HomeMy WebLinkAboutR-2364 - Relating to public records; adopting public records act rules; issuing a formal order that maintaining an index would be unduly burdenson, ordering puCITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO .~
A RESOLUTION OF THE CITY OF MARYSVILLE RELATING TO
PUBLIC RECORDS; ADOPTING PUBLIC RECORDS ACT RULES;
ISSUING A FORMAL ORDER THAT MAINTAINING AN INDEX
WOULD BE UNDULY BURDENSOME, ORDERING PUBLICATION OF
THIS RESOLUTION AND THE PUBLIC RECORDS ACT RULES AND
APPOINTING THE CITY CLERK AS THE PUBLIC RECORDS
OFFICER
WHEREAS, the Public Records Act, RCW 42.56 (PRA), requires cities to adopt rules of
procedure consistent with the intent of the Public Records Act, to provide full public access to
public records, to protect public records from damage or disorganization, and to prevent
excessive interference with essential City functions ; and
WHEREAS , the Public Records Act requires the City to make public records available
for inspection and copying, subject to certain exemptions; and
WHEREAS , the City Council supports the policy of the Public Records Act, to provide
citizens with broad access to public records ; and
WHEREAS, the City Council desires to update its current public records re g ulati o ns in
order to conform with changes to state law ; and
WHEREAS, the attached City of Marysville Records and Information Management Pro gram/
Public Record s Act Rules ("PRA Rules ") fulfill these requirements and were developed usin g the
Attorney General's Office advisory Model Rules for disclosure of public records; and
WHEREAS , RCW 42.56 .070 require s all cities and public agencies to maintain and make
avai lable a current index of public record s; and
WHEREAS, RCW 42.56.070(4) provides that ifmaintaining su ch an index would be undul y
burden so me or interfere with agency operation, a city mu st issue a nd publish a formal order specifying
the reaso ns why and the extent to which compliance would be undul y burdens ome; and
WHEREAS, RCW 42.56.580 require s that each agency appoint and publicly identify a Public
Records Officer and a provide contact information for that Officer ; and
NOW, THEREFORE, B E IT RESOL YEO BY THE C ITY COUNCIL OF THE CITY OF
MARYSVILLE, WASHINGTON AS FOLLOWS:
RESOLUTION Page 1of2
M-14-063/DRAFT PRA RES redlined CLB 7-22-14
Section 1. The attached City of Marysville Records and Information Management Program/
Public Records Act Rules ("PRA Rules") are hereby adopted and incorporated by reference as the PRA
Rules of the City regarding public records requests.
Section 2. The City is comprised of eight departments, with divisions and subdivisions many if
not all of which maintain separate databases and/or systems for the indexing of records and
information -serving over 60,000 residents . Because the City has records which are diverse , complex
and stored in multiple locations and in multiple computer systems, formats and/or databases , it is unduly
burdensome, if not physically impossible, to maintain a current index of all records . In addition , given the
wide range of City activities, the limited staffing levels maintained in each City department the
maintenance of a central index of records would be unduly burdensome. Therefore, the Council finds that
maintaining the index required by RCW 42.56.070(3) would be unduly burdensome and formally orders
that such an index does not have to be maintained as allowed under RCW 42.56.070( 4) however, all
other City indexes are to be avai lable for public inspection and copying in conformity with applicable
la w .
Section 3 . The City Clerk is appointed as the City 's Public Records Officer. The City 's Public
Records Officer will overs ee compliance with the Public Records Act. The City 's Public Record s Officer
may delegate the responsibilities of processing requests to other staff. The City Clerk 's/Public Record s
Officer 's contact information is provided in the attached PRA Rules .
Section 4 . The Clerk is directed to publish this Resolution and the availability of the PRA Rule s,
post and maintain the PRA Rules on the City's website and make the PRA Rules availab le for inspection
and copying at City Hall.
Section 5. If any section, subsection, sentence, clause phrase or work of this Resolution s hould
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality thereof shall not affect the validity or constitutionali ty of any other section, subsection,
sentence, clause, phrase or work of this Resolution.
