HomeMy WebLinkAbout3213ORDINANCE NO. 371 'I
AN ORDINANCE of the City of' Port Angeles, Washington, amending and
updating the City's procedure for inspection of public records and
amending Chapter 2.74 of the Port Angeles Municipal Code.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES does hereby ordain as
follows:
Whereas, the City's policy for inspection of public records needs to be amended and
updated to be consistent with changes in State law.
NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 2754, as amended, and Title 2, Administration and
Personnel, shall be amended by amending Chapter 2.74, Inspection of Public Records,
PAMC, to read as follows:
CHAPTER 2.74
INSPECTION OF PUBLIC RECORDS
Sections:
2.74.005 References.
2.74.010 Purpose and Policy.
2.74.015 Interpretation and Construction of Provisions.
2.74.020 Definitions.
2.74.025 Public Records Officer
2.74.030 Request for Records.
2.74.035 Requests for lists of individuals - Affidavit required.
2.74.040 Response to Request.
2.74.050 Record Copying.
2.74.060 Records Available for Inspection.
2.74.070 Index of Public Records Filings
2.74.0.780 Records Exempt from Public Inspection.
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2.74.0$90 Record Copying Payment.
2.74.090100 Payment of Cost of Transcription of Verbatim Written Transcript for
Court Proceedings.
2.74.110 Failure of City
2.74.005 - References. All references in this Chapter to Chapter 42.17 RCW shall refer
to the section identified as it now exists and as it may hereafter be amended or recodified.
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
appt„pt;atl records and infottttatiotr 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.
2.74.015 - Interpretation and Construction of Provisions. In applying these rules and
Chapter 42.17 RCW, persons dealing with public records shall interpret these rules and Chapter
42.17 RCW so that their provisions are construed to promote full access to public records, so
as to assure continuing public confidence in governmental processes, and so as to assure that the
public's interest will be fully protected.
2.74.020 - Definitions.
A. "PublicRct, olds" ntcattsaiyw ii ti ngcontai ni ngi nfottltat iotltclatcdtotilt,wttdu.t
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611d V V 1.1 y l)tltl.l 111calm V f 1l.l.ut dmg any fill n, of UV ttltllulll.atl Vtt vt t 1.pt . ..11tatl Vtl, ntl.] ud ;ng, L ut
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lttap J, tttagttuttl. vi rapid tapes, pl,vtvglaplins f1 1111J an pun n, 111V um plelUlc llltn and v,tleu
teed d;ngs, ntagnetiL e, punclll.�att1J, dIJI.J dtutl13, d.1J�1.tt1.J, JUL/11 d 1l.l.V1d11163 an vlllla
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The definitions of "person," "public record ", and "writing" contained in RCW 42.17 are
hereby adopted.
2.74.025 - Public Record Officer. The City Clerk is designated the Public Records
Officer for the City of Port Angeles.
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 L,1 pelsel,, Ly mail, 01 byvtltct
fi tttt of eo,tttttun ;eat ;on, to the City's Public Records Officer. dl,pa ttttcnt ltavi
,uch 1cco,d, da1L11g t11c dl,palt,ncnt's customary off,cl hauls.
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A. All requests for public records shall be made in writing and delivered in person
or by mail. Requests delivered by facsimile, electronically, telephone, or orally will not be
accepted as valid public records requests.
B. 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 that contains the following information.
1. The date of the request.
2. The name of the requestor.
3. The full address of the requestor.
4. The telephone number of the requestor.
5. A description of the requested record adequate to identify it.
6. The title and date of the requested record, if known.
7. Whether the requestor intends to inspect the records or to obtain a
photocopy of the records.
C. The written request shall be stamped to show the date and time of receipt by the
Public Records Officer.
D. Requests for public records shall be submitted to the Public Records Officer at
321 East Fifth Street, P.O. Box 1150, Port Angeles, WA 98362, or his or her designee.
2.74.035 - Request for lists of individuals - 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 either:
(1) That states that he /she is not requesting the list for commercial purposes; or
al That states that he /she is specifically authorized or directed by law to obtain the
list of individuals for commercial purposes, and that identifies such law.
2.74.040 - Response to Request.
