§ 2.74.030. Procedures for requests and response to requests.

Any person desiring to inspect or receive a copy of any identifiable public record of the City may make a written request to the City's Public Records Officer. The procedures for a Requester to make a request, and for the City to respond, are set forth as follows:

A.

Requesting records.

1.

How to make a public records request.

Public records may be inspected or copies of public records may be obtained by the public at City Hall upon compliance with the following procedures:

a.

Each department of the City identifies some records as "over the counter" records. Such records include those that can be readily identified, are located at a single source (do not require searching multiple files or departments), and are routinely made available to the public. Requests for an over the counter record may be directed to the City department that has control of the record. If a request is made for a record that is not an over the counter record, the requester must submit a records request to the Public Records Officer.

b.

Except for over the counter records, all records requests must be made to the Public Records Officer. (As to over the counter records, see B.2., below). All subsequent communications from a requester should also be directed to the Public Records Officer, unless an Assistant Public Records Officer has been delegated the responsibility for a particular request.

c.

To avoid confusion or miscommunication, a request for public records should be made in writing. For the convenience of the public, the City provides forms for records requests. A request form is available at City Hall and on the City's website. The City encourages, but does not require requesters to use the form.

d.

A request may be mailed, faxed, emailed, or delivered in person to City Hall. In the event a request is not made in writing, the Public Records Officer shall confirm in writing to the requester the details of the request.

e.

A request for records should include the following information:

i.

The date of the request;

ii.

The name of the requester;

iii.

The full address of the requester;

iv.

The telephone number of the requester;

v.

A description of the requested record adequate to identify it;

vi.

The title and date of the requested record, if known; and

vii.

Whether the requester intends to inspect the records or to obtain a photocopy of the records.

B.

Responding to records requests.

1.

Instructions to City Staff—Procedures for responding to requests.

All public records of the City are available for disclosure except as otherwise provided by law. We serve the public when responding to requests for public records. Staff should strive to efficiently, accurately and thoroughly respond to each request. As with all other services provided by the City, our goal is to go "above and beyond."

2.

Over the counter records. Each department of the City shall establish a procedure for "over the counter" records. Such records may be provided immediately in response to a request. Generally, over the counter records can be defined as those readily identifiable, located at a single source (does not require searching multiple files or departments), and the document is routinely made available to the public. If a request is made for a record that is not an over the counter record, the requester must be informed that the records is not available over the counter and that a records request must be filed with the Public Records Officer.

Each department must log all requests for over the counter records and all responses to such requests.

3.

Contact person. The contact person with the public for all public records requests shall be the Public Records Officer. Requesters who have questions should be directed to the appropriate Records Officer.

4.

Date and time of request. Immediately upon receiving a request, the Public Records Officer shall document the date and time the request was received.

5.

Only existing records. The City is not required to create a record in response to a records request. If a request does not identify an existing record, contact the Public Records Officer for instructions.

6.

Five-day response. For requests for records not within the "over the counter" category, within five business days of receiving a records request the City shall respond by:

i.

Notifying the requester that the documents are available; or

ii.

Providing an internet address and link on the City's website to the specific records requested, except that if the requester notifies the City that he or she cannot access the records through the internet, then the City must provide copies of the record or allow the requester to view copies using a City computer; or

iii.

Sending an "acknowledgment letter" 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

iv.

Requesting clarification, as outlined in additional time for response, below; or

v.

Denying the records request. In a "denial letter," the City should include an exemption log, as described in subsection 19.b., if any responsive exempt records exist.

7.

Additional time for response. Additional time for the City to respond to a request may be based on the need to:

i.

Clarify what documents are being sought in the request;

ii.

Locate and assemble the records requested;

iii.

Use the requested record in the City's normal course of business;

iv.

Notify third persons or agencies affected by the request; or

v.

Determine whether any part of the record requested is exempt and that a denial should be made as to all or part of the request.

8.

