HomeMy WebLinkAboutR-2435 - Relating to public records; adopting public records act rules; issuing a formal order that maintaining an index would be unduly burdensome, ordering pCITY OF MARYSVILLE
Marysville , Washington
RESOLUTION NO. ) +-.J ~-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, 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 , chapter 42 .56 RCW (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 regulations in
order to conform with changes to state law; and
WHEREAS, the attached City of Marysville Records and Information Management
Program/ Public Records Act Rules ("PRA Rules") fulfill these requirements and were
developed using the Attorney General's Office advisory Model Rules for disclosure of public
records; and
WHEREAS , RCW 42 .56.070 requires all cities and public agencies to maintain and make
available a current index of public records ; and
WHEREAS , RCW 42 .56 .070(4) provides that if maintaining such an index would be
unduly burdensome or interfere with agency operation , a city must issue and publish a formal
order specifying the reasons why and the extent to which compliance would be unduly
burdensome; and
WHEREAS, RCW 42 .56.120 permits a city to impose actual costs ofresponding to
public records requests or to use the statutory costs where calculating the actual costs is too
burdensome ; and
RESOLUTION -Page I
WHEREAS, costs vary significantly from request to request depending on the size,
complexity, level of legal review required, number of redactions required, format of records and
salary of personnel required to respond to the request and, accordingly, it is unduly burdensome
to calculate actual costs except for ce1iain non-standard formats or media and the Public Records
Officer shall calculate these costs and make them available; and
WHEREAS, RCW 42.56.580 requires that each agency appoint and publicly identify a
Public Records Officer and a provide contact information for that Officer; and
WHEREAS, resolutions dealing with the same subject matter previously adopted by the
City Council should be repealed, to wit: Resolution No. 1468, Resolution No. 2150, and
Resolution No. 2364.NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MARYSVILLE AS FOLLOWS:
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 serves over 65,000 residents. It 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. 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, and 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 permitted by RCW 42.56.070(4). However, all other City indexes
are to be available for public inspection and copying in conformity with applicable law.
Section 3. The City Clerk is appointed as the City's Public Records Officer. The City's
Public Records Officer will oversee compliance with the Public Records Act. The City's Public
Records Officer may delegate the responsibilities of processing requests to other staff. The City
Clerk's/Public Records 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
Rules, post and maintain the PRA Rules on the City's website and make the PRA Rules available
for inspection and copying at City Hall.
Section 5. Resolution No. 1468, Resolution No. 2150, and Resolution No. 2364 are
repealed.
Section 6. If any section, subsection, sentence, clause, phrase, or work of this Resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase, or work of this Resolution.
RESOLUTION -Page 2
ADOPTED by the City Council at an open public meeting this 2 (£ day of
tebt\kl <j= , 2018.
CITY OF MARYSVILLE
By ~~
Attest:
By_______...,_ji_Vi.A_~-~--
Al2.KIL O*fffl:IEN', DEPUTY CITY CLERK
-r1 k.J 4: i3(2.oc~
Approved as to form:
By ;
ALKER, CITY ATTORNEY
RESOLUTION -Page 3
City of Marysville
Records and Information Management Program
The following records and information management program applies to records activity in the
City of Marysville (the "City") 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. The City
hereby establishes the following rules for responding to public records/disclosure requests.
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 specifies that providing public
records should not "unreasonably disrupt the operations of the" City and some of these rules are
intended to prevent a requestor from being unreasonably disruptive or disrespectful to City staff.
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.1
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.
1 Definitions are provided for the public's understanding. In all cases, the City shall process requests under the Act
in accordance with the definitions contained in State Jaw as those terms have been interpreted in relevant court
cases.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page l
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 City 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."
e. Counter document. A frequently requested document retained within a department that
is known to be public information and may be released without need to file a written
public disclosure request.
