Chapter 2.26
PUBLIC RECORDS*

Sections:

2.26.005    Authority and purpose.

2.26.010    Scope of rules authorized.

2.26.020    Authority to amend rules.

2.26.030    Authority to publish rules.

2.26.040    Costs of providing public records.

2.26.050    Interpretation of rules.

2.26.060    Review of denial of request.

2.26.070    Judicial review.

2.26.080    Opt out of index of records.

* Prior legislation: Prior code §§ 2.36.010 through 2.36.060 and Ords. 2165, 2482, 2769, 3385, 4464 and 5589.

2.26.005 Authority and purpose. Share

A. The Act requires public agencies such as Bellevue to make nonexempt “public records” available for inspection and copying in accordance with published rules. The Act defines “public records” 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 agency.

B. The city clerk is authorized to establish and publish Bellevue Public Records Act rules to provide the public with full access to public records consistent with the Act. (Ord. 5746 § 1, 2007.)

2.26.010 Scope of rules authorized. Share

As required by law or to the extent deemed necessary or appropriate, the Bellevue Public Records Act rules will contain:

A. A description of Bellevue city services, the designation of a public records officer (officer), the officer’s contact information, the hours and location for inspection of public records and the officer’s responsibilities under the Public Records Act;

B. The procedure for making, responding to, inspecting and copying records requests; protecting records from damage or disorganization; preventing excess interference with Bellevue’s other essential functions; protecting the rights of others; providing “fullest assistance” to requestors and timely action on public records requests;

C. For informational purposes, a list of laws in addition to the Act that exempts or prohibits the disclosure of public records held by Bellevue;

D. Definitions as necessary or appropriate related to the Act. (Ord. 5746 § 1, 2007.)

2.26.020 Authority to amend rules. Share

The city clerk shall have the authority to amend the Bellevue Public Records Act rules as necessary or appropriate to conform to laws or, as appropriate, to enhance services to the public, protect privacy, and/or increase efficiency in administering the Act to the fullest extent permitted by law. (Ord. 5746 § 1, 2007.)

2.26.030 Authority to publish rules. Share

The public records officer shall make the Bellevue Public Records Act rules readily available to the public in electronic and paper mediums. (Ord. 5746 § 1, 2007.)

2.26.040 Costs of providing public records. Share

The city clerk shall have the authority to establish and/or change the costs of copying or the costs of otherwise providing a requestor with public records in any format or medium to the fullest extent permitted by law. There is no fee for merely inspecting public records. (Ord. 5746 § 1, 2007.)

2.26.050 Interpretation of rules. Share

The Act and the rules will be interpreted consistent with the Act’s intent and case law, including in favor of disclosure as provided by law. (Ord. 5746 § 1, 2007.)

2.26.060 Review of denial of request. Share

The Bellevue Public Records Act rules shall provide for obtaining internal administrative review of denials, in whole or in part, of public records requests as required by law. (Ord. 5746 § 1, 2007.)

2.26.070 Judicial review. Share

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 regardless of any internal administrative appeal. (Ord. 5746 § 1, 2007.)

2.26.080 Opt out of index of records. Share

The city finds that creating and maintaining a central city index of records is unduly burdensome and would interfere with city operations. The city clerk’s office shall maintain and make available to the public indexes of ordinances, resolutions, and policies adopted by the city council, minutes of regular meetings of the city council and amendments, revisions, and repeals thereof and all public contracts, deeds and leases. These and all other indexes maintained for city use will be made available for review by the public upon request to the public records officer, unless exempted by state law. (Ord. 5746 § 1, 2007.)