Chapter 2.50
PUBLIC RECORDS DISCLOSURE
Sections:
2.50.027 City employee responsibilities.
2.50.030 Requests for public records.
2.50.040 Decision on Public Records Act request – Procedure for review of decision.
2.50.050 Current index requirement – Finding of nonjustification.
2.50.060 Public records officer – Appointment and duties.
2.50.070 Costs of providing copies of public records.
2.50.080 Resources devoted to public records disclosure.
2.50.010 Purpose.
The purpose of this chapter is to provide for the administration of the city of Sequim’s policies regarding disclosure and production of public records and to ensure compliance with Chapter 42.56 RCW (the Public Records Act, “PRA”) and other applicable laws, regulations, or rules, as adopted or as hereafter amended. The purpose of the PRA is to provide the public full access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of the efficient administration of government. The city has essential functions in addition to providing public records, and the PRA recognizes that providing public records must not create “excessive interference” with the “essential functions” of the agency. However, any policies or procedures adopted by the city will be interpreted in favor of prompt and thorough responses to requests for disclosure. In carrying out its responsibilities under the PRA and other disclosure statutes and rules, the city will be guided by the provisions of those statutes and rules describing their purposes and interpretation. (Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 1)
2.50.020 Definitions.
The definitions set forth in Chapter 42.56 RCW (or its successor) are adopted by reference. The definitions set forth in the City of Sequim’s Public Records Act Compliance Policy and General Guide for Disclosure of City Records (Guide), as adopted or as amended, are also adopted by reference. (Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 2)
2.50.025 Adoption of City of Sequim’s Public Records Act Compliance Policy and General Guide for Disclosure of City Records – Authorization for city manager approval of updates.
The city council recognizes that the law governing disclosure of records is subject to frequent and at times abrupt revision and those agencies must be ready to adopt new procedures on an expedited basis in order to remain compliant, efficient, and effective.
Therefore, the city council hereby adopts the “City of Sequim’s Public Records Act Compliance Policy and General Guide for Disclosure of City Records” (“Guide”) as the city’s official public records disclosure policy. The city council further authorizes the city manager to approve updates to the Guide so long as a particular revision does not require formal city council adoption as a matter of law. Any revision that requires formal city council adoption will be timely brought before that body and incorporated into the Guide upon approval.
The public records officer (PRO), with the assistance of the city attorney and city manager, will ensure that the Guide remains in compliance with the Public Records Act and all other relevant laws and that no out-of-date versions are relied upon by staff or posted for the public.
The PRO will ensure that the Guide is easily accessible online and that a physical copy is available at each lobby counter at the Civic Center. The PRO will ensure that all city staff receive periodic training or “refreshers” to remain cognizant of the importance of diligent responses to all types of records requests, as well as the role of the PRO as portal and the existence of the Guide. (Ord. 2017-022 § 1 (Exh. A))
2.50.027 City employee responsibilities.
A. All city employees are responsible for assisting in identifying responsive records and facilitating thorough collection of records.
B. The city will provide training to its employees on their obligations under the Public Records Act, including the responsibility of all employees to retain records according to the relevant retention schedule.
C. For most city employees, producing records in response to records requests is a responsibility assigned in addition to their primary assigned duties and functions.
D. For those city employees for whom responding to records requests is not among their primary assigned duties, the need to devote more than eight hours in a month to records production may result in delay of the response to a records request. (Ord. 2017-022 § 1 (Exh. A))
2.50.030 Requests for public records.
A. All requests to inspect or copy public records will be handled pursuant to the city of Sequim’s Guide, as adopted or as amended.
B. Unless exempt from disclosure, city records will be available for inspection and copying in accordance with this chapter and the city Guide.
