Chapter 2.44
PUBLIC RECORDS
Sections:
2.44.030 Information exempt from public inspection.
2.44.050 Payment of verbatim written transcript.
2.44.060 Disclosure prohibited.
2.44.070 Access to records as a matter of right.
2.44.080 Closing abandoned requests.
2.44.090 Denial of request due to exemption.
2.44.010 Request for records.
A. All persons desiring to inspect or receive a copy of any public record of the city must make their request to the city clerk-treasurer, or his/her designee, on forms specified by the city clerk-treasurer.
B. Any reference herein to “city clerk” means and includes the city clerk-treasurer and his or her designee.
C. A public records request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records. A variety of public records are available on the city’s website at www.cityofasotin.org. Requesters are encouraged to view the public records currently available on the website at no charge prior to submitting a records request.
1. Requesters are encouraged to use the applicable public records request forms available at the offices identified below or in the public records center located on the city of Asotin’s website (www.cityofasotin.org). Requests may be made in person, in writing by mail, or electronically (see subsection (C)(4) of this section). The city does not accept public records requests submitted by telephone.
2. The request should include the following information:
a. The date and time of the request;
b. Name, mailing address, telephone number and email address of requester;
c. Adequate identification of the public record(s) being requested;
d. Whether the requester is seeking to inspect the record(s) or if copies are being requested.
3. Requests submitted by mail will be deemed received on the date received by the city. Requests submitted electronically after the close of business will be deemed received on the next business day.
4. Request by Record Type – Where to Submit. Requests to inspect or copy general records of the city are made to the city clerk’s office:
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In Person: |
Asotin City Hall 121 Cleveland Street Asotin, WA |
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By Mail: ATTN: |
City Clerk P.O. Box 517 Asotin, WA 99402 |
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Online: www.cityofasotin.org (to submit electronically) |
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cityclerk@cityofasotin.org |
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See Exhibit “A” attached to the ordinance codified in this chapter. |
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(Ord. 20-852 § 1, 2021; Ord. 93-464 §§ 1, 8, 1993).
2.44.020 Response to request.
A. Responses to requests for records will be made within five business days. If the request is for a record maintained or indexed other than in the clerk’s office the requester will be advised that their request has been forwarded to the appropriate department. All assistance necessary to help the requester shall be provided either by an employee of the city clerk’s office or of the particular department. The giving of such assistance shall not unreasonably disrupt the operation of the city or the other duties of assisting employees. If the written request includes a request for copies, a payment in accordance with the city’s fee schedule shall be paid. See Exhibits “B” and “C” of the ordinance codified in this chapter.
B. Acknowledge Receipt of Requests.
1. Within five business days of receipt of a request, the city will respond by doing one or more of the following:
a. Making the record(s) available, in whole or in part, for inspection or copying;
b. Acknowledging the request and providing a reasonable estimate of time required by the city to respond to the request;
c. Acknowledging the request and asking the requester to provide clarification for a request that is unclear, and providing, to the greatest extent possible, a reasonable estimate of time necessary to respond to the request if it is not clarified; or
d. Denying the request, in whole or in part, and providing the legal basis for such denial.
e. In computing time, the day on which the request is received does not count as one of the five business days. Holidays and weekends are also excluded from the calculation of time. RCW 1.12.040.
2. Clarification. If, after clarification is requested by the city on a request that is wholly unclear, a requester fails to provide the requested clarification or fails to describe an identifiable public record with adequate specificity such that it can be located, the city will deem the request abandoned and withdrawn, and will take no further action. Clarification must be received within 10 calendar days of the date the request for clarification is sent by the city.
3. Duplicate Requests – Different Time Frame. When a requester makes multiple public records requests for the same identifiable records but for different time frames, the city may, in the city’s discretion, combine the requests into one public records request.
4. Third Party Notice. In the event the requested record(s) contain information that may affect the rights of other persons of interest and/or may be exempt from disclosure, the city may, prior to providing the records, give notice to such other persons of interest whose rights may be affected by disclosure. The notice shall include a complete copy of the public records request. Third parties shall be given 20 business days to obtain and provide to the city an order from the court preventing or limiting disclosure.
