Ordinance 4095ORDINANCE NO.4095
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 1.20 OF
EDMONDS CITY CODE ENTITLED "COPIES,
CERTIFICATIONS AND TRANSCRIPTIONS OF
CITY RECORDS"; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, pursuant to the Public Records Act ("Act"), codified at Ch. 42.56
RCW, the Washington Legislature requires that each local agency shall provide rules of
procedure for the guidance of the public in making requests for inspection or copying of
public records; and
WHEREAS, pursuant to the Act, a local agency shall appoint and publicly
identify a public records officer whose responsibility is to serve as a point of contact for
members of the public in requesting disclosure of public records and to oversee the
agency's compliance with the public records disclosure requirements of the Act; and
WHEREAS, the State Legislators made revisions to the Public Records Act and
the City Council desires to adopt them and modify the City's practices and policies to be
consistent with State law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1.20 of Edmonds City Code entitled "Copies, Certification
and Transcription of City Records" is hereby amended as follows (deleted text shown in
ugh and new text shown in underline :
Chapter 1.20
PUBLIC RECORDS — •T�Ta13i �L�af ►� .711i i �i �w7V U f�l.� �►�w.`I
. , O.RECORDS
1.20.005 Authority and Purpose
1.20.010 City clerk as public records officer — Form for request.
1.20.020 .Processing public records requests.
1.20.025 Providing records to requestor
1.20.030 eExemptions.
1.20.040 Reproduction 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.
1.20.005 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 b, t�gency.
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 wishingtquest access to public records of the city of Edmonds and
establish processes for both reguestors and city of Edmonds staff that are designed to best
assist members of the public in obtaining such access.
C. The 12uEpose of the act is to rovide the public full access to iniur1rl�itipll concerning
the conduct of Rovermuent, 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 cgMing 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 pLovisions of this cha ter shall not Mply 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.
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.
B. All persons desiringtpect or receive a copy of any public record of the city
must make their request to the city clerk, or designee, by submitting an online records
request via the imblic records reguest web portal on the City of Edmonds website. on
speeified by the eity [Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
C. A Muestor without access to the online portal, may submit a request to the city
clerk via mail or in person on the forms specified by the city clerk at city hall. The city_
clerk 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.
1.20.020 Response or den
of Feq*eWProcessing of nuhtic 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. Publie reeeMs may be made available on a partial or- installment basis as Feeefds thM
ela 1-he. need to elai-ify the intent of the r-eqttest, te leeate and- assemb-I-em oh-U-2 in-f-b-F-m-
ffeeted by the request, or to determine
whether any ef the infer-mMien Fequested is exemp! and that a denial s�heuld be made as
requester- is seeking, if the requester fails !a elafify the inspeetien or- diselesHFe. Additional tifne required to fespead te a request may be based
the eit), need met respond
to -it. [Ord. 3812 § 1, 2010; Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995]. Acknowledging
Receipt of Request. Within five business days of receiving a written public record
request, not including the date in which the city clerk receives the request,.the city must
acknowledge the re uest in one of the was provided in this subsection: by
eithen
1. Provide the record; or
2. Provider 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); or
3. Acknowledggingthat the city has received the request and provider a reasonable
estimate of the time the city will require to respond to the request. This estimate will
take into consideration the larize 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; or
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 city clerk 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_Denying 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 recordsprovided that a reguest 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" srecords.
D. Automated Requests. The City mqy deny an automated or "bot" request that is one of
multiple requests from the re uestor within a twenty-four hour period. "Sot request'
means a request for public record that the city reasonably believes was automaticaIl
generated by a computer program or script.
E. Protecting Rights of Others. In the event that the requested records contain
information that mgy affect the rights of others and mqy be exempt from disclosure the
city clerk may, prior to providing the records, give notice to such others whose rights
ma 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 da s to prevent
or limit the disclosure of the record.
F. Records Exempt from Disclosure. Some records are exem t from disclosure in whole
or in part. If the city believes that a record is exempt from disclosure and should be
withheld the city clerk 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 exem t the city clerk 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 a lies 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 Cily ma deny a re nest for information as therequest is
not a request fora public "record" as required under RCW 42.56.
1.20.025 Providing Records to Renuestor.
A. Receiving Records. The requestor may indicate to the city clerk whether he or she
wishes to inspect records have the records copied, or have the records a loaded to the
cty's online records request web portal.
