Ordinance 30110006.110.079
PAO /mis /are
01/12/95
R: 2/22/95
ORDINANCE NO. 3011
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADDING CHAPTER 1.20 TO THE EDMONDS
CITY CODE TO ESTABLISH PROCEDURES FOR PUBLIC
DISCLOSURE REQUESTS OF PUBLIC RECORDS AND
SETTING CHARGES FOR COPIES OF PUBLIC RECORDS
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, RCW Chapter 42.17 requires cities to allow the public to inspect and
copy public records; and
WHEREAS, cities are permitted to charge reasonable fees for such copies; and
WHEREAS, the City Council wishes to set copy charges by resolution; and
WHEREAS, the City currently has no set charges for certification of records or
transcription of meeting tapes and the Council wishes to adopt a schedule of charges for said
services by resolution, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Chapter 1.20 is added to the Edmonds City Code entitled Copies,
Certifications and Transcriptions of City Records, as follows:
91969.1
1.20 COPIES, CERTIFICATIONS AND TRANSCRIPTIONS
OF CITY RECORDS
1.20.010 Form for Request. All persons except for City
elected officials and City appointed officers or employees desiring
to inspect or receive a copy of any public record of the City must
Be
make their request to the City Clerk or a designee of the City
Clerk on forms specified by the City Clerk. The City Clerk may
waive this requirement for governmental agencies requesting
courtesy copies of city records for purposes that are nonadversarial
to the City.
1.20.020 Response or Denial of Request. Responses to
requests for public records shall be made promptly and pursuant
to guidelines established in RCW 42.17. Within five (5) business
days of receiving a written public record request, the City must
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. Deny the public record request. Denials must be
accompanied by a written statement of specific reasons
therefore.
Additional time required to respond to a request may be based on
the need to clarify the intent of the request, to locate and assemble
the information request, 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. The City may ask the requestor to clarify
what information the requestor is seeking. If the requestor fails to
clarify the request, the City need not respond to it.
1.20.030 Certain Personnel and Other Records Exempt. The
City adopts by reference RCW 42.17.310 as now or hereafter
amended which provides a list of all records exempt from public
disclosure.
1.20.040 Copying _Fees. No fee shall be charged for the
inspection of public records. Any person who requests a copy of
any public record from the City Clerk shall pay to the City Clerk
or a designee of the City Clerk a photocopying charge. Payment
for the cost of reproduction of all public records shall be made at
the time the request for public records is submitted. If there is
uncertainty as to the amount required, the amount tendered shall
based upon the rates and charges adopted by the City Council
91969.1 -2-
pursuant to this chapter. If the actual amount of the cost of
reproduction exceeds the amount tendered, the balance shall be
paid upon delivery of the requested copy or copies. In the event
the amount tendered exceeds the actual costs, the balance shall be
refunded by the City within a reasonable amount of time. Except
as specifically provided herein, there shall be no refunds. ' The
charges for photocopying shall be established by the City Clerk
and approved by resolution of the City Council. Nothing herein
shall be construed to apply to charges for accident reports pursuant
to RCW 46.52.085.
Copying fees shall not be charged to elected officials, appointed
officers or employees of the City or for reasonable amounts of
courtesy copies for other governmental agencies for purposes that
are nonadversarial to the City.
1.20.050 Transcriptions. The following procedures shall apply
unless inconsistent with an order of the Snohomish County
Superior Court:
A. When the City is required to prepare a verbatim written
transcript of any proceeding of the City in response to a
writ of review or other action filed in the Superior Court
or any other state or federal court, the cost of preparing the
same shall be born by the party filing the action pursuant
to rates and charges as proposed by the City Clerk and
approved by the City Council. The party filing such action
shall pay to the City Clerk the estimated costs, as
determined by the City Clerk, of the preparation of the
transcript based on the aforementioned rates and charges,
including copying costs and the City Clerk shall thereafter
have the transcript prepared.
B. Should the actual cost incurred by the City in the
preparation of the transcript exceed the amount deposited
with the City Clerk, the party making such deposit shall be
required to reimburse the City for such additional amount
within ten (10) days of notification that such amount is due
or prior to the time the transcript is required to be filed
with the court, whichever occurs first. Should the actual
cost incurred by the City be less than the estimated cost
deposited, such credit due shall be reimbursed by the City
to the party making the deposit.
91%9.1 -3-
1.20.060 Certification Fees. The City Clerk shall establish
fees for the certification of public records and such fees shall be
approved by resolution by the City Council. The City Clerk shall
determine the manner in which, as consistent with applicable law,
records and groups of records are to be certified.
1.20.070 Modifications to Fees and Charges. All fees and
charges identified in this Chapter may be modified by the City
Clerk as approved by resolution of the City Council from time to
time as deemed necessary by the City Clerk to reflect increases in
the costs of providing the services identified in this Chapter. All
fees and charges established pursuant to this Chapter shall reflect
the actual costs of the services provided.
Section 2. Severbility. If any section, 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 of this ordinance.
Section 3. Effective Date. This Ordinance, being an exercise of a power
specifically delegated to the City legislative body is not subject to referendum, and shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
APPROVED:
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6.
ATTEST /AUTHENTICATED:
91969.1 -4-
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY �, )
FILED WITH THE CITY C1
PASSED BY THE CITY CO
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3011
F• 2/22/95
aIL: 2/28/95
3/5/95
3/10/95
91969.1 'S'
SUMMARY OF ORDINANCE NO. 3011
of the City of Edmonds, Washington
On the28th day of February, 1995 , the City Council of the City of Edmonds,
passed Ordinance No. 3011 A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADDING CHAPTER
1.20 TO THE EDMONDS CITY CODE TO ESTABLISH PROCEDURES FOR PUBLIC
DISCLOSURE REQUESTS OF PUBLIC RECORDS AND SETTING CHARGES FOR COPIES
OF PUBLIC RECORDS AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 28th day of _ February , 199 5
C Y CLERK, ONDA J. MARCH
STATE OF WASHINGTON,
COUNTY OF SNOHOlVj'.ISH,
SUMMARY OF
ORDINANCE NO. 3011
of the City of
Edmonds, Washington
On the 28th day of February,
-1995, the City Council of the
City of - Edmonds„ passed
Ordinance No. 3011. A sum-
mary of the content of said
nrdina nee. c6nsistino of the
y The full tezl of this
Ordinance will be of upon
request.
DATED this 28th day of
Feb ruaryy 1995.
RHONDA J. MARCH
City Clerk .
Published: March 5, 1995.
8 -2 -1
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Affidavit of Publication
MAR 1 0 113005
EDIVIONDS3 CITY CLERK,
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
._._.Summary, of...Or.dinance No. 3011
........................................................... ...............................
City of.Edmonds
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a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
M.a.r.. .,.h...54- 1995 .................. .. ................ I ..................... ....................................
....................................................................................................... ...............................
and that new paper was regularly distributed to 'ts ubscribers
dur' of sai pe iod.
1 5
:................................. ...................... ......... .---- ......
Principal Clerk
Subscribed and sworn to before me this....... 6th..
dayf ................ March.................... ..................1 19..95..
......................� ... J .....
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Notary Public in and for the ate of Washington,
residing at Everett, Snohom' Co ty.
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