Chapter 3.76
PUBLIC RECORDS

Sections:

3.76.010    Purpose.

3.76.020    Definitions.

3.76.030    Organization.

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.

3.76.080    Responses to requests for public records.

3.76.090    Exemptions.

3.76.100    Fees for inspection and copying.

3.76.110    Protection of public records – Penalties, fines, and enforcement.

3.76.120    Review of denials of public records requests.

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 Disclosure Act, Chapter 42.17 RCW, by departments, agencies, commissions, councils, and other entities created by the board of commissioners.

(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 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. 279 (2002) § 1 (part), 2002)

3.76.030 Organization.

(1)    Kitsap County is a political subdivision of the state of Washington. The county is governed by full-time elected officials including a board of three county commissioners, a sheriff, superior court judges, district court judges, an assessor, a treasurer, a prosecutor, an auditor, a clerk, and a coroner.

(2)    The main offices of Kitsap County government are in Port Orchard, Washington. The county also maintains offices in Bremerton, Silverdale, and Poulsbo.

(3)    The board of commissioners is charged by the state constitution and by statutes with a broad range of express and implied authority, duties, and responsibilities, among which are those related to adopting local ordinances and resolutions, managing executive functions, providing public services, facilities and activities, representing the county and the county’s interests within and beyond its borders, submitting messages and proposals to the state legislature and state governor, and making appointments to public positions.

(4)    The board has created a number of departments, divisions, task forces, commissions, councils and similar entities which are ultimately responsible to the board and may be designated as part of the office of the board.

(5)    As separate and independently elected officials, the sheriff, superior court judges, district court judges, assessor, treasurer, prosecutor, auditor, clerk, and coroner are not covered by this chapter.

(Ord. 279 (2002) § 1 (part), 2002)

3.76.040 Public records available.

Public records are available for public inspection and copying except as otherwise provided by state or federal law or this chapter.

(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 public records, which will be managed by 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 42.17 RCW, promote compliance by departments and staff with the requirements of Chapter 42.17 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. 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. 279 (2002) § 1 (part), 2002)

3.76.070 Requests for public records.

Subject to the requirements of Chapter 42.17 RCW that agencies prevent unreasonable invasions of privacy, protect public records from loss, damage or disorganization, and prevent excessive interference with essential functions of the agency, 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 shall include the following information:

(a)    The name, address, and telephone number of the person requesting the record;

(b)    The time of day and calendar date on which the request was made;

(c)    A description of the record requested sufficiently specific to allow the record to be identified and located;

(d)    A certification that the information obtained through the request will not be used for commercial purposes; and

(e)    The signature of the requestor.

(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 department where the record is maintained shall promptly respond to requests for public records. Within five business days of the date a request is received in accordance with this chapter, the department must respond by either (1) providing the record; (2) acknowledging that the records request has been received and providing a reasonable estimate of the time the department will require to respond to the request; or (3) denying the public records request. Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the requests. If a requestor fails to clarify their request when asked to do so in writing, then responses are not required. A written statement of the specific reasons for the denial must accompany denials of requests.

(Ord. 279 (2002) § 1 (part), 2002)

3.76.090 Exemptions.

(1)    The county reserves the right to determine that a public record requested in accordance with this chapter is exempt from disclosure under the provisions of Chapter 42.17 RCW or other state or federal law.

(2)    Pursuant to Chapter 42.17 RCW, the county reserves the right to delete identifying details when it makes public records available for inspection or copying in any case where there is reason to believe that disclosure of identifying details would be an invasion of personal privacy protected by Chapter 42.17 RCW. The person responding to the request shall state the reasons for the deletion in writing.

(3)    Each denial of a request for a public record must be accompanied by a written statement specifying the reason for the denial including, if appropriate, a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

(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 department shall collect the following fees or costs or both:

(a)    The department may impose a reasonable charge for providing copies of public records and for the use by any person of agency equipment if the department has established and published the per page cost or other costs necessary to reimburse the department for actual costs incident to providing copies of public records; or

(b)    The department may charge fifteen cents per page for paper copies of public records.

(c)    The cost of mailing documents, including postage, shipping, and shipping materials, if any, shall also be charged.

(3)    Nothing contained in this section shall preclude 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 Kitsap County.

(Ord. 279 (2002) § 1 (part), 2002)

3.76.110 Protection of public records – Penalties, fines, and enforcement.

(1)    No person shall knowingly alter, deface, or destroy public records.

(2)    Original public records shall not be removed from the premises where maintained.

(3)    The care and safekeeping of public records furnished pursuant to a request for inspection and copying shall be the sole responsibility of the requestor.

(4)    Records furnished for public inspection or copying shall be returned in the same condition and in the same file sequence or organization as when furnished.

(5)    The department shall take all reasonable steps and impose appropriate conditions on the inspection and copying of public records so as to protect records and to preserve the integrity of other proper activities of the department. Inspection or copying shall be denied and records shall be withdrawn if the person inspecting or copying the records is engaging in conduct likely to damage or substantially disorganize them or so as to interfere excessively with other essential functions of the department or in disregard of conditions imposed by the department.

(6)    Any violation of this section by knowingly altering, defacing, or destroying public records, or removing original public records from the premises where maintained, shall be deemed a class 2 civil infraction.

(7)    The Kitsap County sheriff’s office shall enforce this chapter by issuing a notice of civil infraction pursuant to and in accordance with Chapter 7.80 RCW, and citing to this county code chapter.

(8)    Any violation of this chapter for which a notice of civil infraction is issued shall be disposed of in the same manner as provided for civil infractions under Chapter 7.80 RCW, as now or hereafter amended.

(9)    All fines or forfeitures collected upon enforcement of this chapter shall be paid into the general fund of Kitsap County.

(Ord. 279 (2002) § 1 (part), 2002)

3.76.120 Review of denials of public records requests.

(1)    Any person who objects to the denial of a request for a public record may petition for prompt review of the decision by tendering a written request for review to the public records officer. The written request for review shall specifically refer to the written statement denying the request.

(2)    By the close of the next business day after receiving a written request for review of a decision denying a public record, the public records officer shall refer it to the county administrator. The county administrator shall promptly consider the matter and either affirm or reverse the denial or refer the matter to the clerk of the board of county commissioners for the board’s review. The county administrator and the board shall use their best efforts to issue a final decision within ten business days following the administrator’s receipt of the written request for review.

(3)    Administrative remedies shall not be considered exhausted until the administrator or the board issues a decision.

(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 office operations, to develop an index of all current records as specified in RCW 42.17.260. County office 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. The board and its departments and divisions will make available for public inspection and copying all indexes prepared pursuant to other authority.

(Ord. 279 (2002) § 1 (part), 2002)

3.76.140 Liberal construction.

This chapter shall be liberally construed to promote full access to public records so as to assure continuing public confidence, and to assure that the public interest is fully protected.

(Ord. 279 (2002) § 1 (part), 2002)