Unclear requests. In acknowledging receipt of a records request that is unclear, the City may ask the requester to clarify what records the requester is seeking. If the requester fails to clarify the request, the City may deem the request abandoned and need not respond to it.

9.

Large or complex requests. When a records request is for a large volume of records, or when a records request involves complex searches or searches requiring manual sorting of numerous files, the City may elect to provide records on an installment basis. In such case, the Public Records Officer should provide a reasonable estimate in the acknowledgment letter when the first installment will be available. At the time the first installment is reviewed or copied, the Public Records Officer will estimate when the second installment will be available, and continue on that basis until the entire request has been completed. If a requester does not contact the Public Records Officer within 15 days to arrange for the review of the first installment, the City may deem the request abandoned and stop fulfilling the remainder of the request.

10.

Identity of the requester. The City may ask a requester for personal identification only when the law makes a record disclosable to a specific person.

11.

Requests for verification of customer information. A customer service employee may only verify whether a customer is or has been a customer of the City. Any other request for verification shall be forwarded to the Public Records Officer.

If a customer wishes to have the City verify his or her address, the customer shall provide the City a statement in writing authorizing the City to provide that verification. This authorization shall be construed as applicable to all requests for verification, unless the authorization is expressly limited to particular requesters.

12.

Procedures for conducting searches for public records. Except for over the counter records, the Public Records Officer will poll all City departments to determine what records, and the quantity of records, each department may have that fall within the scope of a records request.

Each department shall search all records within its control, including all types of storage media; and provide documentation describing the search process, including all locations searched and searched terms used, with sufficient detail to re-create the search.

Each department shall respond to the Public Records Officer within four business days. It is important to be prompt!

After receiving and organizing the responses from each department, the Public Records Officer shall prepare a schedule for production of the records. The Public Records Officer shall notify each department when the records from that department are due. Each department then shall organize its activities to comply with the schedule prepared by the Public Records Officer. Again, it is important to be prompt!

In some instances unexpected events may interrupt the schedule. In such instances, it is important to immediately contact the Public Records Officer.

13.

Requests for electronic records. Electronic records, like paper records, are "public records" subject to the Public Records Act, but it is not always feasible to redact exempt information from electronic records when the records are still in their native electronic format. Thus, to protect exempt records, it will sometimes be necessary to either print the record and redact it by hand, or convert the record into an electronic format that can be electronically redacted.

If the records request includes requests for electronic records, the Public Records Officer may propose a list of search terms based on the records request to the requester to assist the City in its search of responsive records.

a.

Non-exempt reasonable locatable electronic records are subject to disclosure. If the requester has requested an electronic record but has not specified any particular format, the City may produce the record in paper format with any necessary redactions. If a requester requests a copy in electronic format, the records shall be copied onto a compact disc or other available medium. If the requester requests to review the record or has requested a copy but lacks the necessary software to review the record in electronic form, the City may make a computer available to allow the requester to review the record electronically, if equipment to do so is available without disrupting the usual work of City staff.

b.

Electronic records containing no exempt information. Electronic records that do not contain exempt information (including any metadata) shall be produced in their native electronic format if requested in that format.

c.

Electronic records containing exempt information.

i.

Records. When a record contains exempt information, the exempt information shall be redacted from the copy provided to the requester. Redactions may be made by either printing the record and redacting exempt information by hand or converting the record into an electronic format that can be electronically redacted and electronically redacting the exempt information. Alternatively, if the requester wants the record in its native electronic format, then the City shall treat the request as seeking customized access, to be handled in the manner described in subsection iii. below.

Comment. It is usually not possible to electronically redact information from a record in its native format. In such instances, it will be necessary to print the record and redact, or convert the record into an electronic format that can be electronically redacted and electronically redact the exempt information, or provide for customized access

ii.

Databases. If the City can generate a report from the database with the requested non-exempt information through the standard process it uses for creating reports from this database, then the City shall generate a report with the specified information and handle the request as it would any request for an electronic record not containing exempt information. If the request requires additional steps, then the City shall treat the request as seeking customized access, to be handled in the manner described in subsection iii. below.

