Chapter 2.92
PUBLIC RECORDS
Sections:
2.92.010 Relationship to Public Records Act.
2.92.020 Public records officer.
2.92.030 Maintenance of records.
2.92.040 Index of public records—Findings.
2.92.050 Index of public records—Order.
2.92.060 Disclosure of public records.
2.92.070 Procedure for inspection or copying.
2.92.080 Processing public records requests—Review of decision.
2.92.100 Reimbursement for copying costs.
2.92.010 Relationship to Public Records Act.
This chapter constitutes the city’s rules and regulations to carry out and implement the Public Records Act, Chapter 42.56 RCW. (Ord. 1803-0512 § 1 (part), 2012)
2.92.020 Public records officer.
The city clerk shall serve as the public records officer for all city records except those maintained by the Shelton municipal court. The records designee for the municipal court shall serve as the public records officer for all records maintained by the court. Contact information for the city clerk and records designee for the municipal court will be made available to the public in a manner reasonably accommodating to provide notice of to whom members of the public may direct requests for public records. Contact information will be posted at City Hall, and on the city’s Internet website. (Ord. 1803-0512 § 1 (part), 2012)
2.92.030 Maintenance of records.
A. All substantive and procedural rules of general applicability, including but not limited to ordinances and resolutions of the city council, minutes of the regular meetings of the city council, public contracts and leases shall be indexed and maintained by the city clerk.
B. All police records shall be maintained in the Shelton police department. Access to police records shall be through a department records designee, and pursuant to laws including but not limited to Chapter 42.56 RCW, Chapter 10.97 RCW (Criminal Records Privacy Act), and Chapter 13.50 RCW (Keeping and Release of Juvenile Records).
C. All other records of the city relating to the specific function or responsibility of a particular department shall be maintained for the use of the department and the general public in the office of the particular department. Such records shall include, but not be limited to: personnel, financial, planning policies and goals, and interim and final planning decisions; factual staff reports and studies; factual consultant’s reports and studies; scientific reports and studies; and any other factual information derived from tests, studies, reports or surveys, whether conducted by city employees or others. (Ord. 1921-0518 (part), 2018; Ord. 1803-0512 § 1 (part), 2012)
2.92.040 Index of public records—Findings.
A. The Public Records Act requires all cities and public agencies to maintain and make available a current index of all public records.
B. RCW 42.56.070(4) provides that an agency need not maintain such an index if to do so would be unduly burdensome, but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome or would interfere with agency operations.
C. The city is comprised of numerous departments, their divisions and subdivisions, many if not all of which maintain separate databases and/or systems for the indexing of records and information.
D. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems, formats and/or databases, it is unduly burdensome, if not physically impossible, to maintain a current index of all records. (Ord. 1803-0512 § 1 (part), 2012)
2.92.050 Index of public records—Order.
Based upon the findings set forth in Section 2.92.080, and pursuant to RCW 42.56.070(4), the city council orders the following:
A. The city is not required to maintain an all-inclusive index of public records due to the undue burden and near-impossibility of maintaining such an index.
B. The city will make available for inspection and/or copying all public records, including any indexes that are maintained by the city as set forth in Section 2.92.030, except to the extent that such records are exempt from public disclosure. (Ord. 1921-0518 (part), 2018; Ord. 1803-0512 § 1 (part), 2012)
2.92.060 Disclosure of public records.
Unless exempt from disclosure under this chapter or other law, public records shall be available for inspection and copying in accordance with this chapter. (Ord. 1803-0512 § 1 (part), 2012)
2.92.070 Procedure for inspection or copying.
A. All persons desiring to inspect or obtain a copy of any public record must make the request to the city clerk’s office or the specific department that maintains the record. The city clerk shall create and make available for public use standard forms by which a requester may specify particular public records which will also provide the requester relevant contact information. Reasonable assistance as may be necessary to help a requestor locate particular records shall be provided either by the city clerk or by the city department maintaining the records; provided, that the provision of such assistance shall not unreasonably disrupt the normal operations of the city clerk, the department, or the assisting records designee.
B. Except to the extent required or authorized by law, the city clerk, or records designee, shall not distinguish among persons requesting records. Persons requesting records shall not be required to provide information as to the purpose for the request, except to establish whether the inspection or copying would violate Chapter 42.56 RCW or other statute that exempts or prohibits disclosure of specific information or records to certain persons. (Ord. 1803-0512 § 1 (part), 2012)
2.92.080 Processing public records requests—Review of decision.
A. Responses to requests for public records shall be made promptly pursuant to Chapter 42.56 RCW. Within five business days of the date of receipt by the city of a documented request for a record, the city clerk, or records designee, shall:
1. Provide the record; or
2. Acknowledge that the city has received the request and (a) provide a reasonable estimate of the time the city will require to respond to the request, or (b) request clarification; or
3. Deny the public record request in whole or in part.
B. Public records may be made available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for public inspection or copying. Additional time to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt. If a public records request is unclear, the city clerk, or records designee, may ask the requestor to clarify what information is being requested. If the requestor fails to clarify the request, the city need not further respond to or process the request.
C. If the city clerk, or the records designee, determines that the document is exempt in part but can be made available after redaction of exempt portions, the request shall be granted; provided, that such exempt portions shall first be redacted. If the city clerk, or records designee, determines to deny the request, in whole or in part, a written statement containing pertinent information and the specific reasons for the denial shall be provided to the requestor; provided, that nothing herein shall be construed as requiring the city to disclose portions of a requested document if the entire document is exempt from disclosure.
D. In the event the city clerk, or records designee, denies inspection of all or any part of a request, the city clerk may seek review by the city attorney. The city clerk will notify the requestor by mail of the decision to grant or deny the request. (Ord. 1803-0512 § 1 (part), 2012)
2.92.090 Exemptions.
The city adopts by reference the exemptions from public disclosure contained in Chapter 42.56 RCW, including any future amendments thereto or recodification thereof, along with any other exemption or exception to the Public Records Act provided by law. A written statement containing pertinent information and the specific reasons for the denial shall be provided to the requester whenever records are redacted or withheld in full. (Ord. 1803-0512 § 1 (part), 2012)
2.92.100 Reimbursement for copying costs.
A. No fee shall be charged for the inspection of public records. Any person who requests a copy of any public record from the city shall pay copying charges for public records, including but not limited to photocopies, maps, photographs including slides, audio tape recordings, video tape recordings and diskettes, according to the fee schedule maintained by the city.
B. The city may charge all costs directly incident to shipping such public records, including but not limited to the cost of postage or delivery charges and the cost of any container or envelope pursuant to RCW 42.56.070(7).
C. The city may, at its discretion, require the requestor to deposit a sum in an amount not to exceed ten percent of the estimated cost of providing copies for a request. If the records are made available on a partial or installment basis, the city may charge for each part of the request as it is provided. If an installment of a records request is not paid for or reviewed within twenty days after the city provides notice of availability of the installment, the city is not obligated to fulfill the balance of the request. (Ord. 1803-0512 § 1 (part), 2012)