HomeMy WebLinkAboutR-2007-038 Removing City Clerk as the Public Records OfficerRESOLUTION NO. R-2007- 38
A RESOLUTION removing the City Clerk as the public records officer for the City of Yakima
and appointing the Public Records Officer to serve in such capacity.
WHEREAS, Second Substitute House Bill 1758, which was passed by the 2005
Legislature (Chapter 483 of the Washington Laws of 2005) requires that all state and local
government agencies appoint and publicly identify a public records officer whose responsibility
is to serve as a point of contact for members of the public in requesting disclosure of public
records and to oversee the agency's compliance with the public records disclosure
requirements under Washington law; and
WHEREAS, in November 2005, the City of Yakima appointed the City Clerk as the
public records officer; and
WHEREAS, since then the City has created and filled a new Public Records Officer
position in the City Clerk's Office to perform this service; and
WHEREAS, it has been determined that the appropriate party to be the public records
officer for the City of Yakima is the Public Records Officer; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. Pursuant to Chapter 483, section 3 of Washington Laws of 2005, the City Clerk is
hereby removed as the public records officer for the City of Yakima and the City of Yakima
Public Records Officer is hereby designated as the public records officer for the City of Yakima.
2. The person to whom members of the public may direct requests for disclosure of
public records of the City of Yakima and who will oversee the City of Yakima's compliance with
the public records disclosure requirements of the public disclosure laws of the State of
Washington as now or hereafter amended is:
Public Records Officer
City Clerk's Office
129 North Second Street
Yakima, Washington 98901
3. Notice of the designation of the City of Yakima's public records officer shall be made
in a manner reasonably calculated to provide notice to the public of such designation, said
notice to include, but not be limited to, the following: posting at City Hall and other City of
Yakima buildings, posting on the City's internet website, and inclusion in other appropriate City
publications.
ADOPTED BY THE CITY COUNCIL this 20th day of
ATTEST:
Deborah Moore, City Clerk
rch, 2007
David Edler, ayor
ADM 1500
March 20, 2007
PUBLIC RECORDS DISCLOSURE POLICY
The City of Yakima is committed to providing full access to public records in accordance with the
Washington State Public Records Act (RCW Chapter 42.56). The purpose of the Act is to provide
the public with full access to records concerning the conduct of government, mindful of individual
privacy rights and the desirability of the efficient administration of government. This administrative
regulation is adopted to establish the procedures the City of Yakima will follow to provide for the
fullest assistance to requestors and the most timely possible action on requests while protecting
public records from damage and preventing "excessive interference with other essential agency
functions." RCW 42.56.100. This regulation supersedes prior versions of ADM 1500 and is subject
to revision at any time.
Central and Field Offices. The City of Yakima's central office is City Hall, located at 129 North
Second Street in Yakima, Washington 98901. The City has field offices in various locations for
Departments such as the Police Department, the Fire Department, the Department of Public Works,
the Wastewater Division, and Municipal Court. More information regarding the City of Yakima and
its field offices may be obtained through the City's website, wwnrv,ci_yakima yv ,iis.
Public Records Officer. The City of Yakima has publicly identified a Public Records Officer whose
responsibility is to serve as a point of contact for Public Records Act requests. The Public Records
Officer oversees compliance with the Washington State Public Records Act, although other city staff
members may process public records requests.
How to Request Records. Any person wishing to request access to public records' or seeking
assistance in making such a request should direct their request to the Public Records Officer. The
Public Records Officer is located at:
Public Records Officer
City Clerks Office
129 North 2nd Street
Yakima, Washington 98901
Phone: (509) 575-6037
Fax: (509) 576-6614
Email: publicrecprris@lci yakima,wa.us
The City Clerk's office hours are 8 a.m. to 5 p.m., Monday through Friday, excluding holidays. A
variety of records are available on the City's website at wrww.ci.y kima.wau.us. Requestors are
encouraged to view records available on the website prior to submitting a records request.
1 Public records are defined as "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
any state or local agency regardless of physical form or characteristics." RCW 42.17.020(41). "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." RCW 42.17.020(48).
