HomeMy WebLinkAboutOrdinance 2023-21, Amending the Public Disclosure PolicyCity of East Wenatchee
Ordinance 2023-21 and Exhibit A
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City of East Wenatchee, Washington
Ordinance No. 2023-21
An Ordinance of the City of East Wenatchee updating the City’s Public Disclosure
Policy and repealing Ordinance 2016-02 in its entirety.
Una Ordenanza de la Ciudad de East Wenatchee que modifica la póliza de
Divulgación Pública y revoca la ordenanza 2016-02 en su totalidad.
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español, Braille, leer en voz alta,
etc.), comuníquese con la administradora municipal al
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please
contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or
at 711 (TTY).
2. Recitals.
2.1. The City of East Wenatchee (“City”) is a non-charter code city, duly incorporated and
operating under the laws of the State of Washington.
3. Authority.
3.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to adopt ordinances
of all kinds to regulate its municipal affairs and appropriate to the good government of
the City.
4. Purpose.
4.1. The purpose of this ordinance is to update the process for requesting and responding
to requests for public records as required by Washington's Public Records Act (Chapter
42.56 RCW). If the City fails to fully comply with a provision of this chapter shall not
result in any liability imposed upon the city other than as provided in the Public Records
Act.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS:
5. Repeal.
5.1. The City Council repeals Ordinance 2016-02, amended by 2017-14, in its entirety.
5.2. The City Council repeals those provisions of any Ordinance that conflicts with the
language of this Ordinance.
6. Action.
6.1. The City Council adopts the City of East Wenatchee Public Disclosure Policy as reflected
in Exhibit A and repeals Ordinance 2016-02 in its entirety.
Public Disclosure Policy
EXHIBIT A
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PUBLIC DISCLOSURE POLICY
SECTION INDEX
1. PURPOSE............................................................................................................................. 3
1.1 PUBLIC RECORDS ACT. ...................................................................................................... 3
1.2 CITY POLICY ...................................................................................................................... 3
2. REFERENCE ......................................................................................................................... 3
3. POLICY ................................................................................................................................ 3
4. RESPONSIBILITY/AUTHORITY .............................................................................................. 4
4.1 PUBLIC RECORDS OFFICER ................................................................................................. 4
4.2 DEPARTMENT RECORDS COORDINATOR ............................................................................ 4
4.3 CITY STAFF ......................................................................................................................... 4
4.4 CITY ATTORNEY .................................................................................................................. 4
4.5 PERSONAL DEVICES ........................................................................................................... 4
5. GUIDELINES ........................................................................................................................ 5
5.1 LIABILITY ......................................................................................................................... 5
5.2 MUNICIPAL SERVICES AND CENTRAL OFFICE ................................................................ 5
5.3 AVAILABILITY OF PUBLIC RECORDS................................................................................... 6
5.4 MAKING A REQUEST FOR PUBLIC RECORDS ............................................................... 6
5.5 PROCESSING PUBLIC RECORDS REQUESTS ....................................................................... 8
5.6 EAST WENATCHEE POLICE DEPARTMENT RECORDS ......................................................... 9
5.7 CLARIFYING REQUESTS .................................................................................................... 9
5.8 INSPECTION OF RECORDS/COPIES OF RECORDS ........................................................ 10
5.9 PROVIDING RECORDS IN INSTALLMENTS ................................................................... 11
5.10 LATER DISCOVERED RECORDS ...................................................................................... 11
5.11 NO DUTY TO SUPPLEMENT ......................................................................................... 11
5.12 COMPLETION OF REQUEST ........................................................................................... 11
5.13 CLOSING COMPLETED, WITHDRAWN OR ABANDONED REQUESTS ............................ 11
5.14 NO DUTY TO CREATE NEW RECORDS .......................................................................... 12
5.15 EXEMPTIONS ................................................................................................................ 12
5.16 FEES FOR PROVIDING COPIES OF RECORDS ................................................................... 12
5.17 BODY WORN CAMERA RECORDING FEES ...................................................................... 14
5.18 REVIEW OF DENIALS OF PUBLIC RECORDS ..................................................................... 14
6. LOG OF PUBLIC RECORDS REQUESTS................................................................................. 15
6.1 CREATION OF LOG ........................................................................................................... 15
6.2 PRESERVATION OF LOG .............................................................................................. 15
