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ORDINANCE NO. 3 3 8 4
AN ORDINANCE of the City of Port Angeles, Washington, amending
Chapter 2.74 of the Port Angeles Municipal Code relating to
inspection of public records.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES do hereby ordain as
follows:
Section 1. Ordinance 2754, as amended, and Chapter 2.74 of the Port Angeles
Municipal Code are hereby amended as follows:
Sections:
2.74.005
2.74.010
2.74.015
2.74.017
2.74.020
2.74.025
2.74.030
2.74.035
G. /Y.VJV
2.74.060
2.74.07640
2.74.08-050
2.74.060
2.74.09070
References.
Purpose and Policy.
Interpretation and Construction of Provisions.
Preservation and Retention of Records.
Definitions.
Public Records Officer.
Procedures for Requests and Response to Requests.
Requests for Lists of Individuals - Affidavit Required.
Resports gln,st.
icecora �apy1 ng.
Records' Available for Inspcction.
Index of Public Records - Findings.
Records Exempt from Public Inspection.
No Duty to Create Records.
Record Copying Payment.
Nou roceea trig s.
2.74.080 Administrative Process for Review of Exemptions and Privileges.
2.74.110090 Failure of City.
2.74.005 - References. All references in this Chapter to Chapter 4-27H 42.56 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
efficient and thorough disclosure and availability
of City records as provided in Chapter 422717 42.56 RCW and
Ito assure that records are made available to the public for inspection or copying.—It
in accordance with
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applicable law.
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2.74.015 - Interpretation and Construction of Provisions. In applying thcse rules and
Chaptei 42.17 42.56 RCW, persuns*lealing with public icceids shall intcrprct t These rules and
Chapter 7 42.56 RCW .: shall be construed to promote fullest
access to public records in accordance with applicable law, so as to assure continuing public
confidence in governmental processes, and so as to assure that the public's interest will be fully
protected.
2.74.017 - Preservation and Retention of Records.
A. All public records are and shall remain the property of the City. Outgoing
officials and employees shall deliver such records to the City Clerk.
B. The City shall comply with state and federal laws affecting public records,
including but not limited to the guidelines promulgated by the Secretary of State Division of
Archives and Records Management. Public records are preserved, stored, transferred, destroyed,
and otherwise managed only in accordance with the Public Records Policy, the City's Records
Management Policy and applicable state and federal law.
C. Nothing in this Policy prevents the City from destroying records in accordance
with RCW 40.14. But if a records request is made at a time when such record exists but is
scheduled for destruction in the near future for any reason, the Public Records Officer shall retain
.ossession of the record and ma not destro or erase the record until the request is resolved.
D. Public records shall be protected during inspection by the public as set forth in
section 2.74.030, below.
2.74.020 - Definitions.
A. The definitions of "person," "public record," and "writing" contained in RCW
42.56 are hereby adopted.
B. "Act" refers to the Public Records Act, at Chapter 42.56 RCW.
C. "City" refers to the City of Port Angeles.
D. "Electronically redact" means redacting information from copies of electronic
records in such a wa that the exem.t information is .ermanentl removed from the co and
cannot be in any way recovered.
E. "Exem.t information" means an information that ma be redacted .ursuant
to the Public Records Act and /or other applicable law.
F. "Metadata" is data about data. It is typically generated by programs that create
electronic documents, and is attached as part of that document as hidden text. It includes
information describin as . ects of actual data items such as name of the author formattin
content
editin
histo
and on ins of the document.
It can be dis .la ed throu h tools in the
program that created the document.
G. "Native Electronic Format" means the electronic format an electronic record
originally exists as. For example, a Word document's native formation would have the ".doc"
extension.
H. "Reasonably locatable" means an electronic record that can be located with
ical search features and or anizin methods contained in the Ci 's current software.
I. "Records Res uest" means a request for .ublic records made to the Ci
pursuant to the Act.
J. "Re uester" means the . erson or enti that has made a records re • uest to the
City.
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2.74.025 - Public Records Officer.
7cer for the Ci gcles.
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A. Public records requests must be made to the Public Records Officer.
