ORD 2011-04 RELATING TO PUBLIC RECORDSORDINANCE N0.2011-04
AN ORDINANCE of the City of Bainbridge Island,
Washington, relating to public records requests and amending
Section 2.80 of the Bainbridge Island Municipal Code (WING).
WHEREAS, in 2006, the Washington State Legislature adopted the Public
Records Act (RCW 42.56) which supersedes the Public Records Disclosure Act (RCW
42.17);
WHEREAS, the City last updated its public records rules and regulations in
2005;
WHEREAS, the City Council has determined that it is in the best interest of the
City of Bainbridge Island to amend BIMC Chapter 2.80 to reflect and be consistent with
RCW 42.56 and current practice;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.80.010 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
2.80.010 Relationship to Public Records Disclosure Act.
This chapter constitutes the city's rules and regulations to carry out and
implement the. Public .Records -n~~ Act, Chapter 42.56 RCW.
Except as provided in this chapter, Chapter 42.56 .RCW shall apply to
all. city public records.
Section 2. Section 2.80.020 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
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 citeclerkd~re~ ~r ~~ ~N~N~° ~n~ ~~ ~~Jt~+~~r~-mss 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 42.56 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
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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.
Section 3. Section 2.80.030 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
2.80.030 Definitions of public records and. writing.
A. "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 physical form or characteristics. .
B, "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 combination thereof, and all
papers, emails, 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 translated.
Section 4. Section 2.80.040 of the Bainbridge Island .Municipal Code is hereby amended
to read as follows:
2.80.040 ~~-e~--eCity organization and rules for obtaining
information.
The city clerk shall ~r,,,.,-,; ~ °~+' ~ ~ ,a; nr~~ ~~ ~ ; ~ t~~ r'~-Qrf~c~make
available for inspection and copying for guidance of the public:
A. Descriptions of the city's, organization; and
B. The, cit,~s public records act administrative rulesp~nnvn ~+ ~z,~,;n~~~
.
.
Section 5. Section 2.80.050 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
2.80.050 Indexing of records.
. .
. .. .
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n~+ m~;~+~;~ ~~~, ~+~,°r ~„~.°,~+ ;~~°.~°r. Maintaining a central index of city
,.
records is unduly burdensome, costly, and would interfere with city
operations due to the number and complexity of records generated as a
result of a wide ran , e~of city activities. The public records officer may,
however, index and maintain general administrative records. Other
records that relate to the specific function or responsibility of a particular
department shall be maintained in the offices of the particular department.
The public records officer will coordinate responses to public records
requests with the departments and responsive records shall. be made
available for public inspection and copying
Section 61 Section. 2.80.060. of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
2.80.060 Exemptions.
A. The public records identified, in RCw 42.~'~-~56, and future
amendments thereto, are incorporated in this chapter and shall be exempt
from public inspection and copying. The city .clerk shall maintain .and
make available for public inspection and copying a current version of
RCW 42.~~956.
B. The exemptions from public disclosure set forth in RCw 42.56
and as incorporated into subsection A of this section, shall be inapplicable
to the extent that information, the disclosure of which would violate
personal privacy, can be deleted from the specific public record sought. A
person's right to personal privacy is violated if disclosure of information
about the person would be highly offensive to a reasonable person and is
not of legitimate concern to the public. No exemption shall be construed to
permit the non-disclosure of statistical information not descriptive of any
readily identifiable person or persons.
C. Inspection or copying of any public records exempt under this. section
may be permitted if any superior court finds, after a hearing, with notice to
the requester, all persons mentioned in the. public records and the. city, that
the exemption of such public records is clearly unnecessary to protect any
individual's right of privacy or any vital governmental function.
D. Nothing in this section shall affect a duty of the city to disclose or
withhold information pursuant to any other law.
:Section 7. Section 2.80.070 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
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2.80.070 Procedure for inspection or copying.
A. Persons wishing to inspect or ,copy public records shall file a wit-ten
request in person, by phone or by mail (U. S I, special delivery or
electronic) " ' t-e~-r€~'~to the public records officer.
All assistance necessary to help the requester locate the public records
shall be provided promptly by the public records officer: provided that
the assistance shall not unreasonably disrupt the n~~~l d~ operations
of the city clerk or other duties of anX assisting employee~s~ in other city
departments ~~~~~,.o ~~,a ~,a~,t ~ ,o nor~„~o~ ~o,,,~~-mo~~
B. The public records officer 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 ~~~
4~~-~9~(~~-{the prohibition on providing a list of individuals for
commercial purposes or other anX statute or ordinance which exempts or
prohibits disclosure of .specific information or records based on the
purpose of the request or the intended use of the records~~~ +~ ~°~n~N
Section 8. Section 2.80.080 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
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 10
percent of the estimated cost of providing the copies. If the city makes
co iep s of public records available on a partial 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 and copying
electronic records onto compact discs, the charges shall be established by
city council resolution based on the actual costs to -the city ~~~ -s~~
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' . If the city uses a company or another
municipality to make a copy of the tape or audio or video recording, the
requester shall, pay the actual cost to the city of making such
recor mg.
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.
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 9. Section 2.80.090 of the Bainbridge Island Municipal Code is hereby amended
to read as follows:
2.80.090 Decision on public records requests -Procedure for review of
decision.
A. Upon receiving a wit request to inspect or copy a public record, the
public records officer shall grant the request unless the public records
officer 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 t request, the public records officer shall
respond by:
1. 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 of any of the requested information. If a
request is unclear, the public records officer may ask the requester to
clarify the request. If the requester fails to clarify the request, the city need
not respond to the request.
B. If the public records officer 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
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shall be granted; provided, that .such exempt portions shall first be deleted.
If the public records officer determines 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
requester.
C. A decision by the public records officer denying inspection shall be
reviewed by the city ~~~~ey manager. The review shall be deemed
completed at the end of the second business day. following the denial of
inspection and shall constitute final city action for the purposes of judicial
review. The requester shall be notified in writin ~~ of the decisionto
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grant or aeny me request.
Section 10. Section 2.80.110 of the Bainbridge Island Municipal Code is hereby
amended to read as follows:
2.80.110 Administrative rules.
The city manager, ,may issue rules
for the implementation of this chapter.
Section 11. Section 2.80.120 of the Bainbridge Island Municipal Code is hereby.
amended to read as follows:
2.80.120 Declaimer of liability.
The city shall not be liable, nor shall a cause of action exist for any loss or
damage based upon the release of a public record if the city acted in good
faith in attempting to comply with the provisions of this chapter and
Chapter 42.56 RCW.
Section 121 This ordinance shall take effect and be in force five (5) days from its
passage; approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 8th day of June, 2011.
APPR(JVED BY THE MAYOR this 8th day of June, 201.1.
K' stn ytopoulos, Mayor
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ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK: May 27, 2011
PASSED BY THE CITY COUNCIL: June 8, 2011
PUBLISHED: June 10, 2011
EFFECTIVE DATE: June 15, 2011
ORDINANCE NUMBER: 2011-04
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