EXHIBIT A
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1.PURPOSE
1.1 PUBLIC RECORDS ACT.
The purpose of the Public Records Act, Ch. 42.56 RCW, is to provide the public with full
access to information concerning the conduct of government, mindful of individuals'
privacy rights and the desirability of efficient administration of government. The Public
Records Act provides a statutory framework by which to administer access to public
records.
1.2 CITY POLICY
The purpose of establishing this Policy is to provide a method by which City staff
(including the East Wenatchee Police Department) will review and respond to requests
for public records within the Public Records Act framework. The information contained
in this Policy is designed to aid both those requesting public records and those
responding to public records requests. The policy should assist in guiding expectations
of requesters and providing notice of a mechanism by which to appeal a records
decision, if necessary.
2.REFERENCE
•Chapter 40.14 RCW - Preservation and Destruction of Public Records
•Chapter 42.56 RCW - Public Records Act
•Chapter 44-14 WAC-Public Records Act - Model Rules
•Chapter 434-615 WAC - Custody of Public Records
•Chapter 434-662 WAC - Preservation of Electronic Public Records
3.POLICY
The City shall provide for inspection and copying of requested public records as provided
in this policy unless such records are exempt from disclosure under RCW 42.56 or other
law under which disclosure is regulated.
EXHIBIT A
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4. RESPONSIBILITY/AUTHORITY
4.1 PUBLIC RECORDS OFFICER
The City Clerk is the designated Public Records Officer. Except as provided under Section
5.6 of this Policy, the Public Records Officer will oversee compliance with the Public Records
Act and this Policy. The Public Records Officer may delegate the responsibilities of
processing requests to other City staff, including the Record Specialist at the East
Wenatchee Police Department. References to the Public Records Officer in this Policy shall
be interpreted to include his or her designee.
4.2 DEPARTMENT RECORDS COORDINATOR
Directors of departments may also designate a "Records Coordinator" within their specific
department to facilitate access to public records within that department, so long as each
records coordinator is identified to the Public Records Officer. The Records Coordinator
shall coordinate with the Public Records Officer as to receiving and responding to public
records requests.
4.3 CITY STAFF
The public records officer and the City will provide full assistance to reasonably ensure that
public records are protected from damage or disorganization and prevent the fulfilling of
public records requests from causing excessive interference with essential functions of the
City of East Wenatchee.
4.4 CITY ATTORNEY
The City Attorney shall act as the legal advisor for the Public Records Officer, the records
coordinators, and any other City staff. Any of these individuals may seek assistance from
the City Attorney when necessary to carry out their duties under this Policy and the Public
Records Act.
4.5 PERSONAL DEVICES
The City recognizes that City staff and City officials may work on City-related business from
home computers or on other personal devices, or from non-City accounts (such as a non-
City email account), creating and storing City records on those devices or in those accounts.
When the records are prepared, owned, used, or retained within the scope of the staff
member's employment or within the scope of the official's duties for the City, those records
are public records for purposes of this Policy. City staff and City officials shall retain those
records on the devices and in the accounts according to any retention requirements until
the public records are provided to the City by the staff member or official. The City may
require the staff member or official to search the personal device or non-City account for and
EXHIBIT A
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provide any responsive records to the City. In addition, the staff member or official may be
required by the City to sign an affidavit or declaration describing the nature and extent of
his or her search for public records responsive to a public records request that may be
located on the personal device or in the non-city account.
