Chapter 2.64
PUBLIC RECORDS
Sections:
2.64.030 Records subject to disclosure.
2.64.040 Index of public records not maintained.
2.64.050 Public records officer.
2.64.060 Requests – Form – Information required.
2.64.070 Requests for lists of individuals/businesses – Affidavit required.
2.64.080 Response to requests.
2.64.090 Copying and delivering – Costs.
2.64.105 Final response to request.
2.64.110 Denial of request – Appeal.
2.64.120 Retention of records.
Prior legislation: Ords. 1081 and 1407.
2.64.010 Purpose.
The purpose of this chapter is to establish the process for requesting public records and responding to requests for public records as required by Washington’s Public Records Act, codified in Chapter 42.56 RCW. Failure of the city to fully comply with any provision of this chapter shall not result in any liability imposed upon the city other than as provided in the Public Records Act. (Ord. 1667 § 1, 2022)
2.64.020 Definitions.
(1) For the purposes of this chapter, the following terms shall be defined as follows:
(A) “Public Records Act” shall mean Chapter 42.56 RCW as currently enacted or hereafter amended.
(B) “Copies” shall mean any duplicated version of any record regardless of the original form of the records.
(2) Except as provided in subsection (1) of this section, all terms used in this chapter shall have the same meaning as set forth in the Public Records Act. (Ord. 1667 § 1, 2022)
2.64.030 Records subject to disclosure.
The city need only disclose records or portions of records to the extent required by the Public Records Act, and nothing in this chapter shall be interpreted as requiring the disclosure of any records that are not subject to disclosure by the Public Records Act or other applicable law. Records or portions of records may be withheld or redacted to the extent necessary or permissible by law. The city shall not be required to create records or documents in response to a request for public records that do not exist at the time the request is made. A public records request is not continuing in nature, and will not be treated as such even if requested. In the event additional records are created after the date of the requester’s original public records request, the requester will be required to submit a new request for the later created records. (Ord. 1667 § 1, 2022)
2.64.040 Index of public records not maintained.
(1) In General. The Public Records Act, at RCW 42.56.070(1), requires all cities and public agencies to maintain and make available a current index of certain public records. However, the Public Records Act, at RCW 42.56.070(4), also provides that if maintaining such an index would be unduly burdensome, or would interfere with agency operations, a city need not maintain such an index, but it must issue a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
(2) Findings.
(A) The city of Westport is comprised of many departments which maintain separate databases and/or recordkeeping systems. The city produces or receives many records each day. The records are diverse, complex and stored in multiple locations and multiple computer systems and databases. It would be extremely difficult, unduly burdensome and would interfere with city operations to compile and maintain a central index of records.
(B) The development and maintenance of a city index would be extremely costly and would provide little benefit to the public compared to the expense in maintaining the index. The city’s operations do not allow for the addition, revision or reassignment of duties of existing personnel so that an index may be developed and maintained. Anticipated city revenues do not allow for additional staff for the purpose of creating and maintaining such an index.
(3) Order. The city of Westport city council orders that the city of Westport is not required to maintain a current index of public records as set forth in RCW 42.56.070(4) based upon the findings set forth in subsections (1) and (2) of this section; provided, that the city shall make available for review or copying any indexes that are maintained for city use to the extent not exempt from review or copying. (Ord. 1667 § 1, 2022)
2.64.050 Public records officer.
(1) The public records officer shall be the clerk-treasurer of the city of Westport, PO Box 505, Westport, WA 98595, 360-268-0131. Any person wishing to request public records of the city or seeking assistance in making such a request should follow the procedures set forth in these rules and contact the public records officer (the “PRO”) of the city to submit such a request or to obtain assistance in making such a request.
(2) For police department records, to provide for a more efficient response to requests for public records, a public records request may be submitted directly to the police clerk. The police clerk may receive and respond to a request to inspect and/or photocopy police reports and police department records. The request may be hand delivered, by mail or email to the City of Westport Police Department at PO Box 547, Westport, WA 98595, 360-268-9197. (Ord. 1667 § 1, 2022)
2.64.060 Requests – Form – Information required.
(1) For purposes of ensuring accuracy and efficiency in filling records requests, the city prefers that requests for public records be made in writing and delivered in person, by mail or email, or through the city’s online public records request form that may be made available on the city’s website.
(2) The city will provide a public records request form that may be used by those requesting public records. The public records request may be submitted on the form provided by the city or in another written format. The request shall include the following information:
(A) The name and contact information of the person making the request for the record;
(B) Adequate notice to the city that the request is for access and/or copying of public records pursuant to the Public Records Act;
(C) Description of the requested records by reference to the names, title, subject matter, and time frames, or other means adequate for public access and/or copying by the PRO or designee to identify and locate the requested records; and
(D) Whether or not such a request is for a list of individuals and whether the list is to be used for commercial purposes.
