Ordinance 03-021 Public Records Disclosure CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 21
AN ORDINANCE OF THE CITY COUNCIL OF HE CITY OF
SPOKANE VALLEY, WASHINGTON, REGARDING DISCLOSURE OF
PUBLIC RECORDS OF THE CITY.
WHEREAS, RCW 42.17.290 requires cities to adopt and enforce reasonable rules and
regulations, consistent with the intent of the Public Records Disclosure Act,
Chapter 42.17 RCW, to provide full public access to public records, to protect public records
from damage or disorganization, and to prevent excessive interference with essential City
functions; and
WHEREAS, Chapter 42.17 RCW requires the City to make public records available for
inspection and copying, subject to certain exemptions; and
WHEREAS, the City Council supports the policy of Chapter 42.17 RCW as stated in
RCW 42.17.251, which provides as follows:
The people of this state do not yield their sovereignty to the agencies that serve
them. The people, in delegating authority, do not give their public servants the
right to decide what is good for the people to know and what is not good for them
to know. The people insist on remaining informed so that they may maintain
control over the instruments that they have created. The public records
subdivision of this chapter [Chapter 42.17 RCW] shall be liberally construed and
its exemptions narrowly construed to promote this public policy; and
WHEREAS, the City Council desires to make available for inspection and copying all
computer data, drawings and data bases, as well as all software and special applications for
software developed by City officers and employees in the scope of their employment;
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do
ordain as follows:
Section 1. Relationship to Public Records Disclosure Act. This ordinance constitutes
the City's rules and regulations to carry out and implement the Public Records Disclosure Act,
Chapter 42.17 RCW. Except as provided in this ordinance, Chapter 42.17 RCW shall apply to
all City public records.
Section 2. Disclosure of Public Records. Unless exempt from disclosure under this
ordinance, public records shall be available for inspection and copying in accordance with this
ordinance.
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Section 3. Definitions of Public Record and Writing.
A. "Public record" means (1) any writing, (2) any computer data and data bases and
computer generated documents, maps and drawings and (3) any software and special
applications for software developed by City officers and employees in the scope of their
employment, 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.
B. "Writing" means handwriting, typewriting, printing, photostating, photographing,
and every other means of recording any form of communication or representation, including, but
not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all
papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and
video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and
other documents including existing data compilations from which information may be obtained
or translated.
C. Miscellaneous Definitions. To the extent necessary to interpret or apply this
ordinance, the City adopts by reference the definitions set forth in RCW 42.17.020.
Section 4. Copyright Enforcement. The City recognizes that any software and
special applications for software developed by City officers and employees in the scope of their
employment are owned by the City pursuant to the copyright laws, 17 U.S.C., sections 101 and
201. The City will make available to all requestors a license to use such software so as to make
use of all public data.
Section 5. Maintenance of Records.
A. All substantive and procedural rules of general applicability, including but not
limited to ordinances and resolutions of the City Council, minutes of the regular meetings of the
City Council, and statements of general policy, and all public contracts, deeds, easements and
leases shall be indexed and maintained in the office of the City Clerk for the use of the City and
of the general public.
B. All other records of the City relating to the specific function or responsibility of a
particular City department shall be maintained for the use of the department and the general
public in the office of the department. The department shall maintain and make available for
public inspection and copying a current index providing identifying information as to the
following records:
1. Final opinions and orders made in the adjudication of cases;
2. Statements of policy and interpretations of policy which have been
adopted by the City;
3. Administrative staff manuals and instructions to staff that affect a member
of the public;
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4. Maps, drawings and other writings that relate to the management and
orderly development of the City;
5. Factual staff reports and studies, factual consultants reports and studies,
scientific reports and studies and any other factual information derived
from tests, studies, reports, or surveys, whether conducted by public
employees or others;
6. Correspondence, and materials referred to therein, by and with the City
relating to any regulatory, supervisory, or enforcement responsibilities of
the City, whereby the City determines, opines upon, or is asked to
determine or opine upon, the rights of the State, the public, a subdivision
of State government, or of any private party; and
7. Such other documents or writing that relate to the business of the City.
Section 6. Exemptions.
A. The following shall be exempt from public inspection and copying:
1. Personal information in files maintained for employees, appointees, or
elected officials, to the extent that disclosure would violate their right to
privacy, as defined in RCW 42.17.255.
