Title 2
ADMINISTRATION

Chapters:

2.05 City Offices

2.10 City Manager

2.12 City Treasurer

2.15 City Officials

2.20 Hearings Examiner

2.25 Planning Commission

2.30 Public Records

2.35 Emergency Management

Chapter 2.05
CITY OFFICES

Sections:

2.05.010 Hours of operation.

2.05.010 Hours of operation.

The hours of operation of city offices will be from 8:00 a.m. through 5:00 p.m., Monday through Friday; provided, that the city manager may alter the hours of operation of city offices on a temporary basis, as the city manager deems necessary for the efficient operation of the city.

(Ord. 9 § 1, 1995).

Chapter 2.10
CITY MANAGER

Sections:

2.10.010 Office established – Appointment.

2.10.020 Duties.

2.10.030 Creation of departments, offices and positions.

2.10.010 Office established – Appointment.

Pursuant to RCW 35A.13.010 and 35A.13.090, there is hereby established for the City of University Place the office of city manager. Such office shall be appointive and all appointments to such office shall be made by the city council.

(Ord. 68 § 1, 1995).

2.10.020 Duties.

The city manager shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the city. The city manager shall be eligible to attend all meetings of the city council, regular and executive. The city manager shall be the chief purchasing agent of the city and shall have such purchasing and contracting authority as provided by ordinance. The city manager shall have all the powers and shall perform each and all of the duties specified by Chapter 35A.13 RCW, together with any other duties or authority which may be conferred upon such office by the city council or by the laws of the state of Washington pertaining to city managers, or the ordinances of the city, as they now exist or may hereafter be amended.

(Ord. 94 § 2, 1996; Ord. 68 § 2, 1995).

2.10.030 Creation of departments, offices and positions.

The city manager is authorized to create, eliminate, consolidate and modify such departments, offices and positions as the manager may find necessary or advisable for the efficient operations of the city and to determine the powers and duties of each department, office and position. The city manager may delegate to any officer or position any duties required or authorized to be performed by the city manager. The city manager shall designate an acting city manager to be responsible during extended absences of the city manager from the city.

(Ord. 68 § 3, 1995).

Chapter 2.12
CITY TREASURER

Sections:

2.12.010 Established.

2.12.010 Established.

The city finance director is hereby designated as the city treasurer, pursuant to RCW 35A.42.010.

(Ord. 248 § 1, 1999; Ord. 179 § 1, 1997).

Chapter 2.15
CITY OFFICIALS

Sections:

2.15.010 Oath required.

2.15.020 Bond required.

2.15.010 Oath required.

Before entering upon the performance of the duties of office, any city officer shall take an oath or affirmation, as set forth below, for the faithful performance of the officer’s duties. The oath or affirmation shall be filed with the Pierce County department of records and elections.

OATH OF OFFICE

I, ________________, do solemnly swear that I will faithfully and impartially and to the best of my ability perform the duties of the office of __________________, in accordance with the laws of the State of Washington, and all other applicable legal enactments of the City of University Place, Washington.

By:_________________________

SUBSCRIBED AND SWORN before me this ___ day of ____________, 1995.
___________________________
Notary Public in and for the State of Washington residing at ________________.
My commission expires _____________ .

(Ord. 11 § 1, 1995).

2.15.020 Bond required.

A. Prior to entering upon the performance of duties, the city manager, finance director, and the city clerk shall be required to furnish an official bond, to be renewed annually, conditioned on the honest and faithful performance of their duties. The premium on the bond(s) shall be paid by the city. The amount of the bond(s) shall be:

City Manager $50,000

Finance Director $50,000

City Clerk $10,000

B. In lieu of individual fidelity bonds, the city may purchase a blanket fidelity bond through the Washington Cities Insurance Authority and providing coverage for the City Manager, Finance Director, and City Clerk in amounts not less than those provided for in Section (A), above.

(Ord. 293 § 1, 2000; Ord. 248 § 2, 1999; Ord. 11 § 2, 1995).