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Requestors who are only seeking records from individual Departments may contact those
Departments directly at the following locations, Monday through Friday, excluding holidays:
Yakima Police Department
Attn: Police Services Supervisor/Disclosure
200 South Third Street
Yakima, Washington 98901
Phone number: (509) 575-6220
Fax number: (509) 575-3032
Office Hours: 8 a.m. to 9 p.m.
Public Safety Communications (911)
Attn: Manager/Public Disclosure
200 South Third Street
Yakima, WA 98901
Phone number: (509) 575-3536
Fax number: (509) 576-6555
Office Hours: 8 a.m. to 4:30 p.m.
Yakima Fire Department
Attn: Fire Secretary/Disclosure
401 North Front Street
Yakima, Washington 98901
Phone number: (509) 575-6060
Fax number: (509) 576-6356
Office Hours: 8 a.m. to 5 p.m.
Yakima Municipal Court files are not subject to the Public Records Act. Access to these records
may be sought by contacting the Municipal Court directly.
Form of the Request. Requests for records should be in writing. Requestors are encouraged to
use forms prescribed by the City Clerk, which are available at the City Clerk's Office and on the City
of Yakima's website. Requests may be submitted in person, by mail, fax, or e-mail. E-mail will be
considered received on the date the message is stamped "received", not on the date sent.
Requestors seeking records from individual Departments should use the forms provided by those
Departments. Requests should include the following information:
1. The name, mailing address, and daytime phone number of the person making the
request;
2. The date of the request; and
3. The nature of the request, including an identification of the public records adequate for
the City Clerk or designee to be able to locate the records.
Response to Requests. The City will process requests in the order allowing the most requests to
be processed in the most efficient manner. Within 5 business days of receiving a request, the City
will either (1) provide the record; (2) acknowledge that it has received the request and provide a
reasonable estimate of the time it will require to respond to the request; or (3) deny the request.
RCW 42.56.520. Additional time to respond may be based on the need to clarify the intent of the
request, to locate and assemble the records, to notify third persons or agencies affected by the
request and provide such persons with the opportunity to seek a court order preventing disclosure
where appropriate, and/or to determine whether any of the information requested is exempt from
disclosure. Id. If a requestor fails to clarify an unclear request, the City will treat the request as
having been withdrawn.
Requested records may be made available on a partial or installment basis. If an installment is not
claimed, the City will not fulfill the balance of the request. RCW 42.56.120.
All denials of requests for public records will be accompanied by a written statement specifying the
reason(s) for the denial, including a statement of the specific exemption authorizing the withholding
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of the record and a brief explanation of how the exemption applies to the record withheld. RCW
42.56.210(3).
This policy does not require the City to answer written questions, create new public records, or
provide information in a format that is different from original public records.
Preservation of Public Records. No member of the public may remove a public record from a
viewing area or disassemble or alter any public record.
Mechanism for Review of Denial. Any person who objects to the denial of a public records
request may petition in writing 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. The Public Records Officer shall perform a review of the
denial as promptly as possible. Pursuant to state law, the review shall be deemed concluded at the
end of the second business day following the denial. RCW 42.56.520.
Fees. The fees for copies of public records are as stated in the attached Fee Schedule. Copying
fees reflect the actual cost of providing photocopies or reproductions of requested records. When
public records are mailed to a requestor, a charge for postage and the cost of the envelope or
container used may be added if the envelope and postage charge is $4.00 or more. No fee is
charged for inspection of a public record or for locating a record. Fees may be waived due to the
few number of copies made or other circumstances. When a change in the established cost
schedule is required, the City Clerk, in consultation with appropriate Department(s), shall change
the schedule by filing a new Fee Schedule. Payment of fees is required prior to release of records
unless other arrangements have been made.
Deposit. The City may require a deposit of up to 10% of the estimated cost of copying records
prior to copying any records for a requestor. The City may also require payment of the remainder of
the cost before providing all of the records, or the payment of the costs of copying an installment
before providing that installment. RCW 42.56.120.