B. Inspection of Records. If a requestor seeks an ol2portunity to inspect public records
the cily clerk shall make the records available for inspection at City Hall during regular
business hours. The city clerk, 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 city clerk will notify the requestor when the re uested
documents will be available to claim.
C. Providing Records in Installments. Public records m9Y 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 reguest, the city clerk
may rovide the requestor with a revised reasonable estimate of time within which the
City will rcsl2ond to the reguest. A revised estimate of time will be based on the factors
detailed in 1.20.020(B)(31. In addition a revised estimate m4y be based upon an
unexpected or unforeseen dela s encountered during the request processing, additional
reguests submitted by the same re uestor while the initial reguest 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 city clerk will provide the non-exempt 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 commercial) 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 mqy 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 m4y 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 da s 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 -Lip: or
6. If the requestor fails to RU a deposit or the final pmment for the requested eo ies
of records within 30 days of receiving an invoice from the City for payment thereof.
G. Closing a Request. After the city clerk has completed a reguest for disclosure b
providingthe he requestor with responsive documents and a redaction log, if applicable, the
city clerk 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.
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. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
1.20.040 Copying fees.
B. The city of Edmonds finds that calculating the actual cost to charge the requestor is
unduly burdensome and would interfere with cjV of Edmonds operations. The City
ern to s over 100 employees who earn different salaries and different rates of p4Y. Cit
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 char es. The amount of work involved in calculating the cast 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 hirinp, additional staff. Anticipated revenue, aloe
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 12hotocopies 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 over -sized copies, the costs for copies
will be the actual cost of the copies charged by such outside vendor.
The city clerk 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. if an installment o
[Ord. 3641 § 1, 2007; Ord. 3011 § 1, 1995].
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, cast 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.
C. Costs of Mailing. The city of Edmonds may also charge actual costs of mailin
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 made by cash, check, Mastercard,
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 (chars 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"
b seeking eekingJudicial review of the ciiy'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 agreements 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.
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. 3641 § 2, 2007].
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 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. 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. 3011 § 1, 1995].
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. [Ord. 3011 § 1, 1995].
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SECTION 2. Effective Date. This ordinance is subject to referendum and shall
take effect thirty (30) days after final passage of this ordinance.
OR, DAVE EARLING
ATTEST/AUTHENTICATE:
CI LERK, SCO SSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY (72�-�
J8° TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
January 19, 2018
January 23, 2018
January 28, 2018
February 22, 2018
4095
SUMMARY OF ORDINANCE NO. 4095
of the City of Edmonds, Washington
On the 23rd day of January, 2018, the City Council of the City of Edmonds, passed
Ordinance No. 4095. 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 OF EDMONDS CITY CODE ENTITLED "COPIES,
CERTIFICATIONS AND TRANSCRIPTIONS OF CITY RECORDS"; PROVIDING
FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE
The full text of this Ordinance will be mailed upon request.
DATED this 24th day of January, 2018.
"�;10
CLERIC, S ASSEY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first 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 EDH794117 ORDINANCE
4095 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
01/28/2018 and ending on 01/28/2018 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee r such publication is
$24.08.
Subscribed and sworn efore me on this
=?- f day of
Ott Phii-
A1�ty Pub,;c '
btaw of WashirVft M1,
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOTT PASSEV
CLASSIFIED ADVERTISING
PROOHRECEIPT
SUMMARY OF ORDINANCE NO.4095
of the Cityof Edmpnde. Washinglon
On the 23rd day of January, 201 B. Iha City C. rll of the City of
Edmonds, passed Ordinance No.40fi5. A Sum,," of Iha content
of said ordinance, Cons1S11nn�� Cf la
S111B, pprropvvides as fellows:
AN ORDINANCE OF T"TCITY OF EDMONDS. wASNINGTON,
AMENDING CHAPTER 1,20 OF EDMONDS CITY CODE
ENTITLED `COPIES CERTIFICATIONS AND TRANSCRIPTIONS
OF CITY RECOROAa'; PROVIDING FOR SEVERABILITY; AND
SETTING AN EFFECTIVE DATE
The 1011 IM of INS Ordinance will be malted upon request.
DATED ttds 241h day of .]arwary 20CL18.
CITY ERK, SCOTT PASSEY
PuLlishad:Janualy 28, 2018. EDH79411