Chapter 2.20
HEARINGS EXAMINER

Sections:

2.20.010 Purpose.

2.20.020 Creation of office.

2.20.030 Appointment and terms.

2.20.040 Qualifications.

2.20.050 Conflict of interest and freedom from improper influence.

2.20.060 Powers.

2.20.070 Report by department.

2.20.080 Public hearing.

2.20.090 Examiner’s decision – Findings required.

2.20.010 Purpose.

Recognizing:

A. The need to separate the city’s land use regulatory function from its land use planning function;

B. The need to ensure and expand the principles of appearance of fairness and due process in public hearings; and

C. The need to provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making process for land use matters.

It is the purpose of this chapter to provide an administrative system which will best satisfy these needs.

(Ord. 64 § 1, 1995).

2.20.020 Creation of office.

The office of hearings examiner is hereby created. The hearings examiner shall act on behalf of the city council in considering and applying the land use regulatory codes of the city of University Place, and such other matters as the city council deems it appropriate for the hearings examiner to handle.

(Ord. 64 § 2, 1995).

2.20.030 Appointment and terms.

The examiner shall be appointed by the city manager.

(Ord. 64 § 3, 1995).

2.20.040 Qualifications.

The hearings examiner shall be appointed solely with regard to qualifications for the duties of such office and shall have such training or experience as will qualify the examiner to conduct administrative or quasi-judicial hearings on land use regulatory codes and other matters deemed appropriate by the city council, and must have expertise and experience in at least one of the following areas: land use planning, environmental sciences, law, architecture or economics. The examiner shall hold no other appointive or elective public office or position in the city government.

(Ord. 64 § 4, 1995).

2.20.050 Conflict of interest and freedom from improper influence.

The examiner shall not conduct or participate in any hearing or decision in which the examiner or any of the following persons has a direct or substantial financial interest: the examiner’s spouse, sibling, child, parent, in-laws, partner; any business in which the examiner is then serving or has served within the previous two years; or any business with which such examiner is negotiating for, or has had arrangement or understanding concerning, possible partnership or employment. Any actual or potential interest shall be disclosed prior to such hearing.

No council member, city official, or any other person shall interfere, or attempt to interfere, with the examiner in the performance of the examiner’s designated duties.

(Ord. 226 § 1, 1999; Ord. 64 § 5, 1995).

2.20.060 Powers.

The examiner shall receive and examine available information, including environmental impact statements, conduct public hearings, and prepare records thereof.

The examiner’s decision on all matters coming before the examiner, including appeals of administrative decisions, will be final. The examiner’s decision shall be based upon the comprehensive plan, shoreline master program, land use regulatory codes of the city, or any other applicable ordinance adopted by the city council. When acting upon land use applications, the examiner may attach any reasonable conditions found necessary to make the project compatible with its environment and to carry out the goals and policies of the city’s comprehensive plan, shoreline master program, or other applicable plans or programs adopted by the city council. Such conditions may include, but not be limited to the:

A. Exact location and nature of development, including additional building and parking area setbacks, screenings in the form of landscaped berms, landscaping, or fencing;

B. Mitigating measures to eliminate or lessen the environmental impact of the development;

C. Provision for low- and moderate-income housing;

D. Hours of use or operation or type and intensity of activities;

E. Sequence and scheduling of development;

F. Maintenance of the development;

G. Duration of use and subsequent removal of structures;

H. Granting of easements for utilities or other purposes and dedication of land or other provisions for public facilities, the need for which the examiner finds would be generated in whole or in significant part by the proposed development.

(Ord. 226 § 1, 1999; Ord. 64 § 6, 1995).

2.20.070 Report by department.

When a land use application has been set for public hearing the community development department shall coordinate and assemble comments and recommendations of other city departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and other appropriate departments’ findings and recommendations. At least seven working days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and shall be made available for use by any interested party at the cost of reproduction.

(Ord. 423 § 1, 2004; Ord. 226 § 1, 1999; Ord. 64 § 8, 1995).

