RESOLUTION NO. 601-96 A RESOLUTION OF THE CITY OF SEDRO-WOOLLEY TO ESTABLISH POLICY TO ENSURE COMPLIANCE WITH AND SETTING THE POLICY FOR IMPLEMENTING THE LAWS OF THE STATE OF WASHINGTON WITH REGARD TO PUBLIC RECORDS AND DISCLOSURE THEREOF. WHEREAS, pursuant to RCW 42.17.260 the City of Sedro-Woolley is required to make available for inspection and copying, Public Documents as defined in RCW 42.17.260; and WHEREAS, the following policy will govern the compliance of the City in respect to the provisions of RCW 42.17.260; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sedro-Woolley hereby establishes the following described public records policy: Section 1. DESCRIPTION AND ORGANIZATION OF CITY OF SEDRO- WOOLLEY 1. The City of Sedro-Woolley is a municipal corporation organized and created pursuant to RCW Title 35 of the State of Washington. 2. The City Council is composed of seven elected council persons. The City Council meets twice each month. Verification of the time and place of the meetings can be learned by writing or calling the administration office at the City Hall. The elected executive is the Mayor, who chairs the City Council meetings. 3. The City Supervisor is appointed by the Mayor, subject to City Council approval. The City Supervisor is responsible for carrying out the Mayor s directives and for directing the City staff. Section 2. PUBLIC RECORDS AVAILABLE All public records of the City are deemed to be available for public inspection and copying pursuant to this policy except as otherwise provided by RCW 42.17.260 (5), 42.17.310, or other statute which exempts or prohibits disclosure of specific information or records; provided, that this resolution shall not apply to criminal history record information as defined by RCW 10.97.030(1). Section 3. PUBLIC RECORDS OFFICER The City s public records shall be in the charge of the public records officer, who shall be the City Supervisor or his designee. The individual shall be responsible for the following: the implementation of the City s rules and regulations regarding the release of public records, coordinating with other City staff in this regard, and generally insuring compliance by staff with the public records disclosure requirements of RCW 42.17. 1 (Page) - Resolution of the City of Sedro-Woolley.doc
Section 4. OFFICE HOURS Public records shall be available for inspection and copying during the customary office hours of the City. For the purposes of this policy, the customary hours shall be from 8:00 AM to 4:30 PM, Monday through Friday, excluding legal holidays. Section 5. REQUEST FOR PUBLIC RECORDS In accordance with requirements of RCW 42.17, that agencies prevent unreasonable invasions of privacy, protect public records from damage or disorganization, and prevent excessive interference with essential functions of the agency, public records may be inspected or copies, or copies of such records may be obtained, by members of the public, upon compliance with the following procedures: 1. A request shall be made in writing upon a form(s) prescribed by the City which shall be available at City Hall. The form(s) shall be presented to the designated public records officer. If the public records officer is not available during customary office hours, the form shall be presented to any member of the City Supervisor s staff. The request shall include the following information: a) The name of the person requesting the record; b) The time of day and calendar date on which the request was made; c) The nature of the request; d) A description of the record requested; and e) A separate, additional form shall be completed if a list of individuals maintained by the city is requested, to verify the requested list will not be used for commercial purposes. 2. In all cases in which a member of the public is making a request, it shall be the obligation of the public records officer or staff member to whom the request is made, to assist the member of the public in appropriately identifying the public records requested. 3. Responses to requests for public records shall be made promptly. Within five business days of receiving a public record request, the City should respond by either (1) Providing the record; (2) acknowledging that the City has received the request and providing a reasonable estimate of the time the City will require to respond to the request; or (3) denying the public record request. Additional time required 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 and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the City may ask the requestor to 2 (Page) - Resolution of the City of Sedro-Woolley.doc
