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HomeMy WebLinkAbout3293 Regarding Administrtion and Personnel and Amending Chapters 2.06 Office of the CIty Clerk and 2.76 Public Records Disclosure of the Port Townsend Municipal CodOrdinance 3293 Page 1 of 2 ORDINANCE NO. 3293 AN ORDINANCE OF THE CITY OF PORT TOWNSEND, WASHINGTON, REGARDING ADMINISTRATION AND PERSONNEL AND AMENDING CHAPTERS 2.06 OFFICE OF THE CITY CLERK AND 2.76 PUBLIC RECORDS DISCLOSURE OF THE PORT TOWNSEND MUNICIPAL CODE RECITALS: The City Council of Port Townsend finds as follows: With recent staff changes, the City has an opportunity to re-evaluate the City Clerk's duties and responsibilities. Currently, the City Clerk and Deputy City Clerk split the responsibilities of meeting management, City Council support, public record requests, and records management. 2. Public record requests are increasing in scope and number while the City records management needs are increasing due to the use of email and other electronic forms of communication. Under the current staffing model, the City does not have a employee dedicated to records requests and records management. This ordinance creates the Public Records Officer position that will be the City's designated Public Records Officer as required by the Washington State code. The City Clerk was previously designate the Public Records Officer. The new position will also be responsible for creating or updating the City's records management policies and working with staff to implement those policies. The end goal is to digitize and publish many records and to ensure that the City properly retains records according the state law. NOW, THEREFORE, the City Council of the City of Port Townsends hereby ordains as follows: Section 1. Amendment. Port Townsend Municipal Code Chapter 2.06 Office of the City Clerk is amended as set forth in Exhibit A. Section 2. Amendment, Port Townsend Municipal Code Chapter 2.76 Public Records Disclosure is amended as set forth in Exhibit B. Section 3. Severability. If any sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase or work of this ordinance. Ordinance 3293 Page 2 of 2 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. Publication of this ordinance shall be by summary thereof consisting of the title. ADOPTED by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 5`h day of July 2022. Attest: City Clerk ` 11 t � ... Approved as to form: re 1� oolc_..�. City Attorney Exhibit A Chapter 2.06 OFFICE OF THE CITY CLERK Sections: 2.06.010 Office created. 2.06.020 Clerk — Appointment 2.06.030 Clerk — Duties. 2.06.010 Office created. The office of city clerk is established and created. 2.06.020 Clerk —Appointment. The city clerk shall be appointed by the city manager, to serve at the pleasure of the city manager. In the absence or vacancy of the city clerk position, the city manager may appoint an acting city clerk to perform all duties of the city clerk as provided in this chapter. The city clerk shall have a minimum of three years' experience in duties related to the position, and a bachelor's degree in business administration, public administration, or any equivalent combination of education and experience which equips the person with the knowledge and skills required to perform the job. The compensation to be paid to the city clerk shall be fixed by the council in the yearly budget. 2.06.030 Clerk — Duties. The duties of the city clerk shall be as set out in RCW Title 35, and as specifically set out in RCW 35.23.121, as now or later amended, and any other duties as required by statute or city ordinance. The powers, duties and responsibilities of the city clerk shall be subject to the direction and supervision of the city manager. , MI—IMI-111 LUMAI .. Exhibit B 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. 2.76.040 Public Records Officer 2.76.050 Public records index. 2.76.010 Records available for public inspection — Exemptions. All public records shall be available for public inspection and copying as provided for, and subject to, the exemptions contained in Chapter 42.56 RCW (the "Public Records Act"). 2.76.020 Adoption of rules and regulations consistent with state law. The city clerk is hereby directed and authorized to adopt reasonable rules and procedures to ensure compliance with this chapter and with the Public Records Act, and to protect said records from damage, disappearance, or disorganization. 2.76.030 Fees. Council shall establish fees by separate resolution. 2.76.031 Fees added for records retention. There shall be added to each of the following fees, licenses, and applications a fee as provided for by separate resolution, to be earmarked for administrative functions related to records retention and management: 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. 2.76.040 Public Records Officer There is hereby created an office of the public records officer. The ci!Y public records officer shall serve as the city's designated public records officer as required by RCW 42.56.580 as hereafter amended. The public records officer will serve as the point of contact for members of the public requesting public records disclosure and will oversee the city's compliance with the public records disclosure requirements of Chapter 42.56 RCW (Public Records Act). The name and contact information of the public records officer will be publicly available on the city website and any other location as required by RCW 42.56.580. The powers, duties and responsibilities of the public records officer also include city-wide records management. 2.76.050 Public records index. Pursuant to RCW 42.56.070(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 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 multiple 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.