2. Information required of any taxpayer in connection with the assessment or
collection of any tax if the disclosure of the information to other persons
would be prohibited to such persons by RCW 82.32.330 or violate the
taxpayer's right to privacy, as defined in RCW 42.17.255, or result in
unfair competitive disadvantage to the taxpayer.
3. Specific intelligence information and specific investigative records
compiled by investigative, law enforcement, and penology agencies, the
nondisclosure of which is essential to effective law enforcement or for the
protection of any person's right to privacy, as defined in RCW 42.17.255.
4. Information revealing the identity of persons who are witnesses to or
victims of crime or who file complaints with investigative, law
enforcement, or penology agencies, other than the public disclosure
commission, if disclosure would endanger any person's life, physical
safety, or property; provided, that if at the time a complaint is filed the
complainant, victim or witness indicates a desire for disclosure or
nondisclosure, such desire shall govern.
5. Test questions, scoring keys, and other examination data used to
administer a license, employment, or academic examination.
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6. Except as provided by chapter 8.26 RCW, the contents of real estate
appraisals, made for or by any agency including the City, relative to the
acquisition or sale of property, until the project or prospective sale is
abandoned or until such time as all of the property has been acquired or
the property to which the sale appraisal relates is sold, but in no event
shall disclosure be denied for more than three years after the appraisal.
7. Valuable formulae, designs, drawings, and research data obtained by the
City within five years of the request for disclosure when disclosure would
produce private gain and public loss. The exemption of this subsection (7)
shall not include software and special applications for software developed
by City officers and employees in the scope of their employment.
8. Preliminary drafts, notes, recommendations, and intra-agency
memorandums in which opinions are expressed or policies formulated or
recommended except that a specific record shall not be exempt when
publicly cited by the City in connection with any City action.
9. Records which are relevant to a controversy to which the City is a party
but which records would not be available to another party under the rules
of pretrial discovery for causes pending in the superior courts.
10. Records, maps, or other information identifying the location of
archaeological sites in order to avoid the looting or depredation of such
sites.
11. Financial and commercial information and records supplied by businesses
during application for loans or program services provided by
Chapters 43.160, 43.163, 43.168, and 43.330 RCW.
12. All applications for public employment, including the names of applicants,
resumes, and other related materials submitted with respect to an
applicant.
13. The residential addresses and residential telephone numbers of employees
or volunteers of the City which are held by the City in personnel records,
employment or volunteer rosters, or mailing lists of employees or
volunteers.
14. The residential addresses and residential telephone numbers of the
customers of a City utility contained in the records or lists held by the City
utility of which they are customers.
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15. Client records maintained by the City under any domestic violence
program as defined in RCW 70.123.020 or rape crisis center as defined in
RCW 70.125.030.
16. Information that identifies a person who, while a City employee: (i) seeks
advice, under an informal process established by the City, in order to
ascertain his or her rights in connection with a possible unfair practice
under chapter 49.60 RCW against the person; and (ii) requests his or her
identity or any identifying information not be disclosed.
17. License applications under RCW 9.41.070.
18. information revealing the identity of child victims of sexual assault who
are under age eighteen. Identifying information means the child victim's
name, address, location, photograph, and in cases in which the child
victim is a relative or stepchild of the alleged perpetrator, identification of
the relationship between the child and the alleged perpetrator.
19. A law enforcement authority may not request inspection or copying of
records of any person, which belong to a City electrical utility, unless the
authority provides the City electrical utility with a written statement in
which the authority states that it suspects that the particular person to
whom the records pertain has committed a crime and the authority has a
reasonable belief that the records could determine or help determine
whether the suspicion might be true.
20. Any other record which is exempt from disclosure under any state law.
B. The exemptions from public disclosure set forth in this section shall be
inapplicable to the extent that information, the disclosure of which would violate personal
privacy or vital governmental interests, can be deleted from the specific records sought. No
exemption shall be construed to permit the non-disclosure of statistical information not
descriptive of any readily identifiable person or persons.
C. inspection or copying of any specific records exempt under this section may be
permitted if the Spokane County Superior Court finds, after a hearing with notice thereof to
every person interested and to the City, that the exemption of such records is clearly unnecessary
to protect any individuals right of privacy or any vital governmental function.
D. Nothing in this section shall affect a positive duty of the City to disclose or a
positive duty to withhold information which duty to disclose or withhold is contained in any
other law.
