Ordinance 18-018 Public Records CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 18-018
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING CHAPTER 2.75 OF THE SPOKANE VALLEY MUNICIPAL CODE
PERTAINING TO PUBLIC RECORDS,AND OTHER MATTERS RELATED THERETO.
WHEREAS, chapter 42.56 RCW, the Public Records Act, sets forth requirements for cities to
respond to public records requests; and
WHEREAS, to meet its public records request requirements pursuant to chapter 42.56 RCW, the
City has adopted chapter 2.75 of the Spokane Valley Municipal Code(SVMC); and
WHEREAS, in 2017, the Legislature amended portions of chapter 42.56 RCW relating to how
cities respond to and document requests in relation to accessing public records; and
WHEREAS, in 2018, the Washington Attorney General's Office adopted updated model rules
relating to public records, set forth in chapter 44-14 WAC; and
WHEREAS,the City has determined that chapter 2.75 SVMC requires updates in order to remain
consistent with chapter 42.56 RCW, to incorporate appropriate aspects of the new model rules set forth in
chapter 44-14 WAC, and to update certain factual information such as the contact information; and
WHEREAS, pursuant to RCW 42.56.570(4),the City has consulted the updated model rules.
NOW, THEREFORE, the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend chapter 2.75 SVMC relating to requests
for public records.
Section 2. Amendment. Chapter 2.75 SVMC is hereby 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, as such term is defined in chapter 42.56 RCW (the "Act"), in accordance with published rules.
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 2.75 SVMC is to establish the procedures the City will follow in order to
provide full access to public records as required by the Act.This chapter 2.75 SVMC provides 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 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 2.75 SVMC are interpreted in favor of disclosure. In carrying out
its responsibilities under the Act, the City shall be guided by the provisions of the Act describing its
purposes and interpretation.
Ordinance 18-018,Public Records Page 1 of 6
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 10210 E. Sprague Avenue,Spokane Valley,WA 99206. The City also has offices
at CenterPlace Regional Event Center, located at 2426 N. Discovery Place, Spokane Valley, WA 99216;
the Public Works Maintenance Shop, located at I7002 E. Euclid, Spokane Valley, WA 99216; and the
Spokane Valley Police Precinct, located at 12710 E. Sprague Avenue, Spokane Valley, WA 99216.
B. The City Clerk is appointed as the City's public records officer. Any person requesting access to public
records of the City or seeking assistance in making such a request may contact the public records officer of
the City:
City Clerk
City of Spokane Valley
10210 E. Sprague Avenue
Spokane Valley, WA 99206
Phone: 720-5102
Information is available at the City's website at http://www.spokanevalley.org.
C. The public records officer shall oversee the City's compliance with the Act, provided, however, that
other City staff members may and shall process and assist with processing public records requests as
required by the Act and public records officer to ensure City compliance. Unless otherwise stated herein,
any reference to public records officer shall include any designee. The public records officer and the City
shall provide requesters the fullest assistance, as set forth in SVMC 2.75.040; ensure that public records
are protected from damage or disorganization; and prevent the fulfilling of public records requests from
causing excessive interference with essential functions of the City. City officials and staff, including the
public records officer, shall periodically attend training as necessary to meet the requirements of the Act.
The City shall document such training.
2.75.030 Availability of public records.
A. 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 chapter 2.60 SVMC). Records shall only be inspected at City offices,preferably by appointment.
B.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.
C. Organization of Records.The City shall maintain its records in a reasonably organized manner.The City
shall take reasonable actions to protect records from damage and disorganization. A requestor may 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 website
prior to submitting a records request.
D. Making a Request for Public Records.
1. Any person wishing to inspect or have copies of public records of the City should make the request in
writing on the City's website, or on a public record request form which may be submitted in person, by
email, or US mail, addressed to the public records officer. As required pursuant to the Act,the City shall
respond to any lawful record request for an identifiable record. The request should include the following
information: name of requestor;complete mailing address ofrequestor;other contact information,including
telephone number and any e-mail address; identification of the public records sought adequate for the City
to locate the records; and the date and time of day of the request.
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2. If the requestor requests copies of the records instead of simply inspecting them, the requestor should
so indicate and make arrangements to pay for copies of the records or a deposit pursuant to SVMC 2.75.070.
Payment shall be received by the City prior to release of any documents.
3. The City's public request form is available for use by requestors at City Hall and online at:
http://www.spokanevallev.org.
4. If requestors refuse to identify themselves or provide sufficient contact information, the City shall
respond to the extent feasible and consistent with the law.
