Chapter 2.56
PUBLIC RECORDS
Sections:
2.56.010 Relationship to Public Records Act.
2.56.020 Public records officers.
2.56.030 Maintenance of records.
2.56.040 Index of public records – Findings.
2.56.050 Index of public records – Order.
2.56.060 Disclosure of public records.
2.56.070 Procedure for inspection or copying.
2.56.080 Processing public records requests – Review of decision.
2.56.100 Reimbursement for copying costs.
2.56.110 Model rules and administrative procedures.
2.56.010 Relationship to Public Records Act.
This chapter constitutes the town’s rules and regulations to carry out and implement the Public Records Act, Chapter 42.56 RCW. (Ord. 627 § 1, 2011)
2.56.020 Public records officers.
The town clerk-treasurer shall serve as the public records officer for all town records. Contact information for the town clerk-treasurer will be made available to the public in a manner reasonably calculated to provide notice of to whom members of the public may direct requests, such as posting such contact information at Town Hall or on the town’s Internet website. (Ord. 627 § 1, 2011)
2.56.030 Maintenance of records.
A. All substantive and procedural rules of general applicability, including but not limited to ordinances and resolutions of the town council, minutes of the regular meetings of the town council, and statements of general policy, and all public contracts, deeds, easements and leases shall be indexed and maintained by the town clerk-treasurer.
B. All other records of the town relating to the specific function or responsibility of a particular department shall be maintained for the use of the department and the general public in the office of the particular department. Such records shall include, but not be limited to: planning policies and goals, and interim and final planning decisions; factual staff reports and studies; factual consultant’s reports and studies; scientific reports and studies; and any other factual information derived from tests, studies, reports or surveys, whether conducted by town employees or others. (Ord. 627 § 1, 2011)
2.56.040 Index of public records – Findings.
A. The Public Records Act requires all cities and public agencies to maintain and make available a current index of all public records.
B. RCW 42.56.070(4) provides that an agency need not maintain such an index if to do so would be unduly burdensome, but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome or would interfere with agency operations.
C. It would be unduly burdensome for town staff to index each and every record of the many varied town records, given the range of town activities, limited staffing levels maintained, and/or the fact that a number of items referenced in RCW 42.17.260(3) are not generated or rendered by the town.
D. The creation of a single index providing the intricate detail described in RCW 42.17.260 would interfere with town operations in that it would take an inordinate amount of staff time to develop and maintain.
E. Town departments maintain file-maintenance systems that enable staff to operate efficiently and effectively in providing service to the community and the general public.
F. In the event indexes are maintained by particular departments for department use, they shall be available for public inspection and copying. (Ord. 627 § 1, 2011)
2.56.050 Index of public records – Order.
Based upon the findings set forth in YPMC 2.56.040, and pursuant to RCW 42.56.070(4), the town council orders the following:
A. The town is not required to maintain an all-inclusive index of public records due to the undue burden of maintaining such an index.
B. The town will make available for inspection and/or copying all public records, including any indexes that are maintained by the town as set forth in YPMC 2.56.030, except to the extent that such records are exempt from public disclosure. (Ord. 627 § 1, 2011)
2.56.060 Disclosure of public records.
Unless exempt from disclosure under this chapter or other law, public records shall be available for inspection and copying in accordance with this chapter. (Ord. 627 § 1, 2011)
2.56.070 Procedure for inspection or copying.
A. All persons desiring to inspect or obtain a copy of any public record must make their request in writing to the town clerk-treasurer. The town clerk-treasurer shall create and avail for public use a standard form by which a requester may specify particular public records and provide the requester’s relevant contact information. Reasonable assistance as may be necessary to help a requestor locate particular records shall be provided either by the town clerk-treasurer or by the town department maintaining the records. However, the provision of such assistance shall not unreasonably disrupt the normal operations of the town clerk-treasurer, the department or the assisting employee.
B. Except to the extent required or authorized by law, the town clerk-treasurer or other town employee shall not distinguish among persons requesting records. Persons requesting records shall not be required to provide information as to the purpose for the request, except to establish whether the inspection or copying would violate Chapter 42.56 RCW or other statute or ordinance that exempts or prohibits disclosure of specific information or records to certain persons. (Ord. 627 § 1, 2011)
2.56.080 Processing public records requests – Review of decision.
A. Responses to requests for public records shall be made promptly pursuant to Chapter 42.56 RCW. Within five business days of the date of the receipt by the town of a written request for a record, the town clerk-treasurer shall:
1. Provide the record; or
2. Acknowledge that the town has received the request and (a) provide a reasonable estimate of the time the town will require to respond to the request, or (b) request clarification; or
3. Deny the public record request in whole or in part.
B. Public records may be made available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for public inspection or copying. Additional time to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt. If a public records request is unclear, the town clerk-treasurer may ask the requestor to clarify what information the requestor is requesting. If the requestor fails to clarify the request, the town is not required to further respond to or process the request.
C. If the town clerk-treasurer determines that the document is exempt in part but can be made available after deletion of exempt portions, the request shall be granted; provided, that such exempt portions shall be first deleted. If the town clerk-treasurer determines to deny the request, in whole or in part, a written statement of the specific reasons for the denial shall be provided to the requestor. Nothing herein shall be construed as requiring the town to disclose portions of a requested document if the entire document is exempt from disclosure.
D. In the event the town clerk-treasurer denies inspection of all or any part of a request, the town clerk-treasurer may seek review by the town attorney. The town clerk-treasurer will notify the requestor by mail of the decision to grant or deny the request. (Ord. 627 § 1, 2011)
2.56.090 Exemptions.
The town adopts by reference the exemptions from public disclosure contained in Chapter 42.56 RCW, including any future amendments thereto or recodification thereof, along with any other exemption or exception to the Public Records Act provided by law, including but not limited to those exemptions set forth in Appendix C to “Public Records Act for Washington Cities and Counties,” Municipal Research and Services Center, Report No. 61, May 2007, as may be amended from time to time. (Ord. 627 § 1, 2011)
2.56.100 Reimbursement for copying costs.
A. No fee shall be charged for inspection of public records. Any person who requests a copy of any public record from the town shall pay to the town clerk-treasurer or designee a copying charge. The copying charges for public records, including but not limited to photocopies, maps, photographs, audio recordings and video tape recordings, shall be included in a fee schedule maintained by the town clerk-treasurer.
B. The town may charge all costs directly incident to shipping such public records, including but not limited to the cost of postage or delivery charges and the cost of any container or envelope, pursuant to RCW 42.56.070(7).
C. The town may, at its discretion, require the requestor to deposit a sum in an amount not to exceed 10 percent of the estimated cost of providing copies for a request. If the records are made available on a partial or installment basis, the town may charge for each part of the request as it is provided. If an installment of a records request is not paid for or reviewed within 20 days after the town provides notice of availability of the installment, the town is not obligated to fulfill the balance of the request. (Ord. 627 § 1, 2011)
2.56.110 Model rules and administrative procedures.
The town may, in its discretion, follow the Public Records Act Model Rules contained in the Washington Administrative Code. The mayor, upon recommendation of the town clerk-treasurer, may issue additional administrative procedures for the implementation of this chapter. (Ord. 627 § 1, 2011)