Chapter 2.75
PUBLIC RECORDS
Sections:
2.75.010 Authority and purpose – Compliance with Public Records Act, Chapter 42.56 RCW.
2.75.020 City description – Contact information – Public records officer.
2.75.030 Availability of public records.
2.75.040 Processing of public records – General.
2.75.070 Costs for providing copies of public records.
2.75.080 Review of denials of public records.
2.75.090 Conflict with Chapter 42.56 RCW.
2.75.010 Authority and purpose – Compliance with Public Records Act, Chapter 42.56 RCW.
A. RCW 42.56.070(1) requires each city to make available for inspection and copying nonexempt public records, as such term is defined in Chapter 42.56 RCW (the “Act”), in accordance with published rules. RCW 42.56.070(2) requires each city to set forth for informational purposes every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records held by that city.
B. The purpose of this Chapter 2.75 SVMC is to establish the procedures the City will follow in order to provide full access to public records as required by the Act. This Chapter 2.75 SVMC provides information to persons wishing to request access to public records of the City, and establish processes for requestors and City staff that are designed to best assist members of the public in obtaining such access.
C. The purpose of the Act 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 Act and this Chapter 2.75 SVMC are interpreted in favor of disclosure. In carrying out its responsibilities under the Act, the City will be guided by the provisions of the Act describing its purposes and interpretation. (Ord. 18-018 § 2, 2018; Ord. 10-025 § 2, 2010; Ord. 07-006 § 2, 2007).
2.75.020 City description – Contact information – Public records officer.
A. The City is a noncharter code city governed by the provisions of Chapter 35A.13 RCW. The City’s central office is located at 10210 E. Sprague Avenue, Spokane Valley, WA 99206. The City also has offices at CenterPlace Regional Event Center located at 2426 N. Discovery Place, Spokane Valley, WA 99216; the Public Works Maintenance Shop, located at 17002 E. Euclid, Spokane Valley, WA 99216; and the Spokane Valley Police Precinct, located at 12710 E. Sprague Avenue, Spokane Valley, WA 99216.
B. The city clerk is appointed as the City’s public records officer. Any person requesting access to public records of the City or seeking assistance in making such a request may contact the public records officer of the City:
City Clerk
City of Spokane Valley
10210 E. Sprague Avenue
Spokane Valley, WA 99206
Phone: 720-5102
Information is also available at the City’s website at http://www.spokanevalley.org.
C. The public records officer shall oversee the City’s compliance with the Act; provided, however, that other City staff members may and shall process and assist with processing public records requests as required by the Act and public records officer to ensure City compliance. Unless otherwise stated herein, any reference to public records officer shall include any designee. The public records officer and the City shall provide requestors the fullest assistance, as set forth in SVMC 2.75.040; ensure that public records are protected from damage or disorganization; and prevent the fulfilling of public records requests from causing excessive interference with essential functions of the City. City officials and staff, including the public records officer, shall periodically attend training as necessary to meet the requirements of the Act. The City shall document such training. (Ord. 18-018 § 2, 2018; Ord. 10-025 § 3, 2010; Ord. 07-006 § 2, 2007).
2.75.030 Availability of public records.
A. Hours for Inspection of Records. Public records are available for inspection and copying during normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00 p.m. (excluding holidays as defined in Chapter 2.60 SVMC). Records shall only be inspected at City offices, preferably by appointment.
B. Records Index. The City finds that maintaining an index is unduly burdensome and would interfere with City operations due to the diversity of City departments and information systems, budget restraints and the unavailability of staff.
C. Organization of Records. The City shall maintain its records in a reasonably organized manner. The City shall take reasonable actions to protect records from damage and disorganization. A requestor may not take original City records from City offices. A variety of records is available on the City website: http://www.spokanevalley.org. Requestors are encouraged to view the documents available on the website prior to submitting a records request.
D. Making a Request for Public Records.
1. Any person wishing to inspect or have copies of public records of the City should make the request in writing on the City’s website, or on a public record request form which may be submitted in person, by email, or US mail, addressed to the public records officer. As required pursuant to the Act, the City shall respond to any lawful record request for an identifiable record. The request should include the following information: name of requestor; complete mailing address of requestor; other contact information, including telephone number and any email address; identification of the public records sought adequate for the City to locate the records; and the date and time of day of the request.
