Chapter 2.28
PUBLIC RECORDS
Sections:
2.28.010 Authority and purpose – Compliance with Chapter 42.56 RCW, Public Records Act.
2.28.020 City description – Contact information – Public records officer.
2.28.030 Availability of public records.
2.28.040 Processing of public records – General.
2.28.060 Costs for providing copies of public records.
2.28.070 Review of denials of public records requests.
2.28.080 Conflict with Chapter 42.56 RCW.
2.28.010 Authority and purpose – Compliance with Chapter 42.56 RCW, Public Records Act.
A. RCW 42.56.070(1) requires each city to make available for inspection and copying nonexempt public records, as such term is defined in Chapter 42.56 RCW (the “act”), in accordance with published rules. 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 2.28 of the Airway Heights Municipal Code (this “chapter”) is to establish the procedures the City will follow in order to provide access to public records as required by the act. This chapter provides information to persons wishing to request access to public records of the City, and establishes 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 act is to provide the public access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of the efficient administration of government. In fulfilling its responsibilities under the act, the City will be guided by the provisions of the act describing its purposes and interpretation. (Ord. C-1032 § 2, 2024)
2.28.020 City description – Contact information – Public records officer.
A. The City is a noncharter code city governed by the provisions of RCW Title 35A. The City’s central office is located at 13120 W. 13th Avenue, Airway Heights, WA 99001.
B. The City Clerk-Treasurer is appointed as the City’s public records officer. Any person requesting access to public records of the City or seeking assistance in making such a request may contact the public records officer of the City:
City Clerk-Treasurer
City of Airway Heights
13120 W. 13th Avenue
Airway Heights, WA 99001
Phone: 509-244-5578
In addition, public records requests may be made to the department head of any City department which maintains the requested record(s). Information helpful to making a public records request is also available on the City’s website at: https://cawh.org/make-a-public-records-request/.
C. The public records officer shall oversee the City’s compliance with the act; provided, however, that other City staff members may and shall process and assist with processing public records requests as required by the Act and public records officer to ensure City compliance. Unless otherwise stated herein, any reference to public records officer shall include any designee. The public records officer and the City shall provide requestors with reasonable assistance; ensure that public records are protected from damage or disorganization; and prevent the fulfilling of public records requests from causing excessive interference with essential functions of the City. City officials and staff, including the public records officer, shall periodically attend training as necessary to meet the requirements of the act. The City shall document such training. (Ord. C-1032 § 2, 2024)
2.28.030 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, 9:00 a.m. to 5:00 p.m. (excluding holidays). Records shall only be inspected at City offices, preferably 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 shall maintain its records in a reasonably organized manner. The City shall take reasonable actions to protect records from damage and disorganization. A requestor may not take original City records from City offices. Certain records are available on the City website: cawh.org. Requestors are encouraged to view the documents available on the website 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 website, or on a public record request form which may be submitted in person, by email, or US mail, addressed to the public records officer. As required pursuant to the act, the City shall respond to any lawful record request for an identifiable record. The request should include the following information: name of requestor; complete mailing address of requestor; other contact information, including telephone number and any email address; identification of the public records sought sufficient for the City to locate the records; and the date and time of day of the request.
2. If the requestor requests copies of the records instead of simply inspecting them, the requestor should so indicate and make arrangements to pay for copies of the records or a deposit pursuant to AHMC 2.28.060. Payment shall be received by the City prior to release of any documents.
3. The City’s public record request form is available for use by requestors at City Hall and online at: https://cawh.org/make-a-public-records-request/.
4. If requestors refuse to identify themselves or provide sufficient contact information, the City shall respond to the extent feasible and consistent with the law. (Ord. C-1032 § 2, 2024)
2.28.040 Processing of public records – General.
A. Providing Assistance. The public records officer or designee shall take such action as necessary to provide assistance to requestors in accessing public records. The public records officer shall process requests in the order allowing the most requests to be processed in the most efficient manner. The provision of assistance shall not unreasonably disrupt the normal operations of the Clerk-Treasurer, the department to whom a request is made, or assisting employees.
