Ordinance 4245ORDINANCE NO. 4245
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 1.20 ECC, ENTITLED
"PUBLIC RECORDS REQUESTS," TO ALIGN WITH THE
REORGANIZATION OF THE ADMINISTRATIVE SERVICES
DEPARTMENT
WHEREAS, on May 18, 2021, the City Council approved the reorganization and job
description changes of the City Clerk's Office and Administrative Services Department; and
WHEREAS, the reorganization resulted in the creation of the job title "Public Records
Officer," which position is solely responsible for responding to public records requests; and
WHEREAS, because the city clerk is no longer the designated Public Records Officer, the
city council would like to amend Chapter 1.20 to reflect this change;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 1.20 of the Edmonds City Code, entitled "Public Records Requests,"
is hereby amended to read as set forth in Exhibit A, which is attached hereto and incorporated
herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown
in strike through).
Section 2. Effective Date. This ordinance, being an administrative function of the city
council, 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.
ATTEST/AUTHENTICATED:
APPROVED: ,
MAY R MIKE NELSON
1
C ERK, SCOTT- EY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA14
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
2
February 11, 2022
February 15, 2022
February 18, 2022
February 23, 2022
4245
SUMMARY OF ORDINANCE NO. 4245
of the City of Edmonds, Washington
On the 15th day of February, 2022, the City Council of the City of Edmonds, passed
Ordinance No. 4245. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 1.20 ECC, ENTITLED "PUBLIC RECORDS
REQUESTS," TO ALIGN WITH THE REORGANIZATION OF THE
ADMINISTRATIVE SERVICES DEPARTMENT
The full text of this Ordinance will be mailed upon request.
DATED this 15th day of February, 2022.
LERK,S _TSEY
3
EXHIBIT A
Chapter 1.20
PUBLIC RECORDS REQUESTS
Sections:
1.20.005 Authority and purpose.
1.20.010 OkHelerk a-Feeer4r, offieeF Form for request.
1.20.020 Processing of public records requests.
1.20.025 Providing records to requestor.
1.20.030 Exemptions.
1.20.040 Copying fees.
1.20.045 Index of public records — Findings and order.
1.20.050 Transcriptions.
1.20.060 Certification fees.
1.20.070 Modifications to fees and charges.
1.20.080 Repealed.
1.20.005 Authority and purpose.
A. RCW 42.56.070(1) requires each agency to make available for inspection and copying nonexempt
"public records" in accordance with published rules. The Act, RCW 42.56.010(3), defines "public record"
to include any "writing containing information relating to the conduct of government or the performance of
any governmental or proprietary function prepared, owned, used, or retained" by the agency regardless of
physical form or characteristics and specifically excludes records that are not otherwise required to be
retained by the agency. RCW 42.56.070(2) requires each agency to set forth "for informational purposes"
every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of public records
held by that agency.
B. The purpose of this chapter is to establish the procedures the city of Edmonds will follow in order to
provide full access to public records. These rules provide information to persons wishing to request access
to public records of the city of Edmonds and establish processes for both requestors and city of Edmonds
staff that are designed to best assist members of the public in obtaining such access.
C. The purpose of the Act is to provide the public full access to information concerning the conduct of
government, mindful of individuals' privacy rights and the desirability of the efficient administration of
government. The Act and these rules will be interpreted in favor of disclosure. In carrying out its
responsibilities under the Act, the city of Edmonds will be guided by the provisions of the Act describing
its purposes and interpretation.
D. The provisions of this chapter shall not apply to court case records and administrative records
maintained by the Edmonds municipal court in connection to judicial proceedings and records related to the
management, supervision, or administration of the court. Access to these records is governed by
Washington State Court Rules General Rule 31.1 and case law.
E. The provisions of this chapter shall not be construed to create any additional legal obligations upon the
city or an independent cause of action against the city. [Ord. 4095 § 1, 2018].
