Chapter 2.50
PUBLIC RECORDS INSPECTION AND COPYING PROCEDURES
Sections:
2.50.010 Policy.
2.50.020 Office hours.
2.50.030 Requests for public records.
2.50.040 Procedure for providing copies of public records.
2.50.050 Copying.
2.50.060 Disposition of funds.
2.50.070 Access to public records.
2.50.080 Protection of public records.
2.50.090 Review of denials of public records requests.
2.50.100 Misuse of public records – Penalty.
2.50.110 Fees.
2.50.120 Severability.
2.50.130 Effective date.
2.50.010 Policy.
A. These procedures are established to provide a uniform system for all city departments to follow when requested to provide access to public records for inspection and copying.
B. It shall be the policy of the city to follow the requirements of Initiative 276, as codified in Chapter 42.17 RCW, in accordance with the procedures set forth in this chapter. All city departments, divisions, bureaus, boards, committees, commissions and officers are required to follow these procedures and to demand full compliance with them. (Ord. 02-197 § 1).
2.50.020 Office hours.
Public records shall be available for inspection and copying during customary office hours. For the purposes of this chapter, the customary office hours shall be from 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. (Ord. 02-197 § 1).
2.50.030 Requests for public records.
In accordance with the requirements of state law that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the city, public records may be inspected or copied or copies of such records may be obtained, by members of the public, upon compliance with the following procedures:
A. A request shall be made in writing upon a standard form which shall be available at City Hall. The completed form shall be presented to the city clerk who shall coordinate with the staff member responsible for the record requested, during customary office hours. The request shall include the following information:
1. The name of the person requesting the record;
2. The calendar date on which the request was made;
3. The nature of the request;
4. An accurate description of the record requested;
5. The signature and other identifying information of the requestor.
B. Persons requesting public records will be required to complete a statement agreeing not to release or use the information for commercial purposes. (Ord. 02-197 § 1).
2.50.040 Procedure for providing copies of public records.
A. Requests for copies of public records shall be recorded in sequence, and will be provided at a time determined to be reasonable, in order to prevent unreasonable invasions of privacy, to protect public records from damage or disorganization and to avoid excessive interference with essential functions of the city clerk's office.
B. Searching fees shall be levied in accordance with the city's established fee schedule and only when the person making the request cannot clearly identify the document requested. (Ord. 02-197 § 1).
2.50.050 Copying.
The city will charge a fee in the amount necessary to reimburse the department for its actual costs incident to providing copies of public records, in accordance with the adopted fee schedule, which schedule shall be available to the public upon request. (Ord. 02-197 § 1).
2.50.060 Disposition of funds.
Cash receipts shall be given for all money received for copies provided and duplicate receipt shall be retained in the finance department. (Ord. 02-197 § 1).
2.50.070 Access to public records.
The providing of public records shall be governed by the following procedures:
A. Public records shall be made available without disrupting essential functions of the office. Any city employee who believes that essential functions will be interrupted shall consult with the city manager.
B. Retrieval of a record from off-premises storage shall occur no more than once per week.
C. Duplicate, carbon copy or other secondary records are to be dealt with in the same manner as the original or primary copy.
D. With regard to photocopying, prearrangement for copies of records is recommended so that they can be accommodated within the city clerk's office work schedule. With regard to other printing which cannot be produced within the city clerk's office will be forwarded to the appropriate city department or outside business. The requestor will be billed for such services.
E. With regard to taped or digital recordings, all of the provisions of this section and EMC 2.50.050 shall apply.
F. With regard to the production of transcripts, a fee shall be charged in accordance with the established fee schedule. Transcription shall be done in a manner as to not disrupt essential functions of the office. (Ord. 02-197 § 1).
2.50.080 Protection of public records.
The city shall enforce reasonable rules to protect public records from damage, disappearance, disorganization or destruction. Public records consist mainly of operational files that are subject to high usage. In order to ensure that essential functions of the city are continually carried out, and the public records are not damaged, altered, disorganized, or lost, access to the records are restricted. Public records will be inspected in the City Hall offices. Inspection shall be in the presence of the authorized department staff employee. Prior arrangements should be made for a convenient time for a staff member to assist and supervise the inspection so that essential functions of the office are not disrupted. No records shall be removed from a file except by a staff member. The staff member who will supervise the inspection will be assigned on the basis of the work schedule at the time and availability. Inspection shall be denied and the records will be withdrawn if the individual inspecting the records is doing so in a manner to damage, alter, or substantially disorganize them. Inspection shall be denied and records withdrawn if the individual inspecting the records attempts to remove them from the prescribed location or is excessively interfering or will unduly interfere with other essential functions of the department. (Ord. 02-197 § 1).
2.50.090 Review of denials of public records requests.
A. Upon any denial of a request for a public record, the public official or staff member who denied the record shall initiate a prompt review of the decision by referring the request and denial to the city attorney who shall consider the matter and recommend to affirm or reverse such denial or call a special meeting as soon as legally possible to review the denial. In any case, the request shall be returned with a final decision within two business days following the original denial.
B. Administrative remedies shall not be considered exhausted until the city has returned the review of a denial with a decision or until the close of the second business day following denial of inspection, whichever occurs first. (Ord. 02-197 § 1).
2.50.100 Misuse of public records – Penalty.
Every person who shall unlawfully remove, alter, mutilate, destroy, disorganize, conceal, erase, obliterate or falsify any public record shall be guilty of a misdemeanor. (Ord. 02-197 § 1).
2.50.110 Fees.
Appropriate fees will be charged in accordance with the city's fee schedule. (Ord. 02-197 § 1).
2.50.120 Severability.
Should any section, paragraph, sentence, clause or phrase of this code, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason or should any portion of this code be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this code or its application to other persons or circumstances. (Ord. 02-197 § 1).
2.50.130 Effective date.
A summary of the ordinance codified in this chapter consisting of its title shall be published in the official newspaper of the city, and shall take effect and be in full force five days after the date of publication. (Ord. 02-197 § 1).