A. Within five business days of receiving a public record request in writing,
authviic� l the Public Records Officer City uiipluy ,c shall respond by either (1) providing the
record; (2) Tcknowledging 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 ; (4) Request clarification of the request; and/or (5) request a deposit. 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 Eity Public Records Officer 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. The City shall not deny a request for identifiable records solely on the basis that
the request is overbroad.
C. Each City department may designate within its own department certain "over the
counter" records available to the public for immediate inspection without the requirement of a
formal public records request. hi the event a photocopy of "over- the - counter" records is
requested, and if the requested record is an 81/2" by 14" page or smaller, the department shall
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provide the first ten (10) pages free of charge. However, if the photocopies exceed ten (10)
pages, the applicable duplication costs shall be charged.
D. 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.
E. Request of Continuation. A public disclosure request may not be continuing in
nature.
F. Records Format. Any records or portions of records will be provided to the
requestor in the same format as they are retained, provided that any disclosable records contained
on a computer or other electronic or mechanical device shall, at the discretion of the City, be
provided in printed form, on disk, or in another format. If the requester specifies a format in
which the records should be disclosed, the City will disclose the records in the requested format
if (1) it is determined that disclosable records exist, (2) the City is capable of providing the
records in the format requested, (3) the format requested is reasonable, and (4) the requestor pays
all fees required by this policy
G. Inspection of Records. The City's response to the request shall be deemed
complete and the City's response final upon (1) requestor's inspection of the records or (2) in
the event photocopies were requested, upon notification to the requestor that the photocopies
requested are available for .a ent and .ick -u.. In the event a requestor chooses to insect
records, the Public Records Officer shall notify the requestor once the records which respond
to the request are available for inspection. The records will be available for inspection at a date
and time mutually agreeable between the requestor and the Public Records Officer, or his or her
designee. Inspection of the records may be broken into intervals, so as to not interfere with the
daily operation of the City Clerk's Office, or other City employees. Any appointment to inspect
records shall be limited to no more than a two (2) hour appointment on any given day, unless
otherwise mutually agreed upon between the requestor and the Public Records Officer, or his or
her designee. Records that have been compiled for inspection shall be made available to the
requestor for a period of no more than fourteen (14) calendar days. In the event a requestor fails
to contact the Public Records Officer, or his or her designee, within fourteen (14) calendar days
of being notified that the records are available for inspection (1) the records shall be returned to
the originating department, and (2) the requestor will need to submit a new request for the
records and the process will begin anew
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&H. 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 t,xplaii1cd fully given 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
interference 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.
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1' :D. No fee shall be charged for the inspection of public records. However, a charge
for copies of public records shall be established by City Council Ordinance.
E. The Public Records Officer may require a deposit in an amount not to exceed ten
percent of the estimated cost of providing copies for a request. If the Public Records Officer
makes a request available on a partial or installment basis, the Officer 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.
2.74.060 - Records Available for Inspection.
A. Tlie fnllowillg All public records of the City are available for public inspection
and copying unless otherwise exempt from public disclosure as provided in 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.
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8. All ethla public ic.,0id, aJ dl,fincd in RCW 42.17.020.
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2.74.070
A.B. I11 acco�
Index of Public Records - Filings.
1. Ch 42 17 RCW requires all cities and public agencies to maintain and
make available a current index of all public records.
2. RCW 42.17.260(4)(a) provides that if maintaining such an index would
be unduly burdensome, or would interfere with agency operation, a city need not maintain such
an index but it must issue and publish a formal order specifying the reasons why and the extent
to which compliance would be unduly burdensome.
3. The City of Port Angeles is comprised of seven departments, their
divisions and subdivisions, which maintain separate databases and/or record keeping systems for
the indexing of records and information.
4. Because the City has records that are diverse, complex and stored in
multiple locations and in multiple formats and/or databases, it is unduly burdensome, if not
physically impossible, to maintain a central index of records.
5. The City of Port Angeles will make available for inspection and/or
copying all public records, including any indexes that are maintained by the City pursuant to the
Public Disclosure Act, Ch 42 17 RCW and this chapter.