2.20.080 Public hearing.

Before rendering a decision on any application or appeal, the examiner shall hold at least one public hearing thereon.

Notice of the time and place of the public hearing shall be given as provided in the ordinance governing the application or appeal.

The examiner shall have the power to prescribe rules and regulations for the conduct of hearings under this section, subject to confirmation by the city council, to issue summons for and compel the appearance of witnesses, to administer oaths, and to preserve order. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the examiner.

(Ord. 226 § 1, 1999; Ord. 64 § 9, 1995).

2.20.090 Examiner’s decision – Findings required.

When the examiner renders a decision such examiner shall make and enter findings from the record and conclusions thereof which support such decision.

The findings and conclusions pertaining to land use regulatory matters shall set forth and demonstrate the manner in which the decision carries out and helps to implement the goals and policies of the comprehensive plan and the standards set forth in the various land use regulatory codes.

Within 20 working days of the conclusion of a public hearing, the examiner shall render a written decision, including findings and conclusion which support the decision. The examiner may approve, conditionally approve, or deny the application. The examiner shall transmit a copy of such decision by first class mail to the applicant and to other parties of record in the case requesting the same.

(Ord. 226 § 1, 1999; Ord. 64 § 10, 1995).

Chapter 2.25
PLANNING COMMISSION

Sections:

2.25.010 Planning commission established.

2.25.020 Purpose and mission statement.

2.25.030 Membership.

2.25.040 Commission appointments.

2.25.050 Term.

2.25.060 Vacancies and removal of members.

2.25.070 Public meetings and voting.

2.25.080 Meeting schedule established.

2.25.090 Expenditures and staff support.

2.25.100 Organization.

2.25.110 Conflict of interest.

2.25.010 Planning commission established.

The city council hereby establishes the city of University Place planning commission.

(Ord. 338 § 2, 2002).

2.25.020 Purpose and mission statement.

The purpose of the planning commission is to advise the city council on the following topics: growth management; general land use and transportation planning; long range capital improvement plans; and other matters as directed by the city council. The planning commission shall also hold hearings on and develop a comprehensive plan for the city and make recommendations to the city council on amendments to the comprehensive plan, the zoning code and map, and the development regulations of the city.

(Ord. 338 § 3, 2002).

2.25.030 Membership.

There shall be seven members of the planning commission. Members shall be city residents, except the city council may appoint one member who may reside outside the city. Members of the planning commission will immediately forfeit their appointment if they move outside the city limits. Members of the planning commission shall serve without compensation. No more than two members shall be engaged in the same occupation, business, trade or profession. In addition, it is desirable, but not mandatory, that the planning commission members be drawn from throughout the city.

(Ord. 338 § 4, 2002).

2.25.040 Commission appointments.

Appointments to the commission will be made by the city council.

(Ord. 338 § 5, 2002).

2.25.050 Term.

Commission members shall serve three-year terms, except that in 2004 two members shall serve a one-year term. There are no term limits. Terms shall be staggered so that no more than three appointments expire every year. Terms shall expire on December 31st.

(Ord. 405 § 1, 2004; Ord. 338 § 6, 2002).

2.25.060 Vacancies and removal of members.

Vacancies shall be filled by the council. Members may be removed by city council motion. A planning commission member automatically forfeits their position by having more than two unexcused absences, or four excused absences, during a 12-month period.

(Ord. 338 § 7, 2002).

2.25.070 Public meetings and voting.

All meetings shall be held in the city (except for training or field trips) and comply with the Open Public Meetings Act. No executive session shall be noticed or held without the prior knowledge of the city clerk and city attorney. A quorum is necessary to act on any matter before the commission. Four members of the commission constitutes a quorum. Any recommendation that a majority of the commission believes should be forwarded to the city council shall be so forwarded. Subcommittees shall not be created.

(Ord. 338 § 8, 2002).

