Chapter 2.46
REQUESTS FOR PUBLIC RECORDS
Sections:
2.46.060 Public records officer.
2.46.070 Index not to be maintained.
2.46.010 Purpose.
To establish a policy and procedure for responding to requests for public records. (Ord. 789 § 1, 2018).
2.46.020 References.
RCW 42.17.250 through 42.17.348 are hereby adopted in their entirety by this reference except to the extent modified herein. (Ord. 789 § 1, 2018).
2.46.030 Policy.
A. The town of Waterville will make available to citizens all documents that meet the definition of public record, except those that are exempt from disclosure under RCW 42.17.310(1) as it now exists or is hereafter amended, other federal, state or local law. It is the town’s policy to handle all requests for public records uniformly, fairly and expeditiously, with due consideration for the requestor’s needs as expressed or perceived.
B. The town also has a responsibility to preserve all records and prevent disclosure of records protected by state law. (Ord. 789 § 1, 2018).
2.46.040 Definitions.
“Nonpublic record” means any writing containing information not relating to the conduct of government, and not relating to the performance of any governmental or proprietary function, retained or in the possession of the town regardless of form or characteristics, and any record exempted from disclosure by RCW 42.17.310(1) or other federal, state or local law.
“Public record” includes any writing containing information relating to the conduct of the town of Waterville or the performance of any governmental or proprietary function prepared, owned, used or retained by the town of Waterville regardless of physical form or characteristics as defined by RCW 42.56.010(3).
Papers, photos, maps, videos, and electronic records created by the town of Waterville are all covered by the Public Records Act. (Ord. 789 § 1, 2018).
2.46.050 Procedure.
A. The town of Waterville will attempt to produce public records requested for inspection or copying within five working days of the written request. If the records cannot be produced within five days, the town will, within that five-day period, either notify the requestor that an investigation as to the location of records and/or what requested records are public versus nonpublic is ongoing and of a date when the public records may be available or deny access to nonpublic records.
Conditions that could cause postponement of access beyond the five-day period are time needed to clarify the request; time needed to inspect records for protected, exempt or private information; time needed to locate and assemble the information requested; or scheduling access so that it does not interfere with the functioning of the town.
B. A written statement stating the reason for the denial will accompany any denial of a public records request.
C. Written requests to review or obtain copies of records are desired in all instances to clearly define the records requested. If the requester refuses to submit the request in writing, access still will be provided. In this instance, town staff may complete a request for public record form in order to document the access.
It is reasonable to ask a citizen to schedule an appointment to review records at a time that is convenient for both the town and the citizen.
D. In order to adequately protect public records, these guidelines shall be followed when providing access:
1. Inspection of any public record will be conducted in the presence of a town employee.
2. No public record may be marked or defaced in any manner during inspection.
3. Public records which are maintained in a file, jacket, or in chronological order may not be dismantled except for purposes of copying and then only by an employee of the town.
4. Access to file cabinets, shelves, etc., is restricted to town employees.
5. No public records shall be removed from town premises, unless they are in the possession of a town employee.
6. Electronically Stored Data and Information. Public records in the form of information or data, which is electronically stored (on the memory of a computer, a diskette, a magnetic tape, a compact disc or in other similar ways), shall be subject to public inspection and copying in the following manner:
a. Information or data that is publicly available by computer access without submission of a request for inspection and copying may be inspected and copied by any person or persons having access to computer equipment capable of such inspection and copying. Subject to budget and financial constraints, public access computer equipment may be made available without charge by the town at public locations.
b. Information or data that is not publicly available by computer access without submission of a request for inspection and copying, but which constitutes public records and is stored, contained or available as data or information within the memory or storage facilities of computer or electronic equipment, is subject to inspection and copying only with the cooperative services of town employees familiar with the operation of equipment that permits such inspection and copying to occur. When the requestor adequately identifies public records, a town employee designated by the town clerk or other appropriate department head shall examine the information to determine if it contains exempt or nonpublic records. If such examination reveals any data or information that is exempt from public inspection or copying, the requested public record shall be printed on paper or transferred to a diskette or similar medium with the exempt portions thereof deleted. If the examination reveals any data that is nonpublic record, inspections and copying thereof shall not be permitted. If the examination reveals no exempt information and no nonpublic records, the person requesting inspection and copying, at his/her option, may either view the information on a computer screen, have the information transferred to a diskette or other compatible storage medium, or ask that the information be printed on paper; provided, however, that the view of such information on a computer screen shall not be permitted except where the computer is operated by a town employee and where diverting such town employee from his/her regular duties would not cause excessive interference with essential functions of the town.
E. Fees for copies of public records shall be imposed pursuant to the following fee schedule:
|
Type of Record/Delivery |
Fee |
|---|---|
|
Standard sized (8-1/2 x 11) black and white paper copies of public records maintained on paper or maintained electronically and printed on paper |
$0.15 per page (each side is one page) |
|
Standard sized (8-1/2 x 11) color paper copies of public records maintained on paper or maintained electronically and printed on paper |
$0.15 per page (each side is one page) |
|
Scanned paper records |
$0.10 per page (each side is one page) |
|
Nonstandard copies (oversized copies, photographs, and similar types of records) |
Actual cost |
|
Records copied by an outside vendor. An outside vendor may be used due to volume, current workload of town staff, unique nature of the request, or any other reason |
Actual cost |
|
Electronic files or attachments uploaded to email, cloud-based data storage service, or other means of electronic delivery |
$0.05 per each four files or attachments |
|
Transmission of records in an electronic format |
$0.10 per gigabyte |
|
Container, packaging materials, or envelope used to mail copies |
Actual cost |
|
Digital storage media or device (DVD, CD, thumb drive, flash drive, and other similar items) |
Actual cost |
|
Postage or delivery charge |
Actual cost |
|
Use of information technology expertise to prepare data compilations, or to provide customized electronic access services |
Actual cost |
F. Combined Fees. The fees in subsection E of this section may be combined to the extent that more than one type of fee applies to copies provided in response to a particular public record request.
G. Deposit. Prior to making any copies, the town may require a deposit in an amount not to exceed 10 percent of the estimated fee for providing copies of the public records to the requester.
H. Advance Payment of Fees. The town may require payment of any or all fees prior to providing the copies of the public records to the requester.
I. Installments. The town may produce the requested public records in installments and require payment in full for each installment before copying and providing the next installment.
J. Waiver of Fees. The town’s public records officer may waive any or all fees for a requester when the total estimated fees for copies of public records for a particular public record request are $5.00 or less. (Ord. 789 § 1, 2018).
2.46.060 Public records officer.
The town clerk is designated as the public records officer for the town of Waterville as set forth in WMC 2.08.050. The town clerk shall be the person to whom members of the public may direct requests for disclosure of public records of the town of Waterville and who will oversee the town of Waterville’s compliance with the public records disclosure requirements of the public disclosure laws of the state of Washington as now or hereafter amended. The town clerk may be contacted at: Town Hall, 104 East Locust Street, Waterville Washington 98858. (Ord. 789 § 1, 2018).
2.46.070 Index not to be maintained.
A current index as described in RCW 42.56.070 will not be maintained by the town, as it would be unduly burdensome for the town to maintain an index due to its budget and staffing level. (Ord. 789 § 1, 2018).