Chapter 2.64


2.64.010    Public records available.

2.64.020    Creation of new records.

2.64.030    Public records officer.

2.64.040    Office hours.

2.64.050    Request for public records.

2.64.060    Copying.

2.64.070    Exemptions.

2.64.080    Protection of public records.

2.64.090    Index of public records available.

2.64.100    Address for requests.

2.64.010 Public records available.

All public records of the city are deemed to be available for public inspection and copying pursuant to this policy except as otherwise provided by RCW 42.17.260(5), 42.17.310, or other statute which exempts or prohibits disclosure of specific information or records; provided, that this policy shall not apply to criminal history record information as defined by RCW 10.97.030(1). [Ord. 1402 § 2, 2006.]

2.64.020 Creation of new records.

The city is not required to collect information or organize data to create a record not existing at the time of the request. [Ord. 1402 § 2, 2006.]

2.64.030 Public records officer.

The city’s public records shall be in the charge of the public records officer, who shall be: (1) police department records – the police records clerk; (2) fire department records – the fire department secretary; (3) all other records – the city clerk or deputy city clerk. The designated individual shall be responsible for implementation of the city’s rules and regulations regarding the release of public records, coordinating with other city staff in this regard and generally ensuring compliance by staff with the public records disclosure requirements of Chapter 42.17 RCW. [Ord. 1402 § 2, 2006.]

2.64.040 Office hours.

Public records shall be available for inspection and copying during the customary office hours of the city. For the purposes of this policy, the customary hours shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays. [Ord. 1402 § 2, 2006.]

2.64.050 Request for public records.

In accordance with requirements of Chapter 42.17 RCW that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copies of such records may be obtained by members of the public upon compliance with the following procedures:

(1) A request shall be made in writing upon a form prescribed by the city which shall be available at City Hall or in another written format that contains the required information. The form shall be presented to the designated public records officer. Each department may designate certain “over the counter” records available to the public for immediate inspection without the requirement of a formal public records request. The request shall include the following information:

(a) The name of the person requesting the record;

(b) The time of day and calendar date on which the request was made;

(c) The nature of the request;

(d) A description of the record requested; and

(e) A signed statement verifying that if a list of individuals maintained by the city is requested, the requested list will not be used for commercial purposes.

(2) In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made to assist the member of the public in appropriately identifying the public records requested.

(3) Responses to requests for public records shall be made promptly. Within five business days (not including the date of receipt) of receiving a public record request, the city should 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.

Additional time required to respond to a request may be based upon 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. In acknowledging receipt of a public record request that is unclear, 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. Denials of requests must be accompanied by a written statement of the specific reasons therefor. Denials should be reviewed by the city attorney prior to being issued.

A public disclosure request is not continuing in nature. In the event additional records are created after the date of the requestor’s original public records request, the requestor will need to submit a new request. [Ord. 1402 § 2, 2006.]

2.64.060 Copying.

No fee shall be charged for the inspection of public records. The city shall charge a fee for providing copies of public records and for the use of the city’s copy equipment. The charge shall be the amount necessary to reimburse the city for its actual costs incident to such copying, which is determined to be $0.15 per letter or legal size page. The copy machine will be operated by staff persons only, as public use of the copy machine would unreasonably disrupt the operations of the city. The cost of copies of other types of media will be determined on a case-by-case basis.

Large records requests may be provided in installments. Failure to review or pick up any installment will relieve the city from continuing to fulfill the request.

The city may charge a 10 percent deposit on the estimated cost of copying. [Ord. 1402 § 2, 2006.]

2.64.070 Exemptions.

(1) Pursuant to RCW 42.17.310(2), the city reserves the right to delete or redact identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by RCW 42.17.310.

(2) All denial of requests for public records must be accompanied by a written statement specifying the reason for denial, including a statement of the specific exemption authorizing this withholding of the record and a brief explanation of how the exemption applies to the record withheld.

(3) The city will not give, sell or provide access to statutorily exempt records, including, but not limited to, the following list:

(a) Lists of persons and addresses requested for commercial purposes, if such information is exempt from disclosure by RCW 42.17.260(7);

(b) Personal information in files maintained for its employees, appointees, or elected officials to the extent that disclosure would violate their right to privacy. RCW 42.17.310(1)(b);

(c) 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 (i) be prohibited to such persons by RCW 82.23.330, or (ii) violate the taxpayer’s right to privacy or result in unfair competitive disadvantage to the taxpayer. RCW 42.17.310(1)(f);

(d) The contents of real estate appraisals, except as provided by Chapter 8.26 RCW, made for and by the city relative to the acquisition of 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 date of the appraisal. RCW 42.17.310(1)(g);

(e) Valuable formulas, 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. RCW 42.17.310(1)(h);

(f) 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. RCW 42.17.310(1)(i);

(g) 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. RCW 42.17.310(1)(j);

(h) Financial and commercial information records supplied by businesses or individuals during application for loans or program services provided by Chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;

(i) Applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant. RCW 42.17.310(1)(t);

(j) The residential addresses and residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, Social Security numbers and emergency contact information of employees or volunteers of the city and the names, dates of birth, residential addresses, residential telephone numbers, personal wireless telephone numbers, personal electronic mail addresses, Social Security numbers and emergency contact information of dependents of employees or volunteers of the city, which are held by the city in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of the city. RCW 42.17.310(1)(u);

(k) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking co-certification under Chapter 31.24 RCW;

(l) Information revealing the identity of persons who are witnesses to or victims of a crime or who file complaints with investigative, law enforcement or penology agencies, if disclosure would endanger any person’s life, physical safety or property; provided, that if at the time the complaint is filed, the complainant, victim or witness indicated a desire for disclosure or nondisclosure, such desire shall govern; RCW 42.17.310(1)(e);

(m) Specific intelligence information and specific investigative files compiled by investigative law enforcement and penology agencies and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person’s right to privacy; RCW 42.17.310(1)(d);

(n) Test questions, scoring keys and other examination data used to administer a license or employment examination, including civil service examinations; RCW 42.17.310(1)(f);

(o) The residential addresses and telephone numbers of the customers of city utilities contained in the records of lists held by such utilities; RCW 42.17.310(1)(v);

(p) Client records maintained by the city under its domestic violence program as defined in RCW 70.123.020 or rape crisis center records as defined in RCW 70.125.030;

(q) Any record which is exempt from disclosure under state or federal law. [Ord. 1402 § 2, 2006.]

2.64.080 Protection of public records.

No records shall be removed from the city office except by written permission of the public records officer to whom the request was made under such conditions as are required to protect the records from damage or disorganization. No record may be marked, folded or damaged in any way, nor may any record be removed from any file to which it is attached, nor may the records filing order be damaged in any way. Inspection of records will be supervised by a member of the staff of the city. [Ord. 1402 § 2, 2006.]

2.64.090 Index of public records available.

(1) The city has available to all persons:

(a) Index of all resolutions and ordinances passed by the city council; and

(b) Index of minutes of the public meetings of the city council.

(2) The city council has determined that it would be unduly burdened to maintain an itemized index of all city records, except as set forth herein, due to fiscal and personnel limitations. [Ord. 1402 § 2, 2006.]

2.64.100 Address for requests.

All communications with the city are to be addressed to:

City of Clarkston

City Hall

830 5th Street

Clarkston, WA 99403

[Ord. 1402 § 2, 2006.]