2.25.080 Meeting schedule established.

The commission shall meet on the first and third Wednesdays of each month at 7:00 p.m. at City Hall. Meetings held on a different date or time shall be considered special meetings. Special meetings will require notice of the meeting posted at the fire department, library, City Hall and faxed to the city’s official newspaper. All regular meetings shall be properly noticed.

(Ord. 338 § 9, 2002).

2.25.090 Expenditures and staff support.

Any expenditure for the commission shall be within the amounts appropriated for the purposes set by the city council and approved in advance by the city manager or designee. Staff resource and support shall be as provided by the city council in the adopted budget under the city manager's authority.

(Ord. 338 § 10, 2002).

2.25.100 Organization.

The commission shall elect its own chairperson and vice-chairperson. The vice-chairperson shall preside in the absence of the chairperson. The chairperson and vice-chairperson shall be voting members of the commission. The commission shall adopt rules for transaction of business, and shall keep a written record of its meetings, attendance, and recommendations. The commission shall keep a tape recording or other verbatim record of any public hearing. These records shall be public record and filed with the city clerk.

(Ord. 338 § 11, 2002).

2.25.110 Conflict of interest.

Each voting member present shall vote on all questions put to the commission unless a conflict of interest under state law is present. Commission members may submit written comments for the record on an issue that will be voted on in their absence.

(Ord. 338 § 12, 2002).

Chapter 2.30
PUBLIC RECORDS

Sections:

2.30.010 Relationship to the Public Records Disclosure Act.

2.30.020 Disclosure of public records.

2.30.030 Authority and purpose.

2.30.040 Public records officer.

2.30.050 Making a request for public records.

2.30.060 Index of public records – Findings.

2.30.070 Order regarding public records index.

2.30.080 Processing of public records requests.

2.30.090 Inspection of records.

2.30.100 Exemptions.

2.30.110 Reimbursement for copying costs.

2.30.120 Review of denials of public records.

2.30.130 Administrative rules.

2.30.140 Copyright enforcement.

2.30.150 Misuse of public records – Penalty.

2.30.010 Relationship to the Public Records Disclosure Act.

This chapter constitutes the city’s rules and regulations to carry out and implement the Public Records Disclosure Act (“Act”), Chapter 42.56 RCW. Except as provided in this chapter, Chapter 42.56 RCW shall apply to all city public records.

(Ord. 478 § 2, 2006).

2.30.020 Disclosure of public records.

Unless exempt from disclosure under the Act or this chapter, public records shall be available for inspection and copying in accordance with this chapter.

(Ord. 478 § 2, 2006).

2.30.030 Authority and purpose.

A. The Act requires each city to make available for inspection and copying nonexempt “public records” in accordance with published rules. The Act defines “public records” to include 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.

B. The purpose of these rules is to establish the procedures the city shall follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of the city and establish processes for both requestors and city staff that are designed to best assist members of the public in obtaining such access.

C. The purpose of the Act is to provide the public full access to information concerning the conduct of government, mindful of individuals’ privacy rights and the desirability of the efficient administration of government. The Act and these rules shall be interpreted in favor of disclosure. In carrying out its responsibilities under the Act, the city shall be guided by the provisions of the Act describing its purposes and interpretation.

(Ord. 478 § 2, 2006).

2.30.040 Public records officer.

A. The city council for the city of University Place hereby appoints the city clerk as the official public records officer pursuant to RCW 42.56.580. Any person wishing to request access to public records of the city, or seeking assistance in making such a request, shall contact the public records officer of the city:

Public Records Officer (City Clerk)

City of University Place

University Place City Hall

3715 Bridgeport Way West, Suite B-1 University Place, WA 98466

Telephone: 253/566-5656

Fax: 253/566-5658

Information is also available at the City’s website at www.cityofup.com.

B. The public records officer is not required to personally fulfill the requests for public records. A request may be fulfilled by a city employee other than the public records officer. If the request is made to the public records officer but fulfilled by others in the city, the public records officer shall be responsible for directing the request to the appropriate person or persons in the city for processing.

