city agency, except that, with respect to a person involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication. (Ord. 06-33 § 7, 2006)
2.48.140 Request for city records—Response by city agency.
A. A requester shall submit a written request to inspect or obtain a copy of a city record to the city agency that is the custodian of the city record. Where required under Section 2.48.150, the request shall be accompanied by the applicable fee.
B. A city agency that receives a request to inspect or provide a copy of a city record shall respond as follows:
1. If the city record is subject to inspection under this chapter and is readily available, the city agency may permit the requester to inspect the city record, and provide the requester with a copy of the city record, at the time the request is made.
2. If the requested city record is subject to inspection under this chapter but either the city record is not immediately available, or staff resources of the city agency are not sufficient to respond to the request when it is made, the city agency shall provide the city record for inspection or provide a copy of the record as requested within ten (10) business days after receiving the request.
3. If the city agency must determine whether the city record is subject to inspection under this chapter, within ten (10) business days after receiving the request, the city agency shall make that determination, and at that time either:
a. Provide the city record for inspection or provide a copy of the record as requested; or
b. State in writing that the city record is not subject to inspection, including a citation to the provision of city, state or federal law that authorizes or requires the withholding of the city record from inspection.
C. The city agency may extend the initial ten- (10-) business-day period established under subsection B of this section for a period not to exceed ten (10) additional business days by providing notice to the requester within the initial ten- (10-) business-day period. The notice must state the reason for the extension and the date by which the city agency expects to be able to furnish the requested record or to issue a determination that the record is not subject to disclosure. (Ord. 06-33 § 8, 2006)
2.48.150 Fees for city record requests.
A. The mayor from time to time shall establish the standard unit cost of copying city records under this chapter. The fee for copying a city record may not exceed the standard unit cost.
B. If the city personnel time required to produce city records for one requester in a calendar month exceeds five person-hours, the requester shall pay the city agency for the personnel costs required during the month to complete the search and copying tasks. The personnel costs may not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester shall pay a deposit to the city agency before the search is performed and shall pay the fee in full before the records are disclosed. (Ord. 06-33 § 9, 2006)