B. Acknowledging Receipt of Request. Within five business days of receipt of the request, the public records officer or department shall do one or more of the following:
1. Make the records available for inspection or copying;
2. Provide copies of the records directly to the requestor; provided, however, that the public records officer may provide such copies in installments. If copies or installments are requested for which there is an associated City fee, any such fees shall be paid prior to the release of records;
3. Provide an internet link to the specific records requested, except that if the requestor notifies the City that he or she cannot access the records through the internet, then the City will make alternative arrangements to allow the requestor to view copies, if available and practical;
4. Acknowledge that the City has received the request and provide a reasonable estimate of when records or an installment of records will be available. Additional time to respond may be based upon the need to clarify the request, to locate and assemble the records, to notify third persons affected by the request, or to determine whether any information requested is exempt;
5. Acknowledge that the City has received the request and request clarification from the requestor for any portion of the request that does not sufficiently identify the requested records or that is unclear. Such clarification request shall also provide a reasonable estimate of when the records will be available if the request is not clarified. The public records officer may revise the estimate of when records will be available based upon any subsequent clarification received. In the event the City requests clarification for a records request in which all or a portion of the request is unclear, and the requestor fails to respond to the City’s request for clarification, the City shall not be required to respond to any portion of the request that was determined to be unclear and the public records officer may close that portion of the request; or
6. Deny the request, explaining the reason for such denial.
C. Failure to Respond. If the City does not respond in writing within five business days of receipt of the request for documents, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.
D. Protecting Rights of Others. The public records officer may, prior to providing the records, give notice of the request and City’s determination to disclose the applicable records to such others whose rights may be affected by the disclosure. Unless otherwise required by law, nothing herein shall require notice to third parties of any request or decision by the City to disclose applicable records.
E. Records Exempt from Disclosure. Certain 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 shall state the specific exemption and provide a brief written 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 may 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 for members of the public 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. Once requested records are available for inspection or copies are ready to be paid for and picked up, the City shall hold such records for inspection or collection for no more than 30 days. 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 shall make the requested copies or arrange for copying. If the requestor is making copies of City records, the City may stop the requestor from such copying if, in the City’s reasonable belief, such copying by the requestor is damaging the records or resulting in the records becoming disordered.
H. Providing Records in Installments. The public records officer may, upon determining that it will be most practical, determine to make copies available on a partial or installment basis. The public records officer shall notify the requestor when any installment is available and that the requestor may claim the installment within 30 days after payment for such installment, as required pursuant to AHMC 2.28.060. 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 may close the remainder of the request and stop searching for the remaining records.
I. Completion of Inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer shall indicate that the City has completed a diligent search for the requested records and inform the requestor that nonexempt records are available for inspection.
J. Closing Withdrawn, Abandoned, or Unclarified Request. If the requestor withdraws the request, fails to respond to a request for clarification, or fails to fulfill his or her obligations to inspect the records or pay a required deposit, required fees for an installment of copies, or required payment for the requested copies, the public records officer may close the request and indicate to the requestor that the City has closed the request.
K. The City may deny a “bot” request, as such term is defined in the act, pursuant to the procedures set forth in the act.
L. Electronic Records. The process for requesting and processing electronic records is the same as for paper records. The City may, but is not obligated, to translate, scan, or otherwise provide nonexempt copies of records in a specific electronic format when requested by the requestor. When provided, electronic copies shall be provided in the electronic format used by the City that is generally commercially available, or in a format that is reasonably translatable from the format in which the City keeps the record. Costs are set forth in the City’s fee resolution, available on the City’s website at cawh.org.
M. Later Discovered Documents. If, after the City has informed the requestor that all available records have been provided, the City becomes aware of additional responsive documents existing at the time of the request, the requestor will be promptly informed of the additional documents and such documents will be provided expeditiously. (Ord. C-1032 § 2, 2024)
2.28.050 Exemptions.
A. The act provides certain types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if other statutes or applicable laws exempt or prohibit disclosure. The Sunshine Committee of the Washington Attorney General’s Office maintains a list of public disclosure exemptions at: https://www.atg.wa.gov/sunshine-committee. Such exemptions, as they may be amended or modified from time to time, are incorporated herein.
Common exemptions include but are not limited to (note statutes cited below may be amended or modified from time to time):
1. Personal information in files maintained for employees, appointees, or elected officials, to the extent that disclosure would violate their right to privacy.
2. Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would be prohibited to such persons or violate the taxpayer’s right to privacy or result in unfair competitive disadvantage to the taxpayer.
3. Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy.
4. Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person’s life, physical safety, or property; provided, that if at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern.
5. Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
6. Except as provided by Chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency including the City, relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
7. Valuable formulae, designs, drawings, and research data obtained by the City within five years of the request for disclosure when disclosure would produce private gain and public loss. The exemption of this subsection shall not include software and special applications for software developed by City officers and employees in the scope of their employment.
8. Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by the City in connection with any City action.
9. Records which are relevant to a controversy to which the City is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
10. Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
11. Financial and commercial information and records supplied by businesses during application for loans or program services provided by Chapters 43.160, 43.163, 43.168, and 43.330 RCW.
12. All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
13. The residential addresses and residential telephone numbers of employees or volunteers of the City which are held by the City in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
14. The residential addresses and residential telephone numbers of the customers of a City utility contained in the records or lists held by the City utility of which they are customers.
15. Client records maintained by the City under any domestic violence program as defined in RCW 70.123.020 or rape crisis center as defined in RCW 70.125.030.
16. Information that identifies a person who, while a City employee: (a) seeks advice, under an informal process established by the City, in order to ascertain his or her rights in connection with a possible unfair practice under Chapter 49.60 RCW against the person; and (b) requests his or her identity or any identifying information not be disclosed.
17. License applications under RCW 9.41.070.
18. Information revealing the identity of child victims of sexual assault who are under age.
19. Identifying information means the child victim’s name, address, location, photograph, and in cases in which the child victim is a relative or stepchild of the alleged perpetrator, identification of the relationship between the child and the alleged perpetrator.
B. The City is prohibited pursuant to the act from disclosing lists of individuals for commercial purposes. (Ord. C-1032 § 2, 2024)
2.28.060 Costs for providing copies of public records.
A. Costs for Paper Copies. A reasonable charge may be imposed for providing copies of public records and for the use by any person, of agency equipment, which charges shall not exceed the amount necessary to reimburse the agency for its actual costs directly incident to such copying. The fees for public records shall be determined by resolution of the City Council. There is no fee for inspecting public records, including inspecting records on the City’s website. Document copies provided to the requestor shall not be provided until all applicable fees, including, but not limited to, postage for mailed copies, have been received. Before making the copies or processing a customized service, the public records officer may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The City may require payment of applicable fees for the copies in an installment prior to release of the installment. The City will not charge sales tax for copies of public records.
B. Costs of Mailing. The City will 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 Airway Heights. Payment may also be made by debit or credit card subject to any applicable processing fees.
D. The City may waive any charge assessed when the public records officer determines such waiver to be in the public interest. (Ord. C-1032 § 2, 2024)
2.28.070 Review of denials of public records requests.
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 email) 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 to the City Manager or designee to conduct the review. Such person shall 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. At the conclusion of two business days after the initial denial, any person may obtain court review of denials of public records requests pursuant to the act. (Ord. C-1032 § 2, 2024)
2.28.080 Conflict with Chapter 42.56 RCW.
This chapter is intended to comply with the requirements of the act and shall in no way be construed to supersede or otherwise modify the City’s obligations pursuant to the act. In the event any provision of this chapter conflicts with a provision of the act, the act shall govern. This chapter shall in no way prevent or prohibit the City from taking any action authorized pursuant to the act. (Ord. C-1032 § 2, 2024)