Chapter 1.14 PUBLIC RECORDS

B. RCW 42.56.070(4) provides that if maintaining such an index would be unduly burdensome, a city need not maintain such an index but it must issue and publish a formal order specifying the reason why and the extent to which compliance would be unduly burdensome.

C. The city is comprised 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 and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records.

E. The city produces or receives an uncountable number of records each day and maintains an uncountable number of records in numerous city files.

F. The development and maintenance of a central index would be extremely costly and would provide little benefit to the public compared to the expense in maintaining the index.

G. The city’s revenues and operations do not allow for the addition, revision, or reassignment of duties of existing personnel, or additional staff, so that an index may be developed and maintained.

H. Pursuant to Chapter 42.56 RCW, the city will disclose all public records, including any indexes that are maintained by the city to the extent such records or indexes are not exempt from disclosure pursuant to Chapter 42.56 RCW or other applicable laws. [Ord. 989B, 2018.]

1.14.020 Public records index – Order – Maintenance not required.

Pursuant to RCW 42.56.070(4), the city council orders the following:

A. The city is not required to maintain a current index of public records due to findings of the city council that the requirement to do so is unduly burdensome and would interfere with city operations and such a list is nearly impossible to create and/or maintain; and

B. Pursuant to Chapter 42.56 RCW, the city shall disclose all public records and any indexes of public records maintained by the city to the extent such records are not exempt from disclosure pursuant to Chapter 42.56 RCW or other applicable laws. [Ord. 989B, 2018.]

1.14.030 Public records disclosure – Purpose.

A. The purpose of the Public Records Act is to provide the public with full access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of efficient administration of government. The Public Records Act provides a statutory framework by which to administer access to public records. The purpose of this chapter is to establish the procedure for obtaining public records from the city as required by Chapter 42.56 RCW, as currently enacted or hereafter amended.

B. The information contained in this document is designed to aid both those requesting public records and those responding to records requests. The document should assist in guiding expectations of requesters and providing notice of a mechanism by which to appeal a records decision, if necessary. [Ord. 989B, 2018.]

1.14.040 Reference.

A. Chapter 42.56 RCW, Public Records Act.

B. Chapter 44-14 WAC, Public Records Act – Model Rules. [Ord. 989B, 2018.]

1.14.050 Public records officer – Responsibility/authority.

A. The city clerk is the designated public records officer. The city’s public records officer will oversee compliance with the Public Records Act and these procedures. The city’s public records officer may delegate the responsibilities of processing requests to other staff. Departments may also designate records coordinators within specific departments to facilitate access to public records within that department, so long as each coordinator is identified to the public records officer.

B. City staff will provide assistance to requesters, reasonably ensure that public records are protected from damage or disorganization and prevent fulfilling public records requests from causing excessive interference with essential functions of the city. Assigned city staff will be responsible and held accountable to meet the city’s responsibilities of this policy. Failure to do so will result in disciplinary actions. [Ord. 989B, 2018.]

1.14.060 Definitions – Adoption by reference.

The definitions set forth in Chapter 42.56 RCW, as presently adopted and as may be subsequently amended, are hereby adopted by reference, together with all amendments and additions provided in this chapter. [Ord. 989B, 2018.]

1.14.070 Municipal services and central office.

The city provides a full range of traditional municipal services through various departments. City Hall, the central office, is located at 350 N Market Blvd, Room 101, Chehalis, WA 98532, and several field offices exist throughout the city. A city organizational chart is included under CMC 1.14.230. Any person wishing to request access to public records from a single department may make the request to that individual department’s records coordinator or may make a request to the public records officer. Any person seeking assistance in making a request which includes more than one department should contact the public records officer:

City Clerk – Public Records Officer

City of Chehalis

350 N Market Blvd., Room 101

Chehalis, WA 98532

Phone: 360-345-1042

Fax: 360-748-0651

cfoley@ci.chehalis.wa.us

[Ord. 989B, 2018.]