5. Records Exempt from Public Disclosure. The city shall make available for public inspection and copying all public records, unless the record or specific information contained within the record is exempt or prohibited from disclosure by state or federal law. If any record, in whole or in part, is determined to be exempt from disclosure, the city shall provide the requester with a written statement of the specific exemption authorizing the withholding of the record, in whole or in part, and shall provide a brief explanation of how the exemption applies to the record, or a portion thereof, withheld. RCW 42.56.070.
C. Whenever a member of the public has requested to inspect an identifiable public record and that request has been denied, such a person may submit a written request and have such denial reviewed by the mayor. The review of the denial by the mayor shall be as prompt as possible.
D. Providing Records in Installment. When a request is for a large number of records, or records that require extensive review prior to disclosure, the city may make the records available on an installment basis.
1. If the city elects to make records available on a partial or installment basis, the city may charge for each installment of the request as it is provided. RCW 42.56.120.
2. If, within 15 business days of written notice that records are available for release or inspection, the requester fails to inspect or pay for the records, the city will consider the request abandoned. The city will discontinue fulfilling the balance of the request. (Ord. 20-852 § 1, 2021; Ord. 93-464 § 2, 1993).
2.44.030 Information exempt from public inspection.
The following shall be exempt from public inspection and copying:
A. The city shall make available for public inspection and copying all public records, unless the record or specific information contained within the record is exempt or prohibited from disclosure by state or federal law. If any record, in whole or in part, is determined to be exempt from disclosure, the city shall provide the requester with a written statement of the specific exemption authorizing the withholding of the record, in whole or in part, and shall provide a brief explanation of how the exemption applies to the record, or a portion thereof, withheld. RCW 42.56.070.
1. The Public Records Act provides that a number of types of records are exempt from public inspection and copying. See RCW 42.56.210 through 42.56.630;
2. Other statutes outside the Public Records Act may also prohibit or exempt disclosure of certain records or information. RCW 42.56.070(1). A current list of other statutes that prohibit or exempt disclosure is incorporated into Exhibit “E,” as attached to the ordinance codified in this chapter, and may be updated from time to time. The city’s failure to list all possible bases for exemption in Exhibit “E” shall not affect the city’s ability to rely on such an exemption;
3. By law, the city is prohibited from disclosing lists of individuals requested for commercial purposes. RCW 42.56.070(9);
B. Personal information and any files maintained for prisoners;
C. Personal information and any files maintained for city employees, appointees or elected officials to the extent the disclosure would violate their right to privacy;
D. Information required of any taxpayer or city license holder in connection with the assessment or collection of any tax or license fee if the disclosure of the information to other persons would violate the taxpayer or licensee’s right to privacy or would result in unfair competitive disadvantage to such taxpayer or licensee;
E. Specific intelligence information and specific investigative files compiled by investigative, law enforcement and penology agencies and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy;
F. Information revealing the identity of persons who file complaints with investigative, law enforcement or penology agencies, if disclosure would endanger any person’s life, physical safety or property, or if the complainant has indicated a desire for nondisclosure;
G. Test questions, scoring keys and other examination data used to administer license, employment or civil service examinations;
H. Except as provided by Chapter 8.26 RCW, the contents of any real estate appraisals made for or by any agency, including the city, relative to the acquisition of property by the city until the project is abandoned or until such time as all of the property has been acquired, but in no event shall disclosure be denied for more than three years after the date of the appraisal;
I. Valuable formulas, designs, drawings and research data obtained or produced by the city, its officers, employees and agents within five years of any request for disclosure thereof, when disclosure would produce private gain and public loss;
J. Preliminary drafts, notes, recommendations and intra-agency memorandums in which opinions are expressed or policies formulated or recommended, except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action;
K. Records which are relevant to a controversy to which the city or any of its officers, employees or agents is a party, but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts;
L. Any library record which could disclose the identity of a user of library materials;
M. Lists of individuals requested for commercial purposes;
N. Any public record access which the Asotin County superior court has found would damage any person or vital governmental function;
O. Residence addresses and telephone numbers of city employees or volunteers;
P. Applications for employment, including name of applicant, resume and other related material submitted with respect to an applicant.
The exemptions of this section shall be inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption shall be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons. See Exhibit “E,” attached to the ordinance codified in this chapter, for additional exemptions and prohibition statutes not listed in Chapter 42.56 RCW. The exemptions may be, but are not limited to, the list under this exhibit. (Ord. 20-852 § 1, 2021; Ord. 93-464 § 3, 1993).
