CHAPTER 8
PUBLIC RECORDS
SECTION:
1-8-2: Regulations For Disclosure
1-8-4: Disclosure Of Public Records
1-8-8: Inspection And Copying Procedure
1-8-9: Charges For Copies Of Public Records
1-8-1 DEFINITIONS:
|
PUBLIC RECORD: |
Includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any city agency regardless of physical form or characteristics. |
|
WRITING: |
Handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation, including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. (Ord. 716, 5-9-2005) |
1-8-2 REGULATIONS FOR DISCLOSURE:
This chapter constitutes the city’s rules and regulations to carry out and implement Revised Code of Washington chapter 42.17, the public records disclosure act. The city shall not be required by this chapter to permit public inspection and copying of any record to the extent that public disclosure of the record is prohibited or restricted by any law, including, but not limited, to the Washington state criminal records privacy act1, laws relating to juvenile justice or care agency records2 or laws pertaining to records of motor vehicle accidents or abandoned vehicles3. (Ord. 716, 5-9-2005)
1-8-3 PUBLIC RECORDS INDICES:
A. Findings:
1. The Revised Code of Washington requires all cities and public agencies to maintain and make available a current index of all public records.
2. The Revised Code of Washington also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
3. When such an order is made, all indices maintained by that city must be made available to provide identifying information on those records which are available for inspection and/or copying.
4. The city is comprised of four (4) departments, their divisions and subdivisions, which maintain separate databases and/or recordkeeping systems for the indexing of records and information.
5. 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.
6. The city will fully comply with the provisions of the Revised Code of Washington as they relate to the public disclosure act, under Revised Code of Washington chapter 42.17.
B. Council Orders: Based upon the findings set forth in subsection A of this section, and pursuant to Revised Code of Washington 42.17.260(4)(a), the city council orders the following:
1. The city is not required to maintain an all inclusive index of public records, due to findings of the city council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain.
2. The city shall make available all public records and any indices created for internal use upon request by any citizen. Said indices shall be maintained and released in order to obtain those records which are public and not protected by the exemption portion of the statute, namely Revised Code of Washington 42.17.310. (Ord. 725, 5-23-2005)
1-8-4 DISCLOSURE OF PUBLIC RECORDS:
Unless otherwise exempt from disclosure by this chapter or by other applicable law, public records shall be made available for inspection and copying in accordance with this chapter. (Ord. 716, 5-9-2005)
1-8-5 COPYRIGHT ENFORCEMENT:
Computer software and special applications for computer software developed by city officers and employees in the course of their employment are owned by the city pursuant to 17 USC sections 101 and 201. The city will make available to all requesters a license to use such software so as to make use of all public data. (Ord. 716, 5-9-2005)
1-8-6 MAINTENANCE OF RECORDS:
A. Clerk-Treasurer: All substantive and procedural rules of general applicability including, but not limited to, ordinances and resolutions of the city council, minutes of regular meetings of the city council and statements of general policy, and all public contracts, deeds, easements and leases, shall be maintained in the office of the city clerk-treasurer for use by the city and the general public.
B. City Departments: All other records of the city relating to the specific function or responsibility of a particular city department shall be maintained for the use of the department and the general public in the office of the department. The city department shall maintain and make available for public inspection and copying the following records:
1. Final opinions and orders made in the adjudication of cases;
2. Statements of policy and interpretations of policy which the city has adopted;
3. Administrative staff manuals and instructions to staff that affect a member of the public;
4. Planning policies and goals, and interim and final planning decisions;
5. Factual staff reports and studies, factual consultants reports and studies, scientific reports and studies and any other factual information derived from tests, studies, reports or surveys, whether conducted by public employees or others; and
6. Correspondence, and materials referred to therein, by and with the city relating to any regulatory, supervisory or enforcement responsibilities of the city, whereby the city determines, opines upon, or is asked to determine or opine upon, the rights of the state, the public, a subdivision of state government or any private party. (Ord. 716, 5-9-2005)
1-8-7 EXEMPTIONS:
A. Exemptions: The following are exempt from public inspection and copying:
1. Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
2. 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:
a. Be prohibited to such persons by Revised Code of Washington 84.08.210, 82.32.330, 84.40.020, or 84.40.340; or
b. Violate the taxpayer’s right to privacy (as defined in Revised Code of Washington 42.17.255) or result in unfair competitive disadvantage to the taxpayer.
3. Specific intelligence information and specific investigative records 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 (as defined in Revised Code of Washington 42.17.255).
4. Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person’s life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern.
5. Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
6. Except as provided by Revised Code of Washington chapter 8.26, the contents of real estate appraisals, made for or by any agency relative to the acquisition 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 (3) years after the appraisal.
7. Valuable formulas, designs, drawings, computer source code or object code, and research data obtained by any agency within five (5) years of the request for disclosure when disclosure would produce private gain and public loss. This provision shall not apply to include computer software and special applications for computer software developed by city officers and employees in the course of their employment.
