Chapter 2.88


2.88.010    Authority and purpose.

2.88.020    Scope of rules authorized.

2.88.030    Records as public property.

2.88.040    Custody of records.

2.88.050    Retention and destruction – Schedule.

2.88.060    Fee schedule.

2.88.070    Review of denial of request.

2.88.080    Opt out of index of records.

2.88.010 Authority and purpose.

A.    The Public Records Act requires public agencies such as Tumwater to make nonexempt public records available for inspection and copying in accordance with published rules. The Public Records Act requires agencies to adopt and enforce reasonable rules and regulations to provide full public access to nonexempt public records, to protect public records from damage or disorganization, and to prevent excessive interference with other essential functions of the city.

B.    The city clerk is authorized to establish and publish Public Records Act rules to provide the public with full access to public records consistent with the Public Records Act. The city clerk shall have the authority to amend the Tumwater Records Act rules as necessary or appropriate to conform to law, to enhance services to the public, protect privacy, or increase efficiency in administering the Act.

(Ord. O2010-007, Amended, 04/20/2010; Ord. 1273, Added, 05/21/1991)

2.88.020 Scope of rules authorized.

As required by law or to the extent deemed necessary or appropriate, the Tumwater Public Records Act rules will contain at a minimum:

A.    A description of Tumwater city services, the designation of a public records officer, the officer’s contact information, the hours and location for inspection of public records and the officer’s responsibilities under the Public Records Act;

B.    The procedure for making, responding to, inspecting and copying records requests; protecting records from damage or disorganization; preventing excess interference with Tumwater’s other essential functions; protecting the rights of others; providing “fullest assistance” to requestors and timely action on public records requests;

C.    Definitions as necessary or appropriate related to the Act;

D.    For informational purposes, a list of laws in addition to the Act that exempt or prohibit the disclosure of public records held by Tumwater.

(Ord. O2010-007, Added, 04/20/2010)

2.88.030 Records as public property.

All public records shall be and remain the property of the city. They shall be delivered by outgoing officials and employees to their successors. Public records shall be preserved, stored, transferred, destroyed and otherwise managed only in accord with the provisions of this chapter and applicable state law.

(Ord. O2010-007, Amended, 04/20/2010; Ord. 1273, Added, 05/21/1991)

2.88.040 Custody of records.

The original copy of all public records shall be and remain in the custody of the city clerk’s office. They shall not be placed in the custody of any other person or agency, public or private, or released to individuals except for storage, disposition or destruction as authorized by the city clerk and provided by law.

(Ord. O2016-015, Amended, 07/05/2016; Ord. O2010-007, Amended, 04/20/2010; Ord. O96-030, Amended, 10/15/1996; Ord. 1273, Added, 05/21/1991)

2.88.050 Retention and destruction – Schedule.

The city clerk’s office is authorized to establish, and amend as necessary, a records control program, including a retention/destruction schedule for all public records of the city. Said schedule shall be kept on file in the city clerk’s office. No public records of the city shall be destroyed except in compliance with the approved records control program and state law.

(Ord. O2016-015, Amended, 07/05/2016; Ord. O2010-007, Amended, 04/20/2010; Ord. O96-030, Amended, 10/15/1996; Ord. 1273, Added, 05/21/1991. Formerly 2.88.080)

2.88.060 Fee schedule.

A.    No fee shall be charged for the retrieval of public records.

B.    Fees will be charged for copying of public records pursuant to the latest adopted fee resolution of the council.

(Ord. O2010-007, Amended, 04/20/2010; Ord. 1273, Added, 05/21/1991. Formerly 2.88.070)

2.88.070 Review of denial of request.

A.    The Tumwater Public Records Act rules shall provide for obtaining internal administrative review of denials, in whole or in part, of public records requests as required by law.

B.    Any person may obtain court review of denials of public records requests pursuant to RCW 42.56.550 regardless of any internal administrative appeal.

(Ord. O2010-007, Added, 04/20/2010)

2.88.080 Opt out of index of records.

The city finds that creating and maintaining a central city index of records is unduly burdensome and would interfere with city operations. The city clerk’s office shall maintain and make available to the public indexes of ordinances, resolutions, and policies adopted by the city council, minutes of regular meetings of the city council and amendments, revisions, and repeals thereof and all public contracts, deeds and leases. These and all other indexes maintained for city use will be made available for review by the public upon request to the public records officer, unless exempted by state law.

(Ord. O2010-007, Added, 04/20/2010)