1.14.080 Availability of public records.

A. Many records are available on the city’s website at www.ci.chehalis.wa.us. Requesters are encouraged to view the documents available on the website prior to submitting a records request.

B. Public records are generally available for inspection and copying during normal business hours of Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding legal holidays. Records must be inspected at a city office. Requesters are prohibited from removing records from city offices.

C. The city will maintain its records in a reasonably organized manner, and take reasonable actions to protect records from damage and disorganization. [Ord. 989B, 2018.]

1.14.090 Making request for public records.

A. While requesters are not required to specifically name the Public Records Act, they must give reasonable notice that the request is being made pursuant to the Act.

B. Requesters must request identifiable records or classes of records that the city can reasonably locate even though they are not required to specifically state the exact record sought. For example, using inexact phrases such as “relating to” a topic (such as “all records relating to the property tax increase”) will need clarification from the requester to determine what records fairly and directly address the topic.

C. Any person wishing to inspect or request public records of the city shall make the request in writing on the city’s request form. A form is available for use by requesters at the office of the public records officer and online at http://ci.chehalis.wa.us/forms/cityclerk. Requests may be made in person, by mail, by fax, or by email to the designated records officer set forth in CMC 1.14.070. Email requests must include the following information:

1. Name of requester;

2. Date of request;

3. Phone, mailing address, and email address of requester;

4. Adequate identification of the public records being requested (e.g., title/dates, if known);

5. Location (department) of the requested records, if known;

6. Whether the requester intends to inspect the records or obtain copies of the records; and

7. Method by which the city should contact requester.

D. City staff will request that a public records request form be completed. The public records request form is available at http://ci.chehalis.wa.us/forms/cityclerk. However, if the request is by telephone or the requester is in need of assistance, responding staff will confirm receipt of the information and the substance of the request in writing by entering the request information into the city’s tracking system on the requester’s behalf.

E. If the record(s) requested is not easily identified, may be kept by multiple departments, or the requester is unsure of where to file the request, the requester should direct the request to the city clerk’s office.

F. Affected staff will be advised by records coordinators to retain possession of records covered by public records requests, including any records that may be scheduled for destruction. City staff may not destroy or otherwise delete covered records until the request is fulfilled.

G. A requester is not typically required to state the purpose of the request. However, in instances where additional information is required by law or in an effort to clarify or prioritize a request and provide responsive records, the public records officer or designee may inquire about the nature or scope of the request.

H. The city may deny a bot request that is one of multiple requests from the requester to the city within a 24-hour period, if the city establishes that responding to the multiple requests would cause excessive interference with other essential functions of the city. A “bot request” is a request for public records that the city believes was automatically generated by a computer program or script. [Ord. 989B, 2018.]

1.14.100 Processing public records requests.

The public records officer or designee will process requests promptly in the order allowing the most requests to be processed in the most efficient manner.

A. Within five business days of receipt of the request (day one is the first working day after the request is received), the public records officer or designee will do one or more of the following:

1. Provide the records;

2. Provide the records for inspection and copying;

3. Provide an internet address/link to the city website where the records can be accessed. Requesters who cannot access the internet must be provided copies of the record or allowed to view the record on a city computer;

4. Acknowledge receipt of the request and provide a reasonable estimate of time when the records will be available;

5. Acknowledge receipt of the request and ask for clarification if the request is unclear, and provide, to the greatest extent possible, a reasonable estimate of time to respond to the request if it is not clarified; or

6. Deny the request. The city will provide a written statement of the specific reason for a denial of public records.

If the city does not respond in writing within five business days of receipt of the request for disclosure, the requester should consider contacting the public records officer to determine the reason for the failure to respond.

B. In the event that the requested records contain information that may affect rights of others and/or may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to those persons. Such notice should be given to make it possible for those receiving the notice to seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will typically include a copy of the request.

C. Some records are exempt from disclosure, in whole or in part. If the city believes that a record or portion of a record is exempt from disclosure and should be withheld, the public records officer or designee will state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. [Ord. 989B, 2018.]

1.14.110 Inspection of public records.

A. The city will provide space for persons to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requester shall indicate which documents he or she would like copied.

B. Requesters wishing to inspect electronic records will first be directed to an internet address where the records can be accessed, if available. Records may be provided electronically or on a storage device. If the requester cannot access records in these ways, the city will provide hard copies or allow the requester to view copies on a city computer.

C. The requester must make arrangements to claim or review the assembled records within 30 days of notification that the records are available for inspection or copying.

D. If the requester 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. In the event the requester submits a new request for the same or almost identical records, the process will begin anew. [Ord. 989B, 2018.]

1.14.120 Providing copies of public records.

After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying. The requester shall pay any applicable deposit prior to copies being made. Full payment for copies must be received prior to delivery of the requested copies. [Ord. 989B, 2018.]

1.14.130 Providing records in installments.

A. When the request is for a large number of records or when a portion of responsive records is more readily available than others, the public records officer or designee may provide access for inspection and copying in installments if he or she reasonably determines that it would be practical to provide the records in that way.

B. If, within 30 days, the requester fails to inspect the available installments, the public records officer may discontinue his/her search for the remaining records and close the request. [Ord. 989B, 2018.]

1.14.140 Completion of response to inspect public records.

When the search for requested records is complete and all requested records are provided for inspection, the public records officer or designee will indicate that the city has completed a reasonable search for the requested records and made any located, nonexempt records available for inspection. [Ord. 989B, 2018.]

1.14.150 Closing withdrawn or abandoned requests.

When the requester either withdraws the request or fails to fulfill his or her obligation to timely inspect the records or fails to pay the required amount due for requested copies, the public records officer will close the request and indicate to the requester that the city has closed the request. [Ord. 989B, 2018.]

1.14.160 Later-discovered documents.

If, after the city has informed the requester that it has provided responsive records, the city becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requester of the additional documents and provide them as soon as possible. However, a public records request is not continuing in nature. If a requester desires additional records created or obtained by the city after the date of the original request, the requester must submit a new request. [Ord. 989B, 2018.]

1.14.170 Completion of request.

The city’s response to a request shall be deemed completed upon the requester’s inspection of the records or upon notification that copies of all the requested records are available for payment and delivery or pick up, or that no responsive records exist. [Ord. 989B, 2018.]

1.14.180 No duty to create new records.

The city is not obligated to create new records to satisfy a records request; however, the city may, at its discretion, create such new records to fulfill the request where the city deems that method of response more expedient. [Ord. 989B, 2018.]

1.14.190 Process of public records request – Electronic records.

A. The process for requesting electronic records is the same as for requesting public records in paper copy.

B. When a requester seeks records in an electronic format, the public records officer will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the city and is generally commercially available, or in a format that is reasonably translatable from the format in which the city keeps the record.

C. Electronic mail (email) is an informational transfer system which uses computers for sending and receiving messages. Email messages are public records when they are prepared, owned, used, or retained by the city and relate to the conduct of government or performance of any governmental or proprietary function. [Ord. 989B, 2018.]

1.14.200 Exemptions.

A. The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any “other statute” exempts or prohibits disclosure. Requesters should take note that there are many exemptions contained outside of the Public Records Act that may restrict the availability for inspection or release of some documents. Many such exemptions are listed under CMC 1.14.230. This list is for informational purposes only and failure to list an exemption shall not affect the efficacy of any exemption.

B. The city is prohibited by statute from disclosing lists of individuals for commercial purposes. [Ord. 989B, 2018.]

1.14.210 Costs of providing copies of public records.

A. The city finds that calculating the actual costs it charges for providing records would be unduly burdensome and therefore adopts the following charges for copying public records:

1. Copying Records. There will be no charge for the first 100 pages for photocopies of public records, or printed copies of electronic public records. Fifteen cents per page will be charged if the request exceeds 100 pages (e.g., 101 pages will cost $15.15).

