Chapter 1.75
ACCESS TO PUBLIC RECORDS
Sections:
1.75.020 Purpose.
1.75.030 Definitions – Adoption by reference.
1.75.040 Additional definitions.
1.75.080 Request for records.
1.75.100 Responses to requests.
1.75.150 Notification to third parties.
1.75.180 Review of preliminary decision to deny inspection or copying.
1.75.200 List of exemptions.
1.75.250 Charges for copying.
1.75.020 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 42.17 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. 4201, 1999.]
1.75.030 Definitions – Adoption by reference.
The definitions set forth in RCW 42.17.020 and 42.17.255, as presently adopted and as may be subsequently amended, are hereby adopted by reference, together with all amendments and additions provided in this chapter. A copy of each statute referenced is filed in the office of the city clerk and is available for use and examination by the public. [Ord. 4201, 1999.]
1.75.040 Additional definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meaning:
A. “City” includes city officers, employees or agents.
B. “Department” means a major functional division of the city's government; the following are city departments: community development, energy services, finance, fire, library/Hal Holmes Center, parks and recreation, police, and public works.
C. “Department head” means either the director of community development, director of energy services, finance director/treasurer, fire chief, library director, director of parks and recreation, police chief, or director of public works. The term also means, for purposes of this chapter only, the city attorney, as to the records of the mayor and city council, city manager and city attorney. The term includes persons who may be designated by the department head to perform functions contemplated by this chapter.
D. “Exempt public records” means all public records, or portions thereof, which are defined as being exempt from public inspection and copying by RCW 42.17.260, 42.17.310 and other provisions of the public records subdivision of Chapters 10.97 and 42.17 RCW. [Ord. 4201, 1999.]
1.75.080 Request for records.
A. 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 department having custody of such record, during the department's customary office hours. All requests for public records shall be documented by the requesting party on a form furnished by the city department, which shall include:
1. The name and address of the requesting party;
2. Information necessary to readily identify the public record requested;
3. The calendar date on which the request is made; and
4. If the record requested is or contains a list of individuals, an assurance the list will not be used for commercial purposes.
B. If the written request includes a request for copies, the requesting party must make a tender of payment according to the fee schedule established under this chapter. If there is uncertainty as to the amount required, the amount tendered should be based upon a minimum of 10 pages for a written document and one tape for an audiotape recording. In the event the actual cost of reproduction exceeds the amount tendered, the balance must be paid upon delivery of the requested copy or copies. In the event the amount tendered exceeds the actual cost, the excess balance shall be refunded at the time of delivery of the copy or copies. [Ord. 4201, 1999.]
1.75.100 Responses to requests.
Responses to requests for public records shall be made promptly by the city department head. Within five business days of receiving a public record request, the responding department must respond 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, 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, notify third persons or agencies affected by the request, 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 department head may ask the requesting party to clarify what information is being sought. If the requesting party fails to clarify the request, the department need not respond to it. Denials of requests must be accompanied by a written statement of the specific reasons for the denial. City review shall be deemed completed at the end of the second business day following the denial of the inspection and shall constitute final city action. [Ord. 4201, 1999.]
1.75.150 Notification to third parties.
When a request is made to examine or obtain copies of an identifiable public record that pertains to a named person or persons and the department head reasonably believes disclosure of that public record would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions, the department head may notify the person or persons believed to be so affected of the request. If the department head chooses to give notification, the notification shall be given either orally or in writing at least three business days prior to the intended time of disclosure. The notice shall include the nature of the request and the intended response to the request. [Ord. 4201, 1999.]
1.75.180 Review of preliminary decision to deny inspection or copying.
Whenever a department head preliminarily concludes that an identifiable record is exempt from disclosure but prior to denying a person the opportunity to inspect or obtain a copy of that record for that reason, he or she shall review the request and preliminary conclusion with the city attorney, after which a final determination shall be made as to whether to deny all or a portion of the request. The review with the city attorney shall occur in sufficient time to respond to the request as set forth in ECC 1.75.100. If, after review by the city attorney, it is determined the disclosure of the information requested should be denied in part or entirely, the justification for the deletion or withholding of information shall be explained fully in writing. [Ord. 4201, 1999.]
1.75.200 List of exemptions.
A. The public disclosure provisions of this chapter shall not apply to information the disclosure of which would violate a state law that exempts or prohibits disclosure or copying of specific information or records. In addition, the following records are also exempt from public inspection and copying:
1. Personal information in files maintained for employees, appointees, or elected officials of the city to the extent disclosure would violate their right to privacy;
2. Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (a) be prohibited to such persons by RCW 82.32.330, 84.08.210, 84.40.020, or 84.40.340, or (b) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer;
3. Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology departments, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy;
4. Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement and penology departments, if disclosure would endanger any person's life, physical safety, or property. If, at the time the complaint is filed, the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern;
5. Test questions, scoring keys, and other examination data used to administer a license, employment or civil service examination;
6. Except as provided by Chapter 8.26 RCW, the contents of real estate appraisals, made for or by the city relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal;
7. Valuable formulae, designs, drawings, and research data obtained by any department within five years of the request for disclosure when disclosure would produce private gain and public loss;
8. Preliminary drafts, notes, recommendations, and intra-city memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by the city in connection with any city action;
9. Records which are relevant to a controversy to which the city is a party but which records would not be available to another party under the rules of pre-trial discovery for causes pending in the superior court;
10. Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites;
11. Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of the library user;
12. All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant;
13. The residential addresses and residential telephone numbers of employees or volunteers of the city which are held by the city in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers;
14. The residential addresses and residential telephone numbers of the customers of a city utility contained in the records or lists held by the city utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal Social Security Act, for the establishment, enforcement or modification of a support order;
15. Information that identifies a person who, which a city employee: (a) seeks advice, under an informal process established by the city, in order to ascertain his or her rights in connection with a possible unfair practice under Chapter 49.60 RCW against the person; and (b) requests his or her identity or any identifying information not be disclosed;
16. Business-related information protected from public inspection and copying under RCW 15.86.110;
17. The license applications for concealed pistols under RCW 9.41.070; provided, copies of license applications or information on the applicants may be released to law enforcement or correction agencies;
18. Information revealing the identity of victims of sexual assault. Identifying information means the victim's name, address, location, photograph, and the relationship between the victim and the alleged perpetrator;
19. Plans and specifications of one competitor to another before the award of a contract; and
20. A public record that the Kittitas County superior court has found that access to would damage a person or vital government function.
B. Except for information described in subsection (A)(2)(a) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital government interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
C. The city attorney shall maintain a current list containing every law, other than those listed in the public records subdivision of Chapter 42.17 RCW, which are believed to exempt or prohibit disclosure of specific information or records of the city; provided, failure to list an exemption shall not affect the efficacy of any exemption. [Ord. 4201, 1999.]
1.75.250 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 recording reproduction: $10.00 per tape;
2. Photocopying per page (eight inches by 14 inches maximum): $0.15 per page;
3. Postage: actual cost.
C. 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 superior court or any other state or federal court, the cost of preparing the transcript shall be borne by the party filing the action. The party filing the action shall pay the city clerk the estimated cost of the preparation of the transcript, as estimated by the city clerk, including copying costs, and the city clerk shall thereafter make a provision for the preparation of the transcript. Should the actual cost incurred by the city exceed the amount deposited with the city clerk, the party making the 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, the credit due shall be reimbursed by the city to the party making the request. [Ord. 4201, 1999.]
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[Ord. 4028, 1996.]