Comment. When a request is for information contained in a database, the City should consider the effort and expense necessary for creating a report with the requested information when responding. If the City regularly generates reports from the database and can generate a report from the database with the requested non-exempt information through the standard process it uses for creating reports from this database, then the City shall generate a report with the specified information. This is true even if the information would not typically be included in a report the City normally generates. If, however, it would take additional programming or other steps to generate a report, then the City may treat the request as one requiring customized access. The City should get the requester's commitment to pay for this access before it incurs the cost.

iii.

Customized access.

(A)

Creating a new record. When a requester seeks an electronic record in its native format that contains exempt information, the City shall redact the exempt information by creating a new record in the native format without the exempt information, provided that the requester agrees to pay for the costs of this customized access. The City may also choose to create a new record as the most cost-effective way to redact information, provided that the requester consents.

Comment. The Public Records Act does not require public agencies to create records in response to a public records request. Creating a new record, however, may be the only way to allow access to an electronic record in its native format when the original record contains exempt information that must be redacted. There are also times when creating a new record may be the most cost-effective way for the City to redact exempt information from an electronic record. For example, in a spreadsheet it will often be easier to create a new spreadsheet without a column that contains exempt information, rather than print and redact the column by hand. Under these circumstances, if the requester consents, the City should consider this option without charging the requester.

(B)

Computer programming. If the requester seeks information from a database that requires additional programming to generate a report with the requested information, the City may provide this customized access, provided that the City possesses the technological capability to do such programming and provided that the requester agrees to pay for the costs of this customized access. If a requester seeks access to the actual database itself and additional programming is required to allow this access or to insure the requester cannot access exempt information, the City may provide this customized access, provided that the City possesses the technological capability to do such programming and provided that the requester agrees to pay for the costs of this customized access. Under no circumstances shall a requester be given access to a database if it is not possible to protect exempt information.

(C)

Metadata. If a requester seeks metadata from a record that contains exempt information and the City possesses the technological capability, the City may provide a report containing that metadata with all exempt information redacted.

14.

Notice to third parties. If a public record contains personal information that identifies an individual or organization or contains information that pertains to an identified individual or organization, and if the City is uncertain whether an exemption applies to the record, or part of it, the City may notify that individual or organization by sending the third party a "notice of request" letter. The City may send this notice to the individual or organization if releasing the information could damage the individual or organization, or government operations, or is not in the best interest of the public. The notice should include:

a.

The record being requested;

b.

The date the City intends to release the record; and

c.

Notice that the City will release the record by the specified date if the contacted party does not obtain and serve on the City a temporary injunction, restraining order, or similar court order.

This procedure shall not create any rights to third parties to such notice.

This procedure will not be used to unreasonably delay responses to records requests.

Comment: This procedure should not be followed unless there is a bona fide question whether an exemption applies.

15.

Notice to requester. The City may also send a written notice to the requester notifying them that.

a.

The individual or organization whose personal information is contained in the requested public record has been notified;

b.

Notice that the City will release the record by the specified date if the contacted party does not obtain and serve on the City a temporary injunction, restraining order, or similar court order; and

c.

If the contacted party does obtain and serve on the City a temporary injunction, restraining order, or similar court order, disclosure may be denied.

16.

Procedures for internal tracking of public records requests.

a.

The Public Records Officer shall be responsible for tracking the progress of requests for public records.

b.

The Public Records Officer shall notify City record holders when a request for public records has been received and to preserve all relevant records.

c.

A form for tracking public records requests shall include the date the request was received; the date the five-day letter was sent; the date estimated for completion; the identity of person charged with managing the search; all persons contacted to search for records; a summary of search efforts; and the date(s) the records were produced.

d.

Each department shall implement a system to track over the counter records requests. Each department shall send a summary of over the counter records requests to the Public Records Officer each month.

17.

Exemptions.

After the City has gathered responsive records, the City shall determine whether an exemption applies to all or part of a record. The City need not make available for inspection and copying records exempt from public inspection and copying under Chapter 42.56 RCW and/or other provisions of State or Federal law, statute, or regulation.

