City of Tacoma. Procedures for Public Disclosure Requests

Transcription

1 City of Tacoma Procedures for Public Disclosure Requests Contact information: Public Records Officer City Clerk s Office 747 Market Street, Room 220 Tacoma, WA

2 BACKGROUND These procedures have been prepared in conjunction with City Administrative Policy No Request for Public Records. The City is required by the State Public Records Act (RCW 42.56) to allow the general public to inspect and/or copy certain documents, records, policies, and other information; and to appoint and publicly identify a public records officer whose responsibility is to serve as a point of contact for members of the public requesting records, and to oversee the City s compliance with the Public Records Act. The Act declares: The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. The Act also declares: The public records subdivision of this chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy. A public record includes 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 any state or local agency regardless of physical form or characteristics. In general, most of the information processed and retained by departments such as factual studies and reports, policies and procedures, resolutions, ordinances and related materials, etc., fall in the category of public records and thus must be disclosed under the law, unless there is a specific, lawful exemption. Both requesters and agencies have responsibilities under the Public Disclosure Act. An agency has a duty to promptly provide access to all nonexempt public records, and the requester has a duty to request identifiable records, inspect the records, and pay for the copies. It is the policy of the City to provide the fullest assistance to requesters and to comply with the provisions of the Public Records Act. In general, the following provisions apply to all public disclosure requests: The City cannot charge a fee for locating public records or preparing the records for inspection. The City cannot charge sales tax for providing copies of public records. The City is not required to create a public record in response to a request. While the City cannot require a requester to state the purpose of their request (with limited exceptions), in an effort to better understand the request and provide all responsive records, the City can inquire about the purpose of the request. The Legal Department must be consulted prior to withholding or redacting any public record. 1

3 PUBLIC RECORDS OFFICER Under the direction of the City Attorney, the City Clerk has designated the Records Management Supervisor located in the City Clerk s Office as the City s Public Records Officer. The name, title, address, telephone number, and contact information of the Public Records Officer will be posted at the Tacoma Municipal Building, as well as on the City s website home page, with instructions on how to request public records. These Procedures for Public Disclosure Requests provide detailed procedures for employees on receiving, processing, and responding to requests for public information for general government departments. The Records Management Supervisor located at Tacoma Public Utilities, and the Tacoma Municipal Court Administrator, shall each establish procedures for their respective public disclosure processes, and publicly identify a Public Records Officer, in accordance with state law. While at times the Public Records Officer may send responsive documents to requesters, generally it is the responsibility of each department involved to research and compile responsive documents, and coordinate with the requester, in order to fulfill the request. The Public Records Officer will keep a record of each public disclosure request received for tracking, monitoring, and compliance purposes. DEPARTMENTAL PUBLIC DISCLOSURE COORDINATORS Each department Director shall identify at least one person, depending upon department size and number of divisions, as a Public Disclosure Coordinator. The Public Records Officer will coordinate all public disclosure requests with the department/division coordinator. This will ensure a standard, uniform approach and response to all public disclosure requests. Departments are responsible for keeping the Public Records Officer informed of current Public Disclosure Coordinators. PUBLIC DISCLOSURE REQUESTS a ) To properly process a Public Disclosure Request (PDR) in a timely manner, it is preferred that requests be made in writing on the City s Public Disclosure Request Form. Other written formats such as are acceptable, and should include the requester s name, daytime phone number, address, and the specific items being requested. Requests can be delivered to the City in person, by U.S. mail, , or submitted via the City of Tacoma s internet site. Oral requests will be transferred to the City s Public Disclosure Form, or other written format, by the staff member receiving the request. 2

4 b ) In order to provide the best possible customer service, and to ensure compliance with state law, all PDR s shall be directed to one of the following three locations: 1. Requests for general government information: Public Records Officer, City Clerk s Office, 747 Market Street, Room 220, Tacoma, WA Requests for Tacoma Public Utilities information: Records Management Supervisor, Tacoma Public Utilities, PO Box 11007, Tacoma, WA OR in person at 3628 So. 35 th Street, Tacoma, WA Requests for Municipal Court information: Court Administrator, Tacoma Municipal Court, 930 Tacoma Ave S., Room 841, Tacoma, WA c ) If the requester, or staff member, is unsure of where to file the request, it shall be filed with the Public Records Officer in the City Clerk s Office, who will then determine which department(s) shall fulfill the request. d ) Each City Department may designate within its own department certain over the counter records available to the public for immediate inspection and/or providing copies without the requirement to first submit the request to the Public Records Officer. However, a copy of the request must be sent to the Public Records Officer for recording purposes. Departments shall periodically forward to the Public Records Officer a list of the designated over the counter records available to the public. e ) In the event a department other than those specified in 4(b) or as outlined in 4(d) above accept a public disclosure request, the department shall immediately (no more than one business day) forward the request to the Public Records Officer in the City Clerk s Office. INITIAL RESPONSE TO REQUEST The Public Records Officer will initially respond to the request, with departmental staff responsible for fulfilling the request. The Public Records Officer will facilitate and coordinate requests made to several departments. Within five (5) business days of receipt of a request, the Public Records Officer will respond to the requester by (1) verifying that the records have been provided by the department, or (2) acknowledging receipt of the request, indicating to which department(s) the request has been routed, and providing a reasonable estimate of the time the City will require to fulfill the request, or (3) by denying the request. In addition the Public Records Officer may notify any third parties affected by the request (see below). 3