1.20.010 City ceekHS pe r-eeer-ds effieer Form for request.
A -B. All persons desiring to inspect or receive a copy of any public record of the city must make their
request to the eky lerkpubiic records officer, or designee, by submitting an online records request via the
public records request web portal on the city of Edmonds website.
BE. A requestor without access to the online portal may submit a request to the eity eleFkpwbric records
officer via mail or in person on the forms specified by the sky e!eFk records officer at City Hall. The
eity eleikrpublic records officer will then enter the request in the city's public records request portal for
purposes of tracking, processing and providing responses to such records requests. [Ord. 4095 § 1, 2018;
Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.020 Processing of public records requests.
A. Prompt Responses. Responses to requests for public records shall be made promptly and pursuant to
guidelines established in Chapter 42.56 RCW.
B. Acknowledging Receipt of Request. Within five business days of receiving a written public record
request, not including the date on which the eky-elei kn�bl is records officer receives the request, the city
must acknowledge the request in one of the ways provided in this subsection:
1. Provide the record;
2. Provide an internet address or link on the city's website to the specific records requested, except
that if the requester notifies the city that he or she cannot access the records through the internet, then
the city will provide access to copies. If copies are requested, provide the copies to the requestor after
payment for the copies has been made by the requestor, or, if copies are being released in installments,
after payment of a deposit is made pursuant to ECC 1.20.040(A);
3. Acknowledge that the city has received the request and provide a reasonable estimate of the time
the city will require to respond to the request. This estimate will take into consideration the large
number or volume of records requested, the complexity of the request, the time it will take to
coordinate departments to locate and assemble the requested records, third -party notice, review of
records for exemption and review of exemptions and records by legal staff;
4. If the request is unclear or does not sufficiently identify the requested records, the city will request
clarification from the requestor. Such clarification may be requested and provided by telephone. The
sity eleFkpublic records officer or designee may revise the estimate of when records will be available
based on the clarification from the requestor. If the requestor fails to respond to the request to clarify
and the entire request is unclear, the city of Edmonds need not respond to the request. Otherwise the
city will respond to the portions of the request that are clear;
5. Deny the public record request. Denials must be accompanied by a written statement of specific
reasons therefor.
C. Identifiable Record. A public records request must be for identifiable records. A request for all, or
substantially all, records prepared, owned, used or retained by the city is not a valid request for identifiable
records; provided, that a request for all records regarding a particular topic or containing a particular
keyword or name shall not be considered a request for all of the city's records.
D. Automated Requests. The city may deny an automated or "bot" request that is one of multiple requests
from the requestor within a 24-hour period. "Bot request" means a request for public records that the city
reasonably believes was automatically generated by a computer program or script.
E. Protecting Rights of Others. In the event that the requested records contain information that may affect
the rights of others and may be exempt from disclosure, the "public record officer may, prior to
providing the records, give notice to such others whose rights may be affected by the disclosure pursuant to
RCW 42.56.580. Such notice should be given so as to make it possible for those other persons to seek an
order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy
of the request and shall allow the affected person no more than 10 business days to prevent or limit the
disclosure of the record.
F. Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If the
city believes that a record is exempt from disclosure and should be withheld, the ei4y-elerkpublic records
officer will state the specific exemption and provide a brief explanation of why the record or a portion of
the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is
not exempt, the "public records officer will redact the exempt portions, provide the nonexempt
portions, and indicate to the requestor why portions of the record are being redacted.
G. Privilege Log. If the city determines that a record is exempt and should be withheld, in whole or in part,
the city will prepare and maintain a privilege log of those records. The privilege log will identify: the type
of record withheld; the date of record; the number of pages withheld; the author and/or recipient; the
exemption invoked; and a brief explanation of how the exemption applies to the withheld record. A copy of
the privilege log will be provided to the records requestor.
H. No Duty to Create Records. The city is not obligated to create a new record in order to satisfy a request
for records.
