Chapter 3.76
PUBLIC RECORDS
Sections:
3.76.040 Public records available.
3.76.050 Public records officer.
3.76.060 Hours for records inspection and copying.
3.76.070 Requests for public records – Commercial purpose.
3.76.080 Responses to requests for public records.
3.76.100 Fees for inspection and copying.
3.76.120 Administrative review.
3.76.130 Exemption from requirement to maintain a current records index.
3.76.140 Liberal construction.
3.76.010 Purpose.
The purpose of this chapter is to promote compliance with the provisions of the Public Records Act, Chapter 42.56 RCW, and other applicable law relating to disclosure of public records, by departments, agencies, commissions, councils, and other entities created by the board of county commissioners. Elected officials and offices may choose to follow this policy.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.020 Definitions.
(1) “Department” means any department, division, council, commission, or other entity created by the board, but does not include the departments of the separately and independently elected officials, which includes the offices of the sheriff, superior court, district court, assessor, treasurer, prosecutor, auditor, clerk, or coroner.
(2) “Public record” includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function, regardless of physical form or characteristics, prepared, owned, used, or retained by any state or local agency.
(3) “Writing” 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, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.030 (Repealed)*
* Editor’s Note: Former Section 3.76.030, “Organization,” was repealed by Ordinance 555 (2018). Section 1 (part) of Ordinance 279 (2002) was formerly codified in this section.
3.76.040 Public records available.
Public records are available for public inspection and copying as required by Chapter 42.56 RCW and this chapter.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.050 Public records officer.
(1) There is established in the department of administrative services a division of risk management, which will designate a public records officer whose address is 614 Division Street, Mail Stop 7, Port Orchard, Washington, 98366.
(2) The responsibilities of the public records officer may be delegated to or assumed by another member of the board’s staff and such responsibilities shall be deemed to be properly exercised by such officer.
(3) The public records officer shall see that the procedures described in this chapter are prominently displayed in all locations accessible to the public.
(4) The duties of the public records officer are to establish a local public records retention and control program that complies with RCW 40.14.070, implement the board’s administrative rules regarding copying and inspection of public records, coordinate the board’s efforts to comply with Chapter 42.56 RCW, promote compliance by departments and staff with the requirements of Chapter 42.56 RCW, and assist members of the public who need information about the location of public records and about access for inspection and copying of records.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.060 Hours for records inspection and copying.
Public records shall be available for inspection and copying during a department’s regular business hours.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.070 Requests for public records – Commercial purpose.
Public records may be inspected or copied, and copies of records may be obtained by members of the public upon compliance with the following procedures:
(1) Except for records that are requested in-person and routinely and customarily made available for inspection and copying over-the-counter, a request shall be made in writing, preferably upon the public records request form prescribed by the public records officer. The form is available at the Division of Public Records, 614 Division Street, Mail Stop 7, Port Orchard, Washington, 98366. The form may be requested by mail at this address, by telephone, by facsimile, and on the county’s website at http://www.kitsapgov.com.
(2) During regular business hours a request for public records shall be delivered to the department where the record is maintained or to the public records officer. The request must be for an identifiable record and include the following information:
(a) The contact information of the person requesting the record;
(b) Provide reasonable notice that the request is a request for records pursuant to the Public Records Act;
(c) A description of the record requested sufficiently specific by reference to names, title, subject matter, and time frames, or other means adequate for the county to identify and locate the record; and
(d) Identify if the request is for a list of individuals.
(3) Commercial Purpose. All persons requesting lists of individuals must include an affidavit from the requestor that either: (i) states that the requestor is not requesting the list of individuals for a commercial purpose; or (ii) states that the requestor is specifically authorized or directed by law to obtain the list of individuals for commercial purposes, and identify such law.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.080 Responses to requests for public records.
(1) The public records officer shall promptly deliver public records requests to the department where the record is maintained. The public records officer shall assist departments with responses as needed.
(2) The county shall promptly respond to requests for public records as required by Chapter 42.56 RCW and applicable law.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.090 Exemptions.
(1) Public records, or portions thereof, that are not subject to disclosure under state law, that are described as exempt by Chapter 42.56 RCW, or that are required to be withheld by any other law, are exempt from disclosure under this chapter and will be identified as such as required by law. The county will publish and maintain a list of exemptions other than those identified in Chapter 42.56 RCW.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.100 Fees for inspection and copying.
(1) No fee shall be charged for the inspection of public records or for locating public documents and making them available for copying.
(2) The county may by resolution of the board of county commissioners set reasonable fees as authorized by Chapter 42.56 RCW. All fees so adopted shall be posted on the county website as required by law.
(3) Nothing contained in this section shall preclude (i) the department from agreeing to provide copies of reports or records to federal, state, or local agencies without charge whenever doing so is in the best interests of the county; or (ii) the county from charging any and all other fees authorized by Chapter 42.56 RCW or other applicable law.
(4) With the exception of paper reproduction costs for records exceeding eleven by seventeen inches, the board of county commissioners finds that calculating the actual costs for providing public records is unduly burdensome.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.110 (Repealed)*
* Editor’s Note: Former Section 3.76.110, “Protection of public records – Penalties, fines, and enforcement,” was repealed by Ordinance 555 (2018). Section 1 (part) of Ordinance 279 (2002) was formerly codified in this section.
3.76.120 Administrative review.
(1) Any person who objects to the denial of a request for a public record, the closure of a public records request or the reasonable estimate of the time or charges to produce copies of public records may petition for prompt review of such action by tendering a written request for review to the prosecuting attorney for the county. The written request shall specifically refer to the written statement by the public records officer or other staff member which constituted or accompanied the action taken.
(2) Immediately after receiving a written request for review of a decision of the public records officer, the prosecuting attorney shall request a response from the public records officer or other person who responded to the request. The prosecuting attorney will immediately consider the matter and either affirm or reverse such action within two business days following the receipt of the written request for review of the action.
(3) Administrative remedies shall not be considered exhausted until the prosecuting attorney has made a written decision, or until the close of the second business day following receipt of the written request for review of the action of the public records officer, whichever occurs first.
(4) For purposes of the public disclosure laws, the action of the public records officer or other staff member which constituted or accompanied the action taken becomes final only after the review conducted under this section has been completed. No lawsuit to review the action taken, compel the production of a public record, or impose a penalty or attorney fees shall be brought before the administrative remedies set out in this section have been exhausted by the party seeking the record.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.130 Exemption from requirement to maintain a current records index.
(1) The board of county commissioners finds that it would be unduly burdensome and costly to Kitsap County taxpayers, and would interfere with effective and timely county operations, to develop an index of all current records as specified in Chapter 42.56 RCW. County operations are complex, diverse, and changeful, and the board and its departments and divisions receive and produce volumes of correspondence, reports, surveys, studies, and other records.
(2) No county official, branch, agency, board, department, division, office, commission or other county entity is required to maintain an index of public records conforming to the requirements of Chapter 42.56 RCW.
(3) Any index maintained by an individual branch, agency, board, department, division, office or commission shall be made available for public inspection and copying unless exempt from disclosure or made confidential by law.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)
3.76.140 Liberal construction.
This chapter shall be liberally construed to promote and provide the public access to public records so as to assure continuing public confidence, and to assure that the public interest is fully protected, while remaining mindful of the privacy rights of individuals, and the desirability of the efficient administration of government.
(Ord. 555 (2018) § 1 (part), 2018: Ord. 279 (2002) § 1 (part), 2002)