(3) Upon receiving a request, the PRO, or whomever receives the initial request, shall document the date the request was received.
(4) Informal or oral requests must be made during normal business hours. If the PRO is unsure of the oral request, the city may seek written clarification within five business days. If the requester does not provide sufficient clarification to the request for clarification within 30 days of the original request, the request will be closed.
(5) Record requests may only include existing records. They cannot be used to obtain copies of records not yet in existence.
(6) Requests for public records identified in terms of “any and all documents related to” or similar language are not deemed identifiable records. If the city receives a broad request that does not include a request for identifiable records or otherwise is not proper, the city should seek clarification, WAC 44-14-04002. If the requester is unable or unwilling to help narrow the scope of the documents being sought in order to expedite the city’s response and/or reduce the volume of potentially responsive documents, and the entire request is unclear, the city will send a letter denying the request. Otherwise, the city will respond to those portions of the request that are clear. A public records request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records; provided, that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of an agency’s records. Requesters are encouraged to consider the needs of others and utilize the public records requests process responsibly. (Ord. 1667 § 1, 2022)
2.65.070 Requests for lists of individuals/businesses – Affidavit required.
In the case of a request for records that may contain a list of individuals, the person making the request will furnish an affidavit that either:
(1) States that they are not requesting the list for commercial purposes; or
(2) States that they are specifically authorized or directed by law to obtain the list of individuals for commercial purposes, and that identifies such law. (Ord. 1667 § 1, 2022)
2.64.080 Response to request.
(1) The city shall make an initial response to the request for public records within five business days of receipt of the request. Business days do not include Saturdays, Sundays, or city-observed holidays. In the event a request for public records is received after 5:00 p.m., the request shall be deemed to have been received on the next business day. Depending upon the nature of the request, the city may respond initially by:
(A) Providing the record, or the disclosable portions of the record, for review, or a copy thereof if requested after payment of applicable fees;
(B) Acknowledging the city’s receipt of the request accompanied by a reasonable estimate of the time necessary to respond to the request or request clarification from the requester if the request is unclear or does not sufficiently identify the requested records; or
(C) Notification to the requester that no records could be reasonably located which are responsive to the request. (Ord. 1667 § 1, 2022)
2.64.090 Copying and delivering – Costs.
(1) Consistent with the provisions in Chapter 42.56 RCW, the city shall charge for the costs incurred in copying and delivering public records, including costs to scan paper records into an electronic format. In the event a requester requests copies of records, prior to the disclosure of any public record, copying costs shall be collected.
(2) Providing Records in Installments. When the request is for a large number of records, the PRO may provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that manner. If, within 30 days, the requester fails to inspect the records or one or more of the installments, the PRO may stop searching for the remaining records and close the request.
(3) Closing Withdrawn or Abandoned Request. When the requester either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the PRO will close the request and so inform the requester.
(4) No fee will be charged for the inspection of public records or locating public records and making them available for copying, except as described in RCW 42.56.120(3).
(5) The city shall charge the following costs for providing copies of public records:
(A) Fifteen cents per page for up to eight and one-half by 14 inch paper and 20 cents per page for larger black and white copies; and 25 cents per page for color copies up to eight and one-half by 14 inch paper and 30 cents per page for larger color copies if performed on city-possessed copying equipment;
(B) Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;
(C) Five cents per each four electronic files or attachments uploaded to email, cloud-based data storage service or other means of electronic delivery;
(D) Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The city shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations;
(E) The actual cost of any digital storage media or device provided by the city, the actual cost of any container or envelope used to mail the copies to the requester, and the actual postage or delivery charge.
(6) The charges in subsection (5) of this section may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.
(7) The city may charge a flat fee of up to $2.00 for any request as an alternative to fees authorized under subsection (5) of this section when the city reasonably estimates and documents that the costs allowed under this subsection are clearly equal to or more than $2.00. An additional flat fee shall not be charged for any installment after the first installment of a request produced in installments. If the city has elected to charge the flat fee in this subsection for an initial installment, it may not charge the fees authorized in subsection (5) of this section on subsequent installments.
(8) The city shall not impose copying charges under this section for access to or downloading of records that the city routinely posts on its website prior to receipt of a request, unless the requester has specifically requested that the city provide copies of such records through other means.
(9) The city may include a customized service charge, as allowed by RCW 42.56.120(3).
(10) The city may require a deposit in an amount not to exceed 10 percent 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.
(11) Other Copying Charges. The Public Records Act generally governs copying charges for public records, but several specific statutes govern charges for particular kinds of records. The following nonexhaustive list provides some examples: RCW 46.52.085 (charges for traffic accident reports); RCW 10.97.100 (copies of criminal histories). The city will charge the amount authorized pursuant to these other statutes rather than as provided under the Public Records Act.