I. Request for Information. The city may deny a request for information as the request is not a request for a
public "record" as required under Chapter 42.56 RCW. [Ord. 4095 § 1, 2018; Ord. 3812 § 1, 2010; Ord.
3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.025 Providing records to requestor.
A. Receiving Records. The requestor may indicate to the 6• elerkipublic records officer whether he or she
wishes to inspect records, have the records copied, or have the records uploaded to the city's online records
request web portal.
B. Inspection of Records. If a requestor seeks an opportunity to inspect public records, the ^ up blic
records officer shall make the records available for inspection at City Hall during regular business hours.
The eit), elerlkpublic records officer, or designee, shall be present or otherwise monitor when records are
being inspected. The requestor shall indicate which documents he or she wishes the agency to copy and the
"public regards o_will notify the requestor when the requested documents will be available to
claim.
C. Providing Records in Installments. Public records may be made available on a partial or installment
basis as records that are part of a larger set of requested records are assembled or made ready for public
inspection or disclosure.
D. Revised Estimate of Time. At any time while processing a request, the eity records officer
may provide the requestor with a revised reasonable estimate of time within which the city will respond to
the request. A revised estimate of time will be based on the factors detailed in ECC 1.20.020(B)(3). In
addition, a revised estimate may be based upon any unexpected or unforeseen delays encountered during
the request processing, additional requests submitted by the same requestor while the initial request is
pending, and changed circumstances or other considerations ascertained during processing.
E. Providing Electronic Records. When a requestor requests records in an electronic format, if technically
feasible, the "public records officer will provide the nonexempt records or portions of such records
that are reasonably locatable in an electronic format that is used by the city of Edmonds and is generally
commercially available; or will provide the records in a format that is reasonably translatable from the
format in which the agency keeps the record. The requestor may also opt to have the records provided to
them on digital storage media or device.
F. Withdrawn or Abandoned Requests. The city may consider a request abandoned and close a request
when the requestor either withdraws their request or fails to fulfill their obligations in the processing of the
request. The city may consider a request abandoned in the following circumstances:
1. If an entire request is unclear, and the requestor fails to clarify the request within 30 days of the
city's request for clarification;
2. If the requestor fails to inspect records within 30 days of being notified that records are available for
inspection;
3. If the requestor misses an appointment to inspect records and fails to contact the city within 30 days
of the missed appointment;
4. If the requestor fails to view records within 30 days of being notified that records are available for
electronic inspection;
5. If the requestor fails to pick up records at City Hall within 30 days of being notified that the records
are available for in-person pick-up; or
6. If the requestor fails to pay a deposit or the final payment for the requested copies of records within
30 days of receiving an invoice from the city for payment thereof.
G. Closing a Request. After the e-ityeleFkpublis records officer has completed a request for disclosure by
providing the requestor with responsive documents and a redaction log, if applicable, the e4y-elerk up blic
records officer will close the request and inform the requestor of this status. The closure of a request shall
signify that the request has been completed and is considered determinative. [Ord. 4095 § 1, 20181.
1.20.030 Exemptions.
The city adopts by reference the exemptions from public disclosure contained in Chapter 42.56 RCW,
including any future amendments thereto or recodification thereof, along with any other exemption
provided by law, including but not limited to those exemptions set forth in Exhibit C to "Public Records
Act for Washington Cities and Counties," Municipal Research and Services Center, Report No. 61, July
2006, a copy of which shall be maintained in the office of the city clerk. [Ord. 4095 § 1, 2018; Ord. 3641 §
1, 2007; Ord. 3011 § 1, 1995].
1.20.040 Copying fees.
A. The city of Edmonds finds that calculating the actual cost to charge the requestor is unduly burdensome
and would interfere with city of Edmonds operations. The city employs over 100 employees who earn
different salaries and different rates of pay. City public records officer would be required to maintain a
record of all employees who contributed to each part of a public record request and potentially charge
different amounts for multiple scanned pages. The response time to a public records request may also be
delayed in order to calculate scanning costs and create invoices with different rates of scanning charges.
