HomeMy WebLinkAboutOrdinance No. 0830ORDINANCE NO.830
AN ORDINANCE OF THE CITY OF MEDINA RELATING TO PUBLIC
RECORDS; ADOPTING NEW REGULATIONS GOVERNING THE
DISCLOSURE OF PUBLIC RECORDS; REPEALING AND REENACTING
CHAPTER 2.48 OF THE MEDINA MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Public Records Act, chapter 42.56 of the Revised Code of Washington
(chapter 42.56 RCW), requires cities to adopt rules of procedure consistent with the intent of the
Public Records Act, 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, the Public Records Act 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 the Public Records Act, to provide
citizens with broad access to public records; and
WHEREAS, the City Council desires to update its current public disclosure regulations in
order to conform with changes to state law; and
WHEREAS, chapter 42.56 RCW requires all cities and public agencies to maintain and make
available a current index of public records; and
WHEREAS, RCW 42.56.070(4) provides that if maintaining such an index would be unduly
burdensome or interfere with agency operation, a city must issue and publish a formal order
specifying the reasons why and the extent to which compliance would be unduly burdensome; and
WHEREAS, the City further desires to ratify its earlier determination of undue burden for
maintaining an index of public records;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Repeal and reenactment of Chapter 2.48 MMC. Chapter 2.48, Public
Records, of the Medina Municipal Code is hereby repealed in its entirety and reenacted to read as
follows:
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Chapter 2.48
Public Records
Sections:
2.48.010
Relationship to Public Records Act.
2.48.020
Public Records Officer.
2.48.030
Maintenance of Records.
2.48.040
Index of Public Records — Findings.
2.48.050
Index of Public Records — Order.
2.48.060
Disclosure of Public Records.
2.48.070
Procedure for Inspection or Copying.
2.48.080
Processing Public Records Requests - Review of Decision.
2.48.090
Exemptions.
2.48.100
Reimbursement for Copying Costs.
2.48.110
Administrative Rules.
2.48.010 - Relationship to Public Records Act.
This chapter constitutes the City's rules and regulations to carry out and implement
the Public Records Act, chapter 42.56 RCW.
2.48.020 — Public Records Officer.
The City Clerk shall serve as the City's public records officer. Contact information
for the City Clerk will be made available to the public in a manner reasonably
calculated to provide notice of to whom members of the public may direct requests,
such as posting such contact information at City Hall or on the City's internet
website.
2.48.030 - Maintenance of Records.
A. All substantive and procedural rules of general applicability, including
but not limited to ordinances and resolutions of the City Council, minutes of the
regular meetings of the City Council, and statements of general policy, and all public
contracts, deeds, easements and leases shall be indexed and maintained by the City
Clerk.
B. All police records shall be maintained in the Medina Police
Department. Access to police records shall be in accordance with the policy
established by the Police Department, pursuant to laws including but not limited to
chapter 10.97 RCW, Criminal Records Privacy Act, and chapter 13.50 RCW,
Keeping and Release of Juvenile Records.
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C. All other such records of the City relating to the specific function or
responsibility of a particular department shall be maintained for the use of the
department and the general public in the office of the particular department. Such
records shall include, but not be limited to: planning policies and goals, and interim
and final planning decisions; factual staff reports and studies; factual consultant's
reports and studies; scientific reports and studies; and any other factual information
derived from tests, studies, reports or surveys, whether conducted by City employees
or others.
2.48.040 — Index of Public Records — Findings.
A. The Public Records Act requires all cities and public agencies to
maintain and make available a current index of all public records.
B. RC W 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.
C. 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.
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 current index of all
records.
2.48.050 - Index of Public Records — Order.
Based upon the findings set forth in MMC 2.48.040, and pursuant to
RCW 42.56.070(4), the City Council orders the following:
A. 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.
B. The City will make available for inspection and/or copying all public
records, including any indexes that are maintained by the City as set forth in MMC
2.48.030, except to the extent that such records are exempt from public disclosure.
2.48.060 - Disclosure of Public Records.
Unless exempt from disclosure under this chapter or other law, public records shall
be available for inspection and copying in accordance with this chapter.
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2.48.070 - Procedure for Inspection or Copying.
A. All persons desiring to inspect or obtain a copy of any public record
must make their request in writing to the City Clerk. The City Clerk shall create and
avail for public use a standard form by which a requester may specify particular
public records and provide the requester's relevant contact information. Reasonable
assistance as may be necessary to help a requestor locate particular records shall be
provided either by the City Clerk or by the City department maintaining the records.
