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HomeMy WebLinkAbout3619QO 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: 1 5—a 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 2 NO 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. 3 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' 4 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