clarify what information the requester is seeking. If the requestor fails to clarify the request, the City need not respond to it. Denials of requests must be accompanied by a written statement of the specific reasons therefore. The mechanism for the most prompt possible review of decisions denying inspection requires the City Supervisor or the City Supervisor s designated subordinate to review a decision denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action for the purposes of judicial review. Section 6. COPYING No fee shall be charged for the inspection of public records. The City shall charge a fee for providing copies of public records and for the used of the City s copy equipment. The charge shall be the amount necessary to reimburse the City for its actual costs incident to such copying, which is determined to be fifteen cents ($.15) per page. The copy machine will be operated by staff persons only, as public use of the copy machine would unreasonable disrupt the operations of the City. Section 7. EXEMPTIONS 1. Pursuant to RCW 42,17.310 (2), the City reserves the right to delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by RCW 42.17.310. The public records officer will justify such deletion in writing. 2. All denials of requests for public records must be accompanied by a written statement specifying the reason for denial, including a statement of the specific exemption authorizing this withholding of the record and a brief explanation of how the exemption applies to the record withheld. 3. The City reserves the right to determine that a public record requested in accordance with the procedures outlined in this policy is exempt form disclosure under provisions of RCW 42.17.310. 4. The City will not give, sell or provide access to: a) Lists of persons and addresses requested for commercial purposes, if such information is exempt from disclosure by RCW 42.17.260 (7). b) Personal information in files maintained for its employees, appointees, or elected officials to the extent that disclosure would violate their right to privacy. RCW 42.17.310 (1) (b). c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer s 3 (Page) - Resolution of the City of Sedro-Woolley.doc
right to privacy or result in unfair competitive disadvantage to the taxpayer. RCW 42.17.310 (1) (f). e) The contents of real estate appraisals, except as provided by RCW 8.26, made for and by the City relative to the acquisition of or sale of property until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the date of the appraisal RCW 42.17.310 (1) (g). f) Valuable formulae, designs, drawings, and research data obtained by the City within five years of the request for disclosure when disclosure would produce private gain and public loss. RCW 42.17.310 (1) (h). g) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall no be exempt when publicly cited by the City in connection with any City action. RCW 42.17.310 (1) (i). h) Records which are relevant to a controversy to which the City is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts. RCW 42.17.310 (1) (j). i) Financial and commercial information and records supplied by private person s pertaining to export services provided pursuant to RCW 53.31. RCW 42.17.310 (1) (o). j) Financial and commercial information records supplied by businesses or individuals during application for loans or program services provide by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency. k) Applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant. RCW 42.17.310 (1) (t). l) The residential addresses and residential telephone numbers of employees or volunteers of the City. RCW 42.17.310 (1) (u). m) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking co-certification under chapter 31.24.RCW. Section 8. PROTECTION OF PUBLIC RECORDS 4 (Page) - Resolution of the City of Sedro-Woolley.doc
No records shall be removed from the City office except by written permission of the public records officer to whom the request was made under such conditions as are required to protect the records from damage or disorganization. Not record may be marked, folded or damaged in any way, nor may any record be removed from any file to which it is attached, nor may the records filing order be damaged in any way. Inspection of records will be supervised by a member of the staff of the City. Section 9. INDEX OF PUBLIC RECORDS AVAILABLE 1. The City has available to all persons: a) Index of all resolutions and ordinances passed by the City Council; and b) Index of Minutes of the Public Meetings of the City Council. 2. The City Council has determined that it would be unduly burdened to maintain an itemized index of all City records, except as set forth herein, due to fiscal and personnel limitations. Section 10. ADDRESS WHERE REQUESTS ARE TO BE DIRECTED All communications with the city are to be addressed to: City of Sedro-Woolley City Hall 720 Murdock Street Sedro-Woolley, WA 98284 Section 11. ADOPTION OF FORMS AND FEES The City Council hereby adopts the attached forms, Exhibits A and B, for records, requests, and hereby adopts a schedule of fees, pursuant to attached Exhibit C. PASSED AND APPROVED this 23 day of September, 1996. Attest: Eric K. Stendal City Clerk Approved as to form: Patrick M. Hayden City Attorney Donald T. Walley Mayor 5 (Page) - Resolution of the City of Sedro-Woolley.doc
REQUEST TO INSPECT OF FOR COPY(IES) OF PUBLIC RECORDS 1. DEPARTMENT 2. REQUEST RECEIVED BY 3. TIME AND DATE SECTION I: COMPLETED BY REQUESTER 4. NAME OF REQUESTER 5. ADDRESS 6. TELEPHONE 7. RECORD(S) TO BE INSPECTED 8. ACTION REQUESTED [ ] a. Inspection [ ] b. Copying (# of copies ) 9. SIGNATURE OF REQUESTER 10. IDENTITY VERIFIED BY (or method of receipt) (signature & title) 11. CITY RESPONSE SECTION II. AGENCY RESPONSE [ ] a. The record you requested is attached or available for inspection at, copies will be made for $ per. [ ] b. The record is available with certain information deleted. (see REMARKS) [ ] c. Your request to inspect or copy the record(s) has been denied for the reasons given in the REMARKS block. Denial has been reviewed by the City Supervisor. 12. REMARKS City Supervisor date 13. SIGNATURE OF 14. DATE OF 15. REQUESTER NOTIFIED NOTIFYING EMPLOYEE NOTIFICATION [ ] a. In Person (EXHIBIT A, PART I) 6 (Page) - Resolution of the City of Sedro-Woolley.doc
