Chapter 2.10
DISCLOSURE OF PUBLIC RECORDS
Sections:
2.10.010 Purpose.
2.10.050 Definitions—Adoption by reference.
2.10.100 Request for records.
2.10.150 Responses to requests.
2.10.175 Compilation/research not to be performed.
2.10.200 Exemptions.
2.10.250 Charges for copying.
2.10.300 Findings on order regarding public records index.
2.10.350 Order regarding public records index.
2.10.010 Purpose.
The purpose of this chapter is to provide for the administration of the requirements for public disclosure and availability of city records as provided in Chapter 42.56 RCW and to establish guidelines and procedures to assure appropriate records and information are made available to the public for inspection and copying. It shall be the city’s policy to assure access to public records and documents concerning the city’s government while maintaining the right of individuals to privacy. (Ord. 2213 § 1 (part), 2008).
2.10.050 Definitions—Adoption by reference.
The definitions set forth in RCW 42.56.010, as presently adopted and as may be subsequently amended, are hereby adopted by reference, together with all amendments and additions provided in this chapter. (Ord. 2213 § 1 (part), 2008).
2.10.100 Request for records.
Any person desiring to inspect or receive a copy of any identifiable public record of the city may make a written request to the city clerk, or his/her designee, during the department’s customary office hours, and on a form furnished by the city clerk, which shall include:
A. The name, address, phone number and signature of the requesting party;
B. Information necessary to readily identify the public record requested;
C. The calendar date on which the request is made; and
D. If the record requested is or contains a list of individuals, an assurance the list will not be used for commercial purposes per RCW 42.56.070(9). (Ord. 2213 § 1 (part), 2008).
2.10.150 Responses to requests.
Responses to requests for public records shall be made within five business days of receiving a public record request by either (A) providing the record, or (B) acknowledging that the department has received the request and providing a reasonable estimate of the time the department will require to respond to the request and approximate cost estimate, or (C) denying the public record request. Additional time required to respond to a request may be based upon the need to clarify the information request, locate and assemble the information requested, or determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the city clerk may ask the requesting party to clarify what information is being sought. Denials of requests must be accompanied by a written statement of the specific reasons for the denial. (Ord. 2213 § 1 (part), 2008).
2.10.175 Compilation/research not to be performed.
Written requests for inspection and copying of public records shall not be honored if such requests require city employees to compile information, perform research, require reformatting of data, or if the information requested to be inspected and copied consists of nonpublic records. (Ord. 2213 § 1 (part), 2008).
2.10.200 Exemptions.
Public records described in RCW 42.56.210 (Certain personal and other records exempt), 42.56.230 (Personal information), 42.56.240 (Investigative, law enforcement, and crime victims), 42.56.250 (Employment and licensing), 42.56.260 (Real estate appraisals), 42.56.270 (Financial, commercial, and proprietary information; expires June 30, 2008), 42.56.280 (Preliminary drafts, notes, recommendations, intra-agency memorandums), 42.56.290 (Agency party to controversy), 42.56.300 (Archaeological sites), 42.56.310 (Library records), 42.56.320 (Educational information), 42.56.330 (Public utilities and transportation), 42.56.390 (Emergency or transitional housing), 42.56.420 (Security), 42.56.430 (Fish and wildlife), 42.56.460 (Fireworks), and any other public records exempt from public inspection and copying by the laws of the state of Washington shall not be available for public inspection and copying; provided, however, when exempt portions of public records can be erased, excised or deleted, the remainder thereof shall be open to public inspection and copying. (Ord. 2213 § 1 (part), 2008).
2.10.250 Charges for copying.
A. No fee is charged for the location or inspection of public records.
B. Fees for copies of documents shall be as follows:
1. Audiotape or CD copying/recording reproduction shall be at a cost of ten dollars per tape/CD.
2. Photocopying per single-sided page for eight and one-half by eleven and eight and one-half by fourteen paper shall be at a cost of fifteen cents per page (after the first ten pages copied); and single-sided page for eleven by seventeen shall be considered two pages of eight and one-half by eleven and fees shall be charged accordingly; any larger sized copies will require outside the agency copying.
3. Outside copying: actual cost.
4. Postage: actual cost.
C. All fees shall be paid in full prior to release of the requested documents. (Ord. 2213 § 1 (part), 2008).
2.10.300 Findings on order regarding public records index.
A. The Revised Code of Washington (“RCW”) requires all cities and public agencies to maintain and make available a current index of all public records.
B. The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
C. When such an order is made, all indexes maintained by that city must be made available to provide identifying information on those records which are available for inspection and/or copying.
D. The city of Centralia is comprised of ten departments, their divisions and subdivisions, which maintain separate databases and/or record-keeping systems for the indexing of records and information.
E. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records.
F. The city will fully comply with the provisions of the RCW as they relate to the Public Disclosure Act, under Chapter 42.56 RCW. (Ord. 2213 § 1 (part), 2008).
2.10.350 Order regarding public records index.
Based upon the findings set forth in CMC 2.10.300, and pursuant to RCW 42.56.070(4)(a), the city council orders the following:
A. The city of Centralia is not required to maintain an all-inclusive index of public records, due to findings of the city council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain.
B. The city of Centralia shall make available all public records and any indexes created for internal use upon request by any citizen. Said indexes shall be maintained and released in order to obtain those records which are public and not protected by the exemption portion of the statutes, namely Chapter 42.56 RCW. (Ord. 2213 § 1 (part), 2008).