HomeMy WebLinkAbout2754ORDINANCE NO.
2754
AN ORDINANCE of the City of Port Angeles
implementing the Public Disclosure Act,
Chapter 42.17 RCW, and establishing a
new Chapter 2.74 in the Port Angeles
Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES
ORDAIN as follows:
Section 1. There is hereby established a new Chapter
2.74 in the Port Angeles Municipal Code, to read as follows:
CHAPTER 2.74
INSPECTION OF PUBLIC RECORDS
Sections:
2.74.010 Purpose and Policy.
2.74.020 Definitions.
2.74.030 Request for Records.
2.74.040 Response to Request.
2.74.050 Record Copying.
2.74.060 Records Available for Inspection.
2.74.070 Records Exempt from Public Inspection.
2.74.080 Record Copying Payment.
2.74.090 Payment of Cost of Transcription of Verbatim
Written Transcript for Court Proceedings.
2.74.010 - Purpose and Policy. The purpose of this
Chapter is to provide for the administration of the requirements
for public disclosure and availability of City records as
provided in Chapter 42.17 RCW and to establish guidelines and
procedures to assure that appropriate records and information are
made available to the public for inspection or copying. It shall
be the City's policy to assure access to public records and
documents concerning the City's government while maintaining the
right of individuals to privacy. This policy shall not be
construed as providing authority to any City employee to give,
sell, or provide access to lists of individuals requested for
commercial purposes.
2.74.020 - Definitions.
A. "Public Records" means any writing containing infor-
mation related to the conduct of government or the performance of
any governmental or proprietary function prepared, owned, used,
or retained by the City of Port Angeles, regardless of physical
form or characteristics.
B. "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording
any form of communication or representation, including, but not
limited to, letters, words, pictures, sounds, symbols, or
combination thereof; and all papers, maps, magnetic or paper
tapes, photographic films and prints, motion picture film and
video recordings, magnetic or punched cards, discs, drums,
diskettes, sound recordings and other documents, including
existing data compilations from which information may be obtained
or translated.
2.74.030 - Request for Records. Any person desiring to
inspect or receive a copy of any identifiable public record of
the City may make a written request in person, by mail, or by
other form of communication, to the City department having
custody of such record, during the department's customary office
hours.
2.74.040 - Response to Request.
A. Within five business days of receiving a public record
request in writing, authorized City employees shall respond by
either (1) providing the record; (2) acknowledging that the City
has received the request and providing a reasonable estimate of
the time the City will require to respond to the request; or (3)
denying the public record request. Additional time required 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 and that a denial should be made as to all or part of
the request. In acknowledging receipt of a public record request
that is unclear, the City may ask the requestor to clarify what
information the requestor is seeking. If the requestor fails to
clarify the request, the City need not respond to it.
B. If doubt exists regarding the use and release of public
records or information, or if the request for information or
records is unclear, the employee shall refer the matter to
his /her department head for clarification. It is the responsi-
bility of the department head to determine whether the records
should be available for public scrutiny. The City Attorney shall
be consulted when the interpretation of this policy is in
question.
C. If, upon such review, it is determined that the
disclosure of the information requested should be denied in part
or entirely, then justification for the deletion or withholding
of information shall be explained fully in writing.
2.74.050 - Inspection and Copying Procedures.
A. Each City department shall maintain public access to
official records but shall also protect public records from
damage or disorganization and shall not allow excessive inter-
ference with other essential functions of the department and the
City.
B. Public records shall be available for inspection and
copying during regular office hours.
C. City facilities shall be made available to any person
for the copying of appropriate public records except when and to
the extent that this would unreasonably disrupt the operations of
the City.
D. Whenever a member of the public has requested to
inspect an identifiable public record and that request has been
denied, such denial shall be in writing. The person whose
request has been denied may submit a request to have such denial
reviewed by the City Clerk. If the written request includes a
request for copies, payment in accordance with the fee schedule
provided for and established in this Chapter may also be
tendered.
E. The review of the denial by the City Clerk shall be as
prompt as possible. Such review shall be deemed completed at the
end of the second business day following the date of denial of
the record request and shall constitute the final action of the
City for the purpose of judicial review.
F. No fee shall be charged for the inspection of public
records. However, a charge for providing copies of public
records and for the use by any person of City equipment to copy
public records shall be established by City Council resolution.
2.74.060 - Records Available for Inspection.