PASSED by the City Council and APPROVED by the Mayor this l..k}~tlay of July, 2014 .
ATTE~
By -
Apfll'Bfiet1: D~erk
Grant Weed, City Attorney
RESOLUTION
M -14-063/DRAFT PRA RES redlined CLB 7-22-14
CITY OF MARYSVILLE
Page 2of2
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City of Marysville
Records and Information Management Program
The following records and information management program applies to records activity in the City of
Marysville with the exception of municipal court activity. Court records are governed under Washington
State Court General Rules as identified in Section 11.
PUBLIC RECORDS ACT RULES
The Public Records Act (Act), RCW 42.56, requires public agencies to make identifiable, non-exempt public
records available for inspection and copying upon request and to publish rules of procedure to inform the
public how access to public records will be accomplished. Pursuant to Ordinance No. 1274, adopted by the
City Council on February 28, 1983 and amended by Ordinance 2441 on October 14, 2002, the following
Rules for responding to public records/disclosure requests are established.
The purpose of these rules is to provide the public full and timely access to information concerning the
conduct of government, mindful of individuals’ privacy rights and the desirability of efficient
administration of our City government. The Act and these rules will be interpreted in favor of disclosure.
In carrying out its responsibilities under the Act, the City will be guided by the provisions of the Act
describing its purposes and interpretation. Failure to comply with any provision of these rules shall not
result in any liability imposed upon the City other than that required in the Act.
Section 1. Definitions/ Explanations.
a. Public record. A writing, regardless of physical form, containing information relating to the
conduct of government or the performance of any governmental or proprietary function,
prepared, owned, used or retained by the City.
b. Writing. Broadly defined, a writing means handwriting, typewriting, printing, Photostatting,
photographing, and any other means of recording any form of communication, including, but not
limited to, letters, words, pictures, sounds or symbols or their combinations; 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 data compilations from which information may be obtained or translated.
An email is a writing.
c. Identifiable record. An identifiable record is one in existence at the time the records request
is made and that City staff can reasonably locate.
d. Exempt record. All agency records are available for review by the public unless they are
specifically exempted or prohibited from disclosure by law or case law , either in RCW
42.56 or other laws and statutes. The Municipal Research and Services Center maintains an up-
to-date list of current exemptions and prohibitions on their website at www.mrsc.org search
for publication titled “Public Records Act for Washington Cities, Counties and Special Purpose
Districts” (scroll to Appendix C).
e. Counter document. A frequently requested document retained in the Public Records Center
or within departments that is known to be public information and may be released without
need to file a written public disclosure request.
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f. E-mail. Electronic mail is an informational transfer system which uses computers for
sending and receiving messages. It is comprised of individual units of information divided
into an “envelope” and the message contents. The envelope, or message header, contains the
mailing address, routing instructions, transmission and receipt information, and other
information the system needs to deliver the mail item correctly. Classification of emails as
public records is dependent on the content of the message. Email messages are public records
when they are created or received in the transaction of public business and retained as
evidence of official actions.
Section 2. Description of City Services and Central Office.
The City of Marysville is a Washington municipal corporation that provides the full range of traditional
municipal services through its various departments. These functions include but are not limited to
maintaining public records. The City Clerk’s Office shall maintain descriptions of the City’s
organization (Appendix A) and the process through which the public may obtain information from the
City.
The City of Marysville’s City Clerk’s Office is located at Marysville City Hall, 1049 State Ave. Marysville,
WA, 98270, and several field offices are located throughout the City.
Section 3. Public Records Officer.
Any person wishing to request access to public records or seeking assistance in making a request should
contact the City’s public records officer. The City Clerk has been designated by the City Council as the
City’s public records officer.
The Public Records Officer will oversee compliance with the Public Records Act, but may designate
other City staff members who may process requests for public records. For Police records, the Public
Records Officer has designated the Program Specialist.
The Public Records Officer or his designees will provide the fullest assistance to requestors, ensure that
public records are protected from damage or disorganization, and prevent fulfilling public records
requests from causing excessive interference with the essential functions of the City.
When using these Rules, references to the Public Records Officer should be interpreted to also include
his designees.
a. Requests for records other than Police records: Requests to inspect or copy any records
maintained by the City, other than Police records, should be made to the Public Records Officer
at:
Office of City Clerk
Marysville City Hall - Public Records Officer
1049 State Ave.
Marysville, WA 98270
Telephone: 360-363-8000
FAX: 360-363-8042
E-mail: cityclerk@Marysvillewa.gov
b. Requests for Police records: Requests to inspect or copy records maintained by the
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City’s Police Department should be made to the Police Program Specialist at:
Police Records
Marysville Police Department
1635 Grove St.
Marysville, WA 98270
Telephone: 360-363-8300
FAX: 360-659-7667
Email: records@Marysvillewa.gov
c. Internet access to records. Many records are also available on the City of Marysville web site
at: www.marysvillewa.gov Requestors are encouraged to view the documents available on the
website prior to submitting a public records request.
Section 4. Availability of public records.
a. Hours for inspection. Public records are available for inspection and copying during the
City’s normal business hours: Monday through Friday, 8:00 a.m. to 5:00 p.m. (hours may vary
by department), excluding legal holidays. City staff and the requestor may make mutually
agreeable arrangements for times of inspection and copying.
b. Place of inspection. Records will be made available for inspection as determined by the Public
Records Officer. City staff and the requestor may make mutually agreeable arrangements for
inspection if the particular records being sought are maintained at field offices of the City.
A requestor shall not take City records from City offices without the permission of the Public
Records Officer.
c. Electronic access to records. A variety of records are available on the City’s web site at:
www.marysvillewa.gov
To the extent practical, the City will store, maintain, and make its records available electronically.
For those seeking responsive records in electronic format, the City may provide access to public
records by providing links to the web site containing an electronic copy of the record, provide
records on disk, or transmit the responsive record via e-mail. The City can arrange for a computer
terminal for viewing records and information at City Hall or City field office for those without
access to the internet. The Public Records Officer will work with the requestor to determine the
most appropriate method for providing electronic copies of responsive records.
d. Records index. Resolution No. 2364 adopted by Council on July 28, 2014 respectively,
determined that maintaining a central index of City records is unduly burdensome, costly, and
would interfere with City operations due to the number and complexity of records generated as a
result of the wide range of City activities.
The City Clerk will, however, index and maintain the general administrative records in the
Marysville Information Retrieval System (MIRS) to make them available for public inspection and
copying.
Other records that relate to the specific function or responsibility of a particular department shall
be maintained in the offices of the particular department. The Public Records Officer will
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coordinate responses to public records requests with the departments, and responsive records
shall be made available for public inspection and copying at the City Hall or City field offices in
accordance with Chapter 42.56 RCW and Resolution No. 2364.
e. Organization of records. City departments will maintain records in a reasonably
organized manner and the City will take reasonable actions to protect records from damage
and disorganization.
f. Retention of records. The City will retain its records in accordance with retention schedules
available at www.secstate.wa.gov . The State Attorney General’s Local Records Committee
approves a general retention schedule for local agency records (including cities) that is common to
most agencies. Individual agencies may seek approval from the Local Records Committee for
retention schedules specific to their agency or that, due to their particular business needs, must be
kept longer than provided in the general schedule. Public records may not be destroyed per a
retention schedule if a public records request or actual or anticipated litigation is pending.
Retention schedules vary based on the content of the record.
Section 5. Making a request for public records.
a. Reasonable notice that the request is for public records. A requestor must provide the City
with reasonable notice that the request being made is for public records. There is no required
format for a valid public records request. If a request is contained in a larger document
unrelated to a public records request, the requestor should point out the public records request
by labeling the front page of the document as containing a public records request or otherwise
calling the request to the attention of the Public Records Officer to facilitate timely response to
the request.
b. Form. Any person wishing to inspect or copy identifiable public records of the City should
make the request in writing in one of the following ways:
on the provided request form (available at the Public Records Center and online at
www.Marysvillewa.gov),
by letter, fax, or e-mail addressed to the Public Records Officer, or
online at www.marysvillewa.gov
The following information should be included in the request:
Name and address of requestor;
Other contact information, including telephone number and email address;
Identification of the requested records adequate for the Public Records Officer to locate
the records (Including the dates and title or types of records requested if known); and
The date and time of day of the request.
