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ORDINANCE NO. 3 b t q
AN ORDINANCE of the City of Port Angeles, Washington, amending
Chapter 2.74 of the Port Angeles Municipal Code relating to fees and
costs charged for providing copies of certain public records.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY
ORDAIN AS FOLLOWS:
WHEREAS, the City of Port Angeles adopted Ordinance No. 2754 on March 16,
1993 adopting procedures for complying with the Public Disclosure Act and establishing a
new Chapter 2.74 in the Port Angeles Municipal Code; and
WHEREAS, the City subsequently amended Chapter 2.74 on July 1, 2014 adding a
new section 2.74.065 authorizing charges for providing copies of public records in
accordance with applicable state law; and
WHEREAS, in 2017, the Washington State Legislature amended RC W 42.56.120
relating to charges for providing public records; and
WHEREAS, in Port Angeles funds were not appropriated for performing a study to
determine actual copying costs; the City lacks the necessary funds and staff resources to
conduct a comprehensive study to determine its actual copying costs; and to conduct such a
study would be unduly burdensome and would interfere with the City's other essential
agency functions; and
WHEREAS, to the extent an agency has not determined the actual cost of copying
public records, an agency may use the fees authorized in RCW 42.56.120(2)(b); and
NOW, THEREFORE, BE IT ORDAINED:
Section 1. Ordinance 2754 as amended and Chapter 2.74 of the Port Angeles Municipal
Code relating to costs for public records is hereby amended by amending Section 2.74.065 to
read as follows:
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2.74.065 Costs of providing copies of public records.
(1) No Fees for locating records. No fee shall be charged for locating public documents and
making them available for copying or inspection.
(2) Charges for copying. The City Council has founded and declared that it would be unduly
burdensome for the City to calculate its actual costs for providing copies of public records.
Therefore, the City shall charge the fees set out below; provided, that if the total charge for
copies would be less than $5.00 no fee shall be charged or collected:
i) Fifteen cents per page for photocopies of public records, printed copies of electronic public
records when requested by the person requesting records, or for the use of agency equipment
to photocopy public records;
(ii) Ten cents per page for public records scanned into an electronic format or for the use of
agency equipment to scan the records;
(iii) Five cents per each four electronic files or attachment uploaded to email, cloud -based
data storage service, or other means of electronic delivery; and
(iv) 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 agency shall take
reasonable steps to provide the records in the most efficient manner available to the agency
in its normal operations; and
(v) The actual cost of any digital storage media or device provided by the agency, the actual
cost of any container or envelope used to mail the copies to the requestor, and the actual
postage or delivery charge.
The charges set out in subparagraphs (i) through (v) above may be combined to the extent that
more than one type of charge applies to copies produced in response to a particular request.
Before beginning to make copies, the Public Records Officer may require a deposit of up to ten
percent of the estimated costs of copying or scanning all the records selected by the requestor.
The Public Records Officer may also require the payment of the remainder of the
copying/scanning costs before providing all the records, or the payment of the costs of
copying/scanning an installment before providing that installment. The Public Records Officer
will not charge sales tax for copies or scans of public records but if the records are sent to a third
party for copying/scanning, that third party may charge sales tax and the requestor will be
responsible for payment of that tax as well as the third party's actual charges for copies or scans.
The City shall charge fees for customized services pursuant to RCW 42.56.120 (3).
(3) Costs of mailing. In addition to any costs charged pursuant to subsection (2) above and
without limitation by the $5.00 minimum set out in (2) above, the City may also charge the
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actual costs of shipping such public records, including the cost of postage or delivery charges
and the cost of any container or envelope used.
(4) Payment. Payment may be made by cash, check, debit card, credit card, or money order
made payable to the City.
(5) Other copying charges. The Public Records Act generally governs copying charges for
public records, but several specific statutes govern charges for specifically identified 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) and RCW 70.58.107 (charges for
birth certificates). Where applicable, the City will charge the amount authorized pursuant to
such other statutes rather than as provided under the Act.
(5) Use of outside vendor. The City is not required to copy/scan records at its own facilities.
The City can send the project to a commercial copying/scanning center and bill the requestor for
the amount charged by the vendor. The City can arrange with the requestor to pay the vendor
directly. The City cannot charge the default per page copying/scanning charge when its cost at a
vendor is less.
Section 2 — Findings. A majority plus at least one of the Council finds as fact that
calculating the actual cost of providing public records would be unduly burdensome because
funds were not allocated for performing a study to determine actual copying costs; the City
lacks the necessary funds and staff resources to conduct a comprehensive study to determine
its actual copying costs; and to conduct such a study would interfere with the City's other
essential agency functions.
Section 3 - Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
the scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4 - Severability. If any provisions of this Ordinance, or its application to any person
or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions
of the Ordinance to other persons or circumstances, is not affected.
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Section 5 - Effective Date. This ordinance, being an exercise of a power specifically delegated
to the City legislative body, is not subject to referendum. This ordinance shall take effect (5)
days after passage and publication of an approved summary thereof consisting of the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 19th day of February, 2019.
APP OVED AS TO RM:
William E. Bloor, City Attorney
Sissi Bruch, Mayor
AT EST:
LIJ,W, "=::�z - ��
Kari Martinez -Bailey C rk
PUBLISHED: r,4-�-r, 2019
By S mart'
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Summary of Ordinances Adopted by the Port Angeles City Council on February 19, 2019
ORDINANCE NO. 3619
AN ORDINANCE of the City of Port Angeles, Washington, amending Chapter 2.74 of the Port
Angeles Municipal Code relating to fees and costs charged for providing copies of certain public
records.
This ordinance is not subject to referendum and shall take effect 5 days after passage and
publication of an approved summary thereof consisting of the title.
The full texts of Ordinances are available at City Hall in the City Clerk's office, on the City's
website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through
Friday 8:00 a.m. to 5:00 p.m.
Kari Martinez -Bailey
City Clerk
Published by summary: Friday, February 22, 2019