A. The following records are available for public
inspection and copying unless otherwise exempt from public
disclosure by Chapters 42.17, 43.43 and 10.97 RCW, PAMC 2.74.070,
or the United States or Washington State Constitutions or the
case law interpreting said laws:
1. Final opinions, including concurring and
dissenting opinions, as well as orders made in the adjudication
of cases or applications.
2. Statements of policy and interpretations of
policy, statute, and the City Code which have been adopted by the
City.
3. Administrative staff manuals and instructions to
staff which affect a member of the public.
4. Planning policies and goals and adopted interim
and final planning decisions.
5. Factual staff reports and studies; factual
consultants' reports and studies; scientific reports and studies;
and any other factual information derived from tests, studies,
reports, or surveys, whether conducted by public employees or
others.
6. Correspondence and materials referred to therein
by and with the City relating to any regulatory, supervisory, or
enforcement responsibility of the City whereby the City deter-
mines, or is asked to determine, the rights of the City, the
public, a subdivision of the City government, or of any private
party.
7. All information or documents cited, presented, or
made available in a public meeting by a representative of the
City.
8. All other public records as defined in RCW
42.17.020.
B. In accordance with RCW 42.17.260, the City Clerk, in
cooperation with all City departments, shall maintain a current
index of all records identified in PAMC 2.74.060(A).
2.74.070 - Records Exempt from Public Inspection. The
following records are exempt from public inspection and copying:
A. Personal information in files maintained for employees,
appointees, or elected officials of the City to the extent that
disclosure would violate individual rights to privacy or would
substantially damage vital government functions.
B. Information required of any taxpayer in connection with
the assessment or collection of any tax if the disclosure of the
information to other persons would (a) be prohibited to such
persons by RCW 82.32.330, or (b) violate the taxpayer's right to
privacy or result in unfair competitive disadvantage to the
taxpayer.
C. Specific intelligence information and specific
investigative records compiled by investigative, law enforcement,
and penology agencies, and state agencies vested with the
responsibility to discipline members of any profession, the
nondisclosure of which is essential to effective law enforcement
or for the protection of any person's right to privacy.
D. Information revealing the identity of persons who are
witnesses to or victims of crime or who file complaints with
investigative, law enforcement, or penology agencies, if
disclosure would endanger any person's life, physical safety, or
property. If at the time a complaint is filed the complainant,
victim, or witness indicates a desire for disclosure or non-
disclosure, such desire shall govern.
E. Test questions, scoring keys, and other examination
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data used to administer an employment examination.
F. Except as provided by Chapter 8.26 RCW, the contents of
real estate appraisals, made for or by the City relative to the
acquisition or sale of property, until the project or prospective
sale is abandoned or until such time as all of the property has
been acquired or the property to which the sale appraisal relates
is sold, but in no event shall disclosure be denied for more than
three years after the appraisal.
G. Valuable formulae, designs, drawings, and research data
obtained by the City within five years of the request for disclo-
sure when disclosure would produce private gain and public loss.
H. Preliminary drafts, notes, recommendations, and intra-
agency memorandums in which opinions are expressed or policies
formulated or recommended; except that a specific record shall
not be exempt when publicly cited by an authorized City repre-
sentative in connection with any City action.
I. Records which are relevant to a controversy to which
the City is a party but which records would not be available to
another party under the rules of pretrial discovery for causes
pending in the superior courts.
J. Records, maps, or other information identifying the
location of archaeological sites in order to avoid the looting or
depredation of such sites.
K. All applications for public employment, including the
names of applicants, resumes, and other related materials
submitted with respect to an applicant.
L. The residential addresses and residential telephone
numbers of employees or volunteers of the City which are held by
the City in personnel records, employment, or volunteer rosters,
or mailing lists of employees or volunteers.
M. The residential addresses and residential telephone
numbers of the customers of the City utilities contained in the
records or list of the City.
N. Information that identifies a person who, while a City
employee (1) seeks advice under an informal process established
by the City in order to ascertain his or her rights in connection
with a possible unfair practice under Chapter 49.60 RCW against
a person; and (2) requests his or her identity or any identifying
information not be disclosed.
0. All other public records identified in Chapters 42.17,
10.97, 43.43 RCW or protected from public disclosure by the
United States or Washington State Constitutions or the case law
interpreting said laws.
2.74.080 - Record Copying Payment.
Payment for the cost of reproduction of all public
records shall be made at the time the request for public records
is made. If there is uncertainty as to the amount required, the
amount tendered shall be based upon estimates established by the
City Clerk in the schedule of costs for reproduction. If the
actual amount of the cost of reproduction exceeds the amount
tendered, the balance shall be paid upon delivery of the
requested copy or copies. In the event the amount tendered
exceeds the actual cost, the balance shall be refunded at the
time of the delivery of the copy or copies.
2.74.090 - Payment of Cost of Transcription of Verbatim
Written Transcript for Court Proceedings.
A. Whenever the City is required to prepare a verbatim
written transcript of any proceeding of the City in response to
a writ of review or other action filed in the Superior Court or
any other State or Federal court, the cost of preparing the same
shall be borne by the party filing the action. The party filing
such action shall pay to the City Clerk the estimated cost of the
preparation of the transcript (as established by the City Clerk),
including copying costs, and the City Clerk shall thereafter make
a provision for the preparation of the transcript.
B. Should the actual cost incurred by the City in
preparation of the transcript exceed the amount deposited with
the City Clerk, the party making such deposit shall be required
to reimburse the City for such additional amount within ten (10)
days of notification that such amount is due, or prior to the
time the transcript is required to be filed with the court,
whichever occurs first. Should the actual cost incurred by the
City be less than the estimated cost deposited, such credit due
shall be reimbursed by the City to the party making the request.
C. Requests for transcription of dispatch tapes or other
department recordings not otherwise exempt shall be in writing
and directed to the supervisor of the records division of the
police department. The supervisor shall establish the estimated
cost of preparation of the transcript and make provision for the
preparation of the transcript in accordance with subsections A
and B.
Section 2 - Severability. If any provision of this
Ordinance, or its application to any person or circumstance, is
held invalid, the remainder of the Ordinance or application of
the provisions of the Ordinance to other persons or circum-
stances, is not affected.
Section 3 - Effective Date. This Ordinance shall take
effect five days after the date of publication by summary.
PASSED by the City Council of the City of Port Angeles at a
regular meeting of said Council held on the 16th day of March,
1993.
ATTEST:
L
Carol A Hagar, City 'Terk
APPROV
AS TO FORM:
it
Craig Diutson,
PUBLISHED: March
93.04
o(L
City Attorney
21, 1993
By Summary
-8-
Summaries of Ordinances Adopted by the
Port Angeles City Council
on March 16, 1993
Ordinance No. 2751
This Ordinance of the City of Port Angeles rezones property legally described as
all that property lying between Lauridsen Boulevard and Park Avenue in the
Southwest quarter of Section 11, Township 30 North, Range 6 West, W.M., more
particularly described as follows: All of Blocks, 2, 3 and 4, including alleys,
Nantucket, Greyburn, Elmore, Lafayette Streets and Manhatten Avenue, and all
of vacated Blocks 9, 10 and 11, and the East Half of Lots 1 through 11, Block 8,
and the abutting vacated streets and alleys, in Campbell' s Addition to Port
Angeles, as recorded in Volume 2 of Plats, page 2, records of Clallam County,
Washington. This Ordinance rezones the above described property from RS -9,
Residential Single - Family, to RMD, Residential Medium Density, and amends the
Official Zoning Map.
Ordinance No. 2752
This Ordinance of the City of Port Angeles amends Ordinance No. 1709, as
amended, and Title 17 of the Port Angeles Municipal Code to allow fire stations
as a conditional use in the CSD -C1, CSD -C2, ACD, CBD, LI and M -2 Districts.
Ordinance No. 2753
This Ordinance of the City of Port Angeles annexes the following described
property into the City: The southern one -half of Block 5, the northern one -half
of Block 8, and the adjacent rights -of -way lying north of the center -line of the
statutorily vacated Eckard /Leighton alley extended to the present City limits,
Illinois Addition, Township of Port Angeles, Clallam County, State of
Washington. This approximately 5 acre area will bear a pro -rata share of the
outstanding indebtedness of the City and will be zone RS -9, Residential Single -
Family
Ordinance No. 2754
This Ordinance of the City of Port Angeles implements the Public Disclosure Act,
Chapter 42.17 RCW, and establishes a new Chapter 2.74 in the Port Angeles
Municipal Code, which provides for the administration of the requirements for
public disclosure and availability of City records and establishes guidelines and
procedures to assure that appropriate records and information are made available
to the public for inspection or copying.
Ordinance No. 2755
This Ordinance of the City of Port Angeles amends Section 1 of Ordinance 2720
and PAMC 5.80.030(D) by amending the definition of "competitive telephone
service" in the City's Public Utility Tax Ordinance.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Becky J. Upton
City Clerk
Publish: • t--e--A- ,,? / ) / f ,3