The City Clerk is the City's Public Records Officer for all City departments, except the
Police Department. The City Clerk may be contacted in person at City Hall or via first class mail
addressed to the Public Records Officer at City Hall. The Police Department shall designate its
own Public Records Officer. The Police Department Records Officer may be contacted in person
at the Port Angeles Police Department or via first class mail addressed to the Public Records
Officer at the Port Angeles Police Department.
r
The City's Public Records Officers are located in City Hall.
Port Angeles City Hall is located at:
321 East 5th Street
Port Angeles, Washington 98362
Customer Service and City Clerk hours are:
Monday through Thursday, 8:30 a.m. to 4:00 p.m.; and
Friday, 8:30 a.m. to 12:30 p.m.
Police Department hours are: Monday through Friday, 9:00 a.m. to 4:00 p.m.
Each Public Records Officer may designate one or more Assistant Public Records
Officer(s). An Assistant Public Records Officer will help the Public Records Officer as
requested and shall carry out all of the Public Records Officer's duties when the Public Records
Officer is not available.
The person serving as the Public Records Officer may change from time to time. The
name and contact information for the current individuals serving as the Public Records Officer
shall be posted at the City Hall and on the City's Website.
In addition to accepting requests for records, the Public Records Officer is available
for assistance and information about the City's records.
The Public Records Officer may delegate specific responsibilities to City staff, but
remains ultimatel res.onsible for overseeing com.liance with the Act and the Polic . The
Public Records Officer shall:
1. Be res.onsible for im.lementin the Ci 's .rocess for res.ondin to
public records requests;
2. Serve as the principal contact point with any Requester who has made
a records re • uest to the Cit unless the Public Records Officer has dele ated these
responsibilities for a particular records request to an Assistant Public Records Officer;
3. Coordinate Ci staff and enerall ensure com.liance with .ublic
records disclosure requirements; and
4. Make the final decision, in cooperation with the City Attorney, as to
whether a particular record is subject to an exemption.
2.74.030 - Requcst for Records. Procedures for Requests and Responses to Requests.
Any person desiring to inspect or receive a copy of any identifiable public record of the City
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may make a written request to the City's Public Records Officer. The procedures for a Requester
to make a request, and for the City to respond, are set forth as follows:
A. All requests fen-public records shall be made in writing.and delivered in person
The datc of the request.
iramc at the requesh,�.
qucstor.
cicpnone number or tnc rcqucstor.
pnon or tnc rcqucstca recora aacq
6. The title and date oft-he-requested record sown.
the I'ubhc Records Officer.
at 321 East Fifth Strcct, P.O. Box-1 150 Purt Angeles, WA 98362, or his -or -her dysigncc.
A. Requesting Records.
1. How to Make a Public Records Request.
Public records may be inspected or copies of public records may be obtained
by the public at City Hall upon compliance with the following procedures:
a. Each Department of the City identifies some records as "over
the counter" records. Such records include those that can be readily identified, are located at a
single source (do not require searching multiple files or departments) and are routinel made
available to the . ublic. Re . uests for an over the counter record ma be directed to the Ci
department that has control of the record. If a request is made for a record that is not an over the
counter record, the Requester must submit a records request to the Public Records Officer.
b. Except for over the counter records, all records requests must
be made to the Public Records Officer. (As to Over the Counter Records, see B.2, below). All
subsequent communications from a Requester should also be directed to the Public Records
Officer, unless an Assistant Public Records Officer has been delegated the responsibility for a
particular request.
c. To avoid confusion or miscommunication, a request for public
records should be made in writing. For the convenience of the public, the City provides forms
for records re • uests. A re • uest form is available at Ci Hall and on the Ci 's website. The
City encourages, but does not require Requesters to use the form.
d. A request may be mailed, faxed, emailed, or delivered in person
In the event a request is not made in writing, the Public Records
Officer shall confirm in writing to the Requester the details of the request.
e. A re . uest for records should include the following information:
The date of the request,
to City Hall.
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ii. The name of the Requester;
iii. The full address of the Requester.,
iv. The telephone number of the Requester;
v. A description of the requested record adequate to identify
vi. The title and date of the requested record, if known; and
vii. Whether the Requester intends to inspect the records or
to obtain a photocopy of the records.
