HomeMy WebLinkAbout2757 Public Records Disclosure - Exemptions, Fees, IndexORDINANCE NO. 2757
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
CERTAIN SECTIONS OF CHAPTER 2,76 OF THE PORT TOWNSEND
MUNICIPAL CODE, PUBLIC RECORDS DISCLOSURE
WHEREAS, the City Council desires to update the procedures for maintenance
and disclosure of public records; and
WHEREAS, the City Council desires to remove outmoded sections of Chapter
2.76 of the Port Townsend Municipal Code related to fees and charges; and
WHEREAS, the City Council finds that maintaining an all-inclusive index of
public records is unduly burdensome and should not be required pursuant to RCW
42.17.260(4)(a),
NOW, THEREFORE, the City Council of the City of Port Townsend does
ordain as follows:
SECTION 1. Chapter 2.76, Public Records Disclosure, of the Port Townsend
Municipal Code, is hereby amended to read as follows:
Sections:
2.76.010
2.76.020
2.76.030
2.76.040
2.76.050
Chapter 2.76
PUBLIC RECORDS DISCLOSURE
Records available for public inspection - Exemptions.
Adoption of rules and regulations consistent with state law.
Fees.
A....~.,~^. ~ ........., r ..... r,~; ...... ~o Repealed
Public Records Index
2.76.010 Records available for public inspection - Exemptions.
The City Council of the City does hereby declare that all public records as defined
in RCW 42.17.020, as now or hereafter amended, in the custody of the City shall be
available for public inspection and copying in the form and manner and in accordance
with the provisions of RCW 42.17.250 through 42. ! 7.340, inclusive, provided, however,
that all records and parts thereof shall be exempt from disclosure as set forth in RCW
41.17.250 through 42.17.340, 17.340, inclusive, and in addition any other records falling
within the specific exemption or exemptions of any other statute which exempts or
prohibits disclosure of specific information or records. (Ord. 2162 § 1, 1989).
2.76.020 Adoption of rules and regulations consistent with state law.
The City Clerk is hereby directed to adopt reasonable rules, regulations and
procedures to ensure compliance with this chapter and with RCW 42.17.250 through
42.17.340, inclusive, and to make available to the public in accordance with said laws as
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now or hereafter amended all public records except those specifically exempted from
disclosure, and to protect said records from damage, disappearance or disorganization.
(Ord. 2162 § 2, 1989).
2.76.030 Fees.
~ ....... ........... +. ~ ~ n~ per .... ~ ..... , no charge for !ess th~ 30 minutes;
The City Clerk is authorized to establish fees for services and recovery of costs
for public records requests consistent with state law; provided, a department head may
provide copies of city records at no charge to individuals or govermnent agencies doing
business with the City, if the department head determines such action is in the best
interest of the City.
2.76.040 Application for request for public records. Repealed.
2.76.050 Public records index.
Pursuant to RCW 42.17.260(4)(a), the City of Port Townsend is not required to
maintain an all-inclusive index of public records based on the following findings:
A. The Revised Code of Washington (RCW) requires all cities and public agencies to
maintain and make available a current index of all public records.
B. The RCW also states 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.
C. When such an order is made, all indexes maintained by that city must be made
available to provide identifying information on those records which are available for
inspection and/or copying.
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D. The City of Port Townsend is comprised of nine departments, their divisions and
subdivisions, which maintain separate databases and/or record-keeping systems for the
indexing of records and information.
E. Because the City has records which are diverse, complex and stored in multiple
locations and in multiple computer systems and databases, it is unduly burdensome, if not
physically impossible, to maintain a central index of records.
F. The City will fully comply with the provisions of the RCW as they relate to the
Public Disclosure Act, under RCW Chapter 42.17.
SECTION 7. Severability. If any provision of this ordinance or its application
to any person or circumstance is held invalid, the remainder of the ordinance, or the
application of the provision to other persons or circumstances is not affected.
SECTION 8. Effective Date. This ordinance shall take effect and be in force
five days after the date of its publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a
regular meeting thereof, held this 20th day of February, 2001.
Masci,
Attest:
Approved as to Form: '
Pamela Kolacy,
City Clerk
John P. Watts, City Attorney
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