Ordinance 3641000006.900000
ASB
04/18/07
ORDINANCE NO. 3641
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON RELATING TO PUBLIC RECORDS;
AMENDING SECTIONS 1.20.010 THROUGH 1.20.040 OF THE
EDMONDS CITY CODE; ADDING A NEW SECTION 1.20.045
DECLARING THE MAINTENANCE OF AN ALL - INCLUSIVE
INDEX OF EVERY PUBLIC RECORD TO BE UNDULY
BURDENSOME, AS REQUIRED BY CHAPTER 42.56 RCW;
PROVIDING FOR SEVERABILITY; AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the state legislature amended the public records statutes during the
2005 legislative session and subsequently recodified the Public Disclosure Act at chapter 42.56
RCW, now referred to as the Public Records Act (the "Act "); and
WHEREAS, the City desires to update its public records procedures for
consistency with the Act; and
WHEREAS, the Act requires all cities and public agencies to maintain and make
available a current index of public records; and
WHEREAS, RCW 42.56.070(4) provides 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, and the City finds itis necessary to issue such order; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. Amendment of chapter 1.20 ECC. Sections 1.20.010 through
1.20.040 of the Edmonds City Code are hereby amended to read as follows:
1.20.010 City clerk as public records officer - Form for request.
A. The city clerk is hereby designated as the public records officer of the city.
Contact information for the city clerk is to be made available to the public in a
manner reasonably calculated to provide notice of whom to request public records
from, such as posting such contact information at City Hall or on the city's
internet website.
B. All persons desiring to inspect or receive a copy of any public record of
the city must make their request to the city clerk, or designee, on forms specified
by the city clerk.
1.20.020 Response or denial of request.
A. Responses to requests for public records shall be made promptly and
pursuant to guidelines established in chapter 42.56 RCW. Within five 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 therefor.
B. 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. 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 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
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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..
1.20.040 Copying fees.
A. 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. The charges for
copying 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.
B. The city clerk may require a deposit in an amount not to exceed ten
percent of the estimated cost of providing copies for a request. 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. If an installment of
a records request is not claimed or reviewed, the city shall not be obligated to
fulfill the balance of the request.
Section 2. New Section Added to chapter 1.20 ECC. A new section 1.20.045 is
added to the Edmonds City Code to read as follows:
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.
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B. Order. Based upon the findings set forth in ECC 1.20.045A, 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.
Section 3. Severability. 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 4. Effective Date. This ordinance shall take effect thirty (30) days after
passage and publication of an approved summary thereof consisting of the title.
ATTEST /AUTHENTICATED:
A'01'w� 1W - exl'4�
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 04/27/2007
PASSED BY THE CITY COUNCIL: 05/08/2007
PUBLISHED: 05/13/2007
EFFECTIVE DATE: 05/18/2007
ORDINANCE NO. 3641
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SUMMARY OF ORDINANCE NO. 3641
of the City of Edmonds, Washington
On the 8th day of May, 2007, the City Council of the City of Edmonds, passed
Ordinance No. 3641. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON
RELATING TO PUBLIC RECORDS; AMENDING SECTIONS 1.20.010
THROUGH 1.20.040 OF THE EDMONDS CITY CODE; ADDING A NEW
SECTION 1.20.045 DECLARING THE MAINTENANCE OF AN ALL -
INCLUSIVE INDEX OF EVERY PUBLIC RECORD TO BE UNDULY
BURDENSOME, AS REQUIRED BY CHAPTER 42.56 RCW; PROVIDING
FOR SEVERABILITY; AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 9th day of May, 2007.
ITY CLERK, SANDRA S. CHASE
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STATE OI'' WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3641
o t e try o mon s, ttyyas ington
Edmonds, Passed f Ordinance7No. 3641Co summary of the
content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
j TON RELATING TO PURI in aGnncr,o....�.._. -._
SOME, AS REQUIRED BY CHAPTER 42.56 LRCW;RPRO-
VIDING FOR SEVERABILITY; AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 91h day of May, 2007.
Published: May 13, 2007 CITY CLERK, SANDRA S. CHASE
Affidavit of Publication
S.S.
The undersigned, being first duly swom 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 Ordinance No. 3641
City of Edmonds
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:
May 13, 2007
and that said newspaper was regularly distributed to its subscribers during all of said period.
ECEIVED Subscribed and swom to before me this 14th
R
day of May, 2007
MAY 18 2007 A
EDMONDS CITY CLERK Notary Public ' nd for tl State of Washington, residing at
County.
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\F OF WASN\�
Account Name: City of Edmonds Account Number. 101416 Order Number: 0001503402