C. The public records officer or designee shall provide the “fullest assistance” to requestors; ensure that public records are protected from damage or disorganization; and prevent fulfilling public records requests from causing excessive interference with essential functions of the city.

(Ord. 478 § 2, 2006).

2.30.050 Making a request for public records.

A. Any person wishing to inspect or copy public records of the city shall make the request in writing on the city’s request form, or by letter, fax, or e-mail addressed to the public records officer, and include the following information:

1. Name of requestor;

2. Address of requestor;

3. Other contact information, including telephone number and any e-mail address;

4. Identification of the public records adequate for the public records officer or designee to locate the records;

5. The date and time of day of the request; and

6. A statement that the request is not for a commercial purpose.

B. If the requestor wishes to have copies of the records made instead of simply inspecting them, he or she shall so indicate and make arrangements to pay for copies of the records or a deposit.

C. A form is available for use by requestors at the city clerk’s office and on-line at www.cityofup.com.

D. The public records officer or designee may accept requests for public records that contain the above information by telephone or in person. If the public records officer or designee accepts such a request, he or she will confirm receipt of the information and the substance of the request in writing.

(Ord. 478 § 2, 2006).

2.30.060 Index of public records – Findings.

A. Chapter 42.56 RCW requires all cities and public agencies to maintain and make available a current index of all public records.

B. RCW 42.56.070(4) provides that if maintaining such an index would be unduly burdensome, or would interfere with agency operation, a city need not maintain such an index, but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.

C. The city of University Place is comprised of two departments, 14 divisions and subdivisions, which maintain separate databases and/or recordkeeping systems for the indexing of records and information.

D. 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 central index of records.

E. The city will make available for inspection and/or copying all public records, including any indexes that are maintained by the city pursuant to the Act, Chapter 42.56 RCW, and this chapter.

(Ord. 478 § 2, 2006).

2.30.070 Order regarding public records index.

Based upon the findings set forth in UPMC 2.30.060, and pursuant to RCW 42.56.070(4)(a), the city council orders the following:

A. The city is not required to maintain a current index of public records due to findings of the city council that the requirements are unduly burdensome and such a list is nearly impossible to create and/or maintain; and

B. Pursuant to Chapter 42.56 RCW and this chapter, the city shall make available for public inspection and/or copying all public records and any indexes of public records maintained by the city to the extent not exempt from inspection and/or copying pursuant to Chapter 42.56 RCW or other applicable law.

(Ord. 478 § 2, 2006).

2.30.080 Processing of public records requests.

A. Providing “Fullest Assistance.” The city shall adopt rules to “provide full access to public records,” “protect records from damage or disorganization,” “prevent excessive interference with other essential functions of the agency,” provide “fullest assistance” to requestors, and provide the “most timely possible action” on public records requests. The public records officer or designee shall process requests in the order allowing the most requests to be processed in the most efficient manner.

B. Acknowledging Receipt of Request. Upon receiving a completed written request for public records form, the public records officer shall determine whether the requested record is exempt by law from inspection and copying in whole or in part. The public records officer shall make an initial response to the request for public records within five business days of receipt of the request. In the event a request for public records is received after 5:00 p.m., the request shall be deemed to have been received on the next business day. Depending on the nature of the request, the public records officer shall do one or more of the following:

1. Make the records available for inspection or copying;

2. If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor;

3. Provide a reasonable estimate of when records will be available;

4. If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. Such clarification may be requested and provided by telephone. The public records officer or designee may revise the estimate of when records will be available; or

5. Deny the request.

C. Protecting Rights of Others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to contact the requestor and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. The notice to the affected persons shall include a copy of the request.

D. Records Exempt from Disclosure.

1. Some records are exempt from disclosure, in whole or in part, under Chapter 42.56 RCW or other state laws. If the city believes that a record is exempt from disclosure and should be withheld, the public records officer shall state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer shall redact the exempt portions, provide the nonexempt portions, and indicate to the requestor why portions of the record are being redacted.

2. A decision by the public records officer denying inspection shall be reviewed by the city attorney. Such review shall be deemed complete 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.