5. GUIDELINES
5.1 LIABILITY
Neither the City nor any officer, employee, official, or custodian shall be liable, nor shall
a cause of action exist, for any loss or damage based upon a release or disclosure of
public records if the person releasing or disclosing the records acted in good faith in
attempting to comply with this Policy or the Public Records Act. This Policy is not
intended to expand or restrict the rights of disclosure or privacy as they exist under
state and federal law. Despite the use of any mandatory terms such as "shall," nothing
in this Policy is intended to impose mandatory duties on the City beyond those imposed
by state and federal law.
5.2 MUNICIPAL SERVICES AND CENTRAL OFFICE
The City of East Wenatchee is a Washington Municipal C orporation that provides a full
range of traditional municipal services to its citizens through various departments. City
Hall, the City's central business office, is located at 271 9th Street NE, East Wenatchee,
WA 98802.
Any person wishing to request access to public records may make a request to the Public
Records Officer. While the Public Records officer may offer help and guidance relating
to any public records request, requests for police records should be directed to that
department. The contact information is listed below.
The public records requests webpage provides details on how and where to submit a public
records request. The webpage is located at:
Public Records | East Wenatchee, WA (eastwenatcheewa.gov)
For questions regarding the online portal, contact the City Clerk’s Office:
City Clerk/Public Records Officer
City Hall
271 9th St NE
East Wenatchee, WA 98802
Phone: (509)884-9515
Fax: (509)884-6233
cityclerk@eastwenatcheewa.gov
EXHIBIT A
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For questions regarding any records maintained by the City’s Police Department should be
made to the Police Records Specialist(s):
Record Specialist(s)
East Wenatchee Police Department
50 Simon Street
East Wenatchee, WA 98802
Phone: (509) 884-9515
publicrecords@eastwenatcheewa.gov
5.3 AVAILABILITY OF PUBLIC RECORDS
a.Index. Pursuant to East Wenatchee Municipal Code 1.28.010, the City of
East Wenatchee determined that maintaining an index is unduly
burdensome, costly, and would interfere with agency operations.
b.City Website. Many records are available on the City's website at
www.eastwenatcheewa.gov. Requesters are encouraged to view the records
available on the website prior to submitting a records request.
c.Maintenance/Order of Records. Each City department will maintain its
records in a reasonably organized manner. Each City department will
take reasonable actions to protect records from damage and
disorganization.
5.4. MAKING A REQUEST FOR PUBLIC RECORDS
a.Any person wishing to inspect or copy public records of the City should
enter the request using the City's public records request online portal at:
East Wenatchee, WA | Public Records Center (govqa.us)
Requests may also be submitted in writing on the City's Public Records
Request Form in person, by regular mail, or fax to the Public Records
Officer. Email requests should be sent to the Public Records Officer and
should include the following information:
1.Name of requester;
2.Date of request;
3.Phone, email, and/or address or other contact information of
requester;
4.Identification of the public records adequate for the Public
EXHIBIT A
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Records Officer or designee to locate the records (title and date,
if known);
5. Location (department) of the requested records, if known;
6. Whether the requester intends to inspect the records or obtain a
copy of the records, at the cost set forth in Section 6.16 of these
policies; and
7. Method by which the City should contact requester.
b. City staff will request that a Public Records Request Form be completed
or that the request be submitted using the City's public records request
online portal as set forth in Section 4 .4(a). However, if the request is made
verbally, by telephone or otherwise, or if the requester is in need of
assistance, responding staff will confirm receipt of the information and the
substance of the request in writing by entering the request information
into the City's public records request online portal on the requester's
behalf.
c. If the records requested are not easily identified, may be kept by multiple
departments, or the requester is unsure of where to file the request, the
requester should direct the request to the Public Records Officer.
d. Upon receipt of a public records request, the Public Records Officer or a
department's records coordinator will advise staff to retain possession of
records covered by the request, including any records that may be scheduled
for destruction.
e. A requester is not typically required to state the purpose of the request.
