Chapter 2.75
PUBLIC RECORDS
Sections:
2.75.010 Authority and purpose – Compliance with Public Records Act, Chapter 42.56 RCW.
2.75.020 City description – Contact information – Public records officer.
2.75.030 Availability of public records.
2.75.040 Processing of public records – General.
2.75.050 Reserved.
2.75.060 Exemptions.
2.75.070 Costs for providing copies of public records.
2.75.080 Review of denials of public records.
2.75.010 Authority and purpose – Compliance with Public Records Act, Chapter 42.56 RCW.
A. RCW 42.56.070(1) requires each city to make available for inspection and copying nonexempt "public records" in accordance with published rules. The act defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained" by the city. RCW 42.56.070(2) requires each city to set forth "for informational purposes" every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that city.
B. The purpose of this chapter is to establish the procedures the City will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the City, and establish processes for requestors and City staff that are designed to best assist members of the public in obtaining such access.
C. The purpose of the Public Records Act is to provide the public full access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of the efficient administration of government. The Act and this chapter will be interpreted in favor of disclosure. In carrying out its responsibilities under the Act, the City will be guided by the provisions of the Act describing its purposes and interpretation. (Ord. 07-006 § 2, 2007).
2.75.020 City description – Contact information – Public records officer.
A. The City is a noncharter code city governed by the provisions of Chapter 35A.13 RCW. The City’s central office is located at 11707 E. Sprague Ave., Spokane Valley, WA 99206. The City also has offices at CenterPlace located at 2426 N. Discovery Place, Spokane Valley, WA 99216, and the Spokane Valley Precinct located at 12710 E. Sprague Ave., Spokane Valley, WA 99216.
B. Any person wishing to request access to public records of the City or seeking assistance in making such a request should contact the public records officer of the City:
City Clerk
City of Spokane Valley
11707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206
Phone: 688-0177
Fax: 688-0194
publicrecordsrequest@spokanevalley.org
Information is also available at the City’s web site at http://www.spokanevalley.org
C. The public records officer will oversee compliance with the Act but another City staff member may process the request. Therefore, these rules will refer to the public records officer "or designee." The public records officer or designee and the City will provide the "fullest assistance" as set forth in SVMC 2.75.040 to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the City. (Ord. 07-006 § 2, 2007).
2.75.030 Availability of public records.
A. Hours for Inspection of Records. Public records are available for inspection and copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00 p.m. (excluding holidays as defined in Chapter 2.60 SVMC). Records must be inspected at City offices by appointment.
B. Records Index. The City finds that maintaining an index is unduly burdensome and would interfere with City operations due to the diversity of City departments and information systems, budget restraints and the unavailability of staff.
C. Organization of Records. The City will maintain its records in a reasonably organized manner. The City will take reasonable actions to protect records from damage and disorganization. A requestor shall not take original City records from City offices. A variety of records is available on the City web site:
http://www.spokanevalley.org
Requestors are encouraged to view the documents available on the web site prior to submitting a records request.
D. Making a Request for Public Records.
1. Any person wishing to inspect or have copies of public records of the City should make the request in writing on the City’s public record request form, or by letter, fax, or e-mail addressed to the public records officer, or by telephone or in person. The request should include the following information: name of requestor; complete mailing address of requestor; other contact information, including telephone number and any e-mail address; identification of the public records adequate for the public records officer or designee to locate the records; and the date and time of day of the request. Within five days of receipt, the public records officer or designee shall confirm the substance and the receipt of requests for public records by telephone or in person or in writing.
2. If the requestor wishes to have copies of the records instead of simply inspecting them, he or she should so indicate and make arrangements to pay for copies of the records or a deposit pursuant to SVMC 2.75.070.
3. A form is available for use by requestors at all City offices and online at:
http://www.spokanevalley.org
(Ord. 07-006 § 2, 2007).
2.75.040 Processing of public records – General.
A. Providing "Fullest Assistance." The City is charged by statute with adopting rules which describe how it will "provide full access to public records," "protect records from damage or disorganization," "prevent excessive interference with other essential functions of the City," provide "fullest assistance" to requestors, and provide the "most timely possible action" on public records requests. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.
B. Acknowledging Receipt of Request. Within five business days of receipt of the request, the public records officer will do one or more of the following:
1. Make the records available for inspection or copying;
2. If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;
3. Provide a reasonable estimate of when records will be available;
4. If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or
5. Deny the request.
C. Consequences of Failure to Respond. If the City does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.
D. Protecting Rights of Others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.
E. Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If the City believes that a record is exempt from disclosure and should be withheld, the public records officer will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.
F. Inspection of Records.
1. Consistent with other demands, the City shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the City to copy.
2. The requestor must claim or review the assembled records within 30 days of the City’s notification to him or her that the records are available for inspection or copying. The City will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the City to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the City may close the request and refile the assembled records.
G. Providing Copies of Records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.
H. Providing Records in Installments. When the request is for a large number of records, the public records officer or designee will provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.
I. Completion of Inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee will indicate that the City has completed a diligent search for the requested records and made any located nonexempt records available for inspection.
J. Closing Withdrawn or Abandoned Request. If the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer will close the request and indicate to the requestor that the City has closed the request.
K. Later Discovered Documents. If, after the City has informed the requestor that it has provided all available records, the City becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis. (Ord. 07-006 § 2, 2007).
2.75.050 Reserved.
(Ord. 07-006 § 2, 2007).
2.75.060 Exemptions.
A. The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. A list of the laws and regulations, outside the Public Records Act, that restrict the availability of some documents held by City for inspection and copying is kept by the public records officer.
B. The City is prohibited by statute from disclosing lists of individuals for commercial purposes. (Ord. 07-006 § 2, 2007).
2.75.070 Costs for providing copies of public records.
A. Costs for Paper Copies. There is no fee for inspecting public records or for providing documents by e-mail. A requestor may obtain standard black-and-white photocopies for $0.15 per page, and $3.00 per page for large maps, and the actual cost per disk for CDs or other electronic storage device. There will be no charge for documents provided electronically. Document copies mailed to the requestor will not be mailed until the fee, plus postage, has been received. There shall be no charge for document copies faxed locally provided there are 10 or fewer pages; and the $0.15 per page fee will not be charged for less than seven pages per request, unless the documents are mailed, in which case the fee and postage will be charged. Before beginning to make the copies, the public records officer or designee may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records, or the payment of the costs of copying an installment before providing that installment. The City will not charge sales tax when it makes copies of public records.
B. Costs of Mailing. The City may also charge actual costs of mailing, including the cost of the shipping container.
C. Payment. Payment may be made by cash, check, or money order payable to the City of Spokane Valley. (Ord. 07-006 § 2, 2007).
2.75.080 Review of denials of public records.
A. Petition for Internal Administrative Review of Denial of Access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.
B. Consideration of Petition for Review. The public records officer shall promptly provide the petition and any other relevant information to the public records officer’s supervisor or other City official designated by the City to conduct the review. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the City’s receipt of the petition, or within such other time as the City and the requestor mutually agree.
C. Judicial Review. Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial. (Ord. 07-006 § 2, 2007).