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Section 7. Procedure for Inspection or Copying.
A. Persons wishing to inspect or copy City records shall first make such request to
the City Clerk or the department head of the City department which maintains the requested
records. If the requestor does not know which department maintains the records, the request
shall be made to the City Clerk. The City Clerk shall direct the requestor to the appropriate
department. All assistance necessary to help the requestor locate the particular record shall be
provided promptly either by the City Clerk or by the particular department maintaining the
records. The provision of such assistance shall not unreasonably disrupt the normal operations
of the City Clerk, the department, or the assisting employee.
B. The City Clerk or other City employee shall not distinguish among persons
requesting records. Persons requesting records shall not be required to provide information as to
the purpose for the request, except to establish whether the inspection or copying would violate
RCW 42.17.260(5) or other statute or ordinance which exempts or prohibits disclosure of
specific information or records to certain persons.
C. No fee shall be charged for inspection or locating public documents.
Section 8. Reimbursement for Corvine Costs.
A. Copies of written records, maps, photographs including slides, audio tape
recordings, video tape recordings and diskettes shall be made and provided by the City upon
request and payment of the actual cost of reproducing the same, which cost shall be established
by City Council Resolution. Until the actual cost for reproduction is determined, the per page
cost shall be fifteen cents per page.
B. Labor and mailing costs shall be included in the cost of reproduction. The costs
of reproduction provided for by resolution shall include, but not be limited to, the following
records: street maps, zoning maps, zoning codes, ordinances, public meeting minutes,
resolutions, verbatim transcripts, deeds, contracts, and other records of the character
contemplated in,Section 1 of this ordinance.
C. Where the request is for a certified copy, there shall be an additional charge in the
amount established by City Council resolution to cover the additional expense and time required
for certification.
a. The City Clerk or a department head may provide copies of City records at no
charge to individuals or government agencies doing business with the City, if the City Clerk or
department head determines such action is in the best interests of the City.
Section 9. Decision on Public Records Requests - Procedure for Review of Decision.
A. Upon receiving an oral or written request to inspect or copy a public record, the
City Clerk or the department head shall grant the request unless the City Clerk or department
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head determines that the record requested is or may be exempt from disclosure in whole or in
part, in which case the City Clerk or department head shall require that the requestor complete a
written request for public records form.
B. A department head shall immediately deliver a completed written request for
public records form to the City Clerk.
C. Upon receiving a completed written request for records form, the City Clerk in
consultation with the City Attorney shall determine whether the requested record is exempt by
law from inspection and copying in whole or in part. Within five business days of the date of
receipt by the City of the written request for a record, the City Clerk shall:
1. Provide the record;
2. Acknowledge receipt of the request and provide a reasonable estimate of
the time necessary to respond to the request; or
3. If the City Clerk determines that the document is exempt in part but can be
made available after deletion of exempt portions, the request shall be
granted; provided, that such exempt portions shall first be deleted. if the
City Clerk determines to deny the request, in whole or in part, a written
statement of the specific reasons for the denial shall be provided to the
requestor.
D. A decision by the City Clerk denying inspection shall be reviewed by the City
Attorney. City Attorney review shall be deemed complete at the end of the second business day
following the City Clerk denial of inspection and shall constitute final City action for the
purposes of judicial review. The requestor shall be notified in writing of the decision to grant or
deny the request.
Section 10. Disclosure Prohibited by Other Statutes. The City shall not be required by
this ordinance to permit public inspection and copying of any record to the extent public
disclosure of the record is prohibited, restricted or limited by any state or federal statute or
regulation including, but not limited to, Chapter 10.97 R.CW, the Washington State Criminal
Records Privacy Act, Chapter 13.50 RCW, relating to release of records by juvenile justice or
care agencies, or Chapter 46.52 RCW, relating to accident reports and abandoned vehicles.
Section 11.. Administrative Rules. The City Clerk may issues rules for the
implementation of this ordinance.
Section 12. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 13. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
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in the official newspaper of the City as provided by law.
Passed By the City Council of the City of Spokane Valley on January/i, 2003.
.--111.11. L r--Q a
Mayor, Michael DeVleming 7
ATTEST:
.0_'_. /
Interim City Clerk, Ruth Muller
Approved As To Form:
In cri 1 City r •r• y, Stanley i ._. Schwartz
Date of Publication: /f4.vu-1i Z2/ 2003
Effective Date:
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