E. No Duty to Create Records. The city is not obligated to create a new record to satisfy a records request.

F. Organization of Records. The city shall maintain its records in a reasonably organized manner. The city shall take reasonable actions to protect records from damage and disorganization. A variety of records are available on the city’s website at www.cityofup.com. Requestors are encouraged to view the documents available on the website prior to submitting a records request.

G. Similar Treatment and Purpose of the Request. The city shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose for the request, except to determine if the request is for commercial use or would violate another statute prohibiting disclosure.

(Ord. 478 § 2, 2006).

2.30.090 Inspection of records.

A. Hours for Inspection of Records. Public records are available for inspection and copying during normal business hours of the city, Monday through Friday, by appointment, excluding legal holidays. Records must be inspected at University Place City Hall.

B. Facilities for Inspection of Records. The city shall provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the city to copy.

C. Thirty-Day Period for Inspection of Records. The requestor shall claim or review the assembled records within 30 days of the city’s notification to him or her that the records are available for inspection or copying. The city shall notify the requestor in writing of this requirement and inform the requestor that he or she shall contact the city to make arrangements to claim or review the records. If the requestor or a representative of the requestor fails to claim or review the records within the 30-day period or make other arrangements, the city may close the request and refile the assembled records. Other public records requests can be processed ahead of a subsequent request by the same person for the same or almost identical records, which can be processed as a new request.

D. Providing Copies of Records. After inspection is complete, the public records officer or designee shall make the requested copies or arrange for copying.

E. Providing Records in Installments. When the request is for a broad range of records, the public records officer or designee may provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that way. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the public records officer or designee may stop searching for the remaining records and close the request.

F. Completion of Inspection. When the inspection of the requested records is complete and all requested copies are provided, the public records officer or designee shall indicate that the city has completed a diligent search for the requested records and made any located nonexempt records available for inspection.

G. Closing Withdrawn or Abandoned Request. When the requestor withdraws the request, fails to fulfill his or her obligations to inspect the records, or fails to pay the deposit or final payment for the requested copies, the public records officer shall close the request and indicate to the requestor that the city has closed the request.

H. Later Discovered Documents. If, after the city has informed the requestor that it has provided all available records, the city becomes aware of additional responsive documents existing at the time of the request, the city shall promptly inform the requestor of the additional documents and provide them on an expedited basis.

(Ord. 478 § 2, 2006).

2.30.100 Exemptions.

A. The Act provides that a number of documents are exempt from public inspection and copying. In addition, documents are exempt from public disclosure if any other statute exempts or prohibits disclosure. Requestors should be aware of exemptions, outside the Act, that restrict the availability of some documents held by the city for inspection and copying.

B. The city clerk’s office shall maintain and make available a list of other statutory exemptions. This list may also be viewed on the city’s website at www.cityofup.com. This list is for informational purposes only and the city’s failure to list an exemption shall not affect the efficacy of any exemption.

C. The city is prohibited by statute from disclosing lists of individuals for commercial purposes.

(Ord. 478 § 2, 2006).

2.30.110 Reimbursement for copying costs.

A. Copies of written records, maps, photographs including slides, audio tape recordings, video tape recordings and diskettes shall be made and provided by the city upon request and payment of the actual cost of reproducing the same, which cost shall be established by city council resolution.

B. Labor and mailing costs shall be included in the cost of reproduction. The costs of reproduction provided for by resolution shall include, but not be limited to, the following records: street maps, zoning maps, zoning codes, ordinances, public meeting minutes, resolutions, verbatim transcripts, deeds, contracts, and other records.

C. Where the request is for a certified copy, there shall be an additional charge in the amount established by city council resolution to cover the additional expense and time required for certification.

D. The public records officer may provide copies of city records at no charge to individuals or government agencies doing business with the city, if the public records officer determines such action is in the best interests of the city.

(Ord. 478 § 2, 2006).