However, in instances where additional information is required by law or to
clarify or prioritize a request and provide responsive records, the Public
Records Officer, an assisting staff member, or a department's Records
Coordinator may inquire about the nature or scope of the request. If the
requester is requesting a list of individuals, then the Public Records Officer,
an assisting staff member, or a department's records coordinator shall
require the requester to provide information as to the purpose of the request
to ensure the City's compliance with RCW 42.56.070(8).
f. The request for public records must be for an identifiable record already in
existence.
g. The City does not monitor social media sites for public records requests.
EXHIBIT A
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Consequently, the City will not accept a public records request via social
media (Facebook, twitter, etc.)
5.5 PROCESSING PUBLIC RECORDS REQUESTS
a. The Public Records Officer or a department's records coordinator will
process requests in the order received, allowing for requests to be processed
in the most efficient manner.
b. Within five business days of receipt of the request (day one is the first
working day after the request is received), the Public Records Officer or a
department's Records Coordinator will do one or more of the following:
1. Make the records available for inspection or copying; or
2. Identify an internet location where the record can be accessed; or
3. Acknowledge receipt of request, provide a reasonable estimate of
when records will be available and, if the request is unclear, also
request clarification; or
4. Deny the request.
c. If the City does not respond in writing within five business days of receipt of
a public records request, the requester should consider contacting the Public
Records Officer to determine the reason for the failure to respond.
d. In the event that the requested records contain information that may affect
rights of others and/or may be exempt from disclosure, the Public Records
Officer or department's records coordinator may, prior to providing the
records, give notice to those persons. Such notice should be given to make it
possible for those receiving the notice 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. Some records are exempt from disclosure, in whole or in part. If the City
believes that a record or portion of a record is exempt from disclosure and
should be withheld, the Public Records Officer or a department's records
coordinator will state in writing the specific exemption and provide a brief
explanation of why the record or a portion of the record is being withheld.
EXHIBIT A
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5.6 EAST WENATCHEE POLICE DEPARTMENT RECORDS
a. Request to inspect or copy records should be made to the East Wenatchee
Police Department on-line public records request portal:
East Wenatchee, WA | Records Request Center (govqa.us)
b. A record request that encompasses both East Wenatchee Police Department
Records and records of any other department shall be treated as separate
requests for purposes of processing of the request.
c. If the Public Records Officer, another department's records coordinator or
other staff member receives a request for any records maintained by the East
Wenatchee Police Department, then that staff member shall expeditiously
notify the records coordinator(s) for the East Wenatchee Police Department
of the request and the Records Coordinator(s) for the East Wenatchee Police
Department shall be responsible for responding to the request as it pertains
to records maintained by the East Wenatchee Police Department.
d. If the records coordinator or a staff member for the East Wenatchee Police
Department receives a records request that includes a request for records
maintained by another department, then the records coordinator for the
East Wenatchee Police Department shall expeditiously notify the Public
Records Officer and the Public Records Officer shall be responsible for
responding to the request as it pertains to records maintained by the other
department or departments.
e. The Public Records Officer will serve as an advisor to the East Wenatchee
Police Department in responding to a records request but will not provide
oversight in the processing of a records request. The records coordinator for
the East Wenatchee Police Department will be responsible for processing
that portion of a records request pertaining to records of the East Wenatchee
Police Department. In addition, the records coordinator(s) will oversee the
East Wenatchee Police Department's compliance with the Public Records Act
and this Policy. This Section shall not prevent, and is not intended to prevent,
the records coordinator for the East Wenatchee Police Department, the
records coordinator(s) or any other department and/or the Public Records
Officer from cooperatively working together to provide a joint response to or
processing of a records request.
