Chapter 1.30
COPIES, CERTIFICATIONS AND TRANSCRIPTIONS OF CITY RECORDS

Sections:

1.30.005    Maintenance of city-wide index.

1.30.010    Form for request.

1.30.020    Response or denial of request.

1.30.030    Certain records exempt.

1.30.040    Copying fees.

1.30.050    Transcriptions.

1.30.060    Certification fees.

1.30.070    Modifications to fees and charges.

1.30.005 Maintenance of city-wide index.

The city council finds that it is unduly burdensome to maintain a city-wide index of public records and that to attempt to maintain such an index would be disruptive to the city’s operations. (Ord. 1394 § 2, 2009).

1.30.010 Form for request.

All persons except for city elected officials and city appointed officers or employees desiring to inspect or receive a copy of any public record of the city must make their request to the city clerk on forms specified by the city clerk. The city clerk may waive this requirement for governmental agencies requesting courtesy copies of city records for purposes that are nonadversarial to the city. (Ord. 1180 § 1 (part), 2000).

1.30.020 Response or denial of request.

Responses to requests for public records shall be made promptly and pursuant to guidelines established in Chapter 42.56 RCW as the same exists now or may hereafter be amended. Within five business days of receiving a written public record request, the city must respond by either:

A. Providing the record;

B. Acknowledging that the city has received the request and providing a reasonable estimate of the time the city will require to respond to the request; or

C. Denying the public record request. Denials must be accompanied by a written statement of specific reasons therefor.

Additional time required to respond to a request may be based on the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. The city may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the city need not respond to it. (Ord. 1394 § 3, 2009: Ord. 1180 § 1 (part), 2000).

1.30.030 Certain records exempt.

The city adopts all exemptions to the disclosure of public records set out in Chapter 42.56 RCW, as the same exists now or may be hereafter amended. (Ord. 1394 § 4, 2009: Ord. 1180 § 1 (part), 2000).

1.30.040 Copying fees.

No fee shall be charged for the inspection of public records. Any person who requests a copy of any public record from the city clerk shall pay to the city clerk or a designee of the city clerk a photocopying charge. Payment for the cost of reproduction of all public records shall be made at the time the request for public records is submitted. If there is uncertainty as to the amount required, the amount tendered shall be based upon the rates and charges adopted by resolution of the city council pursuant to this chapter. If the actual amount of the cost of reproduction exceeds the amount tendered, the balance shall be paid upon delivery of the requested copy or copies. In the event the amount tendered exceeds the actual costs, the balance shall be refunded by the city within a reasonable amount of time. Except as specifically provided herein, there shall be no refunds. The charges for photocopying shall be established by the city clerk and approved by resolution of the city council. In the event the city retains the use of outside services to make copies of records, tapes and/or documents, the actual costs charged by such outside services shall be paid by the person requesting the record. Nothing herein shall be construed to apply to charges for accident reports pursuant to RCW 46.52.085.

Copying fees shall not be charged to elected officials, appointed officers or employees of the city or for reasonable amounts of courtesy copies for other governmental agencies for purposes that are nonadversarial to the city. (Ord. 1180 § 1 (part), 2000).

1.30.050 Transcriptions.

The following procedures shall apply unless inconsistent with an order of the Chelan County superior court:

A. When the city is required to prepare a verbatim written transcript of any proceeding of the city in response to a writ of review or other action filed in the superior court or any other state or federal court, the cost of preparing the same shall be borne by the party filing the action pursuant to rates and charges as proposed by the city clerk and approved by resolution of the city council. The party filing such action shall pay to the city clerk the estimated costs, as determined by the city clerk, of the preparation of the transcript based on the aforementioned rates and charges, including copying costs and the city clerk shall thereafter have the transcript prepared.

B. Should the actual cost incurred by the city in the preparation of the transcript exceed the amount deposited with the city clerk, the party making such deposit shall be required to reimburse the city for such additional amount within ten days of notification that such amount is due or prior to the time the transcript is required to be filed with the court, whichever occurs first. Should the actual cost incurred by the city be less than the estimated cost deposited, such credit due shall be reimbursed by the city to the party making the deposit. (Ord. 1180 § 1 (part), 2000).

1.30.060 Certification fees.

The city clerk shall establish fees for the certification of public records and such fees shall be effective upon approval by resolution of the city council. The city clerk shall determine the manner in which, as consistent with applicable law, records and groups of records are to be certified. (Ord. 1180 § 1 (part), 2000).

1.30.070 Modifications to fees and charges.

All fees and charges identified in this chapter may be modified by the city clerk as approved by resolution of the city council. All fees and charges established pursuant to this chapter shall reflect the actual costs of the services provided. (Ord. 1180 § 1 (part), 2000).