2. If the requestor requests copies of the records instead of simply inspecting them, the requestor should so indicate and make arrangements to pay for copies of the records or a deposit pursuant to SVMC 2.75.070. Payment shall be received by the City prior to release of any documents.
3. The City’s public record request form is available for use by requestors at City Hall and online at: http://www.spokanevalley.org.
4. If requestors refuse to identify themselves or provide sufficient contact information, the City shall respond to the extent feasible and consistent with the law. (Ord. 18-018 § 2, 2018; Ord. 07-006 § 2, 2007).
2.75.040 Processing of public records – General.
A. Providing Fullest Assistance. The public records officer or designee shall take such action as necessary to provide the fullest assistance to requestors in accessing public records. The public records officer shall process requests in the order allowing the most requests to be processed in the most efficient manner.
B. Acknowledging Receipt of Request. Within five business days of receipt of the request, the public records officer shall do one or more of the following:
1. Make the records available for inspection or copying;
2. Provide copies of the records directly to the requestor; provided, however, that the public records officer may provide such copies in installments. If copies or installments are requested for which there is an associated City fee, any such fees shall be paid prior to the release of records;
3. Provide an internet address and/or link to the City’s website to the specific records requested, except that if the requestor notifies the City that he or she cannot access the records through the internet, then the City will provide copies of the record or allow the requestor to view copies using a City computer, if available and practical;
4. Acknowledge that the City has received the request and provide a reasonable estimate of when records or an installment of records will be available. Additional time required to respond may be based upon the need to clarify the request, to locate and assemble the records, to notify third persons affected by the request, or to determine whether any information requested is exempt;
5. Acknowledge that the City has received the request and request clarification from the requestor for any portion of the request that does not sufficiently identify the requested records or that is unclear. Such clarification request shall also provide a reasonable estimate of when the records will be available if the request is not clarified. The public records officer may revise the estimate of when records will be available based upon any subsequent clarification received. In the event the City requests clarification for a records request in which all or a portion of the request is unclear, and the requestor fails to respond to the City’s request for clarification, the City shall not be required to respond to any portion of the request that was determined to be unclear and the public records officer may close that portion of the request; or
6. Deny the request, explaining the reason for such denial.
C. Consequences of Failure to Respond. If the City does not respond in writing within five business days of receipt of the request for documents, the requestor should consider contacting the public records officer to determine the reason for the failure to respond.
D. Protecting Rights of Others. The public records officer may, prior to providing the records, give notice of the request and City’s determination to disclose the applicable records to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask for a revision of the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons shall include a copy of the request. Unless otherwise required by law, nothing herein shall require notice to third parties of any request or decision by the City to disclose applicable records.
E. Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If the City believes that a record is exempt from disclosure and should be withheld, the public records officer shall state the specific exemption and provide a brief written explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer may redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.
F. Inspection of Records.
1. Consistent with other demands, the City shall promptly provide space for members of the public to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the City to copy.
2. Once requested records are available for inspection or copies are ready to be paid for and picked up, the City shall be required to hold such records for inspection or collection for no more than 30 days. The City will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the City to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the City may close the request and refile the assembled records.
G. Providing Copies of Records. After inspection is complete, the public records officer shall make the requested copies or arrange for copying. If the requestor is making copies of City records, the City may stop the requestor from such copying if, in the City’s reasonable belief, such copying by the requestor is damaging the records or resulting in the records becoming disordered.
H. Providing Records in Installments. The public records officer may, upon determining that it will be most practical, determine to make copies available on a partial or installment basis. The public records officer shall notify the requestor when any installment is available and that the requestor may claim the installment within 30 days after payment for such installment, as required pursuant to SVMC 2.75.070. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer may close the remainder of the request and stop searching for the remaining records.
I. Completion of Inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer shall indicate that the City has completed a diligent search for the requested records and inform the requestor that nonexempt records are available for inspection.
J. Closing Withdrawn, Abandoned, or Unclarified Request. If the requestor withdraws the request, fails to respond to a request for clarification, or fails to fulfill his or her obligations to inspect the records or pay a required deposit, required fees for an enstallment of copies, or required payment for the requested copies, the public records officer may close the request and indicate to the requestor that the City has closed the request.
K. The City may deny a “bot” request, as such term is defined in the Act, pursuant to the procedures set forth in the Act.
L. Electronic Records. The process for requesting and processing electronic records is the same as for other paper records. The City may, but is not obligated, to translate, scan, or otherwise provide nonexempt copies of records in a specific electronic format when requested by the requestor. When provided, electronic copies shall be provided in the electronic format used by the City that is generally commercially available, or in a format that is reasonably translatable from the format in which the City keeps the record. Costs are set forth in the City’s fee resolution, available on the City’s website at http://www.spokanevalley.org.
M. Later Discovered Documents. If, after the City has informed the requestor that all available records have been provided, the City becomes aware of additional responsive documents existing at the time of the request, the requestor will be promptly informed of the additional documents and such documents will be provided expeditiously. (Ord. 18-018 § 2, 2018; Ord. 10-025 § 4, 2010; Ord. 07-006 § 2, 2007).
2.75.050 Reserved.
(Ord. 07-006 § 2, 2007).
2.75.060 Exemptions.
A. The Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any other statute exempts or prohibits disclosure. A list of the laws and regulations, outside the Act, that restrict the availability of some documents held by the City for inspection and copying is kept by the public records officer.
B. The City is prohibited pursuant to the Act from disclosing lists of individuals for commercial purposes. (Ord. 18-018 § 2, 2018; Ord. 07-006 § 2, 2007).
2.75.070 Costs for providing copies of public records.
A. Costs for Paper Copies. A reasonable charge may be imposed for providing copies of public records and for the use by any person, of agency equipment, which charges shall not exceed the amount necessary to reimburse the agency for its actual costs directly incident to such copying. The fees for public records shall be determined by separate resolution. There is no fee for inspecting public records, including inspecting records on the City’s website. Document copies provided to the requestor shall not be provided until all applicable fees, including, but not limited to, postage for mailed copies, have been received. Before making the copies or processing a customized service, the public records officer may require a deposit of up to 10 percent of the estimated costs of copying all the records selected by the requestor. The City may require payment of applicable fees for the copies in an installment prior to release of the installment. The City will not charge sales tax for copies of public records.
B. Costs of Mailing. The City will also charge actual costs of mailing, including the cost of the shipping container.
C. Payment. Payment may be made by cash, check, or money order payable to the City of Spokane Valley. Payment may also be made by debit or credit card subject to any applicable processing fees.
D. The City may waive any charge assessed when the public records officer determines such waiver to be in the public interest. (Ord. 18-018 § 2, 2018; Ord. 10-025 § 5, 2010; Ord. 07-006 § 2, 2007).
2.75.080 Review of denials of public records.
A. Petition for Internal Administrative Review of Denial of Access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including email) to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.
B. Consideration of Petition for Review. The public records officer shall promptly provide the petition and any other relevant information to the public records officer’s supervisor or other City official designated by the City to conduct the review. That person shall immediately consider the petition and either affirm or reverse the denial within two business days following the City’s receipt of the petition, or within such other time as the City and the requestor mutually agree.
C. Judicial Review. At the conclusion of two business days after the initial denial, any person may obtain court review of denials of public records requests pursuant to the Act. (Ord. 18-018 § 2, 2018; Ord. 07-006 § 2, 2007).
2.75.090 Conflict with Chapter 42.56 RCW.
This Chapter 2.75 SVMC is intended to comply with the requirements of Chapter 42.56 RCW and shall in no way be construed to supersede or otherwise modify the City’s requirements pursuant to Chapter 42.56 RCW. In the event any provision of Chapter 2.75 SVMC conflicts with a provision of Chapter 42.56 RCW, the provisions of Chapter 42.56 RCW shall govern. This Chapter 2.75 SVMC shall in no way prevent or prohibit the City from taking any action authorized pursuant to Chapter 42.56 RCW. (Ord. 18-018 § 2, 2018).