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Home My WebLink About3180 Related to Public Records; and Amending Chapter 2.76 of the Port Townsend Municipal CodeOrdinance 3180 Ordinance 3180 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, RELATED TO PUBLIC RECORDS; AND AMENDING CHAPTER 2.76 OF THE PORT TOWNSEND MUNICIPAL CODE WHEREAS, Chapter 42.56 of the Revised Code of Washington contains provisions for complying with Washington's Public Records Act; and, WHEREAS, Chapter 2.76 of the Port Townsend Municipal Code was originally adopted under Ordinance 2162 in 1989, and updated by Ordinances 2757, 2790, 3051, and 3169; and, WHEREAS, the Washington State Legislature enacted Engrossed Substitute House Bills 1594 and 1595 during the 2016 and 2017 legislative session, which Bills contain new provisions that affect how the City processes public records requests; and, WHEREAS, upon review of this new legislation, staff recommends changes to Chapter 2.76 and recommends changes to the City's fee schedule (to be adopted by separate Resolution; NOW, THEREFORE, the City Council of the City of Port Townsend do ordain as follows Section i 1' hien nient. Chapter 2.76 "Public Records Disclosure" of the Port Townsend Municipal Code is repealed and reenacted as shown in Exhibit A. Section 2. 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 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 4. 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 at a regular meeting thereof, held this 5th day of September, 2017. , r tu Deborah S. Sti son Mayor Attest: Joanna Sanders, CMC City Clerk Approved as to form: Steven L fir s City Attorney Ordinance 3180 Exhibit A Page 1 of 2 EXHIBIT A Chapter 2.76 PUBLIC RECORDS DISCLOSURE* Sections: 2.76.010 Records available for public inspection — Exemptions. 2.76.020 Adoption of rules and regulations consistent with state law, 2.76.030 Fees. 2.76.031 Fees added for records retention. 2.76.050 Public records index. * Code reviser's note: Ordinance 3169 repealed and reenacted this chapter. Prior to its repeal and reenactment, the chapter was based on the provisions of Ords. 2162, 2757, 2790 and 3 05 1. 2.76.010 Records available for public inspection — Exemptions. =A n i l f h d~: z l t 11 public records a -�e1�- -ned 4 n--R--G .��1 s ow- r--hff-eafl ' r*erde A, shall be available for public inspection and copying h aarer a l i rdar 'thAe-p a, 4 .- .4 40 t 1 4 5�d i� 1 p� ider -however=- tl ai: alb a= , pai4 ; l oxe. liwolo urea& -s"" i , l��otliw-r,eeord� a7[ ',' e�er� tion—fH the - statulle Whx mor- 11 t r-reqsr _ d 0- -r -l. -and subject to the exem tions contained in Chapter 42.56 of the Revised Code of Washin ton the "Public Records Act"), (Ord. 3169 § 14 (Exh. J), 2017). 2.76.020 Adoption of rules and regulations consistent with state law. The city clerk is hereby directed and authorized to adopt reasonable rules rlationand procedures to ensure compliance with this chapter and with 4-5 (14C t� 422.56. it el r ar�to�ak avai ble t l lie a da ow -or efeafte awe ro record exee t h ;e i gall ea rpted f` the Public Records Act, and to protect said records from damage, disappearance., or disorganization. (Ord. 3169 § 14 (Exh. J), 2017). 2.76.030 Fees. k i a� c ' t " y- aan"r�:afost lalie-' •.�... ,. et�or�slt+��witl M° e�lo � �-a�depaarte ea -p-idfries-ol�oit fee oratm#eralflIfgoe--na, ene-irg ml%stl� ll ; depa e ad-dete ; eh-aet4' st-oche-eit "ouncil shall establish fee bar separate resolution. (Ord. 3169 § 14 (Exh. J), 2017). 2.76.031 Fees added for records retention. There shall be added to each of the following fees, licenses, and applications a fee of five pereo.,* o ,,.. � la l e t.Aw e l�� l�� (rounded to thou " a KAMO Ivor; --o , +all.....:the- e--loss4t M °� ' rMas i for by separate resoltitio" t, to be earmarked for administrative functions related to records retention and management: Ordinance 3180 Exhibit A Page 2 of 2 A. All fees for DSD and public works department applications set forth by council resolution providing for fees for applications; B. All business license fees (one time only on initial application or first renewal after the initiation of the fee); C. All fees for special event permits. (Ord. 3169 § 14 (Exh. J), 2017). 2.76.050 Public records index. Pursuant to RCW 42.56.070(4)(a), the Ceity 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 the city must be made available to provide identifying information on those records which are available for inspection and/or copying. D. The city of Port Townsend is comprised of niml . le 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 Chapter 42.56 RCW. (Ord. 3169 § 14 (Exh. J), 2017).