c. Prioritization of records. The Public Records Officer may ask a requester to clarify and
prioritize the records he or she is requesting so that the most important records may be provided
first. A requestor need not prioritize a request.
d. Copies. If the requestor wishes to have copies of the records made instead of simply inspecting
them, he or she should so indicate and make arrangements to make a deposit or pay for the
copies, as further discussed in Section 9 below. Costs for copies are set out on the fee scheduled
published periodically by the City Clerk and made available at the Public Records Center and on
the City’s web site.
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e. Oral Requests. The Public Records Officer may accept requests for public records that contain
the above information by telephone or in person. If an oral request is made, the Public Records
Officer will confirm receipt of the information and the substance of the request in writing.
f. Requests made directly to City departments. Requests for public records that are made directly
to departments shall be delivered to the Public Records Officer immediately upon receipt for
coordinated processing. When request is fulfilled by a City Department, the final disposition will
be provided to the Public Records Officer, who will maintain an index of requests as set forth in
the records retention schedule.
g. Purpose of request. A requestor need not state the purpose of the request. However, in an
effort to clarify or prioritize a request and provide responsive records, the Public Records
Officer may inquire about the nature or scope of the request. If the request is for a list of
individuals, the Public Records Officer may ask the requestor if her/she intends to use the
records for a commercial purpose. The City is not authorized to provide lists of individuals for
commercial purposes.
The Public Records Officer may also seek sufficient information to determine if another statute
may prohibit disclosure.
h. Overbroad requests. The City may not deny a request for identifiable public records solely
because the request is overbroad. However, the City may seek clarification, ask the requestor
to prioritize the request so that the most important records are provided first, and/or
communicate with the requestor to limit the size and complexity of the request. The City may
also provide the responsive records in installments over time.
When a request uses an inexact phrase such as “all records relating to”, the Public Records Officer
may interpret the request to be for records which directly and fairly address the topic.
When the requestor has found the records he or she is seeking, the requestor should advise the
Public Records Officer that the requested records have been provided and the remainder of the
request may be cancelled.
i. Inquires. The Act, RCW 42.56 requires Public Records Requests to be for existing, identifiable,
public records. Requests asking for explanations or asking questions are not requests for existing,
identifiable public records under the Act.
Section 6. Processing public records requests.
a. Providing “fullest assistance”. These Rules and related policies and procedures identify
how the City will provide full access to public records, protect records from damage or
disorganization, prevent excessive interference with other essential functions of the agency,
provide fullest assistance to requestors and provide the most timely possible action on public
records requests.
All assistance necessary to help requestors locate particular responsive records shall be provided
by the Public Records Officer, provided that the giving of such assistance does not unreasonably
disrupt the daily operations of the Public Records Center or other duties of any assisting
employee(s) in other City departments.
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b. Order for processing requests. The Public Records Officer will process requests in the order
allowing the most requests to be processed in the most efficient manner.
c. Acknowledging receipt and fulfilling requests. Within five business days of receipt of the
request, the Public Records Officer will do one or more of the following:
1. Make the record available for inspection or copying;
2. If copies are requested and payment of a deposit for the copies, if any, is made or terms
of payment are agreed upon, send the copies to the requestor;
3. Acknowledge that the request has been received and provide a reasonable estimate
of when records will be available;
4. If the request is unclear or does not sufficiently identify the requested records, request
clarification from the requestor. Such clarification may be requested and provided by
telephone; or
5. Deny the request.
The City may respond to a request to provide access to a public record by providing the
requestor with a link to the City’s web site containing an electronic copy of that record except
that if the requestor notifies the city that he or she cannot access the records through the
internet, then the city must provide copies of the record or allow the requestor to view copies
using a city computer, if one is available.
d. Reasonable estimate of time to fully respond. If not able to respond within the five- business-
day period, the Public Records Officer must provide a reasonable estimate of the time it will
take to fully respond to the request. Additional time may be needed to clarify the scope of the
request, locate and assemble the records, redact confidential information, prepare
an/Exemption/Redaction log for exempt or redacted records, notify third party persons or
agencies affected by the request and/or consult with the City Attorney about whether the
records are exempt from disclosure.
The Public Records Officer should briefly explain the basis for the time estimated to respond.
Should an extension of time be necessary to fulfill the request, the Public Records Officer will
provide a revised estimate and the basis for the time estimated to respond.
e. Notification that records are available. If the requestor has sought to inspect the records, the
Public Records Officer will notify him or her that the entire response or an installment is
available for inspection and ask the requestor to contact the City to
arrange a mutually agreeable time for inspection. If the requestor seeks copies, the Public
Records Officer should notify him or her of the projected costs and whether a deposit is
required before making the copies.
f. Consequences of failure to respond. If the City does not respond in writing within five
business days of receipt of the request for disclosure, the requestor should consider contacting
the Public Records Officer to determine the reason for failure to respond.
g. Consequences of failure to clarify a request. If the requestor does not respond to the City’s
request for clarification within 30 days of the City’s request, the Public Records Officer may
consider the request abandoned, send a letter closing the response to the requestor, and re-file
the records.
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h. Consequences of disclosing a record in error. The City, and it officials or employees are
not liable for loss or damage based on release of a public record if the City, official or
employee acted in good faith in attempting to comply with the Public Records Act.
i. Searching for records. The City must conduct an objectively reasonable search for
responsive records. The Public Records Officer will determine where responsive records
are likely to be located and involve Records Coordinators in other departments, as needed,
to assemble the records.
After the records are located, the Public Records Officer should take reasonable steps to narrow
down the number of records assembled to those that are responsive. The City will not “bury” a
requestor with non-responsive documents. However, the Public Records Officer is allowed to
provide arguably, but not clearly, responsive records to allow the requestor to select the ones he
or she wants, particularly if the requestor is unable or unwilling to help narrow the scope of the
documents being sought.
j. Preserving requested records. If a requested record is scheduled shortly for destruction
under the City’s records retention schedule, the record cannot be destroyed until the public
disclosure request has been resolved. Once a request has been closed, the Public Records
Officer can destroy the record in accordance with the retention schedule.
k. Records exempt from disclosure. Some records are exempt from disclosure, in whole or in
part (see Section 8).
If the City believes that a record is exempt from disclosure and should be withheld, the Public
Records Officer will provide an Exemption /Redaction log. A written statement that identifies the
record, states the specific exemption and provides a brief explanation as to how the exemption
applies to the record.
If only a portion of the record is determined to be exempt, the Public Records Officer will
redact the exempt portions and provide the non-exempt portions subject to an Exemption
/Redaction Log. (See Section 6(m) below).
l. Protecting the rights of others.
NOTIFICATION OF AFFECTED PARTIES: INJUNCTIVE ACTION
Third Party Notice: When a request seeks disclosure of a particular record containing
information regarding other persons, the City may, in its sole discretion, notify said persons
in writing and inform them of their right to seek an injunction from the Superior Court
enjoining the disclosure. In such circumstances, production of the requested record may be
postponed for a reasonable period in order to provide the affected parties with a reasonable
opportunity to seek injunctive relief to prevent or limit disclosure. The City shall honor any
order enjoining disclosure of a particular record issued from a court of competent jurisdiction.
m. Redactions.
If the Public Records Officer determines that the record is exempt in part but can be made
available after redaction of exempt portions, the request shall be granted; provided, that such
exempt portions shall first be redacted subject to an Exemption / Redaction Log. PROVIDED,
that nothing herein shall be construed as requiring the City to disclose portions of a requested
document if the entire document is exempt from disclosure.
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n. Inspection of records. To the extent possible due to other demands, the Public Records
Officer shall promptly provide space to inspect public records at the Public Records Center.
The requestor must claim or review the assembled records within thirty days of the Public
Records Officer’s notification that the records are available for inspection or copying. The
Public Records Officer will notify the requestor in writing of this requirement and suggest that
he or she s contact the agency 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 thirty-day period, or make other arrangements, the Public Records Officer may close the
request and re-file the assembled records. If the same requestor makes a subsequent records
request for the same or very similar records, the request will be processed as new requests and
other public records requests can be processed before the new request in the most efficient
maner determined by the clerk.
The Act does not allow a requester to search through the City’s files for records which cannot
be identified or described to the City.
Members of the public may not remove documents from the viewing area or disassemble or
alter any document.
o. Providing copies of records. The requestor shall indicate which documents he or she wishes
to have copied using a mutually agreed upon non-permanent method of marking the desired
records. The City may, in its sole discretion, require City personnel to remain physically
present with the requester during the record inspection process. After inspection is complete,
the Public Records Officer will arrange for copying. Making a copy of an electronic record is
considered copying and not creation of a new record.
p. Providing records in installments. When the request is for a large number of records, or
requires an extensive or complicated search or review of responsive records, the Public
Records Officer will provide for inspection and copying of responsive records in installments if
he/she reasonably determines that it would be practical to provide the records in that way. If
the requestor fails to inspect the entire set of records or one or more of the installments within
30 days, the Public Records Officer may stop searching for the remaining records and close the
request.
r. Completion of inspection. When the inspection of the requested records is complete and all
requested copies are provided, the Public Records Officer will indicate that the City has
completed a diligent search for the requested records and made any located non-exempt records
available for inspection.
s. Closing withdrawn or abandoned requests. If the requestor withdraws the request, fails to
fulfill his or her obligations to inspect the records, or fails to pay the deposit or final payment
for the requested copies, the Public Records Officer will close the request and indicate to the
requestor that the City has closed the request. The Public Records Officer will document
closure of the request and the conditions that led to closure.
t. Later discovered documents. If, after the Public Records Officer has informed the requestor
that the City has provided all available records, the City becomes aware of additional
responsive documents that existed on the date of the request, the Public Records Officer will
promptly inform the requestor of the additional documents and provide them on an expedited
basis.
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u. No duty to create records. The City is not obligated to create a new record to satisfy a
records request; however, the City may, in its discretion, create such a new record to fulfill the
request where it may be easier for the City to create a record responsive to the request than to
collect and make available voluminous records that contain small pieces of information
responsive to the request,
v. No duty to supplement responses. The City is not obligated to hold current records requests
open to respond to requests for records that may be created in the future. If a public record is
created or comes into the possession of the City after a request is received by the City, it is not
responsive to the request and will not be provided. A new request must be made to obtain
later-created public records.
Section 7. Processing requests for electronic records.
The Preservation of Electronic Records requirements are outlined in WAC 434-662. An “electronic
record” includes those public records which are stored on machine readable file format. If a record is
created in an electronic format, the electronic record is the primary record and is subject to provisions of
RCW 42.56, the Public Records Act. Electronic records must be retained in electronic format and remain
usable, searchable, retrievable and authentic for the length of the designated retention period. Printing and
retaining a hard copy is not a substitute for the electronic version. Responses to public record requests for
electronic records other than those in common file formats such as pdf or similar formats will be
coordinated through the Public Records Officer.
Section 8. Exempt and prohibited disclosure of public records.
The City is not required to permit public inspection and copying of records for which public disclosure of
the record is prohibited, restricted or limited by state or federal statute or regulation.
a. The City of Marysville is prohibited by statute from disclosing lists of individuals for commercial
purposes.
b. The Public Records Act, RCW 42.56, provides that a number of document types and information
are prohibited from being disclosed or are exempt from public inspection and copying. A current
list of these prohibitions and exemptions will be provided upon request by the Public Records
Officer and is available on the Municipal Research and Services Center web site at
www.mrsc.org search for publication titled “Public Records Act for Washington Cities, Counties
and Special Purpose Districts” (scroll to Appendix C).
c. In addition, other statutes may exempt or prohibit disclosure of other documents and
information. A current list of these prohibitions and exemptions will be provided upon request
by the Public Records Officer. Alternatively, the requestor may review a list of other statutes
outside the Public Records Act that may prohibit or exempt disclosure of certain information
from the Municipal Research and Services Center web site at www.mrsc.org search for
publication titled “Public Records Act for Washington Cities, Counties and Special Purpose
Districts” (scroll to Appendix C)..
d. The City’s failure to list an exemption shall not affect the effectiveness of the exemption.