5.7 CLARIFYING REQUESTS
EXHIBIT A
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If the City has requested clarification from the requester and the requestor
fails to respond to the request for clarification then, the Public Records Officer or a
department’s records coordinator shall take the following action:
a. If the entire request is unclear, the request shall be deemed abandoned
and the request shall be closed pursuant Section 5.13; or
b. If the entire request is not unclear, then a response to those portions of the
request that are clear shall be provided to the requestor and the request
shall be deemed complete pursuant to Section 5.12 and shall be closed
pursuant to Section 5.13.
5.8 INSPECTION OF RECORDS/COPIES OF RECORDS
a. When the search for requested records is complete and the public records
are available for inspection, the Public Records Officer or a department’s
records coordinator will notify the requester that the City has completed a
reasonable search for the records and has made any located, nonexempt
records available for inspection.
b. The requester must make an appointment to inspect the records. The
records are generally available for inspection during normal business hours
of Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding legal holidays.
Appointments shall be scheduled so that they do not interfere with the
essential department’s functions.
c. Records must be inspected at City Hall or at a department’s central office.
The City will provide a space for persons to inspect the records. No member
of the public may remove a record from the viewing area or disassemble or
alter any record.
d. A requester wishing to inspect electronic records may be directed to an
internet address where the records can be accessed or be provided access
to a City computer terminal to access the records.
e. The requester must make arrangements to inspect the records within thirty
days of notification that the records are available for inspection. If the
requester fails to inspect the records within the thirty-day period or make
other arrangements, the City may close the request and re-file the
assembled records. In the event the requester submits a new request for the
same or almost identical records, the process will begin anew.
f. If the requester asks for copies of any records, the Public Records Officer or
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a department's records coordinator shall make the requested copies or
arrange for copying. Copies of records shall be provided in accordance with
Section 5.16 of this Policy.
5.9 PROVIDING RECORDS IN INSTALLMENTS
a. When the request is for a large number of records or when a portion of
responsive records is more readily available than others, the Public Records
Officer or a department's records coordinator may provide access for
inspection and copying in installments if he or she reasonably determines
that would be practical.
b. If, within thirty days, the requester fails to inspect the available installment,
the Public Records Officer or a department's records coordinator may
discontinue the search for the remaining records and close the request as
abandoned.
5.10 LATER DISCOVERED RECORDS
If, after the City has informed the requester that it has provided responsive
records, the City becomes aware of additional responsive records existing at the
time of the request, the Public Records Officer or the department's records
coordinator will promptly inform the requester of the additional records and
provide them as soon as possible.
5.11 NO DUTY TO SUPPLEMENT
A public records request is not continuing in nature. If a requester desires
records created or obtained by the City after the date of the records request, the
requester must submit a new records request.
5.12 COMPLETION OF REQUEST
The City's response to a request shall be deemed complete upon the requester's
inspection of the records, or upon notification that copies of all the requested
records are available for payment and delivery or pick up, or upon notification
that records have been mailed or emailed, or upon notification that no
responsive records were located.
5.13 CLOSING COMPLETED, WITHDRAWN OR ABANDONED REQUESTS
When the request is completed or when the requester either withdraws the
EXHIBIT A
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request, fails to timely clarify a request, fails to fulfill his or her obligation to
timely inspect the records, or fails to pay the required amount due for requested
copies, the Public Records Officer or a department's records coordinator will
close the request and indicate to the requester in writing that the City has closed
the request.
5.14 NO DUTY TO CREATE NEW RECORDS
The City is not obligated to create new records to satisfy a public records request;
however, the City may, at its discretion, create such new records to fulfill the
request where the City deems that method of response more expedient.
5.15 EXEMPTIONS
a. The Public Records Act provides that a number of types of records are
exempt from public inspection and copying. In addition, records are exempt
from disclosure if any "other statute" exempts or prohibits disclosure.
