Chapter 2.62
PUBLIC RECORDS
Sections:
2.62.010 Relationship to Public Records Act.
2.62.020 Public records officers.
2.62.030 Maintenance of records.
2.62.040 Index of public records – Findings.
2.62.050 Index of public records – Order.
2.62.060 Disclosure of public records.
2.62.070 Procedure for inspection or copying.
2.62.080 Processing public records requests – Review of decision.
2.62.100 Reimbursement for copying costs.
2.62.110 Model rules and administrative procedure.
2.62.120 Organizational chart.
2.62.010 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. 1271 § 1(1), 2011)
2.62.020 Public records officers.
A. The city clerk shall serve as a public records officer for all city records except those maintained by the Zillah police department and the Zillah fire/building department located outside of City Hall.
B. The designated public records officer for the Zillah police department shall be the police chief.
C. The designated public records officer for the Zillah fire department and building department shall be the fire chief/building inspector.
D. Contact information for the city clerk, police chief, and fire chief/building inspector will be made available to the public in a manner reasonably calculated to provide notice of to whom members of the public may direct requests, such as posting such contact information at City Hall, the police department and the fire/building department, and/or on the city’s internet website. (Ord. 1271 § 1(2), 2011)
2.62.030 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, and statements of general policy, and all public contracts, deeds, easements and leases shall be indexed and maintained by the city clerk.
B. All police records shall be maintained in the Zillah police department. Access to police records shall be in accordance with this chapter and applicable 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. All such documents defined as “public records” in Chapter 42.56 RCW and may include, but not be limited to, final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; those statements of policy and interpretations of policy, statute, and the Constitution which have been adopted by the agency; administrative staff manuals and instructions to staff that affect a member of the public; 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; any other factual information derived from tests, studies, reports or surveys, whether conducted by city employees or others; and correspondence, and materials referred to therein, by and with the agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government, or of any private party. (Ord. 1271 § 1(3), 2011)
2.62.040 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 composed 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. 1271 § 1(4), 2011)
2.62.050 Index of public records – Order.
Based upon the findings set forth in ZMC 2.62.040 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 ZMC 2.62.030, except to the extent that such records are exempt from public disclosure. (Ord. 1271 § 1(5), 2011)
2.62.060 Disclosure of public records.
Unless exempt from disclosure under Chapter 42.56 RCW or other law, public records shall be available for inspection and copying in accordance with this chapter and applicable state law including Chapter 42.56 RCW. (Ord. 1271 § 1(6), 2011)
2.62.070 Procedure for inspection or copying.
A. All persons desiring to inspect or obtain a copy of any public record must make their request in writing to the appropriate public records official. The public records official shall create and make available for public use a standard form by which a requester may specify particular public records and provide the requester’s relevant contact information. Reasonable assistance as may be necessary to help a requestor locate particular records shall be provided either by the public records official or by the city department containing the records; provided, that the provision of such assistance shall not unreasonably disrupt the normal operations of the public records official, the department, or the assisting employee(s).
B. Except to the extent required or authorized by law, the public records official or other city employee shall not distinguish among persons requesting records. Persons requesting records shall not be required to provide information as to the purpose of the request, except to establish whether the inspection or copying would violate Chapter 42.56 RCW or other statute or ordinance that exempts or prohibits disclosure of specific information or records to certain persons. (Ord. 1271 § 1(7), 2011)
2.62.080 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 written request for a record, the public records official shall:
1. Provide a 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 records 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 if the request is unclear, the public records official may ask the requestor to clarify what information the requestor is requesting. If the requestor fails to clarify the request, the city need not further respond to or process the request.
C. If the public records official determines that the document is exempt in part but can be made available after deletion of exempt portions, the request shall be granted; provided, that such exempt portions shall first be deleted. If the public records official determines to deny the request, in whole or in part, a written statement of 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 public records official denies inspection of all or any part of a request, the public records official may seek review by the city attorney. The public records official will notify the requestor by mail of the decision to grant or deny the request. (Ord. 1271 § 1(8), 2011)
2.62.090 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, including but not limited to those exemptions. (Ord. 1271 § 1(9), 2011)
2.62.100 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 to the city clerk or designee a copying charge. The copying charges for public records, including but not limited to photocopies, maps, photographs including slides, audio tape recordings, video tape recordings and diskettes shall be included in the most recently adopted city rates ordinance for the city of Zillah. Nothing herein shall be construed to apply to charges for accident reports pursuant to RCW 46.52.085.
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 costs 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 10 percent of the estimated cost of providing copies for a request. Upon providing the public records, the remaining 90 percent of the cost will be collected. 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 notice of records request is not paid for or reviewed within 20 days after the city provides notice of availability of the installment, the city is not obligated to fulfill the balance of the request. (Ord. 1271 § 1(10), 2011)
2.62.110 Model rules and administrative procedure.
The city may, in its discretion, follow the Public Records Act Model Rules on file at the city clerk’s office. The mayor, upon recommendation of the city clerk, may issue additional administrative procedures for the implementation of this chapter. (Ord. 1271 § 1(11), 2011)
2.62.120 Organizational chart.
(Ord. 1271 § 1(12), 2011)