C. The exemptions from disclosure set forth in Chapter 42.56 RCW are adopted by reference. Any exemptions from disclosure set forth in any other controlling law or in case law in effect at the time of a request are considered amendments adopted by this reference. Requests to inspect or copy records that may contain exempt material will be handled pursuant to the city Guide. (Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 3)
2.50.040 Decision on Public Records Act request – Procedure for review of decision.
The procedure for internal administrative review of a public records officer’s decision to exempt from disclosure any record, in whole or in part, is set forth in the Guide. A requester may seek judicial review of an adverse decision pursuant to RCW 42.56.550. (Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 4)
2.50.050 Current index requirement – Finding of nonjustification.
The city council finds that maintenance of a current index of identifying information for the records described in Chapter 42.56 RCW would unduly burden and interfere with city operations. The city has never received a request for inspection and copying of a current index. City officials and employees have full workloads and city residents have expressed a desire for low-cost government, with minimum staff levels. Therefore, based upon anticipated use and cost to the city, creation and maintenance of a current index for city departments is not justified. (Ord. 2017-022 § 1 (Exh. A); Ord. 2009-036 § 1; Ord. 2009-033; Ord. 2002-025 § 5)
2.50.060 Public records officer – Appointment and duties.
A. The city clerk is appointed to serve as the city’s public records officer and has the duties described in this chapter and in the Guide.
The public records officer will:
1. Serve as a point of contact (“portal”) for members of the public requesting access to and disclosure of city records;
2. Designate other staff as needed to assist with requests for access to and disclosure of records;
3. Oversee compliance with the Public Records Act and any related laws, rules and regulations;
4. Fulfill records requests with the assistance of designees and any other necessary persons, including information technology staff and individuals or companies with whom the city has contracted;
5. Implement policies and procedures adopted by the city council as necessary to carry out the provisions of this chapter consistent with applicable laws and rules; and
6. Have final decision-making authority over access, disclosure, and production of records, except where a petition for internal administrative review has been filed, in which case the city attorney may affirm or reverse the PRO’s decision.
B. The public records officer will publish his or her name and contact information in a way reasonably calculated to provide notice to the public as to how to make a request for records, including posting on the city’s website. The public records officer will ensure that the most recent Guide is posted on the city’s website.
C. The public records officer, in coordination with the city attorney, will remain abreast of the law, regulations, rules and case law related to records disclosure, and whenever necessary will prepare and submit for adoption a revised version of the Public Records Act Compliance Policy and General Guide for Disclosure of City Records.
D. During the first quarter of each year, the city clerk will submit a report to the city council on the city’s performance in responding to public records requests during the preceding year. The report will include, at a minimum:
1. Open records requests (queue) at beginning of period;
2. Number of records requests received in the period by category;
3. Number of records requests closed in the period by category; and
4. Open records requests (queue) at end of period. (Ord. 2017-022 § 1 (Exh. A))
2.50.070 Costs of providing copies of public records.
A. The city of Sequim has determined that performing a study to calculate the actual costs of providing records is unduly burdensome. The city adopts the default fee schedule for providing public records as permitted by RCW 42.56.120 or as hereafter amended and has followed the associated public hearing requirements.
B. It is within the discretion of the public records officer to waive copying fees when (1) all of the records responsive to an entire request are paper copies only and are 15 or fewer pages; or (2) all of the records responsive to an entire request are electronic and can be provided in a single email with attachments of a size totaling no more than the equivalent of 100 printed pages. If that email for any reason is not deliverable, records will be provided through another means of delivery, and the requester will be charged in accordance with this rule. (Ord. 2017-022 § 1 (Exh. A))
2.50.080 Resources devoted to public records disclosure.
A. The resources currently allocated to public disclosure response are established as the initial level of effort necessary to ensure that public disclosure response is not creating excessive interference with essential city government functions.
B. Starting with the 2019 budget process, the city council will annually determine and establish the level of effort to be devoted to public records disclosure and the amount of resources to be allocated. During the budget process, the city council will devote at least a portion of a public work session or council meeting specifically to public records response resource allocation before adopting the final budget.
C. The city council may reevaluate its determination as part of the mid-year budget adjustment and modify the resource allocation.
D. The city does not intend every employee to expend eight hours per month responding to records requests. For purposes of this chapter, city employees referenced in SMC 2.50.027(D) do not constitute an allocation of resources available for other public records responses. (Ord. 2017-022 § 1 (Exh. A))
2.50.090 Severability.
To the extent any section or subsection of this chapter is ruled unlawful or illegal by a court of competent jurisdiction, the remaining portions of this chapter remain in full force and effect. (Ord. 2017-022 § 1 (Exh. A))