Requesters should take note that there are many exemptions contained
outside of the Public Records Act that may restrict the availability for
inspection or release of some records. Many such exemptions are listed in
Exhibit "A" to this Policy, which is attached hereto and incorporated herein
by this reference. This list is for informational purposes only and failure to
list an exemption shall not affect the efficacy of any exemption.
b. The City is prohibited by statute from disclosing lists of individuals requested
for commercial purposes. If a list of individuals is requested, then the Public
Records Officer or the department's records coordinator must comply with
Section 5.4(e) of this Policy.
5.16 FEES FOR PROVIDING COPIES OF RECORDS
a. There is no fee for inspecting public records.
b. The City of East Wenatchee and the East Wenatchee Police Department will
charge the following fees for copies of public records or use of city equipment to
make copies:
Type of Record/Delivery Fee
Standard sized (8 1/2 x 11) black and white paper
copies of public records maintained on paper or
maintained electronically and printed on paper
$0.15 per page (each
side is one page)
EXHIBIT A
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Type of Record/Delivery Fee
Standard sized (8 1/2 x 11) color paper copies of
public records maintained on paper or maintained
electronically and printed on paper
$0.15 per page (each
side is one page)
Scanned paper records $0.10 per page (each
side is one page)
Non-standard copies (oversized copies, photographs,
and similar types of records)
Actual cost
Records copied/scanned by an outside vendor. An
outside vendor may be used due to volume, current
workload of city staff, unique nature of the request,
or any other reason
Actual cost
Electronic files or attachments uploaded to Gov.QA Free of charge
Container, packaging materials, or envelope used to
mail copies
Actual cost
Digital storage media or device (DVD, CD, thumb
drive, flash drive, and other similar items)
Actual cost
Postage or delivery charge Actual cost
Use of information technology expertise to prepare
data compilations, or to provide customized
electronic access services
Actual cost
c. Combined Fees. The fees of this section may be combined to the extent that more
than one type of fee applies to copies provided in response to a particular public
record request.
d. Deposit. Prior to making any copies, the City and/or Police Department may require
a deposit in an amount not to exceed 10 percent of the estimated fee for providing
copies of the public records to the requester.
e. Advance Payment of Fees. The City may require payment of any or all fees prior to
providing copies of the public records to the requester.
EXHIBIT A
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f. Waiver of Fees. The City’s public records officer may waive any or all fees for a
requester when the total estimated fees for copies of public records for a particular
public record request are $5.00 or less.
5.17 BODY WORN CAMERA RECORDING FEES
Fees for body worn camera are as follows:
Redaction Type Cost Per Minute
Video Redaction $0.65
Video & Audio Redaction $0.65
Audio Redaction only $0.65
Postage or delivery charge Actual Cost
a. Advance Payment of Fees. The East Wenatchee Police Department may require
payment of any or all fees prior to providing the copies of the body worn camera
recording to the requester.
b. Waiver of Fees. The Chief of Police or his or her designee may waive any fee for a
requester that is $2.00 or less.
c. Waiver of the fees for Body Worn Camera recordings may occur per RCW
42.56.240(14)(e).
d. Payment may be made by cash, check, or money order payable to the City of
East Wenatchee. Payment may also be made by credit card (Visa or
Mastercard); however, the requester must pay the processing fee assessed by
the credit card company. The current processing fees for credit card payments
may be obtained from the City Clerk.
5.18 REVIEW OF DENIALS OF PUBLIC RECORDS
a. Any person who objects to the initial denial or partial denial of a public
records request may petition in writing to the Public Records Officer for a
review of that decision. The petition must include a copy of or shall
reasonably identify the written statement by the Public Records Officer or a
department's records coordinator denying the request.
b. The Public Records Officer or designee will expeditiously consider the
petition and issue to the requester a written decision either affirm or reverse
the denial within two business days following the Public Records Officer's
receipt of the petition, or within such time as the City and the requester
mutually agree. The written decision shall constitute final action by the City
for purposes of judicial review.
