Chapter 2.64
INSPECTION OF PUBLIC RECORDS

Sections:

2.64.010    Town clerk.

2.64.020    Request for records.

2.64.030    Response to request.

2.64.040    Information exempt from public inspection.

2.64.050    Record research access and copy charges.

2.64.060    Alteration of costs schedule.

2.64.070    Payment of cost of transcription of verbatim written transcript for town proceedings.

2.64.080    Disclosure prohibited.

2.64.010 Town clerk.

Any reference herein to “town clerk” includes the town clerk, duty town clerk and his or her designee. (Ord. 94-02 § 8, 1994).

2.64.020 Request for records.

A. All persons desiring to inspect or receive a copy of any public record of the town must make their request to the town clerk, or his/her designee, on forms specified by the town clerk. Example set out in subsection (B) of this section.

B.

Town of Eatonville

201 Center St. W

P. O. Box 309

Eatonville, WA 98328

(360) 832-3361

REQUEST FOR/ACCESS TO
PUBLIC RECORDS

Department    
Division    

Person receiving request    
Date    

Requested by:

Name    
Date    

Physical
Address:    
                    Street             City  State  Zip

Mailing Address (if different than above)
    
     Street (or P O Box)       City   State   Zip

Telephone Number:    

If emergency request, indicate date
desired:    

RECORDS REQUESTED: (be specific)

Title of Record    

Date of Record    

Please describe below the records you are requesting and any additional information that will help us locate them for you as quickly as possible.

I certify that the lists of individuals obtained through this request for public records will not be used for commercial purposes.

Signature_________    Date_________

Number of copies_________

Number of pages_________

Per page charge_________

TOTAL CHARGE_________

(Ord. 94-02 § 1, Exhibit A, 1994).

2.64.030 Response to request.

A. Responses to requests for records will be made promptly, within five working days. If the request is for a record maintained or indexed other than in the clerk’s office the requester will be advised that their request has been forwarded to the appropriate department. All assistance necessary to help the requester shall be provided either by an employee of the town clerk’s office or of the particular department. The giving of such assistance shall not unreasonably disrupt the operation of the town or the other duties of assisting employees. If the written request includes a request for copies, a payment in accordance with the town’s fee resolution shall be paid.

B. Whenever a member of the public has requested to inspect an identifiable public record and that request has been denied, such a person may submit a written request and have such denial reviewed by the town clerk. The review of the denial by the town clerk shall be as prompt as possible. (Ord. 94-02 § 2, 1994).

2.64.040 Information exempt from public inspection.

The following, pursuant to RCW 42.17.260 and 42.17.310, shall be exempt from public inspection and copying:

A. RCW 42.17.260(7) forbids public agencies from providing lists of individuals requesting for commercial purposes unless specifically authorized or directed by law, but could be available to recognized professional associations or educational organizations.

B. Records exempt from public inspection, but only to the extent required to protect a right of privacy (as that term is defined in the Act), and/or a vital governmental interest. A right of privacy is violation only if disclosure: (1) would be highly offensive to a reasonable person and, (2) is not of legitimate concern to the public (RCW 42.17.255). RCW 42.17.310 grants a qualified exemption for certain specific classes, including:

1. Personal information and any files maintained for prisoners;

2. Personal information and any files maintained for town employees, appointees or elected officials to the extent the disclosure would violate their right to privacy (as to whether the information pertains to the public’s business versus the individual’s business and must be decided on a case by case basis);

3. Information required of any taxpayer or town license holder in connection with the assessment or collection of any tax or license fee if the disclosure of the information to other persons would violate the tax payer or licensee’s right to privacy or would result in unfair competitive disadvantage to such tax payer or licensee;

4. 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;

5. Information revealing the identity of persons who file complaints with investigative, law enforcement or penology agencies, if disclosure would endanger any person’s life, physical safety or property, or if the complainant has indicated a desire for nondisclosure;

6. Test questions, scoring keys and other examination data used to administer license, employment or civil service examination;