2.30.120 Review of denials of public records.

A. Petition for Internal Administrative Review of Denial of Access. Any person who objects to the initial denial or partial denial of a records request may petition in writing to the public records officer for a review of that decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer or designee denying the request.

B. Consideration of Petition for Review. The public records officer shall promptly provide the petition and any other relevant information to the public records officer’s supervisor or other city official designated by the city to conduct the review. That person will immediately consider the petition and either affirm or reverse the denial within two business days following the city’s receipt of the petition, or within such other time as the city and the requestor mutually agree to.

C. Judicial Review. Any person may obtain court review of denials of public records request pursuant to RCW 42.56.550 at the conclusion of two business days after the initial denial regardless of any internal administrative appeal.

(Ord. 478 § 2, 2006).

2.30.130 Administrative rules.

The city manager, upon recommendation of the public records officer, may issue rules for the implementation of this chapter.

(Ord. 478 § 2, 2006).

2.30.140 Copyright enforcement.

The city recognizes that any software and special applications for software developed by city officers and employees in the scope of their employment are owned by the city pursuant to the copyright laws, 17 U.S.C., Sections 101 and 201. The city shall make available to all requestors a license to use such software so as to make use of all public data.

(Ord. 478 § 2, 2006).

2.30.150 Misuse of public records – Penalty.

Every person who shall unlawfully remove, alter, mutilate, destroy, disorganize, conceal, erase, obliterate, or falsify any public record shall be guilty of a misdemeanor.

(Ord. 478 § 2, 2006).

Chapter 2.35
EMERGENCY MANAGEMENT

Sections:

2.35.010 Purpose.

2.35.020 Policy.

2.35.030 Definitions.

2.35.040 Organization.

2.35.050 Plan and program.

2.35.060 Director – Emergency management responsibilities.

2.35.070 Chain of command.

2.35.080 Director – Emergency powers.

2.35.090 Private liability.

2.35.100 Penalty.

2.35.010 Purpose.

The purposes of this chapter are to provide for the preparation and carrying out of plans for emergency mitigation, preparedness, response and recovery for persons and property within the city in the event of an emergency or disaster. Additionally, the purpose is to provide for the coordination of emergency functions and services of the city with other public agencies and affected private persons, corporations and organizations.

(Ord. 117 § 1, 1996).

2.35.020 Policy.

It is the policy of the city to make effective preparation for and use of manpower, resources, and facilities to deal with any emergency or disaster that may occur. Emergencies and disasters by their very nature may disrupt or destroy existing systems and the capability of the city to respond to protect life, public health, public and private property and to provide essential city services. Therefore, citizens are advised to be prepared to be on their own for up to 72 hours should an emergency or disaster occur.

(Ord. 117 § 2, 1996).

2.35.030 Definitions.

A. “Emergency or disaster” shall mean an event or set of circumstances which: (1) demands immediate attention to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences, or (2) reaches such a dimension or degree of destructiveness as to warrant the emergency services director proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local or state statute.

B. “Emergency management” shall mean the preparation for and the carrying out of all emergency functions, other than those for which the military forces are primarily responsible, to mitigate, prepare for, respond to and recover from emergencies and disasters, and to aid victims suffering from injury or property damage resulting from disasters caused by all hazards, whether natural or manmade, and to provide support for search and rescue operations for persons and property in distress.

C. “Emergency management director” shall mean the city manager or authorized designee.

(Ord. 331 § 4, 2001; Ord. 117 § 3, 1996).

2.35.040 Organization.

The emergency management organization of the city shall include a disaster and emergency management team. The team shall be comprised of the city manager who shall serve as emergency management director; the deputy city manager; the community development director; the community services director; the city attorney; and the city clerk.

(Ord. 423 § 2, 2004; Ord. 331 § 1, 2001; Ord. 117 § 4, 1996).

2.35.050 Plan and program.

The emergency management director shall update the emergency management plan and program for the city no later than December 31, 2001. The emergency management plan and program shall be submitted to the city council to receive and file. The plan and program shall also be transmitted to the director of the Department of Community, Trade and Economic Development for certification of consistency with the state comprehensive emergency management plan. Upon receipt by the city council and certification by the state, the emergency management plan and program shall become the official emergency management plan of the city.