2.75.040 Processing of public records—General.
A. Providing Fullest Assistance. The public records officer or designee shall take such action as necessary
to provide the fullest assistance to requestors in accessing public records. The public records officer shall
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 shall do one or more of the following:
I. Make the records available for inspection or copying;
2. Provide copies of the records directly to the requestor; provided,however,that the public records officer
may provide such copies in installments. If copies or installments are requested for which there is an
associated City fee, any such fees shall be paid prior to the release of records;
3.Provide an Internet address and/or link to the City's website to the specific records requested,except that
if the requestor 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 requestor to view copies using a City computer, if available
and practical;
4. Acknowledge that the City has received the request and provide a reasonable estimate of when records
or an installment of records will be available. Additional time required to respond may be based upon the
need to clarify the request,to locate and assemble the records,to notify third persons affected by the request,
or to determine whether any information requested is exempt;
5. Acknowledge that the City has received the request and request clarification from the requestor for any
portion of the request that does not sufficiently identify the requested records or that is unclear. Such
clarification request shall also provide a reasonable estimate of when the records will be available if the
request is not clarified. The public records officer may revise the estimate of when records will be available
based upon any subsequent clarification received. In the event the City requests clarification for a records
request in which all or a portion of the request is unclear, and the requestor fails to respond to the City's
request for clarification, the City shall not be required to respond to any portion of the request that was
determined to be unclear and the public records officer may close that portion of the request; 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 documents, the requestor should consider contacting the public records officer
to determine the reason for the failure to respond.
D. Protecting Rights of Others. The public records officer may, prior to providing the records, give notice
of the request and City's determination to disclose the applicable records 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 for a revision of the request,or, if necessary, seek an order from a court to
prevent or limit the disclosure.The notice to the affected persons shall include a copy of the request. Unless
otherwise required by law,nothing herein shall require notice to third parties of any request or decision by
the City to disclose applicable records.
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
shall state the specific exemption and provide a brief written explanation of why the record or a portion of
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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 may 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 for members of the public 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. Once requested records are available for inspection or copies are ready to be paid for and picked up,the
City shall be required to hold such records for inspection or collection for no more than 30 days. 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 refile 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.
H.Providing Records in Installments.The public records officer may,upon determining that it will be most
practical, determine to make copies available on a partial or installment basis. The public records officer
shall notify the requestor when any installment is available and that the requestor may claim the installment
within 30 days after payment for such installment, as required pursuant to SVMC 2.75.070. 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 close the remainder of the request and stop searching for the remaining records.
I. Completion of Inspection. When the inspection of the requested records is complete and all requested
copies are provided, the public records officer shall 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, Abandoned, or Unclarified Request. if the requestor withdraws the request, fails to
respond to a request for clarification, or fails to fulfill his or her obligations to inspect the records or pay a
required deposit, required fees for an installment of copies, or required payment for the requested copies,
the public records officer may close the request and indicate to the requestor that the City has closed the
request.
K. The City may deny a "bot"request, as such term is defined in the Act, pursuant to the procedures set
forth in the Act.
L. Electronic Records. The process for requesting and processing electronic records is the same as for
other paper records. The City may, but is not obligated,to translate,scan,or otherwise provide nonexempt
copies of records in a specific electronic format when requested by the requestor. When provided,
electronic copies shall be provided in the electronic format used by the City that is generally commercially
available, or in a format that is reasonably translatable from the format in which the City keeps the record.
Costs are set forth in the City's fee resolution, available on the City's website at
http://www.spokanevalley.org.
M.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
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request, the requestor will be promptly informed of the additional documents and such documents will be
provided expeditiously.
2.75.050 Reserved.
2.75.060 Exemptions.
A. The 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 Act, that restrict the availability of some documents held by
City for inspection and copying is kept by the public records officer.
B. The City is prohibited pursuant to the Act from disclosing lists of individuals for commercial purposes.
2.75.070 Costs for providing copies of public records.
A. Costs for Paper Copies.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. The fees for public records shall
be determined by separate resolution. There is no fee for inspecting public records, including inspecting
records on the City's website. Document copies provided to the requestor shall not be provided until all
applicable fees,including but not limited to, postage for mailed copies,have been received.Before making
the copies or processing a customized service,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 City may require
payment of applicable fees for the copies in an installment prior to release of the installment. The City will
not charge sales tax for copies of public records.
B. Costs of Mailing. The City will also charge actual costs of mailing, including the cost of the shipping
container.
C. Payment. Payment may be made by cash, check, or money order payable to the City of Spokane Valley.
Payment may also be made by debit or credit card subject to any applicable processing fees.
D. The City may waive any charge assessed when the public records officer determines such waiver to be
in the public interest.
2.75.080 Review of denials of public records.
A. 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.
B. 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 shall immediately consider the petition and either affirm or
reverse the denial within two business days following the City's receipt of the petition,or within such other
time as the City and the requestor mutually agree.
C. Judicial Review. At the conclusion of two business days after the initial denial, any person may obtain
court review of denials of public records requests pursuant to the Act
Ordinance 18-018,Public Records Page 5 of 6
2.75.090 Conflict with chapter 42.56 RCW.
This chapter 2.75 SVMC is intended to comply with the requirements of chapter 42.56 RCW and shall in
no way be construed to supersede or otherwise modify the City's requirements pursuant to chapter 42.56
RCW. In the event any provision of chapter 2.75 SVMC conflicts with a provision of chapter 42.56 RCW,
the provisions of chapter 42.56 RCW shall govern. This chapter 2.75 SVMC shall in no way prevent or
prohibit the City from taking any action authorized pursuant to chapter 42.56 RCW.
Section 3. 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 4, 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 August, 2018
City of Spokane Valley
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ristine Bainbridge, City Clerk !r
Approved as to Form:
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Date of Publicatio : //" f
Effective Date: ; — , ' —" /le
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