Chapter 1.05
PUBLIC RECORDS

Sections:

1.05.010    Public records administration – Policy.

1.05.020    Cost of providing public records.

1.05.030    Index of public records not maintained.

1.05.040    –

1.05.160    Repealed.

1.05.010 Public records administration – Policy.

The Public Records Act, currently codified at Chapter 42.56 RCW, requires public agencies to make identifiable, nonexempt public records available for inspection and copying upon request, and to publish rules of procedure to inform the public how access to public records will be accomplished. Flexibility to amend these rules of procedure is necessary to ensure the city is able to readily conform to frequent changes in the law. Therefore, in accordance with the Public Records Act and Chapter 2.76 KCC, the mayor is hereby authorized to establish and publish those policies and procedures that will apply within the city of Kent to the submitting, processing, and responding to requests for public records under the Public Records Act. These rules of procedure should aim to provide fullest assistance to requestors and timely action on requests, while also protecting public records from damage or disorganization and preventing excess interference with other essential city functions. The current version of this policy shall be available to the public on the city’s website.

(Ord. No. 3799, § 2, 5-16-06; Ord. No. 4155, § 1, 6-2-15)

1.05.020 Cost of providing public records.

In establishing the rules of procedure applicable to public records requests under KCC 1.05.010, the mayor is further authorized to establish and amend as necessary the fee schedule applicable to the costs of copying or otherwise providing public records to requesters to the fullest extent authorized by law.

(Ord. No. 4155, § 1, 6-2-15)

1.05.030 Index of public records not maintained.

A. In general. The Public Records Act requires all cities and public agencies maintain and make available a current index of certain public records. However, the Public Records Act also provides that if maintaining such an index would be unduly burdensome, or would interfere with government operation, a city need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.

B. Findings. The city of Kent is comprised of numerous departments and offices, and each department or office consists of multiple subdivisions. Each individual subdivision performs a unique public service, may utilize and produce multiple forms of “writings,” as that term is defined in the Public Records Act, and may maintain and organize these writings in several formats and in varying filing systems. Thousands of writings are produced or utilized each day by these subdivisions and may include paper records, computer files, photographs, audio recordings, video recordings, etc. Further complicating the ability to maintain a central index of records, many subdivisions of the city are physically located at various places throughout the city. As such, it is unduly burdensome, if not impossible, and would detract from the purpose of providing essential services to the citizens of Kent, to maintain a current index of public records.

C. Declaration and order. Based upon the findings set forth in subsection (B) of this section, the city council declares that it is unduly burdensome to maintain a central index of the records required by RCW 42.56.070 and, as allowed by that statute, formally orders that such an index not be maintained, so long as all indexes that are maintained for city use are available for review and copying in conformity with applicable law.

(Ord. No. 3799, § 2, 5-16-06; Ord. No. 4155, § 1, 6-2-15. Formerly 1.05.050)

1.05.040 Records subject to disclosure.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.060 Form and manner of request for public records.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.070 Submittal of a request for public records – Designation of public records officer.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.080 Initial response to request.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.090 Supplemental response to request – Additional time – Clarification.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.100 Disclosure of records – Process.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.110 Final response to request.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.120 Copying and delivering – Costs.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.130 Deposit for copying.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.140 Payment of required fees.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.150 Failure to pay required costs.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)

1.05.160 Denial of request – Appeal.

Repealed by Ord. No. 4155.

(Ord. No. 3799, § 2, 5-16-06)