Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.68 INSPECTION AND COPYING OF PUBLIC RECORDS
2.68.010 Definitions.
2.68.020 Inspection and copying.
2.68.030 Response to requests for inspections and copying.
2.68.040 Research not to be performed--Public records not sufficiently identified.
2.68.050 Certain public records exempt from inspection and copying--Deletion of exempt portions thereof.
2.68.060 Electronically stored data and information.
2.68.070 Costs and expenses for inspection and copying.
2.68.010 Definitions.
As used in this chapter:
“Non-public record” means any
writing containing information not relating to the conduct of government, and
not relating to the performance of any governmental or proprietary function,
retained or in the possession of the city regardless of form or
characteristics.
“Public record” means any writing containing
information relating to the conduct of government, or the performance of any
governmental or proprietary function prepared, owned, used or retained by the
city regardless of form or characteristics.
“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 or symbols, or a 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.
(Ord. 943 § 1 (part), 1996).
2.68.020 Inspection and copying.
A. Public records possessed by the city shall be available for inspection
and copying between the hours of nine a.m. to five p.m. daily except for
Saturdays, Sundays and holidays.
B. All requests to inspect and copy public
records shall be in writing on forms prescribed by the city clerk and shall
identify the public records sought for such inspection and copying.
C. All
requests to inspect and copy public records, except as otherwise provided
herein, shall be submitted to the city clerk or his/her designee. (Ord. 943
§ 1 (part), 1996).
2.68.030 Response to requests for inspections and copying.
A. Responses to requests for inspection and copying of public records
shall be made promptly.
1. If the request is for public records maintained
by the city clerk, such requests shall be granted or denied within five business
days thereafter. If granted, the requesting party shall be provided with
necessary assistance in performing the inspection, and copying equipment shall
be made available. Such copying equipment shall include that which is possessed
by the city to copy such public records on the same format (i.e., printed or
written to be photocopied, electronic tape to electronic tape, computer stored
information to diskette) or converted to a readable format (i.e., computer
stored information printed on paper), at the option of the requester.
2. If
the request is for public records maintained by a department or office of the
city other than that of the city clerk, the request shall be promptly forwarded
to the department or office of the city possessing such public records, and the
appropriate department head or his/her designee shall grant or deny such request
within four business days after receipt thereof by such department or office. If
granted, the requesting party shall be provided with necessary assistance in
performing the inspection, and copying equipment shall be made available. Such
copying equipment shall include that which is possessed by the city to either
copy such public records on the same format (i.e., printed or written to be
photocopied, electronic tape to electronic tape, computer stored information to
diskette) or converted to a readable format (i.e., computer stored information
printed on paper), at the option of the requester.
3. If the city does not
possess equipment to copy the requested public records in a manner or format
sought by the requester, and if such equipment is available commercially, the
person responding to such request shall determine the cost of such copying and
notify the requester that the city does not possess the equipment to make the
requested copies and the estimated cost of commercial copying.
B. Requests
for inspection and copying may be made directly to the following departments or
offices of the city, without first submitting such requests to the city
clerk:
1. Police department; and
2. Public works.
C. Requests for
inspection and copying of identifiable public records, received by mail, shall
be honored if doing so does not require an excessive amount of research or
retrieval time of city employees, does not excessively interfere with essential
governmental functions, and if payment thereof is made in advance.
D. The
city clerk, the department head or other persons receiving a request for
inspection and copying shall respond thereto by:
1. Providing the requested
public record;
2. Acknowledging that the request has been received and
advising the requester of the estimated time necessary to provide the requested
information; or
3. Denying the 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 requester may be asked to clarify what information is sought. If
the requester fails to clarify the request, further response to the request
shall not be made.
Denials of requests must be accompanied by a written
statement of the specific reasons therefor.
Whenever a request for
inspection and copying has been denied in whole or in part, the requester may
present the matter to the city attorney for review; such review shall be
conducted as promptly as reasonably possible, and shall constitute final action
for the purposes of judicial review. (Ord. 943 § 1 (part), 1996).
2.68.040 Research not to be performed--Public records not sufficiently identified.
Written requests for inspection and copying of public records shall not be
honored if such requests require city employees to compile information from
multiple sources, perform research, or require reformatting of data, or if the
public records sought by the requester are not sufficiently identified, or if
the information requested to be inspected and copied consists of non-public
records. (Ord. 943 § 1 (part), 1996).
2.68.050 Certain public records exempt from inspection and copying--Deletion of exempt portions thereof.
Public records described in RCW 42.17.310, 42.17.318, 42.17.31901 and any
other public records exempt from public inspection and copying by the laws of
the State of Washington, shall not be available for public inspection and
copying; provided, however, when exempt portions of public records can be
erased, excised or deleted, the remainder thereof shall be open to public
inspection and copying. (Ord. 943 § 1 (part), 1996).
2.68.060 Electronically stored data and information.
Public records in the form of information or data which is electronically
stored (in the memory of a computer, a diskette, a magnetic tape, a compact
disc, or in other similar ways) shall be subject to public inspection and
copying in the following manner:
A. Information or data that is publicly
available by computer access without submission of a request for inspection and
copying, may be inspected and copied by any person or persons having access to
computer equipment capable of such inspection and copying. Subject to budget and
financial constraints, public access computer equipment may be made available
without charge by the city at public locations.
B. Information or data that
is not publicly available by computer access without submission of a request for
inspection and copying, but which constitutes public records and is stored,
contained or available as data or information within the memory or storage
facilities of computer or electronic equipment, is subject to inspection and
copying only with the cooperative services of city employees familiar with the
operation of equipment that permits such inspection and copying to occur. When
public records are adequately identified by the requester, a city employee
designated by the city clerk or other appropriate department head, shall examine
the information to determine if it contains exempt or non-public records. If
such examination reveals any data or information that is exempt from public
inspection and copying, the requested public record shall be printed on paper or
transferred to a diskette or similar medium with the exempt portions thereof
deleted; if the examination reveals any data that is non-public record,
inspection and copying thereof shall not be permitted. If the examination
reveals no exempt information and no non-public records, the person requesting
the inspection and copying, at his or her option, may view the information on a
computer screen, have the information transferred to a diskette or other
compatible storage medium, or ask that the information be printed on paper;
provided, however, that the viewing of such information on a computer screen
shall not be permitted except where the computer is operated by a city employee
and where diverting such city employee from his or her regular duties in order
to operate such computer to permit such viewing would not cause excessive
interference with essential functions of the city. (Ord. 943 § 1 (part),
1996).
2.68.070 Costs and expenses for inspection and copying.
The city shall impose no charge for the services of city employees who
assist in inspection and copying of public records; provided, however, that if a
city employee performs tasks other than records and/or data retrieval after
authorization by his/her department head, a charge equal to the hourly wages of
such employee shall be paid by the person requesting the performance of such
research.
Copies of printed material shall be charged at the rate of fifteen
cents per page for city records and ten cents per page for personal requests
plus the actual cost of envelopes, postage and delivery, if incurred. If it is
necessary to have copies made commercially due to size or configuration of the
information sought to be copied, the requester shall pay the city, in advance,
the estimated cost thereof.
The cost of video tapes or reproductions,
magnetic tapes, diskettes, photographs, pictures and other communication media
material necessary to make copies of public records shall be at the cost of the
requester, payable in advance before copies are made. (Ord. 957, 1996: Ord. 943
§ 1 (part), 1996).
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