Organization of Public Records. The City finds that maintaining an index as provided in RCW
42.56.070(3) for use by the public would be unduly burdensome and would interfere with agency
operations given the high volume, various locations, and types of public records received,
generated, and otherwise acquired by the City. RCW 42.56.070(4). Notwithstanding the foregoing,
the City will maintain its records in a reasonably organized manner and take reasonable actions to
protect records from damage and disorganization.
Records and Information Exempt from Public Disclosure. The Public Records Act provides that
a number of types of documents are exempt from public inspection and copying. RCW 42.56.230
through 42.56.480 contain a Targe number of exemptions from public inspection and copying.
RCW 42.56.070(9) specifically prohibits the City from disclosing lists of individuals for commercial
purposes. In addition, documents are exempt from disclosure if any "other statute" exempts or
prohibits disclosure. RCW 42.56.070(1). Requestors should be aware of the following exemptions
that restrict the availability of some documents held by the City. This list is not exclusive.
RCW 42.56.230(2) Personal information in files maintained for employees, appointees, or
elected officials to the extent disclosure would violate their right to privacy.
RCW 42.56.240(1) Specific intelligence information and specific investigative records compiled
by investigative, law enforcement, and penology agencies, the nondisclosure
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of which is essential to effective law enforcement or for the protection of any
person's right to privacy.
RCW 42.56.250(1) Test questions, scoring keys, and other examination data used to administer
a license, employment or academic examination.
RCW 42.56.250(2) All applications for public employment, including the names of applicants,
resumes, and other related materials submitted with respect to an applicant.
RCW 42.56.250(3) Residential addresses, residential telephone numbers, personal wireless
telephone numbers, personal electronic mail addresses, social security
numbers, and emergency contact information of employee or volunteers of a
public agency, and the names, dates of birth, residential addresses,
residential telephone numbers, personal wireless telephone numbers,
personal electronic mail addresses, social security numbers, and emergency
contact information of dependents of employees or volunteers of a public
agency that are held by any public agency in personnel records.
RCW 42.56.250(5) Investigative records compiled by an employing agency conducting a current
investigation of a possible unfair practice under chapter 49.60 RCW or of a
possible violation of other federal, state, or local laws prohibiting
discrimination in employment.
RCW 42.56.290 Preliminary drafts, notes, recommendations, and intra -agency memorandums
in which opinions are expressed or policies formulated or recommended are
exempt, except that a specific record is not exempt when publicly cited by an
agency in connection with any agency action.
RCW 42.56.070(1); RCW 5.60.060(2)(a); RCW 42.56.290; CR 26(b)(4) Attorney-client privileged
communications and attorney work product.
Information on sex offenders
Privileged communications
Court-ordered mediation records
RCW 7.07 Mediation communications under the Uniform Mediation Act
Child victims and witnesses
Financial institution records
Grand jury records/information
Special inquiry judges
Records identifying child victim of sexual assault
Records of persons committed for criminal insanity
Criminal Records Privacy Act
Juvenile records
Missing children information
Confidentiality of information gained by CPA
Disposal of personal information
Uniform Parentage Act
Confidentiality of genetic testing
Adoption records
Records of child abuse and neglect
Records identifying the location of archaeological sites
Preservation and destruction of public records
Municipal officer disclosure of confidential information prohibited
Traffic records
Local government insurance transactions
Employment security records
Worker's compensation records
Physician information on injured workers
RCW 4.24.550
RCW 5.60.060
RCW 5.60.070
RCW 42.56.600;
RCW 7.69A
RCW 9A.82.170
RCW 10.27
RCW 10.29
RCW 10.52.100
RCW 10.77.210
RCW 10.97
RCW 13.50
RCW 13.60.020
RCW 18.04.405
RCW 19.215
RCW 26.26.041
RCW 26.26.450
RCW 26.33
RCW 26.44
RCW 27.53.070
RCW 40.14
RCW 42.23.070
RCW 46.52
RCW 48.62.101
RCW 50.13
RCW 51.28.070
