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Home My WebLink AboutO-1274 - Public records (Repealed by 2964)xc ~z,BI"I31e-Pt.\b ... 3 ttw6 ReCDl"~-0 Gte-'\'\<.... CIT Y 0 F MAR Y S V ILL E Marysville,Washington ORDINANCE NO.I)7 L( AN ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING A NEW CHAPTER IN TITLE 1 OF THE MARYSVILLE MUNICIPAL CODE RELATING TO PUBLIC RECORDS THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.Purpose.The intent of this chapter is to provide full public access to non-exempt public records,to pro- tect public records from damage or disorganization,and to pre- vent excessive interference with other essential functions of the City.The provisions of this chapter shall be construed in con- junction with Chapter 42.17 RCW,Chapter 40.14 RCW and Chapter 10.97 RCW. Section 2.Definitions. 1."Public Record"includes any writing containing infor- mation relating to the conduct of government or the performance of any governmental or proprietary function prepared,owned,used or retained by the City or any board,commission,official,employee or agent thereof,regardless of physical form or characteristics. 2."~7riting"means handwriting,typewriting,printing, photostating,photographing and every other means of recording any form of communication or representation,including letters, words,pictures,sounds or symbols,or combination thereof,and all papers,maps,magnetic or paper tapes,photographic films and prints,magnetic or punched cards,disks,drums and other documents. 3."Exempt Public Records"shall include all public records,or portions thereof,which are defnined as being exempt from public inspection and copying by RCW 42.17.310,and all por- tions of criminal history record information which are defined as beinq exempt by Chapter 10.97 RCW.Further,exempt public records shall include privileged communications between attorney and client, the work-product of City employees and agents in connection with pending or threatened litigation,and all materials and communica- tions relating to pending real estate transactions and labor nego- tiations. Ordinance - 1 ~ .' ,'".n ~~.-' 4."Criminal History Record Information"means all matters included in the definition of said term in RCW 10.97.030.It shall not include data contained in intelligence,investigative or other related files. Section 3.Access to Public Records.Non-exempt public records shall be available for inspection and copying,and the City,upon request for identifiable pUblic records,shall make them promptly available to any person.All requests for public records shall be in writing using forms furnished by the City Clerk.Public records shall be available for inspection and copying during all office hours of the City administrative staff. The City shall honor requests received by mail for identifiable public records.To the extent required to prevent an unreason- able invasion of personal privacy,the City shall delete identi- fying details when it makes available or publishes any public record;however,in each case,the justification for the dele- tion shall be explained fully in writing.Criminal history record information consisting of non-conviction data shall be deleted pursuant to RCW 10.97.060. Section 4.Disclosure for Commercial Purposes Prohibited. The City shall not give,sell or provide access to lists of indi- viduals requested for commercial purposes.Provided,however,that lists of applicants for professional licenses and of professional licensees shall be made available to those professional associa- tions or educational organizations recognized by their professional licensing or examination board. Section 5.Authorization Required for Public Disclosure. No criminal history record information shall be disclosed to the public without the request for the same first being approved by the Chief of Police or his designee.No other public records shall be disclosed to the public without the request for the same first being approved by the City Administrator or his designee. Section 6.Copying Charges.No fee shall be charged for the inspection of pUblic records.If the requesting party desires copies of public records,said party shall pay the City the follow- ing fees,in advance: (a)$0.15 per page; (b)$2.00 for maps and other oversized documents; (c)$6.00 for oversized documents requiring special handling; Ordinance - 2 ·~ ••/,.' (d)$10.00 for duplicating each tape cassette used in recording a public meeting or public hearing. The requesting party must furnish an adequate number of blank tape cassettes. (e)If the City is requested to mail copies of public records,the requesting party shall pay all mail- ing costs incurred. (f)If the request reasonably requires in excess of fifteen minutes staff time in searching for and copying the public records,a fee of $10.00 per hour shall be charged to the requesting party. Section 7.Records as Public Property.All public records shall be and remain the property of the City.They shall be deliv- ered by outgoing officials and employees to their successors.Pub- lic records shall be preserved,stored,transferred,destroyed and otherwise managed only in accord with the provisions of this Chapter and applicable state laws. Section 8.Custody of Public Records.The original copy of all public records shall be and remain in the custody of the City Clerk.They shall not be placed in the custody of any other person or agency,public or private,or released to individuals except for disposition or destruction as provided by law. Section 9.Retention/Destruction of Public Records.Subject to the approval of the city Council,the City Records 'Clerk ,:sha:lT ~! establish a Records Control Program including a retention/destruction schedule for all public records of the City.Said schedule shall be kept on file in the office of the City Clerk and shall be available for public inspection.Said schedule shall be submitted for approval by the Local Records Committee of the Washington State Division of Archives and Records Management.No public record of the City shall be destroyed except in compliance with the approved Records Control program,pursuant to RCW 40.14.070,and except upon written and wit- nessed documentation of such destruction by the City Records Manager. ~9~PASSED by the City Council and APPROVED by the Mayor this Jt!:JJ-day of #4AUM~,1983. '( tl.AYOR Ordinance - 3 •"Ii.''.1"."'~ APPROVED AS TO FORM: ATTEST: ~~,BY ~~C1TYCLERK Ordinance - 4 _.,,-,.~ 1383 l-H~:-t :)I rr I:58 AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss, __________e!~~_:l:_?_!.._~~l??~?!'_~~_,being first duly sworn on oath deposes and says that he is the ,.._.f!_~~r_~:t.~_~.Y _ of THE MARYSVILLE GLOBE, a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941, and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a ________9!