2.92.040 Processing of public records requests—General.
A. Providing “Fullest Assistance.” The city is charged by statute with adopting rules which provide for how it 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. The public records officer or designee will process requests in the order allowing the most requests to be processed in the most efficient manner.
B. Acknowledging Receipt of Request. Within five business days of receipt of the request, the public records officer or designee will do one or more of the following:
1. Make the records available for inspection or copying;
2. If copies or scans are requested and payment of a deposit, for the copies or scans, if any, is made or terms of payment are agreed upon, send the copies to the requestor;
3. 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 in writing from the requestor. Such clarification may be requested and provided by telephone but should be memorialized in a writing after clarification has been made. The public records officer or designee may revise the estimate of when records will be available based upon the clarification received; or
5. Deny the request.
C. If the city of Anacortes does not respond in writing within five business days of receipt of the request for disclosure, the requestor is encouraged to contact the public records officer to ensure full disclosure of requested records.
D. Protecting Rights of Others. In the event that the requested records contain information that may affect rights of others and may be exempt from disclosure, the public records officer may, prior to providing the records, give notice to such others whose rights may be affected by the disclosure. Such notice should be given so as to make it possible for those other persons to seek an order from a court to prevent or limit the disclosure. The notice to the affected persons will include a copy of the request.
E. Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If the city believes that a record is exempt from disclosure and should be withheld pursuant to the applicable laws or regulations, the public records officer will identify the record or the portion of the record subject to an exemption, state the specific exemption and provide a brief explanation of why the record or a portion of the record is being withheld. If only a portion of a record is exempt from disclosure, but the remainder is not exempt, the public records officer will redact the exempt portions and provide the nonexempt portions.
F. Inspection of Records.
1. The city shall make all reasonable efforts to provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document when inspecting identified records. The requestor shall indicate which documents he or she wishes the agency to copy.
2. The requestor must claim or review the assembled records within thirty days of the city’s notification that the records are available for inspection or copying. The agency will notify the requestor in writing of this requirement and inform the requestor that he or she should contact the agency to make arrangements to claim or review the records. If equipment and staff are available, the city may provide electronic access to public records located online. 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 city may close the request and refile the assembled records. A subsequent request by the same person for the same or almost identical records, will be processed as a new request.
G. Providing Copies of Records. After the inspection is completed, the public records officer or designee shall make the requested copies or arrange for copying.
H. Providing Records in Installments. When the request is for a large number of records, the public records officer or designee may provide access for inspection and copying in installments. If, within thirty days, the requestor fails to inspect the provided records or one or more of the provided installments, the public records officer or designee will stop searching for the remaining records and close the request.
I. Completion of Inspection. When the inspection of the requested records is completed and all requested copies are provided, the public records officer or designee should advise in writing to the requestor that the request is complete.
J. Closing Withdrawn or Abandoned Request. When the requestor either withdraws the request or fails to fulfill his or her obligations to inspect the records or pay the deposit or final payment for the requested copies, the public records officer or designee will close the request and indicate to the requestor that the city has closed the request.
K. Later Discovered Documents. If, after the city has informed the requestor that it has provided all available records, the city becomes aware of additional responsive documents existing at the time of the request, it will promptly inform the requestor of the additional documents and provide them on an expedited basis. (Ord. 2954 § 1, 2015; Ord. 2745 Att. A, 2006)