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 Clerk's Office is located at Marysville City Hall, 1049 State Ave. Marysville, WA,
98270. In addition to a City Hall, the City has several satellite offices 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 or her 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 or her designees.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 2
a. Requests for records other than Police records: Requests to inspect or copy any of the
City's public record, 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
Email: cityclerk@marysvillewa.gov
b. Requests for Police records: Requests to inspect or copy records maintained by the
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. Online requests: The City also accepts public records requests through its website (both
Police records and general requests) and provides information and an online form. Please
visit: www.marysvillewa.gov/94/Public-Records-Request
d. Internet access to records. Many records are also available on the City of Marysville
website at: www.marysvillewa.gov. Requestors are encouraged to view the documents
available on the website prior to submitting a public records request.
e. Requests for Court records: Please see Section 11 regarding Marysville Municipal
Court records.
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
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 3
arrangements for inspection if the particular records being sought are maintained at
satellite offices of the City.
A requestor shall not take City records from City offices.
c. Electronic access to records. A variety ofrecords are available on the City's website 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 website containing an
electronic copy of the record, provide records on disk, or transmit the responsive record
via email. The City can arrange for a computer terminal for viewing records and
information at City Hall or City satellite 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. The City Council has 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 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 satellite offices in accordance with chapter 42.56 RCW.
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 state law. The
City will not destroy public records 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.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 4
a. Cooperation. Both requestors and the City have responsibilities under the Act. The
public records process can function properly only when both parties perform their
respective responsibilities. A city has a duty to promptly provide access to all nonexempt
public records. A requestor has a duty to give fair notice that he or she is making a
records request, request identifiable records, follow the City's rules, inspect the
assembled records or pay for the copies, and be respectful to City staff. Both the City and
the requestor have a responsibility to communicate with each other when issues arise
concerning a request.
b. 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, however, requestors are encouraged to
use the City's form. 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.
c. 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 City Hall, Public Works, Police
• by letter, fax, or email 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 ofrecords
requested if known); and
• The date and time of day of the request.
d. 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 however a requestor is not required to prioritize a request.
e. 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 City
Hall and on the City's website.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 5
f. 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.
g. Requests made directly to City departments. Requests must be made to the City's
Public Records Officer or designee. Requests for public records that are made directly to
departments may be fulfilled by the department or may be delivered to the Public
Records Officer for coordinated processing. When the 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. Alternatively,
a City staff person may instruct the requestor on the proper method to make a request to
the City's Public Records Officer
h. Purpose of request. Generally, 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 require the requestor to
indicate if he or 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.
i. 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" a topic, 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.
J. Inquires. The Act, chapter 42.56 RCW, 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.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 6
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 City,
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 disrupt the operations of the Public Records Officer or other duties of any assisting
employee(s) in other City departments.
b. Order for processing requests. The Public Records Officer will process requests in the
order that the Public Records Officer believes will allow 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. Provide the record;
2. Provide an internet address and link on the City's website to the specific records
requested, except that if the requestor notifies the City that he or she cannot access the
records through the internet, then the City will allow the requestor to view records
using a City computer. In the alternative, the requestor may modify the request to be
for records in a different format and pay any associated fees.
3. Acknowledge that the City has received the request and provide a reasonable estimate
of time the City anticipates responding to the request;
4. Acknowledge that the City has received the request and ask the requestor to provide
clarification for a request that in unclear, and provide, to the greatest extent possible,
a reasonable estimate of time the City anticipates responding to the request for any
portion that is clear or if the request is not clarified or
5. Deny the public record request.
d. Communication Encouraged. Requestors are encouraged to contact the Public Records
Officer with any questions or concerns regarding their request.
e. Reasonable estimate of time to fully respond. If the City is not able to provide the
responsive records within the five-business-day period, the Public Records Officer will
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
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 7
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. The time estimated to respond is not binding on the City, but should an
extension of time be necessary to fulfill the request, the Public Records Officer will
notify the requestor and provide a revised estimate and the basis for the time estimated to
respond.
f. 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.
g. Consequences of failure to clarify a request. If the requestor does not respond to the
City's request for clarification within thirty days of the City's request or other specified
time, the Public Records Officer may consider the request abandoned, send a letter
closing the request to the requestor, and re-file the records.
h. Consequences of disclosing a record in error. The City, and it officers, officials, and
employees are not liable for loss or damage based on release of a public record if the
City, its officers, officials, or employees acted in good faith in attempting to comply with
the Act.
i. Searching for records. The City must conduct an objectively reasonable search for
responsive records. The Public Records Officer will determine what departments are
likely to have responsive records and involve 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 records request has been resolved. Once a request has been closed, the Public
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 8
Records Officer or proper City representative 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. The
Exemption/Redaction log will include 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).
