Ordinance 07-006 Repealing & Replacing SVMC 2.75: Public Records CITY OF SPOKANE VALLEY
SPOKANE VALLEY,WASHINGTON
ORDINANCE NO.07-006
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,
REPEALING EXISTING SPOKANE VALLEY MUNICIPAL CODE (SVMC) SECTION 2.75 AND
REPLACING IT WITH A NEWLY ADOPTED SECTION 2.75 IN A MANNER CONSISTENT WITH
WASHINGTON ADMINISTRATIVE CODE CHAPTER 44-14 AND RCW 42.56.
WHEREAS the City of Spokane Valley adopted SVMC 2.75 pursuant to ordinance 21 in 2003; and
WHEREAS the State of Washington, pursuant to RCW 42.56 and WAC 44-14 has adopted model rules
for Public Records;and
WHEREAS the city of Spokane Valley wishes to adopt rules regarding Public Records that are
consistent with those model rules.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington
ordains as follows:
Section 1.Spokane Valley Municipal Codes sections 2.75.010, 020, 030 040, 050,060, 070, 080,
090, 100, 110, 120, and 130 adopted by Ordinance 21 in 2003,are hereby repealed in their entirety.
Section 2.New Spokane Valley Municipal Code Section is as set forth below:
2.75 PUBLIC RECORDS
2.75.010 Authority and purpose-compliance with Public Records Act RCW 42.56.
1. 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. 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.
2. The purpose of this title 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.
3. The purpose of the Public Records Act is to provide the public full access to information
concerning the conduct of government, mindful of individual's privacy rights and the
desirability of the efficient administration of government. The act and this title will be
interpreted in favor of 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.
2.75.020 City description--Contact information--Public records officer.
1. The City is a non-charter code City governed by the provisions of RCW 35A.13. The City's
central office is located at 11707 E. Sprague Ave., Spokane Valley, WA 99206. The City also
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has offices at CenterPlace located at 2426 N. Discovery Place, Spokane Valley, WA 99216 and
the Spokane Valley Precinct located at 12710 E. Sprague Ave., Spokane Valley,WA 99216.
2. 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: 688-0177
Fax: 688-0194
publicrecordsrequest @spokanevalley.org
Information is also available at the City's web site at http://www.spokanevalley.org
3. 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 or designee and the City will. provide the "fullest
assistance" as set forth in Section 2.75.030 below to requestors; ensure that public records are
protected from damage or disorganization; and prevent fulfilling public records requests from
causing excessive interference with essential functions of the City.
2.75.030 Availability of public records.
1. Hours for inspection of records. Public records are available for inspection and copying during
normal business hours of the City, Monday through Friday, 8:00 a.m. to 5:00 p.m. (excluding
holidays as defined in SVMC 2.60). Records must be inspected at City offices by appointment.
2. Records Index. The City finds that maintaining an index is unduly burdensome and would
interfere with City operations due to the diversity of City departments and information systems,
budget restraints and the unavailability of staff.
3. Organization of records. The City will maintain its records in a reasonably organized manner.
The City will take reasonable actions to protect records from damage and disorganization. A
requestor shall not take original City records from City offices. A variety of records is available
on the City web site http://www.spokanevalley.org. Requestors are encouraged to view the
documents available on the web site prior to submitting a records request.
4. Making a request for public records.
(a) Any person wishing to inspect or have copies of public records of the City should make
the request in writing on the City's public record request form, or by letter, fax, or e-mail
addressed to the public records officer, or by telephone or in person. The request should
include the following information: Name of requestor; complete mailing address of
requestor; other contact information, including telephone number and any e-mail address;
identification of the public records adequate for the public records officer or designee to
locate the records; and the date and time of day of the request. Within five (5) days of
receipt, the public records officer or designee shall confirm the substance and the receipt
of requests for public records by telephone or in-person or in writing.
(b) If the requestor wishes to have copies of the records instead of simply inspecting them,he
or she should so indicate and make arrangements to pay for copies of the records or a
deposit pursuant to SVMC section 2.75.070.
(c) A form is available for use by requestors at all City offices and on-line at
http://www.spokanevalley.org.
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2.75.040 Processing of public records-general.
1. 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 or designee will process requests in the order
allowing the most requests to be processed in the most efficient manner.
