AN ORDINANCE relating to local implementation of the Public Records Act for the State of Washington; providing findings, specific rules and requirements towards making public records available in a timely and orderly manner; and adding new sections to Seattle Municipal Code Chapter 3.104, City Records and Books.

WHEREAS, the City is fully committed to a 'culture of compliance' where public records that can be provided to the public are provided in as timely, open, efficient and effective way as possible; and

WHEREAS, the City intends to show that it is consistent with Title 42, Chapter 56 of the Revised Code of Washington (RCW 42.56), concerning the provision of public records, by requiring each department to adopt rules to indicate how they will implement certain requirements of this Act; and

WHEREAS, the City seeks to adopt measures that are consistent with its findings in Resolution 31049 concerning the adoption of plans and policies related to open and participatory government; and

WHEREAS the City has a policy and practice of assisting people with public records requests, producing records in a variety of formats and providing records promptly in response to requests; and,

WHEREAS, RCW 42.56.070 requires all cities and public agencies to maintain and make available a current index of public records with limited exceptions; and

WHEREAS, RCW 42.56.070 also provides that if a city finds that it does not maintain such an index because it would be unduly burdensome or would interfere with city operations, the city must issue and publish a formal Order specifying the reasons why and the extent to which compliance would be unduly burdensome or interfere with city operations; and

WHEREAS, the City is comprised of three distinct branches of government, numerous departments as well as several boards and commissions that independently receive and maintain numerous complex and separate record keeping and filings systems, that may include indexing of records and information; and,

WHEREAS, the City produces or receives such a significant amount of records each day that the development and maintenance of a current index of all City records would be costly and burdensome and provide little benefit to the public compared to the expense associated with its creation and maintenance; and

WHEREAS, RCW 42.56.070 further provides that in spite of such an Order, any such index that is maintained by a city must be made available for public inspection and/or copying; and,

WHEREAS, by May 1, 2010 Council intends to review and assess how each City department has implemented the requirements of this bill related to improving access to public records,

NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new section 3.104.030 is hereby added to the Seattle Municipal Code, as follows:

3.104.030 Public records disclosure Department Policy.

A. By November 1, 2009, each City Department will, by rulemaking, adopt administrative procedures for providing access to public records in accordance with the provisions of RCW 42.56. These procedures will be made available in each department and on their respective websites. Departments may work together to adopt similar or identical rules to comply with this provision. Any such rulemaking will include, but not be limited to, the following provisions:

1. A process to respond promptly to all records requests as required by RCW 42.56.520;

2. Assigning a central point of contact to receive requests;

3. A system that informs a requesting party of the amount of time needed to respond to the request, a reasonable estimate of when responsive records would be available and, if applicable, the reasons why a requested record was not made available;

4. To the extent deemed practicable by the department and without excessive interference with other essential departmental functions, procedures for (a) an internet-based approach that allows for a single step on each departmental website to submit a request for public records; (b) areas for the public to access frequently requested records, and (c) for records to be made available to requesters who request documents in electronic formats;

5. How an appeal of a denial of a records request is submitted;

6. Tracking of all staff time and expenditures related to responses to records requests;

7. A list of applicable exemptions;

8. Charges for providing copies of responsive documents or records that includes waiver or reduced charges for small requests and reasonable charges that reflect actual copying costs for providing documents in an electronic format;

9. The hours and dates when public records are available for inspection and reproduction;

10.Identifying the records retention policies that apply and providing access to applicable record retention policies; and

11. Adoption of a form for submitting records requests.

B. Following the adoption of any such rule, each Department shall submit a written report to the Council within 30 days of its adoption and provide an overview of how the rule complies with requirements for access to public records under RCW 42.56. Departments with substantially similar rules may submit a unified report. The rule shall also be filed with the City Clerk's office pursuant to Seattle Municipal Code 3.02.060.

Section 2. A new section 3.104.040 is hereby added to the Seattle Municipal Code, as follows:

3.104.040 Public records index Findings.

A. The City of Seattle is comprised of three distinct branches of government, numerous departments as well as several boards and commissions that independently receive and maintain numerous complex and separate record keeping and filings systems.

B. The City produces or receives such a significant amount of records each day that the development and maintenance of a current index of all City records would be costly and burdensome and provide little benefit to the public compared to the expense associated with its creation and maintenance.

Section 3. A new section 3.104.050 is hereby added to the Seattle Municipal Code, as follows:

3.104.050 Public Records Index Order Maintenance not required.

A. Pursuant to RCW 42.56.070, the City of Seattle (City) finds that it is not required to maintain a City wide current index of public records because the requirement is unduly burdensome and would interfere with City operations and such a list is nearly impossible to create and/or maintain.

B. Pursuant to RCW 42.56.070, the City shall make available all public records and any indexes created for internal use upon request by any citizen to the extent not exempt from disclosure pursuant to State law or any other applicable law. This includes providing access to applicable records retention schedules for all City departments in accordance with new section 3.104.030.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2009, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2009.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2009.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2009.

____________________________________

City Clerk

(Seal)

Michael Jenkins

Public Records Act

April 24, 2009

CB 116496 v4 clean

Form Last Revised on December 17, 2008 5