Chapter 2.76
PUBLIC RECORDS DISCLOSURE

Sections:

2.76.010    Records available for public inspection – Exemptions.

2.76.020    Adoption of rules and regulations consistent with state law.

2.76.030    Fees.

2.76.031    Fees added for records retention.

2.76.040    Repealed.

2.76.050    Public records index.

2.76.010 Records available for public inspection – Exemptions.

The city council of the city does hereby declare that all public records as defined in RCW 42.17.020, as now or hereafter amended, in the custody of the city shall be available for public inspection and copying in the form and manner and in accordance with the provisions of RCW 42.17.250 through 42.17.340, inclusive; provided, however, that all records and parts thereof shall be exempt from disclosure as set forth in RCW 42.17.250 through 42.17.340, inclusive, and in addition any other records falling within the specific exemption or exemptions of any other statute which exempts or prohibits disclosure of specific information or records. (Ord. 2757 § 1, 2001; Ord. 2162 § 1, 1989).

2.76.020 Adoption of rules and regulations consistent with state law.

The city clerk is hereby directed to adopt reasonable rules, regulations and procedures to ensure compliance with this chapter and with RCW 42.17.250 through 42.17.340, inclusive, and to make available to the public in accordance with said laws as now or hereafter amended all public records except those specifically exempted from disclosure, and to protect said records from damage, disappearance or disorganization. (Ord. 2757 § 1, 2001; Ord. 2162 § 2, 1989).

2.76.030 Fees.

The city clerk is authorized to establish fees for services and recovery of costs for public records requests consistent with state law; provided, a department head may provide copies of city records at no charge to individuals or government agencies doing business with the city, if the department head determines such action is in the best interest of the city. (Ord. 2757 § 1, 2001; Ord. 2162 § 3, 1989).

2.76.031 Fees added for records retention.

There shall be added to each of the following fees, licenses, and applications, a fee of five percent of the fee established by the Port Townsend Municipal Code (rounded to the nearest quarter of a dollar), however, in no event shall the fee be less than $3.00 or greater than $10.00, to be earmarked for administrative functions related to records retention and management:

A. All fees for applications set forth in PTMC 20.01.100;

B. All business license fees (one-time only on initial application or first renewal after the initiation of the fee);

C. All fees for special event permits. (Ord. 2790 § 1, 2001).

2.76.040 Application for request for public records.

Repealed by Ord. 2757. (Ord. 2162 § 4, 1989).

2.76.050 Public records index.

Pursuant to RCW 42.17.260(4)(a), the city of Port Townsend is not required to maintain an all-inclusive index of public records based on the following findings:

A. The Revised Code of Washington (RCW) requires all cities and public agencies to maintain and make available a current index of all public records.

B. The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.

C. When such an order is made, all indexes maintained by the city must be made available to provide identifying information on those records which are available for inspection and/or copying.

D. The city of Port Townsend is comprised of nine departments, their divisions and subdivisions, which maintain separate databases and/or record-keeping systems for the indexing of records and information.

E. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records.

F. The city will fully comply with the provisions of the RCW as they relate to the Public Disclosure Act, under Chapter 42.17 RCW. (Ord. 2757 § 1, 2001).