ORD 2005-30 DISCLOSURE OF PUBLIC RECORDS
ORDINANCE NO. 2005-30
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to the disclosure of public records, and amending Sections 2.80.020,
2.80.070, 2.80.080 and 2.80.090 of the Bainbridge Island Municipal
Code.
WHEREAS, Chapter 483, Laws of 2005, amends the Public Records Disclosure Act in
certain respects, requiring amendment of the City's public records disclosure rules and
procedures; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1.
follows:
Section 2.80.020 of the Bainbridge Island Municipal Code is amended as
2.80.020
Disclosure of public records.
Unless exempt from disclosure under this chapter, public records shall be
available for inspection and copying in accordance with this chapter. The city
shall make public records promptly available, and shall provide them on a partial
or installment basis as they are assembled or are available for inspection or
disclosure. The city shall not deny a public records request for identifiable public
records solely on the basis that the request is overbroad. The Director of Finance
and Administrative Services is designated as the city's Public Records Officer
who shall oversee the city's compliance with the public records requirements of
this chapter and Chapter 42.17 RCW. The Public Records Officer may delegate
the duties and responsibilities of complying with a public records request to the
Deputy City Clerk or other city employee. The Public Records Officer shall
maintain in the Director of Finance and },dministrati'le Ser','ices's office, and
make available for public inspection and copying in accordance with this chapter,
all public records filed with the Public Records Officer, including but not limited
to ordinances, resolutions, general city policies, city council meeting minutes,
contracts, agreements, deeds and leases. A^JI other city departments and offices
shall maintain, and make available for public inspection and copying in
accordance \','ith this chaptor, all public records relating to the specific functions
and responsibilities of the particular department or office.
Section 2.
follows:
Section 2.80.070 of the Bainbridge Island Municipal Code is amended as
2.80.070
Procedure for inspection or copying.
A. Persons wishing to inspect or copy public records shall file a written
request in person or by mail (U.S., special delivery or electronic) ("written
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request") to the Public Records Officer or to the department head of the city
department \'/hich maintains the public records.
If the requester does not leno,;.' ?"hich department maintains the public records,
the requester shall make tho request to the Diroctor of Finance and L^~dministrativo
Seryices, 'Nho shall direet the requestor to the appropriate department. All
assistance necessary to help the requestor locate the public records shall be
provided promptly either by the Public Records Officer or by the particular
department maintaining the public records. The assistance shall not unreasonably
disrupt the normal operations of the Finance and Administrative Services
Department, tho department, or the assisting employee.
B. The Public Records Officer or other city employeos shall not distinguish
among persons requesting public records. Persons requesting public records shall
not be required to provide information as to the purpose for the request, except to
establish whether the inspection or copying would violate RCW 42.17.260(9) (list
of individuals for commercial purposes) or other statute or ordinance which
exempts or prohibits disclosure of specific infom1ation or records as to certain
persons.
Section 3.
follows:
Section 2.80.080 of the Bainbridge Island Municipal Code is amended as
2.80.080
Reimbursement for copying costs.
A. There shall be no charge for inspection of public records or for locating
public records and making them available for copying. The per-page cost for
copies of public records made by city equipment shall be established by city
council resolution. If copies of public records are mailed or delivered, the city
shall charge the actual postage or delivery charge and a fee for the container or
envelope, in amounts established by city council resolution. The city may require
a deposit in an amount not to exceed ten percent of the estimated cost of
providing the copies. If the city makes public records available on a patiial or
installment basis, the city may charge for each part of the partial disclosure or
installment. If an installment of a records request is not claimed or reviewed, the
city need not fulfill the balance of the request.
B. At its option, the city may send out public records for copying by
companies or other municipalities. The requester shall pay the actual cost to the
city of copying such public records.
C. For making copies of audio and video tape recordings, the city shall charge
the actual cost of the blank tapes; provided that the requester may provide the
blank tapes. There shall be no charge for making a copy of the tape recording on
city equipment. If the city uses a company or another municipality to make a copy
of the tape recording, the requester shall pay the actual cost to the city of making
such tape recording.
D. Where the request is for a certified copy of a public record, there shall be
an additional charge in the amount established by city council resolution.
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E. The Public Records Officer may provide copies of public records at no
charge to governmental agencies doing business with the city, if the Public
Records Officer determines that such action is in the best interests of the city.
Section 4.
follows:
Section 2.80.090 of the Bainbridge Island Municipal Code is amended as
2.80.090
Decision on public records requests - Procedure for review of
decision.
A. Upon receiving a written request to inspect or copy a public record, the
Public Records Officer or the department head shall grant the request unless the
Public Records Officer or department head determines that the public record
requested is or may be exempt from disclosure in whole or in part. Within five
business days of the date of receipt by the city of the written request, the Public
Records Officer or depa-rtment head shall respond by:
I. Providing the record; or
2. Acknowledging that the city has received the request and providing a
reasonable estimate of the time required by the city to respond to the request; or
3. Denying the request.
Additional time to respond to a request may be based upon the need to clarify
the request, to locate and assemble the information requested, to notify third
persons or agencies affected by the request, or to determine the exemption from
disclosure Df any of the requested information. If a request is unclear, the Public
Records Officer or department head may ask the requestor to clarify the request.
If the requestor fails to clarify the request, the city need not respond to the
request.
B. If the Public Records Officer or department head determines that the
document is exempt in part but can be made available after deletion of exempt
portions or after deletion of portions which would invade personal privacy, the
request shaH be granted; provided that such exempt portions shall first be deleted.
If the Public Records Officer or department hoad deternlines to deny the request,
in whole or in part, a written statement of the specific reasons for the deletion of
portions of the public record or the denial of the request shall be provided to the
requestor.
C. A decision by the Public Records Officer or dopaliment head denying
inspection shall be reviewed by the city attorney. The review shall be deemed
completed at the end of the second business day following the denial of inspection
and shall cDnstitute final city action for the purposes of judicial review. The
requestor shall be notified by mail of the decision to grant or deny the request.
Section 5. This ordinance shall take effect and be in force five days after its passage,
approval and publication as provided by law.
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PASSED by the City Council this 28th day of September, 2005.
APPROVED by the Mayor this 29th day of September, 2005.
/
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;:a~y~{
Darlene Kordonowy, Mayor
o
ATTEST/AUTHENTICATE:
, ) P !~,
usan P. Kasper, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDNANCE NO: 2005-30
September 21, 2005
September 28, 2005
October 5, 2005
October 10, 2005
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