8. 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.
9. Records which are relevant to a controversy to which an agency 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.
10. Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
11. Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
12. Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by Revised Code of Washington chapters 43.160, 43.163, 43.168 and 43.330.
13. All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
14. The residential addresses or residential telephone numbers of employees or volunteers of the city which are held in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of the city.
15. The residential addresses and residential telephone numbers of the customers of a city utility contained in the records or lists held by the city utility of which they are customers.
16. Records maintained by the city under a domestic violence program as defined in Revised Code of Washington 70.123.020 or 70.123.075 or a rape crisis center as defined in Revised Code of Washington 70.125.030.
17. Information that identifies a person who, while a city employee: a) seeks advice, under an informal process established by the city, in order to ascertain his or her rights in connection with a possible unfair practice under Revised Code of Washington chapter 49.60 against the person; and b) requests his or her identity or any identifying information not be disclosed.
18. Any records of investigative reports prepared by city law enforcement pertaining to sex offenses contained in Revised Code of Washington chapter 9A.44 or sexually violent offenses as defined in Revised Code of Washington 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to Revised Code of Washington 40.14.070(2)(b).
19. Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law.
20. Any other records or information within records that is exempt from disclosure under Revised Code of Washington 42.17.310 or other applicable law.
B. Application Of Exemptions: The exemptions of this section are 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 may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
C. Copying Exempted Records; Hearing: Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the Pierce County superior court finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual’s right of privacy or any vital governmental function.
D. Statement Of Specific Exemption: City responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld. (Ord. 716, 5-9-2005)
1-8-8 INSPECTION AND COPYING PROCEDURE:
A. Public Records Officer: The city clerk-treasurer shall serve as the city’s public records officer, and as the point of contact for members of the public in requesting disclosure of public records. The city clerk-treasurer shall oversee the city’s compliance with the public records disclosure requirements of this chapter and other applicable law.
B. Request To Inspect Or Copy: Persons wishing to inspect or copy city records shall make such request to the city clerk-treasurer. The city clerk-treasurer shall provide assistance necessary to help the requester locate the particular record. The provision of such assistance shall not unreasonably disrupt normal city operations.
C. Availability Of Records: Public records shall be available for inspection and copying, and the city shall, upon request for identifiable public records, make them promptly available to any person including, if applicable, on a partial or installment basis, as records that are part of a larger set of requested records are assembled or made ready for inspection or disclosure. The city shall not deny a request for identifiable public records solely on the basis that the request is overbroad. The city clerk-treasurer shall not distinguish among persons requesting records. Persons requesting records shall not be required to provide information as to the purpose for the request, except insofar as the purpose may be necessary for the city to establish whether permitting the inspection, copying or disclosure would violate Revised Code of Washington 42.17.260(9) or other applicable law.
D. City Decision; Notice To Requester: Upon receiving an oral or written request to inspect or copy a public record, the city shall, within five (5) business days of receipt of the request, notify the requester in writing by mail of the city’s decision to:
1. Grant the request by permitting inspection of the records requested and/or by providing copies of the requested records (subject to any applicable copying charges as set forth in this chapter).
2. Deny the request, setting forth the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.
3. Deny the request in part, by deleting, redacting or otherwise excluding any information within the requested records that is legally exempt from disclosure or that would violate personal privacy or vital governmental interests if disclosed, setting forth the specific exemption authorizing the withholding of the part(s) of the withheld and a brief explanation of how the exemption applies to the part(s) of the record withheld.
4. Any denial of all or part of a request for public records shall be reviewed by the city attorney. Such review shall be deemed complete at the end of the second business day following the denial of the request and shall constitute final city action for purposes of judicial review. (Ord. 728, 7-11-2005)
1-8-9 CHARGES FOR COPIES OF PUBLIC RECORDS:
The city may impose on a requester of records a reasonable charge for providing copies of any nonexempt and disclosable public records requested. Such reasonable charge shall be the Public Records Act default copying fee schedule as set forth in RCW 42.56.120 and in the city of Roy fee schedule. Upon request the city shall provide a reasonable estimate of the applicable charges before copies are made, and the requester may revise the request to reduce the number of copies, and thus the applicable charges. The city may require a deposit in an amount not to exceed ten percent (10%) of the estimated cost of providing copies for a request. 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 city is not obligated to fulfill the balance of the request. The city may waive any of the charges imposed by this section and provide copies of city records at no charge if such action is in the best interests of the city. The city may enter into a contract, memorandum of understanding or other agreement with a requester for an alternative fee arrangement, or in response to a voluminous or frequently occurring request. (Ord. 728, 7-11-2005; Ord. 952, 11-27-2017)
RCW ch. 10.97.
RCW ch. 13.50.
RCW ch. 46.52.