2. Acknowledging receipt of request. Within five (5) business days of receipt of the request, the
public records officer will do one or more of the following:
(a) Make the records available for inspection or copying;
(b) 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;
(c) Provide a reasonable estimate of when records will be available;
(d) 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 or designee may revise the estimate of when
records will be available; or
(e) Deny the request.
3. Consequences of failure to respond. If the City does not respond in writing within five (5)
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.
4. 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.
5. 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 non-exempt portions, and indicate to the requestor why portions of the
record are being redacted.
6. Inspection of records.
(a) 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.
(b) The requestor must claim or review the assembled records within thirty (30) days of
the City's notification to him or her that the records are available for inspection or
copying. 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
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the records within the thirty-day (30) period or make other arrangements, the City may
close the request and re-file the assembled records.
7. Providing copies of records. After inspection is complete, the public records officer or designee
shall make the requested copies or arrange for copying.
8. Providing records in installments. When the request is for a large number of records, the public
records officer or designee 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
thirty (30) days, the requestor fails to inspect the entire set of records or one or more of the
installments, the public records officer or designee may stop searching for the remaining records
and close the request.
9. Completion of inspection. When the inspection of the requested records is complete and all
requested copies are provided,the public records officer or designee will indicate that the City
has completed a diligent search for the requested records and made any located non-exempt
records available for inspection.
10. 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.
11. Later discovered documents. If, after the City has informed the requestor that it has provided all
available records,the City becomes aware of additional responsive documents existing at the time
of the request, it will promptly inform the requestor of the additional documents and provide them
on an expedited basis.
2.75.050 [Reserved].
2.75.060 Exemptions.
1. The Public Records Act provides that a number of types of documents are exempt from public
inspection and copying. In addition, documents are exempt from disclosure if any "other
statute" exempts or prohibits disclosure. A list of the laws and regulations, outside the Public
Records Act, that restrict the availability of some documents held by City for inspection and
copying, is kept by the Public Records Officer.
2. The City is prohibited by statute from disclosing lists of individuals for commercial purposes.
2.75.070 Costs for providing copies of public records.
1. Costs for paper copies.There is no fee for inspecting public records or for providing documents
by e-mail. A requestor may obtain standard black and white photocopies for 15 cents per page;
and $3.00 per page for large maps, and the actual cost per disk for CD's or other electronic
storage device. There will be no charge for documents provided electronically. Document
copies mailed to the requestor will not be mailed until the fee, plus postage, has been received.
There shall be no charge for document copies faxed locally provided there are ten(10)or fewer
pages; and the 15 cents per page fee will not be charged for less than seven (7) pages per
request, unless the documents are mailed, in which case, the fee and postage will be charged.
Before beginning to make the copies,.the public records officer or designee may require a
deposit of up to ten percent(10%) of the estimated costs of copying all the records selected by
the requestor. The public records officer or designee 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
when it makes copies of public records.
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2. Costs of mailing. The City may also charge actual costs of mailing, including the cost of the
shipping container.
3. Payment. Payment may be made by cash, check, or money order payable to the City of
Spokane Valley.
2.75.080 Review of Denials of public records.
1. Petition for internal administrative review of denial of access. Any person who objects to the
initial denial or partial denial of a records request may petition in writing (including e-mail)to
the public records officer for a review of that decision. The petition shall include a copy of or
reasonably identify the written statement by the public records officer or designee denying the
request.
2. Consideration of petition for review. The public records officer shall promptly provide the
petition and any other relevant information to the public records officer's supervisor or other
City official designated by the City to conduct the review. That person will immediately
consider the petition and either affirm or reverse the denial within two (2) business days
following the City's receipt of the petition, or within such other time as City and the requestor
mutually agree.
3. Judicial review. Any person may obtain court review of denials of public records request
pursuant to RCW 42.56.550 at the conclusion of two(2)business days after the initial denial.
Section 3. Severability. If any portion of this ordinance or its application to any person or
circumstances is held invalid, the remainder of the Ordinance or the application or the provision to other
persons or circumstances shall not be affected.
Section 4. Effective Date. The Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as
provided by law.
PASSED by the City Council this 10th day of April,2007.
/r -s`?°";'- Mayor,Diana Wilhite
ity-Clerk,Christine ainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication: d
Effective Date: .� -) .el 7
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