RCW 51.36.060
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RCW 60.70.040 No duty to disclose record of common law lien
RCW 68.50.105 Autopsy reports
RCW 68.50 320 Dental identification records
RCW 42.56.360(2); RCW 70.02 Medical Records
RCW 70.05.170 Child mortality records
RCW 70.24 Public health records
RCW 70.48.100 Jail records and booking photos
RCW 70.96A.150 Alcohol and drug abuse treatment programs
RCW 71.05 Mental health records
RCW 71.34 Mental health treatment of minors
RCW 71A.14.070 Records regarding developmental disability
RCW 72.09.345 Notice to public about sex offenders
RCW 74.34.095 Abuse of vulnerable adults — investigations and reports
RCW 82.32.330 Disclosure of tax information
42 USC § 290dd-2 Confidentiality of Substance Abuse Records
42 USC 405(c)(2)(vii) Limits on Use and Disclosure of Social Security Number
42 CFR Part 2 Confidentiality of Alcohol and Drug Abuse Patient Records
45 CFR 160-164 Health Insurance Portability and Accountability Act (HIPAA)
ATTACHMENT TO ADM 1500
March 20, 2007
CITY OF YAKIMA, WASHINGTON
FEE SCHEDULE
Black and White Standard Photocopies, per page $0.25
Color Standard Photocopies, per page $0.40
Audiotape, per tape, blank cassette provided No charge
Blank cassette not provided $0.70
Photographs on photography paper, per page $0.70
CD -Rom, blank CD provided No charge
Blank CD not provided $0.20
DVD video, up to one hour $20.00
Each additional hour $15.00
City Clerk:
Ordinance or Resolution, first copy No charge
Agenda Packet, first copy No charge
Yakima Municipal Code Book $75.00
Supplements Actual cost
Engineering and Code Administration
Maps:
Zoning Maps:
44" x 6' large wall map $20.00
42" x 24" small wall map $10.00
Boundary Maps:
44" x 6' large wall map $15.00
42" x 24" small wall map $10.00
Small boundary map - black & white $1.00
Land Use Maps $15.00
R/R Area Map $6.00
Publications:
Master Business List (non-commercial use only) $15.00
New Business List $3.00
Zoning Ordinance $5.00
Aerial maps (small) $3.00
(24 x 60) $5.00
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Police Department: *
Patrol car video on DVD, per DVD $1.00
Digital Photographs on CD -Rom, per CD $1.50
Traffic Accident Report, per report $5.00
Police Department Annual Report
First copy no charge
Additional copies $5.00 ea.
Other:
Printed publications not specified herein City's cost
* The Police Department has a fee schedule for other services such as record checks,
verification letters, and fingerprints. Please contact the Police Department for the current fees
for these services.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: 3/20/07
ITEM TITLE: Consideration of a resolution removing the City Clerk as the public records officer for the
City of Yakima and appointing the Public Records Officer to serve in such capacity.
SUBMITTED BY: Dave Zabel!, Assistant City Manager
CONTACT PERSON/TELEPHONE: Deborah Moore, City Clerk 575-6037
SUMMARY EXPLANATION:
The Public Records Act, RCW Chapter 42.56, requires that all state and local government agencies appoint
and publicly identify a public records officer whose responsibility is to serve as a point of contact for members
of the public requesting disclosure of public records and to oversee the agency's compliance with the public
records disclosure requirements under Washington State law.
In November 2005, the City appointed the City Clerk to serve in such capacity. However, since then, the City
has created and filled a new position entitled Public Records Officer to provide that service. Attached is a
resolution removing the City Clerk and appointing the Public Records Officer to serve in that capacity.
Also attached for your information is a copy of the City's newly revised Public Records Disclosure Policy. The
Policy is an administrative regulation issued by the City Manager. It is maintained in the City's Administrative
Code and will be posted on the Internet and in other public places. The new Policy incorporates changes in
public disclosure law, including the re -codification and renaming of the Public Disclosure Act as the Public
Records Act, RCW Chapter 42.56, in July 2006. Every City employee will receive a copy of the policy and
related materials describing the importance of retaining and disclosing public records in accordance with state
law.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address): Phone:
Funding Source: N/A
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMf 'a<i' 1 &opted. RESOLUTION NO. R-2007-38
COUNCIL ACTION: