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
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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