B. Responding to Records Requests.
1 Instructions to City Staff - Procedures for Responding to Requests.
All public records of the City are available for disclosure except as
otherwise provided by law. We serve the public when responding to requests for public records.
Staff should strive to efficiently, accurately and thoroughly respond to each request. As with
all other services provided by the City, our goal is to go "above and beyond."
2. Over the Counter Records. Each Department of the City shall establish
a procedure for "over the counter" records. Such records may be • rovided immediatel in
res•onse to a request. Generally over the counter records can be defined as those readily
identifiable, located at a single source (does not require searching multiple files or departments),
and the document is routinely made available to the public. If a request is made for a record that
is not an over the counter record, the Requester must be informed that the records is not available
over the counter and that a records request must be filed with the Public Records Officer.
Each Department must log all requests for over the counter records
and all responses to such requests.
3. Contact Person. The contact person with the public for all public
records requests shall be the Public Records Officer. Requesters who have questions should be
directed to the appropriate Records Officer.
4. Date and Time of Request. Immediately upon receiving a request, the
Public Records Officer shall document the date and time the request was received.
5. Only Existing Records. The City is not required to create a record in
res • onse to a records re • uest. If a re • uest does not identi an existin record contact the Public
Records Officer for instructions.
6. Five Day Response. For requests for records not within the "over the
counter" cate o within five business da s of receivin a records re • uest the Ci shall res • and
lm
i.
ii. Sendin an "Acknowled ment Letter" acknowled in that the
City has received the request and providin •
require to respond to the request; or
iii. Requesting clarification, as outlined in Additional Time for
Notifying the Requester that the documents are available; or
a reasonable estimate of the time the Ci
will
Response, below; or
iv. Den in . the Records Re • uest. In a "Denial Letter " the Ci
should include an exem tion lo • as described in Section 19 .b if an res • onsive exem •t records
exist.
7. Additional Time for Res • onse. Additional time for the Ci to res • and
to a request may be based on the need to:
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i. Clarify what documents are being sought in the request;
ii. Locate and assemble the records requested;
iii. Use the requested record in the City' s normal course of business;
iv. Notify third persons or agencies affected by the request; or
v. Determine whether any part of the record requested is exempt
and that a denial should be made as to all or part of the request.
8. Unclear Requests. In acknowledging receipt of a records request that
is unclear, the City may ask the Requester to clarify what records the Requester is seeking. If
the Requester fails to clarify the request, the City may deem the request abandoned and need not
respond to it.
9. Large or Complex Requests. When a records request is for a large
volume of records, or when a records request involves complex searches or searches requiring
manual sorting of numerous files, the City may elect to provide records on an installment basis.
In such case, the Public Records Officer should provide a reasonable estimate in the
Acknowledgment Letter when the first installment will be available. At the time the first
installment is reviewed or copied, the Public Records Officer will estimate when the second
installment will be available, and continue on that basis until the entire request has been
com • leted. If a Re • uester does not contact the Public Records Officer within 15 da s to arran e
for the review of the first installment, the City may deem the request abandoned and stop
fulfilling the remainder of the request.
10. Identity of the Requester. The City may ask a Requester for personal
identification only when the law makes a record disclosable to a specific person.
11. Requests for Verification of Customer Information. A customer service
employee mayoonly verify whether a customer is or has been a customer of the Cit . An oy ther
request for verification shall be forwarded to the Public Records Officer.
If a customer wishes to have the City verify his or her address, the
customer shall provide the City a statement in writing authorizin the Ci to •rovide that
verification. This authorization shall be construed as applicable to all requests for verification,
unless the authorization is expressly limited to particular Requesters.
12. Procedures for Conducting Searches for Public Records. Except for
over the counter records, the Public Records Officer will poll all City departments to determine
what records and the . uantit of records each de artment ma have that fall within the sco . e
of a records request.
Each de • artment shall search all records within its control includin
all types of storage media.
Each department shall respond to the Public Records Officer within
4 business days. It is important to be prompt!
After receiving and organizing the responses from each department, the
Public Records Officer shall prepare a schedule for production of the records. The Public
Records Officer shall noti each de artment when the records from that de artment are due.
Each de • artment then shall or anize its activities to com
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with the schedule
re
ared
b
the
Public Records Officer. Again, it is important to be prompt!
In some instances unexpected events may interrupt the schedule. In
such instances, it is important to immediately contact the Public Records Officer.
13. Re • uests for Electronic Records. Electronic records like . a er records
are "•ublic records" sub'ect to the Public Records Act
but
it is not alwa
s feasible to
redact
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exempt information from electronic records when the records are still in their Native Electronic
Format. Thus, to protect exempt records, it will sometimes be necessary to either print the record
and redact it by hand, or convert the record into an electronic format that can be electronically
redacted.
If the Records Request includes requests for electronic records, the
Public Records Officer may propose a list of search terms based on the records request to the
Requester to assist the City in its search of responsive records.
a. Non - exempt reasonably locatable electronic records are subject
to disclosure. If the Requester has requested an electronic record but has not specified any
particular format, the City may produce the record in paper format with any necessary redactions.
If a Requester requests a copy in electronic format, the records shall be copied onto a compact
disc or other available medium. If the Requester requests to review the record or has requested
a copy but lacks the necessary software to review the record in electronic form, the City may
make a computer available to allow the Requester to review the record electronically, if
equipment to do so is available without disrupting the usual work of City staff.
b. Electronic records containing no exempt information. Electronic
records that do not contain exempt information (including any metadata) shall be produced in
their Native Electronic Format if requested in that format.
c. Electronic records containing exempt information.
i. Records. When a record contains exempt information,
the exem • t information shall be redacted from the co • • rovided to the Re • uester. Redactions
ma be
made
b
either
rintin
the record and redactin exem • t information b hand or
convertin • the record into an electronic format that can be electronicall redacted and
electronically redacting the exempt information. Alternatively, if the Requester wants the record
in its native electronic format, then the City shall treat the request as seeking customized access,
to be handled in the manner described in Section iii below.
Comment. It is usually not possible to electronically redact information from a record
in its native format. In such instances, it will be necessary to print the record and redact,
or convert the record into an electronic format that can be electronically redacted and
electronically redact the exempt information, or provide for customized access.
ii.
Databases. If the City can generate a report from the
database with the re •uested non -exem • t information throu h the standard •rocess it uses for
creatin
re o rts om this frata database
then the
Ci
shall
enerate a re •ort with the s • ecified
information and handle the request as it would any request for an electronic record not containing
exem • t information. If the re • uest re • uires additional ste • s then the Ci shall treat the re • uest
as seeking customized access, to be handled in the manner described in Section iii below.
Comment. When a re • uest is for information contained in a database the Ci should
consider the effort and ex • ense necessa for creatin a re • ort with the re • uested
information when res • ondin
If the Ci
re ularl
enerates re • orts from the database
and can enerate a re • ort from the database with the re • uested non -exem • t information
throu h the standard
rocess it uses for creatin
re • orts from this database then the Ci
shall generate a report with the specified information. This is true even if the information
would not icall be included in a re • ort the Ci normall • enerates. If however it
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would take additional programming or other steps to generate a report, then the City may
treat the request as one requiring customized access. The City should get the Requester's
commitment to pay for this access before it incurs the cost.
iii. Customized access.
(A). Creating a new record. When a Requester seeks
an electronic record in its native format that contains exempt information, the City shall redact
the exempt information by creating a new record in the native format without the exempt
information, provided that the Requester agrees to pay for the costs of this customized access.
The City may also choose to create a new record as the most cost - effective way to redact
information, provided that the Requester consents.
Comment. The Public Records Act does not require public agencies to create records in
response to a public records request. Creating a new record, however, may be the only
wa to allow access to an electronic record in its native format when the on inal record
contains exempt information that must be redacted. There are also times when creating
a new record may be the most cost - effective way for the City to redact exempt
information from an electronic record. For example, in a spreadsheet it will often be
easier to create a new spreadsheet without a column that contains exempt information,
rather than print and redact the column by hand. Under these circumstances, if the
Re • uester consents, the City should consider this option without charging the Requester.