PREPARATION OF THE REQUEST TO INSPECT OF FOR COPY(IES) OF PUBLIC RECORDS The form entitled REQUEST TO INSPECT OF FOR COPY(IES) OF PUBLIC RECORDS, may be used by persons or organizations outside the City to request access to records held by the City. The form will be filled out in triplicate and distributed as follows: TOP COPY Returned to Requester upon completion of processing. 2 nd COPY - Retained by Public Records Officer upon completion of processing. 3 rd COPY - Given to Requestor upon completion of Section I. The form will be completed as follows (numbers indicate block numbers): 1. DEPARTMENT: Check box if the applicable Department. 2. PERSON RECEIVING THE REQUEST: Enter the name of the public records officer or employee who receives the request. 3. TIME AND DATE: Enter the time and date the request is received. SECTION I: TO BE COMPLETED BY REQUESTER: 4. NAME OF THE REQUESTER: Enter the name of the person making the request. 5. ADDRESS: Enter the mailing address of the person making the request. 6. TELEPHONE: Enter the telephone number of the person making the request; NOTE: If the person making the request does not wish to give his or her address or telephone number, he or she is responsible for returning to City to receive notification of the City s response to the request. 7. RECORD(S) TO BE INSPECTED: Describe the record(s) requested. 8. ACTION REQUESTED: Check the appropriate box to indicate what action is requested. If Box b is checked, enter the number of copies desired. 9. SIGNATURE OF REQUESTER: The person making the request should sign here. If the request is made by mail or phone, the public records officer or employee taking the request should enter MAIL REQUEST or PHONE REQUEST in this block. 10. IDENTITY VERIFIED BY: Enter the signature and title of the employee who verifies the requester s identity. A valid Washington State Driver s License or two pieces of identification containing a photograph and signature will be considered sufficient ID. NOTE: The city may require additional identification procedures, when necessary. 7 (Page) - Resolution of the City of Sedro-Woolley.doc
SECTION II: TO BE COMPLETED BY THE CITY 11. CITY RESPONSE: Check the appropriate box, amplify in the Remarks block if necessary. NOTE: The City Supervisor should sign the form if Boxes b or c have been checked. 12. REMARKS: Use to amplify or explain any of the above blocks. 13. SIGNATURE OF NOTIFYING EMPLOYEE: Enter signature of the public records officer or employee who carries out the notification procedure. 14. DATE OF NOTIFICATION: Enter the date on which the requester was notified of the City s response. 15. REQUESTOR NOTIFIED: Check the box which indicates how the requester was notified of the City s response to the request. (EXHIBIT A, PART 2) 8 (Page) - Resolution of the City of Sedro-Woolley.doc
SPECIAL REQUEST FOR ACCESS TO OR FOR COPY(IES) OF PUBLIC RECORDS LISTS OF INDIVIDUALS [ ] The undersigned requests access to list(s) of individuals maintained by the CITY OF SEDRO-WOOLLEY who: [ ] The undersigned requests a copy of list(s) of individuals maintained by the CITY OF SEDRO-WOOLLEY who: The undersigned understands that according to RCW 42.17.260 (7), The CITY of SEDRO- WOOLLEY is not authorized to furnish that which is herein above requested if the undersigned is engaged in a commercial (profit-expecting) activity, intends to contact or in some way personally affect the listed individuals, and the purpose of the contact is to facilitate the commercial activity. Upon the CITY OF SEDRO-WOOLLEY furnishing that which is herein above requested, the undersigned covenants and agrees not to use or permit to be used the information contained in the inspection and/or furnished public records for commercial purposes. The undersigned understands that using or permitting another to use the information secured, by inspection or receipt of a copy of list(s) of individuals maintained by the CITY OF SEDRO-WOOLLEY, for the purpose of contacting any of said individuals to facilitate the user s commercial (profitexpecting) activity constitutes use of the information secured for a commercial purpose. I certify under penalty of perjury under the laws of the State of Washington that the foregoing set forth in bold print is true and correct. (Date and Place) (Signature) (Print Name) (Address) ------------------------------------------------------------------------------------------------------------------ Request received by: CITY OF SEDRO-WOOLLEY (Name) (Time and Date) (EXHIBIT B ) 9 (Page) - Resolution of the City of Sedro-Woolley.doc
SCHEDULE OF FEES Fifteen cents ($.15) per page for photocopies of public records and the actual postage or delivery charge and the cost of any container used to mail the public records to the requestor. (EXHIBIT C ) 10 (Page) - Resolution of the City of Sedro-Woolley.doc