5 The Public Records Officer will forward a copy of the request to the department coordinator(s) that has custody of the documents, with instructions for distribution of the documents. Generally, when requests are to a single department only, the department shall respond directly to the requester. In cases where a coordinated response is necessary, documents responsive to requests should be forwarded to the Public Records Officer for distribution to the requester. When the request is for a large number of records, the Public Records Officer may provide access for inspection and/or copying in installments, if the officer reasonably determines that it would be practical to provide the records in this manner. Depending upon the nature of the request, departments may further respond by one of the following: a ) Producing the record, or the disclosable portions of the record, after the payment of applicable fees; b ) Sending a second response letter acknowledging the department s receipt of the request, accompanied by an estimate of additional time necessary for response; c ) Requesting clarification of the requesters intent; d ) Notifying any third parties affected by the request (see below); e ) Denying the request, accompanied by an explanation of the basis for denial (when denying a request, the department must contact the Legal Department for assistance); f ) Requesting a deposit (not to exceed 10 percent of the estimated cost). In the event that the requested records contain information that may affect the 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 requester and ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the disclosure. Departments are responsible for providing a response for the documents requested in accordance with a - f (above). The Public Records Officer shall be copied on all responses. If inspection only of the records has been requested, the Public Records Officer will assist the department in coordinating a time and place for such inspection. Communication with the requester is the key to a smooth process for both requesters and the City. Clear requests for a small number of records usually do not require pre-delivery communication with the requester. However, when the City receives a large or unclear request, the City should communicate with the requester to clarify the request and the process. Also, should the department find it necessary to extend the timeframe to search for and compile the documents requested, the requester must be notified that further time is necessary. Again, communication with the requester is essential. 4

6 FINAL RESPONSE TO REQUEST A PDR is not continuing in nature. In the event additional records are created after the date of the requester s original PDR, the requester will need to submit a new Public Disclosure Request. Any record or portion of a record disclosed by the City will be provided to the requester in the same format as they are retained, provided that any disclosable record contained on a computer or other electronic or mechanical device shall be provided in a format at the discretion of the City. Once the appropriate records have been gathered, viewed, and redacted (as necessary), and are ready for release, the departments responsible for responding, or the Public Records Officer in the event of a multi-department request, shall first contact the requester, informing them of the cost of the documents and making arrangements for payment and delivery of the documents. Once the payment has been received by the City, the department responsible shall send a final written response to the requestor with the following information: 1. The department that is sending the documents. 2. A listing of the documents being provided. If any documents have been withheld or redacted, the proper legal authority for doing so must be cited. Please contact the Legal Department prior to withholding or redacting information so that appropriate justification can be listed. 3. The number of pages provided, at a cost of $.15 per page, and, if applicable, the cost of postage. Departments must copy the Public Records Officer on all correspondence sent to the requester. INSPECTION OF RECORDS In the event a requester chooses to inspect records, the department responsible, or in the case of a multi-department request, the Public Records Officer, shall notify the requester once the records are available for inspection. Records will be made available for inspection during customary office hours at a date and time mutually agreed upon between the requester and the Public Records Officer, or his/her designee. Any appointment to inspect records shall be limited to no more than a two (2) hour period on any given day, unless otherwise mutually agreed upon between the requester and the City, and may be broken into intervals so as to not interfere with the daily operations of the City. Records that have been pulled for inspection shall be made available to the requester for a period of no more than thirty (30) days. In the event the requester fails to contact the Public Records Officer, or his/her designee, within thirty (30) days of being notified that the 5

7 records are available for inspection, the records shall be returned to the originating department and the requester will need to submit a new request for the records and the process will begin anew. During the inspection of the records, no member of the public may remove, disassemble, or alter a document. The requester shall indicate which documents he or she wishes to have copied and the appropriate fee will be collected. APPEAL PROCESS 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 or refer to the written statement by the Public Records Officer denying the request. Upon receipt of a petition, the Public Records Officer will promptly provide the petition and other relevant information to the City Clerk. The City Clerk shall immediately consider the petition and either affirm or reverse such denial within two business days of receipt, and shall inform the petitioner of such decision. RECORDS SUBJECT TO DISCLOSURE The City need only disclose records to the extent required or permitted by state or federal law and nothing in this policy shall be interpreted as requiring the disclosure of any record that is not subject to disclosure by state or federal law. Generally, any record, or portion thereof, which is exempt from disclosure will not be disclosed, and information contained in the records may be removed to the extent necessary or permissible by law. The City will not create records or documents in response to a Public Disclosure Request that do not exist at the time the request is made. Certain records are exempt from public disclosure pursuant to RCW 42.56, other statues, and case law. The Public Records Officer will determine, in conjunction with the Legal Department, whether the records requested are subject to disclosure. DUPLICATION FEES Prior to providing a copy of any public record, duplication fees shall be collected. There is no fee for inspecting public records. A fee of $.15 per page, per side, is to be charged for providing letter size copies of documents, or as otherwise provided by the City s fee schedule, in addition to the actual cost of postage if the documents are to be mailed. In providing a response to a records request, the City will provide all audio tapes, videotapes, computer diskettes or other media requested to the extent that is reasonably possible, as provided by the City s fee schedule. No requester provided media will be used. 6

8 DEPOSIT FOR DUPLICATION The Public Records Officer may require the requester to deposit a sum equal to 10 percent of the estimated cost prior to duplication of the records. In the event that a deposit is required, the City will notify the requester of the necessity of the deposit. If the actual duplication costs are less than the amount deposited by the requester, the City will return the sum in excess of the actual amount to the requester. PAYMENT OF REQUIRED FEES When copies are requested, payment of duplication and postage fees, if applicable, shall be collected prior to the disclosure of public records. When required, the payment of a deposit shall be made prior to the duplication of any record. All payments shall be made by cash, money order, or check, payable to the City Treasurer. QUESTIONS All questions regarding the State Public Records Act or this policy should be referred to the Public Records Officer and/or Legal Department for final determination. 7