PROVIDED, that the provision of such assistance shall not unreasonably disrupt the
normal operations of the City Clerk, the department, or the assisting employee.
B. Except to the extent required or authorized by law, the City Clerk or
other City employee shall not distinguish among persons requesting records. Persons
requesting 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
chapter 42.56 RCW or other statute or ordinance that exempts or prohibits disclosure
of specific information or records to certain persons.
2.48.080 - Processing Public Records Requests - Review of Decision.
A. Responses to requests for public records shall be made promptly
pursuant to chapter 42.56 RCW. Within five business days of the date of receipt by
the City of a written request for a record, the City Clerk shall:
1. Provide the record; or
2. Acknowledge that the City has received the request and (a) provide a
reasonable estimate of the time the City will require to respond to the
request, or (b) request clarification; or
3. Deny the public record request in whole or in part.
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 copying. Additional time to respond to a request may
be based upon the need to clarify the intent of the request, to locate and assemble the
information requested, to notify third persons or agencies affected by the request, or
to determine whether any of the information requested is exempt. If a public records
request is unclear, the City Clerk may ask the requestor to clarify what information
the requestor is requesting. If the requestor fails to clarify the request, the City need
not further respond to or process the request.
C. If the City Clerk determines that the document is exempt in part but
can be made available after deletion of exempt portions, the request shall be granted;
provided, that such exempt portions shall first be deleted. If the City Clerk
determines to deny the request, in whole or in part, a written statement of the specific
reasons for the denial shall be provided to the requestor. PROVIDED, that nothing
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herein shall be construed as requiring the City to disclose portions of a requested
document if the entire document is exempt from disclosure.
D. In the event the City Clerk denies inspection of all or any part of a
request, the City Clerk may seek review by the City Attorney. The City Clerk will
notify the requestor by mail of the decision to grant or deny the request.
2.48.090 - Exemptions.
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 or exception to the Public Records Act
provided by law, including but not limited to those exemptions set forth in
Appendix C to "Public Records Act for Washington Cities and Counties," Municipal
Research and Services Center, Report No. 61, July 2006, as may be amended from
time to time, a copy of which shall be maintained in the office of the City Clerk.
2.48.100 - Reimbursement for Copying Costs.
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 designee a copying charge. The copying charges for public records,
including but not limited to photocopies, maps, photographs including slides, audio
tape recordings, video tape recordings and diskettes shall be established by City
Council resolution. Nothing herein shall be construed to apply to charges for accident
reports pursuant to RCW 46.52.085.
B. The City may charge all costs directly incident to shipping such public
records, including but not limited to the cost of postage or delivery charges and the
cost of any container or envelope pursuant to RCW 42.56.070(7).
C. The City may, at its discretion, require the requestor to deposit a sum
in an amount not to exceed ten percent (10%) of the estimated cost of providing
copies for a request. If the records are made available on a partial or installment
basis, the City may charge for each part of the request as it is provided. If an
installment of a records request is not paid for or reviewed within twenty days after
the City provides notice of availability of the installment, the City is not obligated to
fulfill the balance of the request.
D. 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.
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2.48.110 — Model Rules and Administrative Procedures.
The City may, in its discretion, follow the Public Records Act Model Rules on file at
the City Clerk's Office. The City Manager, upon recommendation of the City Clerk,
may issue additional administrative procedures for the implementation of this
chapter.
Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance shall take effect five (5) days after publication
of a summary consisting of the title.
Passed by the City Council of the City of Medina the 14"' day of July, 2008.
Approved by the Mayor of the City of Medina the 141' day of July, 2008.
Approved as to form:
Mark L. Nelson, Mayor
Attest:
Wayne D. Ta aka, City Attorney R chel Baker, City Clerk
Passed: 07/14/2008
Published: (2-0ox
Effective Date:
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SUMMARY OF ORDINANCE NO.830
of the City of Medina, Washington
On July 14, 2008, the City Council of the City of Medina, Washington, adopted
Ordinance Number 830, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY OF MEDINA RELATING TO PUBLIC
RECORDS; ADOPTING NEW REGULATIONS GOVERNING THE
DISCLOSURE OF PUBLIC RECORDS; REPEALING AND
REENACTING CHAPTER 2.48 OF THE MEDINA MUNICIPAL CODE;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
APPROVED by the City Council at their meeting of July 14, 2008.
R chel Baker, City Clerk
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