Ordinance 10-025 Amending SVMC 2.75 Public Records CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 10-025
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE 2.75.010 RELATING
TO AUTHORITY AND PURPOSE, 2.75.020 RELATING TO THE CITY PUBLIC RECORD
OFFICER,2.75.040 RELATING TO PROCESSING RECORD REQUESTS,2.75.070 RELATING
TO COSTS OF PRODUCING RECORDS,AND OTHER MATTERS RELATED THERETO.
WHEREAS, the City previously adopted Spokane Valley Municipal Code (SVMC) 2.75
relating to requests for public records, consistent with Revised Code of Washington (RCW)
42.56 and Washington Administrative Code(WAC)44-14; and
WHEREAS, in 2010, the Legislature amended portions of RCW 42.56 relating to how
cities may respond to record requests in relation to accessing public records online; and
WHEREAS, the City is in need of updating the phone number of the City's Public
Records Officer; and
WHEREAS, other provisions in SVMC 2.75 need to be amended in the event the City
wishes to recover the costs of providing records more accurately.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend City Code provisions
relating to requests for public records and responses thereto by the City.
Section 2. Amending Spokane Valley Municipal Code Section 2.75.010. Spokane Valley
Municipal Code 2.75.010 is amended as follows:
2.75.010 Authority and purpose—Compliance with Public Records Act,Chapter 42.56 RCW.
A. RCW 42.56.070(1) requires each city to make available for inspection and copying nonexempt
"public records" in accordance with published rules. The act 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 city regardless of
physical form or characteristics. RCW 42.56.070(2) requires each city 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 city.
B. The purpose of this chapter is to establish the procedures the City 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, and establish processes for requestors and City staff that are designed to
best assist members of the public in obtaining such access.
C. The purpose of the Public Records 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 this chapter will be interpreted in favor of
Ordinance 10-025 Amending SVMC 2.75 Page 1 of 5
disclosure. In carrying out its responsibilities under the Act,the City will be guided by the provisions
of the Act describing its purposes and interpretation.
Section 3. Amending Spokane Valley Municipal Code Section 2.75.020. Spokane Valley
Municipal Code 2.75.020 is amended as follows:
2.75.020 City description—Contact information—Public records officer.
A. The City is a noncharter code city governed by the provisions of Chapter 35A.13 RCW. The City's
central office is located at 11707 E. Sprague Ave., Spokane Valley, WA 99206. The City also has
offices at CenterPlace located at 2426 N. Discovery Place, Spokane Valley, WA 99216, the Public
Works Maintenance Shop located at 10804 East First Avenue, Spokane Valley, WA 99206, and the
Spokane Valley Precinct located at 12710 E. Sprague Ave., Spokane Valley,WA 99216.
B.Any person wishing to request access to public records of the City or seeking assistance in making
such a request should contact the public records officer of the City:
City Clerk
City of Spokane Valley
11707 E. Sprague Ave., Suite 106
Spokane Valley,WA 99206
Phone: 720-5102
Fax: 688-0194
cbainbridge @spokanevalley.org
Information is also available at the City's web site at http://www.spokanevalley.org
C. The public records officer will oversee compliance with the Act but another City staff member
may process the request. Therefore, these rules will refer to the public records officer "or designee."
The public records officer and the City will provide requestors the "fullest assistance" as set forth in
SVMC 2.75.040; will ensure that public records are protected from damage or disorganization; and
will strive to prevent the fulfilling of public records requests from causing excessive interference with
essential functions of the City.
Section 4. Amending Spokane Valley Municipal Code Section 2.75.040. Spokane Valley
Municipal Code 2.75.040 is amended as follows:
2.75.040 Processing of public records—General.
A. Providing "Fullest Assistance." The City is charged by statute with adopting rules which describe
how it will "provide full access to public records," "protect records from damage or disorganization,"
"prevent excessive interference with other essential functions of the City," provide "fullest assistance"
to requestors, and provide the "most timely possible action" on public records requests. The public
records officer will process requests in the order allowing the most requests to be processed in the
most efficient manner.
B. Acknowledging Receipt of Request. Within five business days of receipt of the request, the public
records officer will do one or more of the following:
1.Make the records available for inspection or copying;
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2. Provide an internet address and/or link to 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 copies of the record or allow the requester to view copies
using a City computer, if available and practical;
3. If copies are requested and payment of a deposit for the copies, if any, is made or terms of
payment are agreed upon, send the copies to the requestor;
4. Provide a reasonable estimate of when records will be available;
5. If the request is unclear or does not sufficiently identify the requested records, request
clarification from the requestor. Such clarification may be requested and provided by telephone.
The public records officer may revise the estimate of when records will be available;or
6.Deny the request,explaining the reason for such denial.
C. Consequences of Failure to Respond. If the City does not respond in writing within five business
days of receipt of the request for disclosure, the requestor should consider contacting the public
records officer to determine the reason for the failure to respond.
D. Protecting Rights of Others. In the event that the requested records contain information that may
affect rights of others and may be exempt from disclosure, the public records officer may, prior to
providing the records, give notice to such others whose rights may be affected by the disclosure. Such
notice should be given so as to make it possible for those other persons to contact the requestor and
ask him or her to revise the request, or, if necessary, 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.
E. 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 public 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.
F. Inspection of Records.
1. Consistent with other demands,the City shall promptly provide space to inspect public records.
No member of the public may remove a document from the viewing area or disassemble or alter
any document. The requestor shall indicate which documents he or she wishes the City to copy.
2. The requestor must claim or review the assembled records within 30 days of the City's
notification to him or her that the records are available for inspection or that copies are ready to
be paid for and picked up. The City will notify the requestor in writing of this requirement and
inform the requestor that he or she should contact the City to make arrangements to claim or
review the records. If the requestor or a representative of the requestor fails to claim or review the
records within the 30-day period or make other arrangements, the City may close the request and
re-file the assembled records.
G. Providing Copies of Records. After inspection is complete, the public records officer shall make
the requested copies or arrange for copying. If the requestor is making copies of City records,the City
may stop the requestor from such copying if, in the City's reasonable belief, such copying by the
requestor is damaging the records or resulting in the records becoming disordered.
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H. Providing Records in Installments. When the request is for a large number of records, the public
records officer will provide access for inspection and copying in installments, if he or she reasonably
determines that it would be practical to provide the records in that way. If, within 30 days, the
requestor fails to inspect the entire set of records or one or more of the installments,the public records
officer may stop searching for the remaining records and close the request.
I. Completion of Inspection. When the inspection of the requested records is complete and all
requested copies are provided, the public records officer will indicate that the City has completed a
diligent search for the requested records and inform the requestor that nonexempt records are
available for inspection.
J. Closing Withdrawn or Abandoned Request. If the requestor either withdraws the request or fails to
fulfill his or her obligations to inspect the records or pay the deposit or final payment for the
requested copies,the public records officer will close the request and indicate to the requestor that the
City has closed the request.
K.Later Discovered Documents. If,after the City has informed the requestor that all available records
have been provided,the City becomes aware of additional responsive documents existing at the time
of the request, the requestor will be promptly informed of the additional documents and such
documents will be provided expeditiously.
Section 5. Amending Spokane Valley Municipal Code Section 2.75.070. Spokane Valley
Municipal Code 2.75.070 is amended as follows:
2.75.070 Costs for providing copies of public records.
A. Costs for Paper Copies. The fees for public records shall be determined by separate resolution.
There is no fee for inspecting public records or for providing documents electronically, provided the
document was created in an electronic format, . Document copies mailed to the requestor will not be
mailed until the fee, plus postage,has been received.
Before beginning to make the copies, the public records officer may require a deposit of up to 10
percent of the estimated costs of copying all the records selected by the requestor. The public records
officer may also require the payment of the remainder of the copying costs before providing all the
records, or the payment of the costs of copying an installment before providing that installment. The
City will not charge sales tax for copies of public records.
B.A reasonable charge may be imposed for providing copies of public records and for the use by any
person of agency equipment, which charges shall not exceed the amount necessary to reimburse the
agency for its actual costs directly incident to such copying. (RCW 42.56.120)
C. Costs of Mailing. The City will also charge actual costs of mailing, including the cost of the
shipping container.
D. Payment. Payment may be made by cash, check, or money order payable to the City of Spokane
Valley.
Section 6. Remainder of SVMC 2.75 Unchanged. The remaining provisions of SVMC 2.75 are
unchanged by this amendment.
Ordinance 10-025 Amending SVMC 2.75 Page 4 of 5
Section 7. 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 8. Effective Date. This Ordinance shall become effective five days after publication of the
Ordinance, or a summary thereof, in the official newspaper of the City.
Adopted this 14th day of December,2010.
City of Spokane Valley
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Thomas E. Towe ,Mayor
ATT. ST/ /
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ity Clerk,Christine Bainbridge
Approved as to Form:
Office tt the City ttorney
Date of Publication: /g -a
Effective Date: id-—g-9 - 07 G)/e
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