_~~_a..~~~__!.?_LY.-as it was published in regular issues (and not in supplement form)of said newspaper once each week for a period of _l?~!'con- secutive weeks,commencing on the _2n.<;!day of _~_a}~g.h, 83.2nd March 8319 , and ending on the day of • 19 • both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the;sum of $~~?_·_~9__,which amount has bee paid in full ()ilJ Q.~JL________~__~ Subscribed .a:to before me this iLtf2~__ day of ----~.~~.~~~.....w •• Notary Public in and for the State of Washington, Residing at Marysville. CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.1274 , ORDltIANCI;.OF THE CITY OF MARYSVILLE ADOPTING A NEW CHAPTER IN TITLE 1 ~F'"THE MARYSVILLE MUNICIPAL CODE RELATING TO PUBLIC ~~~~R~~y COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO OR- OAIN AS FOLLOWS:,'. Section 1.purpose.The intent of this chapter is to provide full p~bllC acces~to non- exempt public records,to protect public records fr~m damage or dISorg~nlzatlon,an~ to prevent excessive interference with other essen!lal f~nctlo.ns of the City.The provi slons of this chapter shall be construed in conlunctlon With Chapter 42.17 RCW, Chapter 40.14 RCW and Chapter 10.97 RCW. Section 2.Definitions.. . h 1 "PUblic Record"includes any writing containing information rela!lng to t e c~>n' duct of government or the performance of any governmental or propr!et~ry fUf7~t!Or prepared,owned, used or retained by the City or any board,commls~lon,0 ICla. employee or agent thereof,regardless of physical f?~m or ch~r~cteristlcs. 2."Writing"means handwriting,typewriting,printing,photo.statlng. photographing and every other means of recording any form of communlc!ion.or representation,including letters/words,pictures.sounds or symbols,or For~,"at'o~ thereof,and <III papers,maps,magnetic pr paper tapes,photo$lraph c I ,"S an n ..int~,maane.tic or ouncnee cards,disks.c!r:-url'l.s and other documents. 3."Exempt Public Records"shi!!U Inclu'de all public records,or portions'"hereof Which are 'defined as being exempt'from public Inspection and copying b,YRC\Il 42.17.310,and all portions of criminal history record information which are defined a: being exempt by Chapter 10.97 RCW.Further.exempt public records shalr InclUdl privileged communications between attorney and client,the work-product ,of Cit, employees and agents In connection with pending or threatened litigation.and al materials and communications relating to pending real estate transactions and labol negotiations. 4."Criminal History Record Information"means all matters lncluded in the definl tlon of said term in RCW 10.97.030.It shall not Include data contained In intelligence Investigative or other related flies. Section 3. Access to Public Records.Non'exempt public records Shall be availabl' for inspection and copying,and the City,upon request for Identifiable public records shall make them promptly available to any person.All requests for public record shall be In writing using forms furnished by the City Clerk.Public records shall bl available for Inspection and copying during all office hours of the City administratlv, staff.The City shall honor requests recelv'ed by mail for identifiable public records To the extent required to prevent an unreasonable invasion of personal privacy,th, City shall delete Identifying details when it makes available or publishes any pUbli, record;however,In each case, the lusiflcation for the deletion shall be explained full- In writing.Criminal history record Information consisting of non·conviction tlata shal be deleted pursuant to RCW 10.97.060. Section 4.Disclosure for Commercial Purposes Prohibited. The City shall not give,sell or provide access to lists of individuals requested fo commercial purposes.Provided,however,that lists of applicants for professlona licenses and of professional licensees shall be made available to thos~professlona associations or educational organizations recognized by their professional licenslnl or examination board. Section 5.Authorllatlon Required for Public Disclosure. No criminal history record Information shall be disclosed to the public without thl request for the same first being approved by the Chief of Police or his deSignee. NI other public records shall be disclosed to the public without the request for the sam, first being approved by the City Administrator or his designee. Section 6.Copying Charges.No fee shall be charged'for the Inspection of publil records.If the requesting party desires copies of public records,said party shall pal the City the following fees. In advance; (a)$0.1.5 per page; (b)$2.00 for maps and other oversized documents; (c)56.00 for oversized documents requiring special handling; (d)$10.00 for duplicating each tape cassette used in recording a public meeting 01 public hearing.The requesting party must furnish an adequate number of blank tapl cassettes. (e)If the City Is requested to mall copies of public records.the requesting part, shall pay all mailing costs Incurred. ,(f)If the request reasonably requires in excess of fifteen minutes staff time In sear ching for and copying the public records,a fee of $10.00 per hour shall be charged te the requesting party.. Section 7.Records as Public Property.All public records shall be and remain the property of the City.They shall be delivered by outgoing officials and employees te their successors.Public records shall be preserved,stored,transferred,destroye( and otherwise managed only in accord with the provisions of this Chapter and ap pllcable state laws. Section 8.Custody of Public Records.The original copy of all public records snat be and remain in the custody of the City Clerk.They shall not be placed in the cusroe, of any other person or agency,public or private,or released to individuals except fOI disposition or destruction as provided by law. Section 9.Retention/Destruction of Public Records.SUbject to the approval of the City Council,the City Records Clerk shall establish a Records Control program In clu<ting a retention/destruction schedule for all publiC records of the Ci.ty. Sale schecwle shall be kept on file in the office of the City Clerk and shall be available fOI pUblic inspection.Said schedule shall be sumitted for approval by the Local Record! Committee of the Washington State Division of Archives and Records Mangement,N( publlc record of the City shall be destroyed except in compliance With the approvec Records Control Program,pursuant to RCW 40.1-4.070,and except upon written anc witnessed documentation of such destruction by the City Records Clerk. PASSED by the Cltv council and APPROVED by the Mayor this 28th day 01 February,1983.' THE CITY OF MARYSVILLE By Daryl Brennick,Mayor Publ tshed:Mar.;ch 2,199: