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HomeMy WebLinkAbout3427• • ORDINANCE NO. 3 4 2 7 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 3213, as amended, and Chapter 2.74 of the Port Angeles Municipal Code are hereby amended by amending Section 2.74.025 PAMC, as follows: 2.74.025 - Public Record Officer. 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. 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. -1- • • 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 ultimately responsible for overseeing compliance with the Act and the Policy. The Public Records Officer shall: 1. Be responsible for implementing the City's process for responding to public records requests; 2. Serve as the principal contact point with any Requester who has made a records request to the City, unless the Public Records Officer has delegated these responsibilities for a particular records request to an Assistant Public Records Officer; 3. Coordinate City staff, and generally ensure compliance with public 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. 5. Provide Public Records training for new employees and employees that transfer between Departments. 6. In cooperation with the City Attorney, provide Public Records training for every Department /Division on an annual basis. Section 2. Ordinance 3213, as amended, and Chapter 2.74 of the Port Angeles Municipal Code are hereby amended by adding a new Section 2.74.027 PAMC„ 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. 2.74.017 Preservation and Retention of Records. 2.74.020 Definitions. 2.74.025 Public Records Officer. 2.74.027 City Staff Training Program 2.74.030 Procedures for Requests and Response to Requests. 2.74.035 Requests for Lists of Individuals - Affidavit Required. 2.74.040 Index of Public Records - Findings. 2.74.050 Records Exempt from Public Inspection. 2.74.060 No Duty to Create Records. 2.74.070 Record Copying Payment. 2.84.080 Administrative Process for Review of Exemptions and Privileges. 2.74.090 Failure of City. -2- • • 2.74.027 City Staff Training Program. A. Compliance with the Public Records laws is a City priority, and compliance requires training. All City employees should receive training on public records compliance and records retention. The City of Port Angeles will provide basic and advanced Public Records training for all employees. The Public Records Office will conduct all training for new and transferred employees. The City Attorney and the Public Records Office will conduct advanced public records training for each Division of the City on an annual basis. 1. All employees shall receive basic public records training within two weeks of the start of employment. 2. All employees shall receive basic public records training within two weeks of transferring from one Division and /or Department to another. 3. All employees shall receive advanced public records training on an annual basis by Department/Division. 4. Failure to obtain required training will be cause for employee discipline. Additionally, after an employee receives training, the failure to comply with the requirements of this chapter in responding to records requests will be cause for employee discipline. Section 3. Ordinance 3213, as amended, and Chapter 2.74 of the Port Angeles Municipal Code are hereby amended by amending Paragraph 12 of Section 2.74.030 PAMC, as follows: 2.74.030 - Procedures for Requests and Response to Requests. 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 quantity of records, each department may have that fall within the scope of a records request. Each department shall search all records within its control, including all types of storage media • and . rovide documentation describin • the search . rocess includin_• all locations searched and searched terms used, with sufficient detail to re- create the search. Each department shall respond to the Public Records Officer within 4 business days. It is important to be prompt! -3- • • 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 notify each department when the records from that department are due. Each department then shall organize its activities to comply with the schedule prepared by 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. Section 4 - 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 5 - 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 6 - 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 20th day of April , 2011. -4- MAY e R, A D GUILIO • • ATTEST: j *ssa Hurd, City Clerk APPRO ED AS TO FORM: William E. Bloor, City Attorney PUBLISHED: Apr i 1 2 5 2011 By Summary G \ LEGAL\a ORDINANCES &RESOLUTIONS \ORDINANCES 201 I \09 - Public Records Amendment 03 01 11 wpd (April 12, 2011) -5- • Summary of Ordinance Adopted by the Port Angeles City Council On April 20, 2011 Ordinance No. 3426 This Ordinance of the City of Port Angeles, Washington revises Sections of Chapter 3.70, of the Port Angeles Municipal Code relating to the Public Records and Police Department fees. Ordinance No. 3427 This Ordinance of the City of Port Angeles, Washington amends Chapter 2.74 of the Port Angeles Municipal Code relating to inspection of public records.. Ordinance No. 3428 This Ordinance of the City of Port Angeles, Washington amends Chapter 2.40 of the Port Angeles Municipal Code relating to the Port Angeles Forward Committee. The full texts of the 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 Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall take effect five days following the date of publication by summary. Publish: April 25, 2011 • Janessa Hurd City Clerk