HomeMy WebLinkAbout08/21/2018 06F Index Pursuant to RCW 42.56.070 Unduly Burdensome; Public RecordsITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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Item No. 6.F.
For Meeting of: August 21, 2018
Resolution holding that maintaining an index pursuant to RCW
42.56.070 would be unduly burdensome
Sonya Clear Tee, City Clerk
Bronson Faul, Senior Assistant City Attorney
SUMMARY EXPLANATION:
On July 23, 2017, the Washington State legislature enacted new requirements regarding an
agency's requirements under RCW 42.56 the Public Records Act.
The Public Records Act requires all cities and public agencies to maintain and make available a
current index of certain public records and provides that if maintaining such an index would be
unduly burdensome, or would interfere with agency operation, a city need not maintain such an
index but it must issue and publish a formal order specifying the reasons why and the extent to
which compliance would be unduly burdensome.
The City Council has determined it is unduly burdensome to maintain an index of its records and
would interfere with agency operation and detract from the purpose of providing essential
services to citizens of the City of Yakima for the following reasons: 1) The City of Yakima is
comprised of 10 departments and many of those departments consist of several subdivisions; 2)
Each individual subdivision performs a unique public service; 3) Each individual subdivision may
utilize and produce various forms or "writings" as defined in RCW 42.56, the Public Records Act;
4) These writings may be maintained in several formats including, but not limited to: paper
records, computer files, photographs, audio recordings, video recordings, and others; 5) Filing
systems vary from division to division due to different paper filing systems and computer
programs used by each subdivision and the type and number of records is constantly changing;
and, 6) Subdivisions of the City of Yakima are physically located at various places within the City.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Trust and Accountability
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APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution re holding index to be unduly burdensome 7/2/2018 Resolution
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RESOLUTION NO. R -2018-
A RESOLUTION holding that maintaining an index pursuant to RCW 42.56.070 would be
unduly burdensome.
WHEREAS, on July 23, 2017, the Washington State legislature enacted new requirements
regarding an agency's requirements under RCW 42.56 the Public Records Act; and
WHEREAS, the Public Records Act requires all cities and public agencies to maintain and
make available a current index of certain public records; and,
WHEREAS, the Public Records Act provides that if maintaining such an index would be
unduly burdensome, or would interfere with agency operation, a city need not maintain such an
index but it must issue and public a formal order specifying the reasons why and the extent to
which compliance would be unduly burdensome.
WHEREAS, the City Council has determined it is unduly burdensome to maintain an index
of its records and would interfere with agency operation and detract from the purpose of providing
essential services to citizens of the City of Yakima for the following reasons:
1) The City of Yakima is comprised of 10 departments and many of those departments
consist of several subdivisions: and,
2) Each individual subdivision performs a unique public service; and,
3) Each individual subdivision may utilize and produce various forms or "writings" as
defined in RCW 42.56, the Public Records Act; and,
4) These writings may be maintained in several formats including, but not limited to:
paper records, computer files, photographs, audio recordings, video recordings, and
others; and,
5) Filing systems vary from division to division due to different paper filing systems and
computer programs used by each subdivision and the type and number of records is
constantly changing; and,
6) Subdivisions of the City of Yakima are physically located at various places within the
City.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City council has determined the City of Yakima will not maintain a current index of
public records as set forth in RCW 42.56.070 based upon the reasons listed; provided, that the
City of Yakima will maintain its records in a reasonably organized format and make public records
available for review and copying to the extent the records are not exempt from review or copying.
ADOPTED BY THE CITY COUNCIL this 21s1 day of August, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk