ORD 2001-17 PUBLIC RECORDS DISCLOSURE PROCEDURESORDINANCE NO. 2001-17
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, ESTABLISHING PROCEDURES AND
RULES FOR THE DISCLOSURE OF PUBLIC RECORDS OF
THE CITY; ADDING A NEW CHAPTER 2.80 TO THE
BAINBRIDGE ISLAND MUNICIPAL CODE; AND
REPEALING RESOLUTION NO. 92-56.
WHEREAS, RCW 42.17.290 requires cities to adopt and enforce reasonable rules and
regulations, consistent with the intent of the Public Records Disclosure Act, Chapter 42.171 RCW,
to provide full public access to public records, to protect public records from damage or
disorganization, and to prevent excessive interference with essential City functions; and
WHEREAS, Chapter 42.17 RCW requires the City to make public records available for
inspection and copying, subject to certain exemptions; and
WHEREAS, the City Council supports the policy of full public access to public records as
stated in RCW 42.17.251, which provides as follows:
The people of this state do not yield their sovereignty to the agencies that serve them.
The people, in delegating authority, do not give their public servants the right to
decide what is good for the people to know and what is not good for them to know.
The people insist on remaining informed so that they may maintain control over the
instruments that they have created. The public records subdivision of this chapter
(Chapter 42.17 RCW) shall be liberally construed and its exemptions narrowly
construed to promote this public policy; and
WHEREAS, the City Council desires to establish procedures to make public records
available for the inspection and copying; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON
DO ORDAIN AS FOLLOWS:
Section 1. A new Chapter 2.80, Public Records Disclosure, is added to the Bainbridge
Island Municipal Code to read as follows.
Relationship to Public Records Disclosure Act. This chapter
constitutes the City's rules and regulations to carry out and implement the Public
Records Disclosure Act, Chapter 42.17 RCW. Except as provided in this ordinance,
Chapter 42.17 RCW shall apply to all City public records.
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 Clerk shall maintain in the City Clerk's
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Office, and make available for public inspection and copying in accordance with this
chapter, all public records filed with the City Clerk, including but not limited to
ordinances, resolutions, general City policies, City Council meeting minutes,
contracts, agreements, deeds and leases. All other City departments and offices shall
maintain, and make available for public inspection and copying in accordance with
this chapter, all public records relating to the specific functions and responsibilities
of the particular department or office.
_2.8 .00~.,3._0_ ~_e~nition~of Public Recordsgud W~jting.
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.
'Writing" means handwriting, typewriting, printing, photostating,
B. ' ' d every other means of recording anY form of
photographi.ng, an ;-. - :-~-~in,, but not limited to, letters, words,
communicatton or representauon, m~,u,~ ~,,
pictures, sounds, or symbols, or 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 translated.
2.40.040 ~
and make available for inspection and copying for guidance of the public:
A. Descriptions of the City's organization; and
B. Places at which, the employees from whom and the methods whereby, the
public may obtain information, make submittals or requests or obtain copies
of City decisions.
~ The City Clerk shall maintain and make
~ public inspection and copying a current index providing identifying
available for
all public records filed with the City Clerk. pursuant to Section 2
information as to
of this ordinance, the City shall not maintain anY other current indexes.
F,~mption~.
The public records identified in RCW 42.17.310, 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 42.17.310.
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The exemptions from public disclosure set forth in RCW 42.17.310 and as
incorporated into subsection A, 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.
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
individuals right of privacy or any vital governmental function.
Nothing in this section shall affect a duty of the City to disclose or withhold
information pursuant to any other law.
2.80.070 Procedure for Inspection or Copying.
Persons wishing to inspect or copy public records shall file a written request
in person or by mail (U.S., special delivery or electronic) ('~vritten request")
to the City Clerk or to the department head of the City department which
maintains the public records. If the requester does not know which
department maintains the public records, the requester shall make the request
to the City Clerk, who shall direct the requestor to the appropriate
department. All assistance necessary to help the requestor locate the public
records shall be provided promptly either by the City Clerk or by the
particular department maintaining the public records. The assistance shall
not unreasonably disrupt the normal operations of the City Clerk, the
department, or the assisting employee.
The City Clerk or other City employees 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 information or records as
to certain persons.
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_2.80.080
A.
_Keimbursement for Copying Costs.
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. I£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.
B. At its option, the City may send out public records for copying by compames
or other municipalities. Thc 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 a blank tapes; provided, that the requester may provide the
blank tapes. There shall be no charge for maI6ng 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.
E. The City Clerk or a department head may provide copies of public records at
no charge to governmental agencies doing business with the City, if the City
Clerk or department head determines that such action is in the best interests
of the City.
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 City
Clerk or the department head shall grant the request unless the City Clerk or
department head determines that the public record requested is or may be
exempt fxom disclosure in whole or in part. Within five business days of the
date of receipt by the City of the written request, the City Clerk or department
head 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.
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Additional t'nne 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. Ifa request is unclear,
the City Clerk 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.
If the City Clerk 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 shall
be granted; provided, that such exempt portions shall first be deleted. If the
City Clerk or department head detenn'mes 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.
A decision by the City Clerk or department 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
constitute 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.
2.80.100 Disclosure Prohibited by Other Statutes. The City shall not be
required by this chapter to pemait public inspection and copying of any public record
to the extent public disclosure of the public record is prohibited, restricted or limited
by any state or federal statute or regulation including, but not limited to, Chapter
10.97 RCW, the Washington State Criminal Records Privacy Act, Chapter 13.50
RCW, relating to release of records by juvenile justice or care agencies, or Chapter
46.52 RCW, relating to accident reports and abandoned vehicles.
2.80.110 Administrative Rules. The City Administrator, upon
recommendation of the City Clerk, may issue roles for the implementation of this
chapter.
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 42.17 RCW.
Section 2. The City Council finds that maintenance of a current index of identifying
information for the public records described in RCW 42.17.260(3), except for such public records
on file with the City Clerk, would unduly burden and interfere with City operations for the following
reasons and to the following extent:
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l. The City has received no requests for public inspection and copying of a current
index for at least ten years;
2. City officials and employees have full workloads;
3. Residents of the City have expressed a desire for low-cost government, with
minimum staff levels; and
4. Based upon anticipated use and cost to the City, creation and maintenance of a
current index for departments of the City other than the City Clerk's office is not
justified.
Section 3. Resolution No. 92-56 is repealed.
Section 4. This ordinance shall be effective five days after its passage, approval, and
publication as required by law.
PASSED by the City Council this 23~a day of May 2001.
APPROVED by the Mayor this 24~ day of May 2001.
Dwight Sutton, Mayor
ATTEST/AUTHENTICATE:
St~san Kasper, City Clerk '
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
March 21,2001
May23,2001
May30,2001
June 4,2001
2001-17
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