2.44.040 Record copy charge.
A. The city finds that calculating the actual costs associated with providing public records is unduly burdensome for the following reasons: (1) quantifying certain necessary resources (ink, electricity, “wear and tear” on equipment) is inherently difficult; (2) funds were not allocated for performing a study to calculate actual costs, and the city’s established priorities do not include funding for this particular effort; (3) staff resources are insufficient to perform a study and to calculate actual costs; and (4) a study would interfere with and disrupt essential city functions.
B. Fees are consistent with the amounts established by state law. The city may also charge for the actual cost of any digital storage media or device, the actual cost of any container or envelope used for mailing, and the actual cost of postage or delivery charges. No fee shall be charged for the inspection of public records or for locating public records and making them available for inspection. Payment of fees assessed is required prior to release of records. RCW 42.56.120.
C. The city may impose a customized service charge if the city determines that the records request requires the use of information technology expertise to prepare data compilations, or provide customized electronic access services when such compilations and customized access services are not used by the city for other agency purposes. Requesters will be notified in advance of the estimated cost, along with an explanation of why the customized service charge applies and a description of the specific expertise required, so that the request may be amended to avoid or reduce cost, if desired.
D. The city may require a deposit of up to 10 percent of the estimated cost of providing records as provided herein, to include customized service charges, if any. (Ord. 20-852 § 1, 2021; Ord. 93-464 § 4, 1993).
2.44.050 Payment of verbatim written transcript.
A. Whenever the city is required to prepare a verbatim written transcript of any proceeding of the city in response to a writ of review or other action filed in the superior court or any other state or federal court, the cost of preparing the same shall be borne by the party filing the action. The party filing such action shall pay to the city clerk-treasurer the estimated cost of the preparation of the transcript (as established by the city clerk-treasurer), including copying costs, and the city clerk-treasurer shall thereafter make a provision for the preparation of the transcript.
B. Should the actual cost incurred by the city in preparation of the transcript exceed the amount deposited with the city clerk-treasurer, the party making such deposit shall be required to reimburse the city for such additional amount within 10 days of notification that such amount is due or prior to the time the transcript is required to be filed with the court, whichever occurs first. Should the actual cost incurred by the city be less than the estimated cost deposited, such credit due shall be reimbursed by the city to the party making the deposit. (Ord. 20-852 § 1, 2021; Ord. 93-464 § 6, 1993. Formerly 2.44.060).
2.44.060 Disclosure prohibited.
The city shall not be required to permit public inspection and/or copying of any record to the extent public disclosure is prohibited, restricted or limited by state or federal laws. (Ord. 20-852 § 1, 2021; Ord. 93-464 § 7, 1993. Formerly 2.44.070).
2.44.070 Access to records as a matter of right.
Under state and federal law, certain entities and/or individuals are granted access to certain records held by the city of Asotin as a matter of right. When an individual and/or an entity wishes to exercise a statutory right to access records held by the city of Asotin, that request is made outside the scope of the Washington State Public Records Act, Chapter 42.56 RCW. Such requests should be submitted via email to the city clerk at: cityclerk@cityofasotin.org.
Note: All requesters are required to provide sufficient proof of identity and submit all requested documentation, if any, before records will be released.
A. Vehicle Accident Reports. Attorneys, insurance companies, law enforcement agencies, and involved parties (driver, parent/legal guardians of minor driver, injured persons, owners of vehicles or property damaged in the accident, or any authorized representative of such an interested party) are allowed access to accident reports. RCW 46.52.080. If you are seeking to obtain a vehicle accident report held by the Asotin police department and you are an involved party, a designated representative, or a law enforcement agency, please submit your request to: cityclerk@cityofasotin.org.
B. Fire Reports. Law enforcement agencies investigating fire events, and insurance companies who insure property damaged by fire, are authorized to receive fire reports prepared by the Asotin fire department. See RCW 43.44.050 and RCW 48.50.055. If you are a law enforcement agency or an insurance company seeking to obtain a fire report regarding a particular property, please submit your request to: cityclerk@cityofasotin.org.
C. EMS Medical Records.
1. Patient Access. Patients who receive medical treatment from the Asotin fire department EMTs and paramedics are authorized to receive unredacted copies of their protected health information upon proof of identity and signature of a consent form. RCW 70.02.030; 45 CFR § 164.524.