(12) Use of Outside Vendor. An agency is not required to copy/scan records at its own facilities. An agency can send the project to a commercial copying/scanning center and bill the requester for the amount charged by the vendor. An agency can arrange with the requester to pay the vendor directly. An agency cannot charge the default per page copying/scanning charge when its cost at a vendor is less. (Ord. 1667 § 1, 2022)
2.64.100 Exemptions.
The Public Records Act and other statutes exempt or prohibit disclosure of certain public records. It is the policy of the city of Westport to provide prompt and helpful access to all public records in the city’s custody that state statutes do not exempt or prohibit from disclosure. Requested records may only be withheld or redacted consistent with statutory requirements, which shall be documented for the requester in accordance with the requirements of RCW 42.56.210.
Some public records may contain specific content that is exempt from disclosure. The presence of exempt information does not necessarily exempt an entire record from disclosure. Exempt portions of an otherwise disclosable record shall be redacted prior to inspection or copying and such redactions shall be documented. The requester shall be notified of the redaction in accordance with the requirements of RCW 42.56.210.
The following are summaries of common exemptions relied upon by the city. Note, the city reserves the right to assert any exemptions permitted by law when the city determines nondisclosure serves the public interest and is not limited to the exemptions listed below:
(1) Records that are protected by trade secrets law (Chapter 19.108 RCW);
(2) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by the city within five years of the request for disclosure when disclosure would produce private gain and public loss (RCW 42.56.270(1));
(3) Personal information in files maintained for council members and city employees to the extent that disclosure would violate their right to privacy, including but not limited to addresses, phone numbers, social security numbers, driver license numbers, voluntary deductions, marriage status, information about dependents, and any garnishment deductions (RCW 42.56.230(3) and 42.56.250(3));
(4) Preliminary drafts, recommendations, and intra-agency memoranda 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 (RCW 42.56.280);
(5) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant (RCW 42.56.250(1));
(6) Records created in anticipation of litigation (RCW 42.56.290);
(7) Records reflecting communications between attorneys and city employees where legal advice is sought or received (RCW 5.60.060(2)); or
(8) Prohibited by statute from disclosing lists of individuals for commercial purposes (RCW 42.56.070(9)).
Other statutes outside the Public Records Act may prohibit and exempt disclosure of certain documents or information, RCW 42.56.070(1).
The city’s failure to list an exemption shall not affect the effectiveness of the exemption. (Ord. 1667 § 1, 2022)
2.64.105 Final response to request.
The city’s response to a request for records shall be deemed complete and final upon:
(1) Requester’s inspection of the records; or
(2) Notification to the requester that the copies required are available for payment and pick-up; or
(3) Delivery by electronic mail or electronic records; or
(4) If records are provided in installments, the requester’s inspection of the final installment, notification that the final installment copies are ready for pick-up or payment, delivery by email of the final installments, or by deposit into the U.S. mail of the final installments; or
(5) Notification to the requester that no records could be reasonably located which are responsive to the request; or
(6) If the requester does not respond to any of the city’s responses to receive all or installments of the request, the request will be closed 30 days from receipt of the request. (Ord. 1667 § 1, 2022)
2.64.110 Denial of request – Appeal.
(1) Any person who objects to the denial of a public records request for any reason may petition, within 10 business days of the date of the denial decision, not including the day of the denial decision, in writing to the PRO.
(2) The city attorney shall serve as the reviewing authority and perform a review of the denial as promptly as possible but not to exceed 10 business days.
(3) A person whose public records request is denied may seek judicial review at the conclusion of two business days after the initial denial regardless of any concurrent internal appeal or intent to seek an administrative appeal pursuant to RCW 42.56.550. (Ord. 1667 § 1, 2022)
2.64.120 Retention of records.
(1) The city is not required to retain all records it creates or uses. However, the city will follow Chapter 40.14 RCW, Preservation and Destruction of Public Records, in the retention and destruction of public records. The Secretary of State, State Archives Committee approves a general retention schedule for local agency records (including cities) that is common to most agencies. Individual agencies may seek approval from the Local Records Committee for retention schedules specific to their agency or that, due to their particular business needs, must be kept longer than provided in the general schedule.
(2) The retention schedule for local agencies is available at www.secstate.wa.gov/archives. Retention schedules for documents vary based on the content of the record, WAC 44-14-03005. (Ord. 1667 § 1, 2022)
2.64.130 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 shall remain in full force and effect. (Ord. 1667 § 1, 2022)
2.64.135 Effective date.
The ordinance codified in this section shall take effect and be in full force five days after passage and publication of an approved summary consisting of the title. (Ord. 1667 § 1, 2022)