2. Scanning Records. There will be no charge for the first 100 pages for public records scanned into an electronic format. Ten cents per page will be charged if the requests exceed 100 pages (e.g., 101 pages will cost $10.10).

3. Waived Fees. The following charges shall be waived:

a. For victims or persons involved in an incident pertaining to police records; and

b. The uploading and/or transmission of scanned records.

4. Storage Media, Supplies, Postage. The city may charge for the actual costs of any digital storage media or device, any container or envelope, and/or any postage or delivery charges.

5. Outside Copying Services. If, at the city’s discretion, materials need to be copied by an outside source, the requester will be charged the actual amount invoiced to the city by the copying vendor.

6. Customized Access. The city may include a customized service charge if a request requires the use of information technology expertise to prepare data compilations or provide customized electronic access services when such services are not used by the city for other city purposes. Said charge may reimburse the city up to the actual cost of providing the services in this section. The city may not assess said charge unless a requester has been notified that said charge is to be applied to the request, including an explanation of why said charge applies, a description of the specific expertise, a reasonable estimate cost of the charge, and provide the requester the opportunity to amend his or her request in order to avoid or reduce the cost of a customized service charge.

B. The charges in this section may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.

C. A requester may ask the city to provide, and if requested the city shall provide, a summary of the applicable charges before any copies are made. The requester may revise the request to reduce the number of copies to be made and reduce the applicable charges.

D. In the event a request is estimated to exceed $50.00, the city may require a deposit in an amount not to exceed 10 percent of the estimated cost of providing copies for a request, including a customized service charge. If the city makes a request 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 records request is not claimed or reviewed, the agency is not obligated to fulfill the balance of the request.

E. No fee shall be charged for the inspection of public records, locating public documents and making them available for copying, or for access to or downloading of records that are available on the city’s website, unless the requester specifically requests that the city provide copies of such records through other means.

F. Payments may be made by cash, check, or money order payable to the city of Chehalis. [Ord. 989B, 2018.]

1.14.220 Review of denials of public records.

A. Any person who objects to the initial denial or partial denial of a records request may petition in writing to the public records officer for a review of that decision. The petition must include a copy of or shall reasonably identify the written statement by the public records officer or designee denying the request.

B. The public records officer or designee will immediately consider the petition and either affirm or reverse the denial within two business days following the public records officer’s receipt of the petition, or within such time as the city and the requester mutually agree. [Ord. 989B, 2018.]

1.14.230 Appendices.

A. List of Exemptions.

Exemptions Under Chapter 42.56 RCW:

RCW Title

42.56.230 Personal information.

42.56.240 Investigative, law enforcement, and crime victims.

42.56.250 Employment and licensing.

42.56.260 Real estate transactions.

42.56.270 Financial, commercial, proprietary information.

42.56.280 Preliminary drafts, notes, recommendations, intra-agency memorandums.

42.56.290 Agency party to controversy.

42.56.300 Archaeological sites.

42.56.310 Library records.

42.56.320 Educational information.

42.56.330 Public utilities and transportation.

42.56.335 Public utility districts/municipally owned electrical utilities – Restrictions on access by law enforcement.

42.56.340 Timeshare, condominium, etc. owner lists.

42.56.350 Health professionals.

42.56.355 Interstate medical licensure compact.

42.56.360 Health care.

42.56.370 Client records of domestic violence program/community sexual assault programs, services for underserved populations.