(Ord. 331 § 2, 2001; Ord. 117 § 5, 1996).

2.35.060 Director – Emergency management responsibilities.

The emergency management director (the city manager or designee as set forth below) has direct responsibility for the organization, administration and operation of the emergency management plan for the city. The emergency management director is responsible for directing the emergency operations of departments of the city of University Place. The emergency management director shall have such other duties as may by assigned to the director by the city council. The emergency management director is hereby empowered:

A. To request the city council, if the city council is in session, to proclaim the existence of or threatened existence of a disaster or an emergency, and the termination thereof. If the city council is not in session, to issue a proclamation declaring the existence of a disaster or an emergency, subject to confirmation by the city council at the earliest practical time; and

B. To direct coordination and cooperation between the staff of the departments and services of the city in carrying out the provisions of the emergency management plan and program, and to resolve questions of authority and responsibilities that may arise between them; and

C. To develop and implement appropriate mutual aid agreements.

(Ord. 331 § 4, 2001; Ord. 117 § 6, 1996).

2.35.070 Chain of command.

If the city manager for any reason is unable either to act as emergency management director or to communicate to the disaster and emergency management team, the city manager is authorized to establish a line of succession or “chain of command” for the position of city manager/emergency management director. This line of succession shall be published in the city’s emergency management plan. An acting emergency management director shall have the same authority to act as the director.

(Ord. 331 § 3, 2001; Ord. 117 § 7, 1996).

2.35.080 Director – Emergency powers.

In the event of a proclamation of a disaster or emergency as provided in this chapter, or upon the proclamation of an emergency by the Governor, the emergency management director is hereby empowered:

A. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations are confirmed at the earliest practical time by the city council.

B. To delegate to individuals, as necessary, the authority to accomplish specific or general emergency actions in conduction with the emergency response.

C. To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people and to bind the city for the fair value thereof, and, if required immediately, to commandeer the same for public use.

D. To require emergency services of any city employee and in the event of the city council’s or emergency management director’s proclamation of the existence or threatened existence of a disaster or the proclamation of a state of emergency by the Governor in the region in which the city of University Place is located, to command the aid of as many citizens of the city of University Place as may be deemed necessary in the execution of the director’s duties, and such persons to be entitled to all privileges, benefits and immunities as are provided by state law for registered emergency workers.

E. To execute all of the special powers conferred upon the director by this chapter, by any other statute, agreement or lawful authority, as necessary.

(Ord. 331 § 4, 2001; Ord. 117 § 8, 1996).

2.35.090 Private liability.

No individual, firm, association, corporation or other party owning, maintaining or controlling any building or premises, who voluntarily and without compensation grants to the city a license or privilege or otherwise permits the city to inspect, designate and use the whole or any part or parts of such building or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency or disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon said building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof, except a willful act of misconduct, when such a person has entered or gone into or upon said building or premises for the purpose of seeking refuge therein during an emergency or disaster or an attack by enemies of the United States or during a disaster drill, exercise or test ordered by a lawful authority.

(Ord. 117 § 9, 1996).

2.35.100 Penalty.

Any person who shall:

A. Willfully obstruct, hinder, or delay any member of the emergency management organization of the city in the enforcement of any lawful rule or regulation issued pursuant to this section or in the performance of any duty imposed upon such member by virtue of this section;

B. Do any act forbidden by any lawful rules or regulations issued pursuant to this section if such act is of such a nature as to imperil the lives or property of inhabitants of the city or to prevent, hinder or delay the protection thereof;

C. Wear, carry or display, without authority, any means of identification specified by the emergency management agency of the state shall, upon conviction, be fined in a sum not exceeding $1,000, or by imprisonment for a period not exceeding 90 days, or by both such fine and imprisonment, at the discretion of the court.

(Ord. 117 § 10, 1996).