(B). Computer programming. If the Requester seeks
information from a database that requires additional programming to generate a report with the
re • uested information, the City may provide this customized access, • rovided that the Ci
possesses the technological capability to do such programming and provided that the Requester
agrees to pay for the costs of this customized access. If a Requester seeks access to the actual
database itself and additional programming is required to allow this access or to insure the
Requester cannot access exempt information, the City may provide this customized access,
provided that the City possesses the technological capability to do such programming and
provided that the Requester agrees to pay for the costs of this customized access. Under no
circumstances shall a Re • uester be iven access to a database if it is not • ossible to • rotect
exempt information.
(C). Metadata. If a Requester seeks metadata from
a record that contains exem •t information and the Cit•ossesses the technological ca.abili
the Ci
ma
rovide a re
ort containin
that metadata with all exem
t information redacted.
14. Notice to Third Parties. If a public record contains personal information
that identifies an individual or organization or contains information that pertains to an identified
individual or organization and if the Ci is uncertain whether an exem.tion a..lies to the
record, or art of it, the City may notify that individual or or anization b sendin the third a
a "Notice of Re • uest" letter. The Cit ma send this notice to the individual or or anization if
releasin the information could dama e the individual or or anization or overnment
operations, or is not in the best interest of the public. The notice should include:
a. The record being requested;
b. The date the City intends to release the record; and
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c. Notice that the City will release the record by the specified date
if the contacted party does not obtain and serve on the City a temporary injunction, restraining
order, or similar court order.
notice.
to records requests.
This procedure shall not create any rights to third parties to such
This procedure will not be used to unreasonably delay responses
Comment: This procedure should not be followed unless there is a bona fide question
whether an exemption applies.
15. Notice to Requester. The City may also send a written notice to the
Requester notifying them that.
a. The individual or organization whose personal information is
contained in the requested public record has been notified;
b. Notice that the City will release the record by the specified date
if the contacted . a does not obtain and serve on the Cit a tem ora injunction restrainin
order, or similar court order; and
c. If the contacted party does obtain and serve on the City a
tem.ora injunction restraining order or similar court order disclosure ma be denied.
16. Procedures for Internal Tracking of Public Records Requests.
a. The Public Records Officer shall be responsible for tracking the
progress of requests for public records.
b. The Public Records Officer shall notify City record holders
when a request for public records has been received and to preserve all relevant records.
c. A form for tracking public records requests shall include the date
the request was received• the date the 5 -da letter was sent• the date estimated for com.letion•
the identity of person charged with managing the search; all persons contacted to search for
records; a summary of search efforts; and the date(s) the records were produced.
d. Each department shall implement a system to track over the
counter records requests. Each department shall send a summary of over the counter records
requests to the Public Records Officer each month.
17. Costs. Costs associated with producing public records are specified in
Cha.ter 3.70 of the Port Any eles Munici.al Code as ma be amended from time to time. The
customized access.
Cit ma collect a de.osit of u
to 10% of the
ro'ected cost before creatin
18. Exemptions.
After the Ci has athered res . onsive records the Ci shall determine
whether an exemption applies to all or part of a record. The City need not make available for
ins section and co in records exempt from .ublic ins.ection and co in under Cha.ter 42.56
RCW and /or other provisions of state or federal law
statute or re ' ulation.