7. Except as provided by Chapter 8.26 RCW, the contents of any real estate appraisals made for or by any agency, including the town, relative to the acquisition of the property by the town until the project is abandoned or until such time as all of the property has been acquired, but in no event shall disclosure be denied for more than three years after the date of the appraisal;

8. Valuable formulas, designs, drawings and research data obtained or produced by the town, its officers, employees and agents within five years of any request for disclosure thereof, when disclosure would produce private gain and public loss;

9. Preliminary drafts, notes, recommendations and intra-agency memorandums in which opinions are expressed or policies formulated or recommended, except that a specific record shall be exempt when publicly cited by an agency in connection with any agency action;

10. Records which are relevant to a controversy to which the town or any of its officers, employees or agencies 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;

11. Lists of individuals requested for commercial purposes;

12. Any public record access which the Pierce County superior court has found would damage any person or vital governmental function;

13. Residential addresses or telephone numbers of town utility customers;

14. Applications for employment, including name of applicant, resume and other related material submitted with respect to an applicant.

C. The exemptions of this section shall be inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption shall be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons. Denial of request form is set out in subsection (D) of this section.

D.

Town of Eatonville

201 Center St. W

P. O. Box 309

Eatonville, WA 98328

(360) 832-3361

DENIAL OF REQUEST FOR ACCESS TO PUBLIC RECORDS

The Town of Eatonville has this date received the request of _________ for access to a public record. In response to this request, the Town is refusing to allow inspection/copying of _________(identify public record). This material is withheld pursuant to RCW 42.17.310, Section_________. Brief explanation of how exemption applies to the record withheld _________. These exemptions authorize the withholding of specific portions of the public record. The public record to which access was requested is exempt from disclosure requirements. Therefore, the request for access to the above described record is denied.

CERTIFICATION: I certify under penalty of perjury that on _________ I hand delivered/mailed to _________ at _________ the Denial of Request of Access document on which this certification appears.

Date_______________    Date_________

Signature    Title

(Ord. 94-02 § 3, Exhibit B, 1994).

2.64.050 Record research access and copy charges (set by resolution).

A. Copies of any disclosable public record (or portions thereof) including, but not limited to, maps, reports, codes, plans and tape recordings, shall be made and provided by the town upon written request and payment of the cost incidental to reproducing the same. The clerk, in consultation with the appropriate departments, is directed to prepare and have on file as a public document a schedule of such costs of reproduction. In determining the cost of reproduction, all costs incident to such reproduction shall be includable factors, including labor and mailing costs.

B. Where the request is for a certified copy, there shall be an additional charge to cover the additional expense and time required for certification.

C. Payment for the cost of reproduction of all public records shall be made at the time the request for public records is submitted to the town clerk. If there is uncertainty as to the amount required, the amount tendered shall be based upon estimates established by the town clerk according to fees in the fee resolution and based on an estimate of time to accomplish the written request. If the actual amount of the 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 cost, the balance shall be refunded as soon as possible after delivery of the copy or copies. Except as specifically provided herein, there shall be no refunds. (Ord. 94-02 § 4, 1994).

2.64.060 Alteration of costs schedule.

When a change in the cost schedule, as established by resolution, is required, the town clerk, in consultation with appropriate department(s), shall prepare a new resolution for modification recommendation to the town council. (Ord. 94-02 § 5, 1994).

2.64.070 Payment of cost of transcription of verbatim written transcript for town proceedings.

A. Whenever the town is required to prepare a verbatim written transcript of any proceeding of the town 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. The party filing such action shall pay to the town clerk the estimated cost of the preparation of the transcript (as established by the town clerk), including copying costs and the town clerk shall thereafter make a provision for the preparation of the transcript.

B. Should the actual cost incurred by the town, in preparation of the transcript, exceed the amount deposited with the town clerk, the party making such deposit shall be required to reimburse the town for such additional amount within 10 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 town be less than the estimated cost deposited, such credit due shall be reimbursed by the town to the party making the deposit. (Ord. 94-02 § 6, 1994).

2.64.080 Disclosure prohibited.

The town shall not be required to permit public inspection and/or copying of any record to the extent public disclosure is prohibited, restricted or limited by state or federal laws. (Ord. 94-02 § 7, 1994).