Chapter 2.10
INSPECTION OF PUBLIC RECORDS

Sections:

2.10.010    Clerk-treasurer defined.

2.10.020    Request for records.

2.10.030    Response to request.

2.10.040    Information exempt from public inspection.

2.10.050    Costs of providing copies of public records.

2.10.060    Alteration of cost schedule.

2.10.070    Costs – Court transcripts.

2.10.010 Clerk-treasurer defined.

Any reference in this chapter to “city clerk-treasurer” includes the city clerk-treasurer and his or her designee. (Ord. 575, 1990)

2.10.020 Request for records.

All persons desiring to inspect or receive a copy of any public record of the city must make their request to the city clerk-treasurer, on forms specified by the city clerk-treasurer. (Ord. 575, 1990)

2.10.030 Response to request.

A. Responses to requests for records will be made promptly. If the request is for a record maintained or indexed other than in the clerk-treasurer’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 city clerk-treasurer’s office or of the particular department. The giving of such assistance shall not unreasonably disrupt the operation of the city or the other duties of assisting employees. If the written request includes a request for copies, a payment in accordance with the city’s fee schedule 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 city clerk-treasurer. The review of the denial by the city clerk-treasurer shall be as prompt as possible. (Ord. 575, 1990)

2.10.040 Information exempt from public inspection.

A. The following shall be exempt from public inspection and copying:

1. Personal information and any files maintained for prisoners;

2. Personal information and any files maintained for city employees, appointees or elected officials to the extent the disclosure would violate their right to privacy;

3. Information required of any taxpayer or city 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 taxpayer’s or licensee’s right to privacy or would result in unfair competitive disadvantage to such taxpayer 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 city, relative to the acquisition of property by the city 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 city, 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 memoranda in which opinions are expressed or policies formulated or recommended, except that a specific record shall not 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 city or any of its officers, employees or agents is a party, but which records would not be available to another party under the rules of pretrial discovery for cases pending in the superior courts;

11. Any library record which could disclose the identity of a user of library materials;

12. Lists of individuals requested for commercial purposes;

13. Any public record access which the county superior court has found would damage any person or vital government function;

14. Residence address and telephone number of city employees or volunteers;

15. Residence address and telephone number of city utility customers;

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

The exemptions of this subsection 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.

B. The city 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. 575, 1990)

2.10.050 Costs of providing copies of public records.

A.    There is no fee for inspecting public records, including inspecting records on the city’s website.

B.    The city is not calculating actual costs for copying its records because to do so would be unduly burdensome for the following reasons: the city does not have the resources to conduct a study to determine actual copying costs for all its records and to conduct such a study would interfere with other essential city functions. Consistent with the Public Records Act, the city accordingly adopts the State Legislature’s approved fees and costs for most of the city’s records as authorized in RCW 42.56.120 as now in effect and as may subsequently be amended, and as may otherwise be published in the city’s fee schedule.

C.    The fee schedule is available at: City Hall, 112 2nd Street, Langley, WA 98260 and on the city website at www.LangleyWA.org.

D.    Pursuant to RCW 42.56.120(2), if a requestor asks, the city will provide a summary of the applicable charges before any copies are made, and the requestor may revise the request to reduce the number of copies to be made and reduce the applicable charges.

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

F.    Before beginning to make the copies or processing a customized service, the public records officer or designee may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The public records officer or designee may also require the payment of the remainder of the copying costs before providing all the records or may require the payment of the costs of copying an installment before providing that installment. The city will not charge sales tax when it makes copies of public records.

G.    The city may also charge actual costs of mailing, including the cost of the shipping container.

H.    For administrative convenience, the city will waive copying charges for public records if the total charges are less than $3.00 per request.

I.    Payment may be made by cash or check, made payable to “City of Langley.” The city will close a request when a requestor fails to make payment by the payment due date in the manner prescribed for records, an installment of records, or a required deposit. (Ord. 1099 § 1, 2022; Ord. 575, 1990)

2.10.060 Alteration of cost schedule.

When a change in the established cost schedule is required, the city clerk-treasurer, in consultation with appropriate department(s), shall change the schedule by filing a new schedule. (Ord. 575, 1990)

2.10.070 Costs – Court transcripts.

A. Whenever 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. The party filing such action shall pay to the city clerk-treasurer the estimated cost of the preparation of the transcript (as established by the city clerk-treasurer), including copying costs and the city clerk-treasurer shall thereafter make a provision for the preparation of the transcript.

B. Should the actual cost incurred by the city in preparation of the transcript exceed the amount deposited with the city clerk-treasurer, the party making such deposit shall be required to reimburse the city 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 city be less than the estimated cost deposited, such credit due shall be reimbursed by the city to the party making the deposit. (Ord. 575, 1990)