The exemptions found outside the Public Records Act that are most
likely to potentially exempt records held by the City include:
RCW 4.24.550
RCW 5.60.060
RCW 5.60.070
Information on sex offenders to public
Privileged communications
Court- ordered mediation records
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RCW 7.68.140
RCW 7.69A.030(4)
RCW 7.69A.050
RCW 10.52.100
RCW 10.97.040
RCW 10.97.050
RCW 10.97.070
RCW 10.97.080
RCW 13.60.020
RCW 19.215.020
RCW 26.44.010
RCW 26.44.020(19)
RCW 26.44.030
RCW 26.44.125
RCW 27.53.070
RCW 29A.08.720
RCW 29A.08.710
Chapter 40.14 RCW
RCW 42.23.070(4)
RCW 42.14.030(7)
RCW 42.14.045
RCW 46.52.080
RCW 46.52.083
RCW 46.52.120
RCW 46.52.130(2)
RCW 48.62.101
RCW 50.13.060
RCW 50.13.100
RCW 51.28.070
RCW 51.36.060
RCW 60.70.040
RCW 68.50.105
Victims' compensation claims
Child victims and witnesses - protection of identity
Rights of child victims and witnesses - addresses
Records identifying child victim of sexual assault
Criminal history information released must include disposition
Conviction and criminal history information
Disclosure of identity of suspect to victim
Inspection of criminal record by subject
Missing children information
Destruction of personal health and financial information
Privacy of reports on child abuse and neglect
Unfounded allegations of child abuse or neglect
Reports of child abuse /neglect
Right to review and amend abuse finding - confidentiality
Records identifying the location of archaeological sites
Voter registration records - place of registration confidential
Voter registration records - certain information exempt
Preservation and destruction of public records
Municipal officer disclosure of confidential information
prohibited
Identity of local government whistleblower
Non - disclosure of protected information (whistleblower)
Traffic accident reports - confidentiality
Traffic accident reports - available to interested parties
Traffic crimes and infractions - confidential use by police and
courts
Abstract of driving record
Local government insurance transactions - access to
information
Access to employment security records by local government
agencies
Disclosure of non - identifiable information or with consent
Worker's compensation records
Physician information on injured workers
No duty to disclose record of common law lien
Autopsy reports
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Chapter 70.02 RCW
RCW 70.48.100
RCW 71.24.035(5)(0
RCW 71.34.200
RCW 71.34.210
RCW 71.34.225
RCW 72.09.585(3)
RCW 82.32.330
42 USC 405(c)(2)(vii)(1)
42 CFR Part 2 (2.1 -2.67)
45 CRF 160 -164
Medical records - access and disclosure - entire chapter (HC
providers)
Jail records and booking photos
Mental health information system - state, county and regional
support networks - confidentiality of client records
Mental health treatment of minors - records confidential
Court records for minors related to mental health treatment
Release of mental health services information
Disclosure of inmate records to local agencies - confidentiality
Disclosure of tax information
Limits on Use and Disclosure of Social Security Numbers
Confidentiality of Alcohol and Drug Abuse Patient Records
HIPAA Privacy Rule
This list is provided for information. The City is not bound by or
limited to these exemptions.
19. Additional Procedures for Exemptions.
a. When exempt portions of Public Records can be redacted, the
remainder thereof shall be open to public inspection and copying.
b. Exemption Log. If the City determines that all or part of a
record is sub'ect to an exem.tion the Ci shall so inform the Requester in writing includin
i.
ii.
iii.
record (or part) being withheld;
A description of the exemption;
The type of record being withheld;
If necessary, a short explanation of why it applies to the
iv. The date the record was created;
v. The number of pages., and
vi. The author, or other means of sufficiently identifying
particular records without disclosing protected contents.
c. Where the use of any identifying features would reveal protected
contents, the City may designate the record with a numbered sequence.
d. Pursuant to the Act, the City reserves the right to seek to enjoin
the examination of an s.ecific record the examination of which the Ci determines would
clearl
not
be
in
the
ublic interest and would substantiall
dama
e
an
erson
or
would
substantially damage vital governmental functions.
20. Inspection of Records.
a. Notice of Availability. When the records responsive to the
request (or the first installment) are available for inspection, the Public Records Officer shall
send the Re uester a "Notice of Availabili " letter. If the Requester fails to contact the Ci
within 15 da s of the mailing of this letter the Ci
the Ci is .roducin in installments this letter shall also .rovide an estimate of when the next
installment will be available.
b. Response by Requester. If the Requester does not review the
records at the time scheduled with the Public Records Officer, does not contact the Public
ma treat the re a uest as abandoned. When
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Records Officer to arrange for payment, or does not request additional time to review the records
within 15 days after the Notice of Availability Letter was sent, the City may consider the Records
Request abandoned.