The amount of work involved in calculating the cost in providing copies for all separate requests would
require a significant portion of one employee's time. The performance of the city of Edmonds overall
mission does not allow for the addition to, or the revision or reassignment of, duties for existing personnel
so that these calculations can be done without hiring additional staff. Anticipated revenue, along with
adopted priorities for expenditures, does not allow for the hiring of an additional employee for this purpose.
Based on the findings above, the city will charge the requestor for photocopies or electronically produced
copies of public records in accordance with the charges set forth in RCW 42.56.120(2). Pursuant to that
statute, the city will provide, upon request, a summary of the applicable charges before any copies are made
to allow the requestor to revise the request to reduce the number of copies to be made and reduce the
applicable charges. If a request requires the use of a commercial copy service, including but not limited to
large -copy projects, color copies, and oversized copies, the costs for copies will be the actual cost of the
copies charged by such outside vendor.
The ^public records ot'cer may require a deposit in an amount not to exceed 10 percent of the
estimated cost of providing copies for a request, including customized service charges. If public records are
made available on a partial or installment basis, the applicable fees shall be due and payable for each part
of the request as it is provided.
B. Costs for Electronic Records. The cost of providing electronic copies of records on digital storage media
or device will be the actual cost. If electronically produced copies are being provided by email or through
the public records portal, cost for the records will be in accordance with RCW 42.56.120. There will be no
charge for transmitting electronic records to a requestor, unless another cost applies such as a scanning fee.
7
C. Costs of Mailing. The city of Edmonds may also charge actual costs of mailing, including the cost of a
shipping container; and the actual cost of long-distance fax transmission.
D. Payment. Payment for the costs of records may be made by cash, check, Mastercard, or Visa, made
payable to the city of Edmonds.
E. Other statutes govern charges for particular kinds of records. As examples, RCW 46.52.085 (charges for
traffic accident reports); RCW 10.97. 100 (copies of criminal histories); RCW 3.62.060 and 3.62.065
(charges for certain records maintained by courts).
F. The requestor may challenge the city's fee estimate when the requestor believes the city has not made a
"reasonable estimate of the charges to produce the copies of records" by seeking judicial review of the
city's action by filing a motion within Snohomish County superior court pursuant to the provisions of RCW
42.56.550.
G. The city of Edmonds has the discretion to waive copying charges for photocopies or electronically
produced copies of public records. The city may also enter into a contract, memorandum of understanding,
or other agreement with a requestor that provides an alternative fee arrangement to the charges authorized
in RCW 42.56.120, or in response to a voluminous or frequently occurring request. For administrative
convenience, the city will waive copying charges for photocopies or electronically produced copies of
public records, if the total charges are less than $1.00 per request. [Ord. 4095 § 1, 2018; Ord. 3641 § 1,
2007; Ord. 3011 § 1, 1995].
1.20.045 Index of public records — Findings and order.
A. Findings.
1. The Public Records Act requires all cities and public agencies to maintain and make available a
current index of all public records.
2. RCW 42.56.070(4) provides that an agency need not maintain such an index if to do so would be
unduly burdensome, but it must issue and publish a formal order specifying the reasons why and the
extent to which compliance would be unduly burdensome or would interfere with agency operations.
3. The city is comprised of numerous departments, their divisions and subdivisions, many if not all of
which maintain separate databases and/or systems for the indexing of records and information.
4. Because the city has records which are diverse, complex and stored in multiple locations and in
multiple computer systems, formats and/or databases, it is unduly burdensome, if not physically
impossible, to maintain a current index of all records.
B. Order. Based upon the findings set forth in subsection (A) of this section, and pursuant to RCW
42.56.070(4), the city council orders the following:
1. The city is not required to maintain an all-inclusive index of public records due to the undue burden
and near -impossibility of maintaining such an index.