Section 9. Costs of providing copies of public records.
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Per state law, the City is not allowed to charge for locating a public record or for making records
available for review or inspection. The City may charge, however, for the actual costs of copying
public records, including the staff time spent making the copies. This provision includes responses to
public records requests for electronic records.
a. Fee schedule. The charge for standard black-and-white photocopies is fifteen cents per page.
The charge for standard scanned copies is ten cents per page.
The City Council authorizes the City Clerk to periodically update and post a fee schedule for
various other non- standard public records or those in other formats or media. The fee schedule
may be found online at www.marysvillewa.gov on the City Clerk’s webpage. A statement of
the factors and manner used to determine the specific fees will be provided upon request to the
Public Records Officer.
If the City has to pay an outside firm for duplicating records in non-routine formats such as
photographs, blueprints or tape recordings, the actual cost will be passed along to the requestor.
b. Certified copies. Where the request is for a certified copy, an additional may be applied to
cover the additional expense and time required for certification.
c. Faxing and mailing charges. The City may also charge actual costs of long distance
facsimile transmission and/or mailing, including the cost of the shipping container.
d. Sales tax. The City will not charge sales tax on copies of records.
e. Use of other copying services. The City is not required to copy records at its own facilities
and may determine to use a commercial copying center. The City will bill the requestor for
the amount charged by the vendor.
f. Deposit or payment by installments. Before beginning to copy records, the Public
Records Officer or designee may require a deposit of up to ten percent of the estimated costs of
copying the records selected by a requestor. The Public Records Officer may also require the
payment of the remainder of the copying costs before providing all the records, or the payment
of the costs of copying an installment before providing that installment.
g. Method of payment. Payment may be made by cash, check, or money order to the City of
Marysville or other City approved payment method.
h. Waiver of copying charges. The Public Records Officer has the discretion to waive copying
charges for small requests, or for individuals or government agencies doing business with the
City if the Public Records Officer determines that this action is in the best interest of the City.
Section 10. Denials of requests for 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 by 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.
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The Public Records Officer shall promptly provide the petition and any other relevant
information to (Public Records Officer's supervisor or other City official designated by the
City to conduct the review). That person will 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 to; and notify
the requestor in writing of the decision. The written decision shall constitute final agency
action for the purposes of judicial review.
c. Judicial review. Any person may obtain court review of denials of public records requests
pursuant to RCW 42.56.550 after the initial denial regardless of any internal administrative
appeal.
Section 11. Requests for Court Records.
Court records do not fall under the Public Records Act (RCW 42.56).
Court Records are governed by the following WA State Court General Rules:
a) GR 31 for the access to court records;
b) GR 31.1 for the access to administrative records; and
c) Other General Rules in effect or adopted in the future that are applicable to the JIS statewide
information and processing.
d) GR 15 for the destruction, sealing, and redaction of court records;
Please make Court records requests to:
Marysville Municipal Court
Attention: Records
1015 State Avenue
Marysville, WA 98270
Phone # 360-363-8050
Fax # 360-657-2960
OR
By completing the Court Records Request Form
You will be notified of the cost of your request. Prepayment may be required.
Page 12 of 12
Appendix A – City of Marysville Organizational Chart
Marysville Citizens
Mayor
Chief
Administrative
Officer
Executive
Legal
Community
Information
Human
Resources
Public Works
Director
Engineering
Traffic
Streets
Water/Sewer
Utility
Surface Water
Solid Waste
Fleet & Facilities
Police Chief
Investigation
Patrol
SRO
Custody
Records
Community
Development
Director
Planning
Land
Development
Code
Enforcement
Construction
Inspection
Electrical
Inspection
Permitting
CDBG
Parks &
Recreation
Director
Athletics
Recreation
Parks
Maintenance
Golf
Administrative
Services/Finance
Director
Accounting
Utility Billing
Information
Services
City Clerk
Municipal
Courts City Council