42.56.380 Agriculture and livestock.

42.56.390 Emergency or transitional housing.

42.56.400 Insurance and financial institutions.

42.56.403 Property and casualty insurance statements of actuarial opinion.

42.56.410 Employment security department records.

42.56.420 Security.

42.56.430 Fish and wildlife.

42.56.440 Veterans’ discharge papers – Exceptions.

42.56.450 Check cashers and sellers licensing applications.

42.56.460 Fireworks.

42.56.470 Correctional industries workers.

Exemptions Outside the Public Records Act:

RCW Title

2.64.111 Documents regarding discipline/retirement of judges.

2.64.113 Confidentiality – Violations.

4.24.550 Information on sex offenders to public.

5.60.060 Privileged communications.

5.60.070 Court-ordered mediation records.

7.68.140 Victims’ compensation claims.

7.69A.030(4) Child victims and witnesses – Protection of identity.

7.69A.050 Rights of child victims and witnesses – Addresses.

7.75.050 Records of dispute resolution centers.

9.51.050 Disclosing transaction of grand jury.

9.51.060 Disclosure of grand jury deposition.

9.02.100 Reproductive privacy.

9A.82.170 Financial institution records – Wrongful disclosure.

10.27.090 Grand jury testimony/evidence.

10.27.160 Grand jury reports – Release to public only by judicial order.

10.29.030 Organized crime special inquiry judge.

10.29.090 Records of special inquiry judge proceedings.

10.52.100 Records identifying child victim of sexual assault.

10.77.210 Records of persons committed for criminal insanity.

10.97.040 Criminal history information released must include disposition.

10.97.050 Conviction and criminal history information.

10.97.060 Deletion of certain criminal history record information, conditions.

10.97.070 Disclosure of identity of suspect to victim.

10.97.080 Inspection of criminal record by subject.

13.32A.090 Crisis residential centers notice to parent about child.

13.34.115 Court dependency proceedings.

13.40.217 Juveniles adjudicated of sex offenses – Release of information.

13.50.010 Maintenance of and access to juvenile records.

13.50.050 Juvenile offenders.

13.50.100 Juvenile/children records not relating to offenses.

13.60.020 Missing children information.

13.70.090 Citizen juvenile review board – Confidentiality.

18.04.405 Confidentiality of information gained by CPA.

18.19.060 Notification to clients by counselors.

18.19.180 Confidential communications with counselors.

19.215.020 Destruction of personal health and financial information.

19.34.240(3) Private digital signature keys.

19.215.030 Compliance with federal rules.

26.04.175 Name and address of domestic violence victim in marriage records.

26.12.170 Reports of child abuse/neglect with courts.

26.23.050 Child support orders.

26.23.120 Child support records.

26.26.041 Uniform Parentage Act – Protection of participants.

26.26.450 Confidentiality of genetic testing.

26.33.330 Sealed court adoption records.

26.33.340 Agency adoption records.

26.33.343 Access to adoption records by confidential intermediary.

26.33.345 Release of name of court for adoption or relinquishment.

26.33.380 Adoption – Identity of birth parents confidential.

26.44.010 Privacy of reports on child abuse and neglect.

26.44.020(19) Unfounded allegations of child abuse or neglect.

26.44.030 Reports of child abuse/neglect.

26.44.125 Right to review and amend abuse finding – Confidentiality.

27.53.070 Records identifying the location of archaeological sites.

29A.08.720 Voter registration records – Place of registration confidential.

29A.08.710 Voter registration records – Certain information exempt.

Chapter 40.14 Preservation and destruction of public records.

42.23.070(4) Municipal officer disclosure of confidential information prohibited.

42.41.030(7) Identity of local government whistle-blower.

42.41.045 Nondisclosure of protected information (whistle-blower).

46.52.080 Traffic accident reports – Confidentiality.

46.52.083 Traffic accident reports – Available to interested parties.

46.52.120 Traffic crimes and infractions – Confidential use by police and courts.

46.52.130(2) Abstract of driving record.

48.62.101 Local government insurance transactions – Access to information.

50.13.060 Access to employment security records by local government agencies.

50.13.100 Disclosure of non-identifiable information or with consent.

51.28.070 Workers’ compensation records.

51.36.060 Physician information on injured workers.

60.70.040 No duty to disclose record of common law lien.

68.50.105 Autopsy reports.

68.50.320 Dental identification records – Available to law enforcement agencies.

Chapter 70.02 Medical records – Access and disclosure – Entire chapter (HC providers).