B. Order regarding Public Records Index. Based upon the findings set forth above
and pursuant to RCW 42 17 260(4)(a), the City Council orders the following:
1. The City of Port Angeles is not required to maintain a current index of
public records due to findings of the City Council: the requirement is unduly burdensome and
such a list is nearly impossible to create and/or maintain, and
2. Pursuant to Ch 42.17 RCW and this chapter, the City of Port Angeles shall
make available for public inspection and/or copying all public records and any indexes of public
records maintained by the City to the extent not exempt from inspection and/or copying pursuant
to RCW 42 17 310 or other applicable law.
2.74.M0 - Records Exempt from Public Inspection. Tlie fullown
10111 public in IAA, tun an wpyuls.
vu 111 substantially dairagc vi
B. I1lfunnatt011 fcgatfcd of any taxpayci it
wll .tiu11 Of any tan if tl1., diJi.lust]ic of t11c infoiniattoii to otllc1 pci Sous .%o 1111 (dl l e piolubil1,
to .u,IL pia ui,s by RCW 82.32.330, in (b) vtolalc tl1c tanpaycl' 1;04 tv p.tvacy vi it.Nult in
Y
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xce",t aS prvv.d d by Chapter 8.26 RC W, the ce..tL,Its Of real estates app.aisala,
Ina 1/4, Iv' in l,y the City it, latin, tv tla, acqu, p,vpc'ty, uut,l the piuJL t 01
I„vnpwtive sale in aland um. d v, until was tin's an all of t11 p,vpc,ty lan 1,,.„ aegaiail v, the
Mills than tluec yeas after the app,aisal.
will;,, five yea's of the request for distAnsuic h.,n disclvsure oxeuld pi educe p1ivatc gain and
pulls
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ity utilltics coi,taincd lilt 1c,,e1 ds 01 list of thL City.
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lcquestn Iris e1 11cr idclltityo1 a11q identifying mfvnnatien stet Le discloscd.
&A. All other public records identified as exempt from public disclosure 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 are exempt from disclosure
under this Chapter. The City need only disclose records to the extent required or permitted by
state or federal law and nothing in this Chapter shall be interpreted as requiring the disclosure
of any record that is not subject to disclosure by state or federal law. Generally, any record, or
portion thereof that is exempt from disclosure will not be disclosed, and information contained
in the records may be removed to the extent necessary or permissible by law.
B. The City will not create records or documents in response to a request for public
records that do not exist at the time the request is made.
2.74.0890 - Record Copying Payment. Payment for the cost of reproduction of all public
records shall be made at the time the lequent fat public records in "'ad,, are made available to the
requestor. If th. rc is unecrtaiuty an tv the a,,,en t rcquircd, tic an,odnt lcn shall b,, lantd
Upuit wtiivatw wtaLliahcd l,y llic City Ch,1 k ni tIic SC11 IL
ai,thal auiuuul of tlic cunt of iLploduction Gxcci.4 tlic ailiount lcn&rcd, tlic ha ha
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2.74.09@100 - 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.
2.74.110 - 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 those outlined in Ch 42.17 RCW.
Section 2. Severability. If any provisions of this Ordinance or its applications to any
person or circumstances is held to be invalid, the remainder of the Ordinance or application of
the provisions of the Ordinance to other persons or circumstances is not affected.
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.
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Section 4. Effective Date . This Ordinance shall take effect five days after its
publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
th
Council held on the 16 day of August , 200
ATTEST:
Becky J. Up 4 ;, CJ' Clerk
APPR VED AS TO FORM: 7/
/; /�/
William E. Bloor, City Attorney
PUBLISHED: August 21, 2005
By Summary
G: \Legal_Backup \ORDINANCES &RESOLUTIONS\ 2005- 29 .Title2.74PublicRecords7- 12 -05. wpd
July 15, 2005
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MA 0
Summary of Ordinance Adopted by the
Port Angeles City Council
on August 16, 2005
Ordinance No. 3213
This Ordinance of the City of Port Angeles, Washington, amends and updates the City's
procedure for inspection of public records and amends Chapter 2.74 of the Port Angeles
Municipal Code.
The full text of the Ordinance is 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. This
Ordinance shall take effect five days following the date of publication by summary.
Becky J. Upton, CMC
City Clerk
Publish: August 21, 2005