The exemptions found outside the Public Records Act that are most likely to potentially exempt records held by the City include:

RCW 4.24.550	Information on sex offenders to public
RCW 5.60.060	Privileged communications
RCW 5.60.070	Court-ordered mediation records
RCW 7.68.140	Victims' compensation claims
RCW 7.69A.030(4)	Child victims and witnesses - protection of identity
RCW 7.69A.050	Rights of child victims and witnesses - addresses
RCW 10.52.100	Records identifying child victim of sexual assault
RCW 10.97.040	Criminal history information released must include disposition
RCW 10.97.050	Conviction and criminal history information
RCW 10.97.070	Disclosure of identity of suspect to victim
RCW 10.97.080	Inspection of criminal record by subject
RCW 13.60.020	Missing children information
RCW 19.215.020	Destruction of personal health and financial information
RCW 26.44.010	Privacy of reports on child abuse and neglect
RCW 26.44.020(19)	Unfounded allegations of child abuse or neglect
RCW 26.44.030	Reports of child abuse/neglect
RCW 26.44.125	Right to review and amend abuse finding - confidentiality
RCW 27.53.070	Records identifying the location of archaeological sites
RCW 29A.08.720	Voter registration records - place of registration confidential
RCW 29A.08.710	Voter registration records - certain information exempt
Chapter 40.14 RCW	Preservation and destruction of public records
RCW 42.23.070(4)	Municipal officer disclosure of confidential information prohibited
RCW 42.14.030(7)	Identity of local government whistleblower
RCW 42.14.045	Non-disclosure of protected information (whistleblower)
RCW 46.52.080	Traffic accident reports - confidentiality
RCW 46.52.083	Traffic accident reports - available to interested parties
RCW 46.52.120	Traffic crimes and infractions - confidential use by police and courts
RCW 46.52.130(2)	Abstract of driving record
RCW 48.62.101	Local government insurance transactions - access to information
RCW 50.13.060	Access to employment security records by local government agencies
RCW 50.13.100	Disclosure of non-identifiable information or with consent
RCW 51.28.070	Worker's compensation records
RCW 51.36.060	Physician information on injured workers
RCW 60.70.040	No duty to disclose record of common law lien
RCW 68.50.105	Autopsy reports
Chapter 70.02 RCW	Medical records - access and disclosure - entire chapter (HC providers)
RCW 70.48.100	Jail records and booking photos
RCW 71.24.035(5)(g)	Mental health information system - state, county and regional support networks - confidentiality of client records
RCW 71.34.200	Mental health treatment of minors - records confidential
RCW 71.34.210	Court records for minors related to mental health treatment
RCW 71.34.225	Release of mental health services information
RCW 72.09.585(3)	Disclosure of inmate records to local agencies - confidentiality
RCW 82.32.330	Disclosure of tax information
42 USC 405(c)(2)(vii)(l)	Limits on Use and Disclosure of Social Security Numbers
42 CFR Part 2 (2.1—2.67)	Confidentiality of Alcohol and Drug Abuse Patient Records
45 CRF 160—164	HIPAA Privacy Rule

 

This list is provided for information. The City is not bound by or limited to these exemptions.

18.

Additional procedures for exemptions.

a.

When exempt portions of public records can be redacted, the remainder thereof shall be open to public inspection and copying.

b.

Exemption log. If the City determines that all or part of a record is subject to an exemption, the City shall so inform the requester in writing, including:

i.

A description of the exemption;

ii.

The type of record being withheld;

iii.

If necessary, a short explanation of why it applies to the record (or part) being withheld;

iv.

The date the record was created;

v.

The number of pages; and

vi.

The author, or other means of sufficiently identifying particular records without disclosing protected contents.

c.

Where the use of any identifying features would reveal protected contents, the City may designate the record with a numbered sequence.

d.

