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Ordinance 04-040 Adopts SVMC Title 2; All-Inclusive Index Unduly Burdensome CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 04-040 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,WASHINGTON, ADDING NEW SECTIONS TO SPOKANE VALLEY CITY CODE TITLE 2 ADOPTING A FORMAL POSITION AND DECLARING THE MAINTENANCE OF AN ALL-INCLUSIVE INDEX OF EVERY PUBLIC RECORD, REQUIRE:I) BY RCW 42.17, TO BE UNDULY BURDENSOME; AND DIRECTING THAT ALL INDEXES MAINTAINED FOR INTERNAL CITY USE BE MADE AVAILABLE FOR PUBLIC AND COPYING;PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 42, Chapter 17 of the Revised Code of Washington (hereinafter referred to as RCW 42.17)requires all cities and public agencies to maintain and make available a current index of public records; and WHEREAS,RCW 42.17 also states 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 WHEREAS, RCW 42.17 further provides that in spite of such an unduly burdensome order, all indexes maintained by the city must be made available to provide identifying information on those records which are to be made available for public inspection; and WHEREAS,the City of Spokane Valley is a municipal corporation of the State of Washington which provides general municipal services to its residents and others; and WHEREAS,the diversity of City departments has resulted in the creation and use of many different computer systems, programs and information retaining systems which would be extremely difficult, if not physically impossible, to compile into a single index;and WHEREAS, the performance of the City's daily operation with a limited staff and budget, does not allow for the revision or reassignment of duties for existing personnel or to acquire additional personnel so that a current index may be developed and maintained without additional burden on existing staff and resources; and 'WHEREAS,anticipated City revenues do not allow for additional staffinembers for the sole purpose of creating and maintaining such an all-inclusive index; and WHEREAS the City has a recognized policy of assisting people who request public information and of providing public records upon request, and does not plan to deviate from that policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance 04-040 Declare All-Inclusive Index Burdensome • Page I of 3 Section 1.New Sections Created. Spokane Valley Municipal Code Section 2.75.120 and 2.75.130 are hereby created to read as follows: Section 2.75.120 PUBLIC RECORDS INDEXES AND RECORDS REQUESTS UNDER THE PUBLIC DISCLOSURE ACT. 2.75.120 Findings. A.The Revised Code of Washington(RCW 42.17)requires all cities and public agencies to maintain and make available a current index of all public records. B. The RCW also states 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. C. When such an order is made, all indexes maintained by that city must be made available to provide identifying information on those records which are available for inspection and/or copying. D.The City of Spokane Valley is comprised of various departments which maintain separate databases and/or record-keeping systems for the indexing of records and information. E.The City of Spokane Valley has records which are diverse,complex and stored in multiple locations and in multiple computer systems and databases, and it is unduly burdensome, if not physically impossible, to maintain a central index of records. F.The City of Spokane Valley's daily operation with a limited staff and budget does not allow for the addition to personnel so that a current index may be developed and maintained without additional burden on existing staff and resources. G. The City of Spokane Valley will fully comply with the provisions of the RCW as they relate to the Public Disclosure Act, under RCW Chapter 42.17. 2.75.130 Order regarding Public Records Index. Based upon the findings set forth in SVMC 2.80.010,and pursuant to RCW 42.17.260(4)(a),the City Council orders the following: 1. The City of Spokane Valley is not required to maintain an all-inclusive index of public records, due to findings ofthe City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain. 2. Upon request by any citizen, the City of Spokane Valley shall make available all public records and any indexe created for internal use. Said indexes shall be maintained and released in order to obtain those records which are public and not protected by the exemption portion of the statute, namely RCW 42.17.310. Section 2. Severability. If any section,subsection,paragraph,sentence,clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3.Effective Date.This ordinance or a summary thereofshall be published in the official newspaper of the City, and shall be in full force and effect five(5)days after passage and publication as provided by law. Ordinance 04-040 Declare All-Inclusive Index Burdensome Page 2 of 3 • l PASSED by the City Council this 'Oddity of _, , t ' `A , 2004. -Aut/i ATTEST: Michael DeVleming, Mayor �I-ii-istine Bainbridge, City Clerk i . Approved as to Form: / . .• A ...gi.ii-.: Iii Cary P. I) t!:kell, Deputy • Attorney Date of Publication: /d-ri)-d r Effective Date: /a -7/5-D7 Ordinance 04-040 Declare All-Inclusive Index Burdensome Page 3 013