Chapter 1.20
COPIES, CERTIFICATIONS AND TRANSCRIPTIONS OF CITY RECORDS
Sections:
1.20.010 City clerk as public records officer – Form for request.
1.20.020 Response or denial of request.
1.20.030 Certain personnel and other records exempt.
1.20.040 Copying fees.
1.20.045 Index of public records – Findings and order.
1.20.050 Transcriptions.
1.20.060 Certification fees.
1.20.070 Modifications to fees and charges.
1.20.080 Public disclosure forms.
1.20.010 City clerk as public records officer – Form for request.
A. The city clerk is hereby designated as the public records officer of the city. Contact information for the city clerk is to be made available to the public in a manner reasonably calculated to provide notice of whom to request public records from, such as posting such contact information at City Hall or on the city's Internet website.
B. All persons desiring to inspect or receive a copy of any public record of the city must make their request to the city clerk, or designee, on forms specified by the city clerk. [Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.020 Response or denial of request.
A. Responses to requests for public records shall be made promptly and pursuant to guidelines established in Chapter 42.56 RCW. Within five business days of receiving a written public record request, the city must respond by either:
1. Providing the record;
2. Acknowledging that the city has received the request and providing a reasonable estimate of the time the city will require to respond to the request; or
3. Denying the public record request. Denials must be accompanied by a written statement of specific reasons therefor.
B. Public records may be made available on a partial or installment basis as records that are part of a larger set of requested records are assembled or made ready for public inspection or disclosure. Additional time required to respond to a request may be based on the need to clarify the intent of the request, to locate and assemble the information request, 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. The city may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the city need not respond to it. [Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.030 Certain personnel and other records exempt.
The city adopts by reference the exemptions from public disclosure contained in Chapter 42.56 RCW, including any future amendments thereto or recodification thereof, along with any other exemption provided by law, including but not limited to those exemptions set forth in Exhibit C to “Public Records Act for Washington Cities and Counties,” Municipal Research and Services Center, Report No. 61, July 2006, a copy of which shall be maintained in the office of the city clerk. [Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.040 Copying fees.
A. No fee shall be charged for the inspection of public records. Any person who requests a copy of any public record from the city clerk shall pay to the city clerk or a designee of the city clerk a photocopying charge. The charges for copying shall be established by the city clerk and approved by resolution of the city council. Nothing herein shall be construed to apply to charges for accident reports pursuant to RCW 46.52.085.
B. The city clerk may require a deposit in an amount not to exceed 10 percent of the estimated cost of providing copies for a request. If public records are made available on a partial or installment basis, the applicable fees shall be due and payable for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the city shall not be obligated to fulfill the balance of the request. [Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.045 Index of public records – Findings and order.
A. Findings.
1. The Public Records Act requires all cities and public agencies to maintain and make available a current index of all public records.
2. RCW 42.56.070(4) provides that an agency need not maintain such an index if to do so would be unduly burdensome, but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome or would interfere with agency operations.
3. The city is comprised of numerous departments, their divisions and subdivisions, many if not all of which maintain separate databases and/or systems for the indexing of records and information.
4. Because the city has records which are diverse, complex and stored in multiple locations and in multiple computer systems, formats and/or databases, it is unduly burdensome, if not physically impossible, to maintain a current index of all records.
B. Order. Based upon the findings set forth in subsection (A) of this section, and pursuant to RCW 42.56.070(4), the city council orders the following:
1. The city is not required to maintain an all-inclusive index of public records due to the undue burden and near-impossibility of maintaining such an index.
2. The city will make available for inspection and/or copying all public records, including any indexes that are maintained by the city, except to the extent that such records are exempt from public disclosure. [Ord. 3641 § 2, 2007].
1.20.050 Transcriptions.
The following procedures shall apply unless inconsistent with an order of the Snohomish County Superior Court:
A. When the city is required to prepare a verbatim written transcript of any proceeding of the city in response to a writ of review or other action filed in the Superior Court or any other state or federal court, the cost of preparing the same shall be born by the party filing the action pursuant to rates and charges as proposed by the city clerk and approved by the city council. The party filing such action shall pay to the city clerk the estimated costs, as determined by the city clerk, of the preparation of the transcript based on the aforementioned rates and charges, including copying costs and the city clerk shall thereafter have the transcript prepared.
B. Should the actual cost incurred by the city in the preparation of the transcript exceed the amount deposited with the city clerk, the party making such deposit shall be required to reimburse the city for such additional amount within 10 days of notification that such amount is due or prior to the time the transcript is required to be filed with the court, whichever occurs first. Should the actual cost incurred by the city be less than the estimated cost deposited, such credit due shall be reimbursed by the city to the party making the deposit. [Ord. 3011 § 1, 1995].
1.20.060 Certification fees.
The city clerk shall establish fees for the certification of public records and such fees shall be approved by resolution by the city council. The city clerk shall determine the manner in which, as consistent with applicable law, records and groups of records are to be certified. [Ord. 3011 § 1, 1995].
1.20.070 Modifications to fees and charges.
All fees and charges identified in this chapter may be modified by the city clerk as approved by resolution of the city council from time to time as deemed necessary by the city clerk to reflect increases in the costs of providing the services identified in this chapter. All fees and charges established pursuant to this chapter shall reflect the actual costs of the services provided. [Ord. 3011 § 1, 1995].
1.20.080 Public disclosure forms.
A. Public officials of the city of Edmonds shall file public disclosure forms in accordance with the Washington State Public Disclosure Commission requirements.
B. Copies of the forms filed, maintained in the offices of the Washington State Public Disclosure Commission and available for inspection over the Internet, shall be available on-line at the public access computer in the City Hall customer service area without charge.
C. One paper copy of each form shall be provided to any member of the public at no charge. Additional copies of any form requested by an individual shall be subject to the copying charges established by this chapter.
D. While the Appearance of Fairness Doctrine, Chapter 42.36 RCW, does not require the disclosure of campaign contributions properly disclosed to the public disclosure commission, a councilmember should make a good faith effort to disclose in any quasi-judicial hearing before the council campaign contributions in excess of $250.00 received from a person or entity identified in the record as a party of record. [Ord. 3489 § 2, 2004].