c. Protection of Records. In order that Public Records maintained
on the premises of the City may be protected from damage or disorganization as required by the
Act, the following procedures and practices are hereby instituted:
i. No Public Records shall be removed from City Hall
without the Public Records Officer's permission;
ii. Inspection of any Public Records shall be conducted in
the presence of the Public Records Officer or designated staff;
iii. No public record may be marked, defaced, torn,
damaged, destroyed, unreasonably disorganized or removed from its proper location or order by
a member of the public.,
iv. Public records maintained in a file jacket or binders, or
in chronological order, may not be dismantled except for the purpose of copying, and then only
by City staff: and
v. Public records of the City may be copied only on the
copying machines of the City unless other arrangements are made by the Public Records Officer.
21. Loss of Right to Inspect.
Inspection shall be denied and the records withdrawn by the Public Records
Officer if the Requester, when reviewing records, acts in a manner which will damage or
substantially disorganize the records or interfere excessively with other essential functions of the
City.
22. Deposits for Copying Public Records.
When determining whether to request a deposit, the City shall consider the cost
of making the requested copies and any payment history of the Requester, as well as the
administrative burden of seeking a deposit.
23. Closing the File.
Once all copies of requested records have been provided to the Requester, or
the request has been abandoned, the Public Records Officer shall mail the Requester a "Closing
Letter" informin the Re uester that the Ci has full res onded to the Records Re • uest. U. on
recei.t of the Closing Letter the Requester should immediatel
inform the Public Records
Officer if the Requester does not think the City has fully complied, or needs additional time to
review the records. If the Requester does not respond within ten business days after the Closing
Letter was sent, the City may treat the matter as closed.
24. Review of Asserted Exemptions.
a. A Requester who objects to the initial denial or partial denial
of a records re • uest ma ask the Public Records Officer to review the decision. Such a re • uest
shall be made in writing should reasonabl
identi
the written denial to
which
to
Re
uester
objects and should state in eneral terms the reason for the ob.ection. Such reasons include but
are not be limited to
a claim that an exem
tion does not a
1
or if an exemption does a
1
a request to waive the exemption.
b. Within five business days, or within such other time as the City
and the Re • uester mutuall a ree to the Public Records Officer shall review the ob'ection and
shall either meet with the Requester or reply in writing to the Requester. The Public Records
Officer shall either affirm or reverse the denial.
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c. If the Requester is not satisfied with the decision of the Public
Records Officer after the review provided in the preceding paragraph, the Requester shall so
notify the Public Records Officer in writing. The Public Records Officer then shall promptly
provide the Requester's objection and any other relevant information to the City Manager. The
City Manager, within five business days, or within such other time as the City and the Requester
mutually agree to, will consider the objection and either affirm or reverse the denial. That
concludes the administrative review process.
25. Disclaimer.
This Ordinance is not intended to expand or restrict the rights of disclosure or
privacy as they exist under state and federal law. Nothing in this Ordinance is intended to
impose mandatory duties on the City beyond those imposed by state and federal law. Except
where these guidelines are mandated by statute, the guidelines in this policy are advisory only
and shall not impose any affirmative duty on the City. The City reserves the right to revise or
change the Ordinance from time to time.
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:
+A. That states that he /she is not requesting the list for commercial purposes; or
2B. 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.
A.
Within fivc busincss days of receiving a public record rcqucst in writing, thc
requcst. In acknowlcdging reccipt of a public rccoid iequcst that is uncicar, the Public
B. The City shall not dcny a request foridcntifiabk, rccords solely on thc basis that
the rcqucst is over broad.
P t , g
ll itso a dk,partrnent ecl Lain "0 Vt,l
requested, and if the lequcstcd lccord is an 81/2" by 14" pagt cr snraHtr, the-dt,partmnt shall
In the event a rcqucst for public lticerds is icceiccd -der 5:00 p.nrti,e request
• •
••
11111a ale.
q
••
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• . •
1,.. %., mine ivqust may not l,e contlllniii
•
•
providcd in printed form, on disk, or in another format. If thc rcqucstcr specifies a format in
all fees rctiircd by this policy
records, thc Public Rccords Officcr shall notify thc rcqucstor oncc thc records which that
or his-or her designee;
Rccords that havc bccn compiled for inspcction shall be madc availablc to thc
• • • • • • • • • • .I • 11
rccoras ana ule process writ oegm ancw.