1. Protecting the rights of others. When a request seeks disclosure of a pai1icular 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. The City will notify affected parties of the
need to name the requestor in any action filed to seek injunctive relieve to prevent or
limit disclosure.
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. Nothing herein shall be construed as requiring the City to
disclose portions of a requested document if the entire document is exempt from
disclosure.
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 an appropriate City
facility. 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 contact the Public Records Officer to make
arrangements to claim or review the records.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 9
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 manner determined by the Public Records Officer.
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 City personnel will 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 or she reasonably determines that it would be practical to provide the
records in that way. If the requestor fails to inspect the entire set ofrecords or one or
more of the installments within fifteen days, the Public Records Officer may stop
searching for or processing the remaining records and close the request.
Sometimes a requestor finds the records he or she is seeking at the beginning of a request.
If so, the requestor should communicate with the City that the requested records have
been provided and that he or she is canceling the remainder of the request.
q. 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.
r. 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.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 10
s. 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.
t. 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,
u. 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.
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 chapter 42.56 RCW, 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 is prohibited by statute from disclosing lists of individuals for commercial
purposes.
b. The Public Records Act, chapter 42.56 RCW, 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
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 11
Act for Washington Cities, Counties and Special Purpose Districts"
(http://mrsc.org/getmedia/796a2402-9ad4-4bde-a221-
0d6814ef6edc/publicrecord. pdf.aspx ).
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."
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.
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 charges for
providing electronic records are five cents for every four electronic attachments uploaded
to an electronic delivery system and ten cents per gigabyte of data transferred.
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, maps or tape recordings, the actual cost will be passed along
to the requestor.
b. Estimate of costs for requestor. If a requestor asks, the City must provide a summary of
the applicable charges before copies are made and the requestor may revise the request to
reduce the number of copies to be made, and thus the applicable charges.
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.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 12
e. Use of other copying services. The City reserves the right to use an outside vendor for
large-scale requests and odd-sized or larger color copies, and to charge the requestor for
those costs.
f. Deposit or payment by installments. Before beginning to copy records, the Public
Records Officer 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 email) 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. 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 comi 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 (chapter 42.56 RCW).
Court Records are governed by the following WA State Court General Rules:
a) GR 31 for the access to court records;
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 13
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 online (www.marysvillewa.gov/94/Public-Records-Request)
or by completing the Court Records Request Form (available online) and sending to:
Marysville Municipal Court
Attention: Records
1015 State Avenue
Marysville, WA 98270
Telephone: 360-363-8050
Fax: 360-657-2960
You will be notified of the cost of your request. Prepayment may be required.
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 14
Appendix A -City of Marysville Organizational Chart
Municipal
Courts
Marysville Citizens
~----+.------1 City Council
r ·.
l Mayor J
1
1
1 ::~i?~~~~:el
. Officer ~ J
!l"""'~~~~~r-~~~·~~,,,-~-~·~-~~m~--~~~~:i:~-~---~-~,
·J, ( Commun~·ty · [Parks, Culture] )
J [
Human
Executive Resources
Director
·-..----~
Community
Information
Risk
Management
Public Works
Director
Traffic
Streets
Water/Sewer
Utility
Surface
Water
Fleet &
Facilities
Police Chief [ Dev~lopment & R~creation Finance Director
Director Director
·~----' ---. ---·
Investigation
Patrol
SRO
Custody
Records
Community
Service
Planning Athletics l
I~~~ L_= ____ _J
Information
Services
City Clerk
RECORDS AND INFORMATION MANAGEMENT PROGRAM -Page 15