70.05.170 Child mortality reviews by local health departments.

70.24.022 Public health agency information regarding sexually transmitted disease investigations – Confidential.

70.24.024 Transcripts and records of hearings regarding sexually transmitted diseases.

70.24.105 HIV/STD records.

70.28.020 Local health department TB records – Confidential.

70.48.100 Jail records and booking photos.

70.58.055 Birth certificates – Certain information confidential.

70.58.104 Vital records, research confidentiality safeguards.

70.96A.150 Alcohol and drug abuse treatment programs.

70.123.075 Client records of domestic violence programs.

70.125.065 Records of rape crisis centers in discovery.

71.05.390 Information about mental health consumers.

Chapter 70.02 Applies to mental health records.

71.05.425 Notice of release or transfer of committed person after offense dismissal.

71.05.427 Information that can be released.

71.05.440 Penalties for unauthorized release of information.

71.05.445 Release of mental health information to department of corrections.

71.05.620 Authorization requirements and access to court records.

71.05.630 Release of mental health treatment records.

71.05.640 Access to treatment records.

71.24.035(5)(g) Mental health information system – State, county and regional support networks – Confidentiality of client records.

71.34.340 Mental health treatment of minors – Records confidential.

71.34.335 Court records for minors related to mental health treatment.

71.34.345 Release of mental health services information.

71A.14.070 Records regarding developmental disability – Confidentiality.

72.09.345 Notice to public about sex offenders.

72.09.585(3) Disclosure of inmate records to local agencies – Confidentiality.

74.04.060 Applicants and recipients of public assistance.

74.04.520 Food stamp program confidentiality.

74.09.900 Medical assistance.

74.13.121 Financial information of adoptive parents.

74.13.280 Children in out-of-home placements – Confidentiality.

74.20.280 Child support enforcement – Local agency cooperation, information.

74.34.095 Abuse of vulnerable adults – Confidentiality of investigations and reports.

82.32.330 Disclosure of tax information.

84.36.389 Confidential income data in property tax records held by assessor.

84.40.020 Confidential income data supplied to assessor regarding real property.

Selected Federal Confidentiality Statutes and Rules:

20 USC 1232g Family Education Rights and Privacy Act

42 USC 290dd-2 Confidentiality of Substance Abuse Records

42 USC 405(c)(2)(vii)(l) Limits on Use and Disclosure of Social Security Numbers

42 USC 654(26) State Plans for Child Support

42 USC 671(a)(8) State Plans for Foster Care and Adoption Assistance

42 USC 1396a(7) State Plans for Medical Assistance

7 CFR 272.1(c) Food Stamp Applicants and Recipients

34 CFR 361.38 State Vocational Rehabilitation Services Programs

42 CFR Part 2(2.1 – 2.67) Confidentiality of Alcohol and Drug Abuse Patient Records

42 CFR 431.300 – 307 Safeguarding Information on Applicants and Recipients of Medical Assistance

42 CFR 483.420 Client Protections for Intermediate Care Facilities for the Mentally Retarded

42 CFR 5106a(b)(2)(A) Grants to States for Child Abuse and Neglect Prevention and Treatment Programs

45 CFR 160 – 164 HIPAA Privacy Rule

B. Organizational Chart.

[Ord. 989B, 2018.]

1.14.240 Severability.

If any one or more sections, subsections, or sentences of the ordinance codified in this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of the ordinance codified in this chapter and the same shall remain in full force and effect. [Ord. 989B, 2018.]

1.14.250 Effective date.

The ordinance codified in this chapter shall be in full force and effective August 1, 2018, five days after publication as required by law. [Ord. 989B, 2018.]

Prior legislation: Ord. 874B.