II. If,upuu cof thc info' nationrequestcd
• •.1 . . . ••• . - . • : • • • • • ••
orncc nouns.
the operations of thc City.
• • •1 • • • • • .t • •
public records shall be established by the City Council resolution-
E. The Public Rccords Offrccr may ru4ttirc a dcposit in an amount- not -to-ex . eed
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2.74.060 - Records Availablc for Inspection.
A. All public, records of thc City arc availablc for public inspcction and - copying
unless otherwise cxcmpt from public disclosurc as provided in Chaptcrs 42.17 42.56, 43.43 and
10 97 RCW, PAMC 2.74.070, or the United States or Washington State Constitutions, or thc
2.74.079 40 - Index of Public Records - Filing Findings.
A. Index of Public Records - Filings Findings:
1. Ch 4271-7 42.56 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) 42.56.070(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 or interfere with agency
operations.
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
•
ell •
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's departments,
divisions and subdivisions, pursuant to the Public Disclosure Act, Ch. 42.17 42.56 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) 42.56.070(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 duc 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. 4271-7 42.56 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's departments, divisions and subdivisions, to
the extent not exempt from inspection and/or copying pursuant to RCW 42, 17.310 42.56.210 or
other applicable law.
2.74.0$9 50 - Records Exempt from Public Inspection.
A. All public records identified as exempt from public disclosure in Chapters
4271-7 42.56, 10.97, 43.43 RCW or and records protected from public disclosure by the United
States or Washington State laws, statutes, regulations, or 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
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disclosure by state or federal layw.
l he City will not creat p
xist at thc time thc request is madc.
Kates nn
2.74.060 - No Duty to Create Records.
In response to a request for public records, the City will not create records or documents
that do not exist at the time the request is made.
2.74.996 70 - Record Copying Payment. Payment for the cost of reproduction of all
public records shall be made at the time the public records are made available to the requestor.
Fees for records are established at section 3.70.010.D. of this Code.
ncvcz u�
procecaing of tnc ity in resp
-rum cd-to-preparc- averbati m written tran pt of any
oecta s first. Should in r1rred-Irg lie City -be .ss irarrtiie es os pasitcd;
police department. The supervisor shall establish thc estimated cost of preparation of thc
AandB.
2.74.080 - Administrative Process for Review of Exemptions and Privileges.
The City shall maintain an administrative process for review of exemptions and
privileges. When an exemption or privilege applies to a record, the City Manager, in his sole
discretion, may elect to waive the exemption or privilege in those instances where he finds that
a) at the time of the City Manager's review, disclosure will not harm or prejudice any current or
future ri ' ht or interest of the City, b) the public interest served by disclosure outweighs the City's
interest in nondisclosure, and c) the document does not relate to a pending or proposed action,
issue or transaction.
A waiver under this administrative procedure shall be limited to the specific record
disclosed. The City claims and asserts all exemptions and privileges as to all records not
disclosed under the administrative .rocedure. In those instances when the Ci Mana er elects
to waive an exemption or privilege under the administrative procedure, the waiver shall be
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effective only to the particular record or records designated by the City Manager. Waiver as to
one record shall not imply, or be construed effect, a waiver as to any other record.
2.74.-1-16 090- Failure of the City. 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 tl
as provided in Ch. 42.17 42.56 RCW.
Section 2 - 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 3 - 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.
Section 4 - Effective Date. This ordinance, being an exercise of an administrative
function, is not subject to referendum. This ordinance shall take effect five days following the
date of its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 17 day of November, 2009.
,a
AP
f
Hurd, City Clerk
QED AS �'FORM:,r 2 /.2
William E. Bloor, City Attorney
PUBLISHED: November 24 , 2009
By Summary
ALT--OR
G \Legal_ Backup\ ORDINANCES &RESOLUTIONS \ORDINANCES 2008 \50 - Inspection of Public Records 062309 wpd (October 21, 2009)
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