2. Law Enforcement Access. Law enforcement agencies are authorized to access unredacted copies of an individual’s protected health information upon presentation of a warrant or a court order, or may receive certain portions of an individual’s protected health information under certain exigent circumstances and in the absence of a warrant or a court order. See RCW 70.02.050(c); 45 CFR § 164.512.
If you are a patient, a patient’s attorney, or a law enforcement agency seeking to obtain protected health information maintained by the Asotin fire department, please submit your request to: cityclerk@cityofasotin.org.
D. Personnel Records. Current and former employees (within two years) may review their personnel files on an annual basis. RCW 49.12.240. If you are a current or former employee (within the past two years) seeking to review your personnel file, please submit your request to: cityclerk@cityofasotin.org.
E. Juvenile Records (Criminal). Records related to the criminal conduct of alleged or convicted juvenile offenders, aside from those found in the official court file, are confidential under state law. Juvenile offenders and/or their attorneys seeking to receive unredacted copies of police reports involving alleged criminal conduct should request those documents from the prosecuting authority. RCW 13.50.050(6). Victim(s), immediate family members of victim(s), and juvenile justice or care agencies conducting investigations involving alleged or convicted juvenile offenders may access juvenile offender records maintained by the Asotin police department. If you are a victim, an immediate family member of a victim, or a juvenile justice or care agency (including law enforcement) seeking juvenile offender records, please submit your request to: cityclerk@cityofasotin.org.
F. Adult Criminal History Records (Rap Sheets). Law enforcement agencies have broad access to adult criminal conviction data and adult criminal history records that contain nonconviction data. RCW 10.97.050. Individuals to whom the records specifically pertain are authorized to inspect criminal history records maintained by the Asotin police department. RCW 10.97.080. If you are a law enforcement agency seeking access to adult criminal history records, or an individual seeking to review a criminal history record that pertains specifically to you, please submit your request to: cityclerk@cityofasotin.org.
G. Vulnerable Adults and Mandatory Reporters. The Department of Social and Health Services (DSHS) and/or any law enforcement agency investigating abandonment, abuse, financial exploitation, self-neglect, or neglect of a vulnerable adult are, upon request, authorized to access all relevant records related to the vulnerable adult that are in the possession of mandated reporters and their employees. RCW 74.34.035(10). Law enforcement officers, EMTs and paramedics employed by the city of Asotin are mandatory reporters under Washington law. RCW 74.34.020(13). If you are DSHS or a law enforcement agency seeking records related to an investigation into alleged abuse of a vulnerable adult, please submit your request to: cityclerk@cityofasotin.org.
Staff shall review each request submitted to ensure that it falls within an existing statutory right prior to release of any records. The city attorney retains the right to determine whether one or more of the above-referenced statutory provisions have been met such that records should be released. Nothing contained herein shall be construed as legal advice, nor does this document create any right or expectation to receive or inspect records maintained by the city of Asotin. (Ord. 20-852 § 1, 2021).
2.44.080 Closing abandoned requests.
If the requester withdraws the request, fails to clarify a request when asked, or fails to timely inspect or pay for the records requested, the city will close the request and notify the requester that the request has been closed and that no further action will be taken. Closure of the request and the circumstances that led to closure will be documented. RCW 42.56.120. (Ord. 20-852 § 1, 2021).
2.44.090 Denial of request due to exemption.
All denials of requests for public records will be accompanied by a redaction/exemption log that identifies the record(s) at issue, explains the legal basis for the denial, and gives a brief explanation of how the exemption applies to the record(s) withheld. RCW 42.56.210(3).
DENIAL OF REQUEST FOR ACCESS
The City of Asotin has this date received the request of _________ for access to a public record. In response to this request, the City is refusing to allow inspection of copying of __________ (identify public record). This material is withheld pursuant to RCW 42.217.310, Section _________. Give brief explanation of how exemption applies to the record withhold _________. These exemptions authorize the withholding of specific portions of the public record. The public record to which access was requested is exempt from disclosure requirements. Therefore, the request for access to the above-described record is denied.
CERTIFICATION
I certify under penalty of perjury that on ____________ I hand delivered/mailed to ____________ at ___________ the Denial of Request of access document on which this certification appears.
__________ _____________________ Date Signed Agent for the City of Asotin
(Ord. 20-852 § 1, 2021).