Pursuant to the Act, the City reserves the right to seek to enjoin the examination of any specific record, the examination of which the City determines would clearly not be in the public interest and would substantially damage any person or would substantially damage vital governmental functions.

19.

Inspection of records.

a.

Notice of availability. When the records responsive to the request (or the first installment) are available for inspection, the Public Records Officer shall send the requester a "notice of availability" letter. If the requester fails to contact the City within 15 days of the mailing of this letter, the City may treat the request as abandoned. When the City is producing in installments, this letter shall also provide an estimate of when the next installment will be available.

b.

Response by requester. If the requester does not review the records at the time scheduled with the Public Records Officer, does not contact the Public Records Officer to arrange for payment, or does not request additional time to review the records within 15 days after the notice of availability letter was sent, the City may consider the records request abandoned.

c.

Protection of records. In order that public records maintained on the premises of the City may be protected from damage or disorganization as required by the Act, the following procedures and practices are hereby instituted:

i.

No Public Records shall be removed from City Hall without the Public Records Officer's permission;

ii.

Inspection of any public records shall be conducted in the presence of the Public Records Officer or designated staff;

iii.

No public record may be marked, defaced, torn, damaged, destroyed, unreasonably disorganized or removed from its proper location or order by a member of the public;

iv.

Public records maintained in a file jacket or binders, or in chronological order, may not be dismantled except for the purpose of copying, and then only by City staff; and

v.

Public records of the City may be copied only on the copying machines of the City unless other arrangements are made by the Public Records Officer.

20.

Loss of right to inspect.

Inspection shall be denied and the records withdrawn by the Public Records Officer if the requester, when reviewing records, acts in a manner which will damage or substantially disorganize the records or interfere excessively with other essential functions of the City.

21.

Deposits for copying public records.

When determining whether to request a deposit, the City shall consider the cost of making the requested copies and any payment history of the requester, as well as the administrative burden of seeking a deposit.

22.

Closing the file.

Once all copies of requested records have been provided to the requester, or the request has been abandoned, the Public Records Officer shall mail the requester a "closing letter" informing the requester that the City has fully responded to the records request. Upon receipt of the closing letter, the requester should immediately inform the Public Records Officer if the requester does not think the City has fully complied, or needs additional time to review the records. If the requester does not respond within ten business days after the closing letter was sent, the City may treat the matter as closed.

23.

Review of asserted exemptions.

a.

A requester who objects to the initial denial or partial denial of a records request may ask the Public Records Officer to review the decision. Such a request shall be made in writing, should reasonably identify the written denial to which to requester objects, and should state in general terms the reason for the objection. Such reasons include, but are not be limited to, a claim that an exemption does not apply, or if an exemption does apply, a request to waive the exemption.

b.

Within five business days, or within such other time as the City and the requester mutually agree to, the Public Records Officer shall review the objection and shall either meet with the requester or reply in writing to the requester. The Public Records Officer shall either affirm or reverse the denial.

c.

If the requester is not satisfied with the decision of the Public Records Officer after the review provided in the preceding paragraph, the requester shall so notify the Public Records Officer in writing. The Public Records Officer then shall promptly provide the requester's objection and any other relevant information to the City Manager. The City Manager, within five business days, or within such other time as the City and the requester mutually agree to, will consider the objection and either affirm or reverse the denial. That concludes the administrative review process.

24.

Disclaimer.

This ordinance is not intended to expand or restrict the rights of disclosure or privacy as they exist under State and Federal law. Nothing in this ordinance is intended to impose mandatory duties on the City beyond those imposed by State and Federal law. Except where these guidelines are mandated by statute, the guidelines in this policy are advisory only and shall not impose any affirmative duty on the City. The City reserves the right to revise or change the ordinance from time to time.

(Ord. 3509, § 1, 7/1/2014; Ord. 3405, 7/16/2010; Ord. 3384, 11/29/2009; Ord. 3213 § 1 (part), 8/26/2005; Ord. 3213 § 1 (part), 8/26/2005; Ord. 2754, 3/26/1993)