2. The city will make available for inspection and/or copying all public records, including any indexes
that are maintained by the city, except to the extent that such records are exempt from public
disclosure. [Ord. 4095 § 1, 2018; Ord. 3641 § 2, 20071.
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 borne 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 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. [Ord. 4095 § 1, 2018; Ord. 3011 § 1, 1995].
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. [Ord. 4095 § 1, 2018; Ord. 3011 § 1,
1995].
1.20.070 Modifications to fees and charges.
All fees and charges identified in this chapter may be modified by the ei�y e-leFkadministrative services
director or designee as approved by resolution of the city council from time to time as deemed necessary
by the ..:..y cie&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. [Ord.
4095 § 1, 2018; Ord. 3011 § 1, 1995].
1.20.080 Public disclosure forms.
Repealed by Ord. 4095. [Ord. 3489 § 2, 20041.
0
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being fust duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH948914 ORDINANCE
SUMMARY as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
02/18/2022 and ending on 02/18/2022 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount ' the fee for s h publication is
$65.36.
Subscribed and sworn befo , me on this
day of
Linda Phkitips
Notary Public
State of Washington
My AppainSment ExplreS 8129/20 2 5
Commission Number "17
Notary Public in and for the State of
Washington.
City or Edmonds - LEGAL ADS 114101416
SCOTT PASSEY
Classified Proof
ORDINANCE SUMMARY
of the Clfy of Edmonds, WasNrgfon
On the 15th day of February, 2022, we City C.'.11 of the City of
Edmonds, paG6Ed 0" 10flolHrlg O[dlname9, mo aVmmarlss of said
c(dnances cansistlZ n1 Was are provided as 100".
ORDINANCE ND. 4y45
AN ORDINANCE OF THE CI OMW WASHINGTON.
AMENDING CHAPTER 1.20 ECC, ENTITLED 'PLIOLIC
RECORDS REQUESTS; To ALIGN WITH THE
REORGAN1ZATJON OF iH8 ADMINISTRATNE SERVICES
OF gnTMENT
QRDINANCE NO.4
AN ORDINANCE OF TH EDMONDS, WASHINGTON.
AUTHOACT FUNDS OR ALLOCATION
PLNOF IRPOSF OFCAN RESCUE
PROVID PROVIDING
PREMIUM PAY TO ELIGIBLE CITY EMPLOYEES AND
AUTHORIZING ADDITIONAL VACATION DAYS FOR SUCH
EMPLOYEES
ORDINANCE NO.4247
AN ORDINANCE oF� ciTY El7hSONDS WASF{NGTON.
ESTABLISHING AN IMMEDIATE EMERGEN& MORATORIUM
ON THE ACCEPTANCE OF BUILDING PERMIT APPOCA7IONS
FOR 9D2 ZONED LOTS THAT DO NOT FRONT ON A
DESIGNATED STREET FRONT, TO Be IN EFFECT UNTIL THE
CfTY OF EDMONDS ADOPTS INTERIM DEVELOPMENT
REGULA7IONS FOR SUCH HD2 ZONED LOTS, SETTING TWO
MONTHS A$ THE EFFECTIVE PERIOD OF THE MORATORIUM,
AND DECLARING ANO ER ENCY
SCE NO -<248
AN OR01NANCE OF�DS, WASHINGTON,
AMENDING CHAPTER 5.34 ECC PERSONS, CRIMES
RELA7ING TO) TO ADOPT BY REFERENCE RCW 7.96.120 AND
ROW 7.105460; PROVIDING FOR SEVERABILITY; OECLARING
AN EAIERGENCYAND SETT; NOAN EFFECTIVE OAT
Thu ful taxi of moss Oranancan will be aant upon request.
DATED IM! 15Th gay of FuWuary, 2022.
CITY CLERK, SCO y PASSEY
Pub4ehad: Febrmy 18, 2422. EDH948914
Proofed by Phillips, Linda, 02/18/2022 08:49:25 am Page: 2