EXHIBIT A
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6.LOG OF PUBLIC RECORDS REQUESTS
6.1 CREATION OF LOG
a.The Public Records Officer shall maintain a log of public records requests
submitted to and processed by the City which shall include but not be limited
to the following information for each request:
1.The identity of the requestor if provided by the requestor, the date
the request was received;
2.The text of the original request;
3.A description of the records produced in response to the request;
4.A description of the records redacted or withheld and the reasons
therefor; and
5.The date of the final disposition of the request.
b.The Public Records Officer may designate a department's records
coordinator to maintain the log of public records requests for requests
processed by that department. If a records coordinator is maintaining a
log of public records, he or she shall provide, on a quarterly basis, a copy
of the log to the Public Records Officer.
6.2 PRESERVATION OF LOG
The log of public records requests must be retained by the City in accordance
with the retention schedule.
EXHIBIT A
City of East Wenatchee
Redaction Key Codes
Key Code Redactions: Brief Explanatory Description Statute / Rules / Case
1A Death Scene Photos Disclosing death scene photos would be highly offensive to a decedent
and to surviving loved ones.
RCW 42.56.050; RCW 42.56.240(1); Comaroto v. Pierce Country
Medical Examiner's Officer, 111 Wn.App. at 78; National Archives v.
Favish , 541 U.S. 157 (2004).
1B Driver's License Number A driver's license number is exempt from public inspection and
copying.
RCW 42.56.230(5); RCW 9.35.005; RCW 42.56.230(7)(c)
1C Endangerment The City has received evidence that the disclosure of a witness’s
identifying information would endanger the person’s life, physical
safety, or property
RCW 42.56.240(2); See Sargent v. Seattle Police Department, 179
Wn.2d 376 (2013).
1D Financial Information A account number, an acccount balance, a code, a credit card
number, a debit card number, a drvier's license number, an electronic
check number, a financial transaction, a password, a social security
number, or a tax identification number is exempt from public
inspection and copying.
RCW 42.56.230(5); RCW 9.35.005; 42.56.050(1); 42 USC §
405(c)(2)(C)(vii)(I).
1E Graphic photographs of a victim’s injuries. Specific investigative records compiled by law enforcement, the non-
disclosure of which is essential for the protection of a person’s right to
privacy, are exempt from disclosure.
RCW 42.56.240(1)
1F Non-conviction data As a general matter, a person's CHRI showing nonconviction data is
prohibited from disclosure. If an individual has not been convicted,
then their CHRI showing nonconviction data cannot be copied or
disseminated, although it may be viewed by a member of the public.
See RCW 10.97.080, Bainbridge Island Police Guild v. City of
Puyallup, 172 Wn.2d 398 (2011)
1G Personal Information and or Invasion of Privacy A record used to prove identity, age, address, or other information
required to apply a a driver's license is exempt from public inspection
and copying. Or, (1) Would be highly offensive to a reasonable person,
and (2) is not of legitimate concern to the public.
RCW 42.56.230(7)(a); 42.56.590)10)(a)(i)(F); 42.56.505
1H Privacy-Attempted Suicide Every individual has some phases of his life and his activities and
some facts about himself that he does not expose to the public eye,
but keeps entirely to himself or at most reveals only to his family or to
close personal friends. Sexual relations, for example, are normally
entirely private matters, as are family quarrels, many unpleasant or
disgraceful or humiliating illnesses, most intimate personal letters,
most details of a man's life in his home, and some of his past history
that he would rather forget.
Restatement (Second) of Torts § 652(D).
1I Security Information regarding the public and private infrastructure and
security of computer and telecommunications networks, and other
such information the release of which may increase risk to the
confidentiality, integrity, or availability of security, information
technology infrastructure, or assets.
RCW 42.56.420(4)
1J Sexual Misconduct Release of information regarding unsubstantiated allegations of
sexual misconduct made against an identified individual is highly
offensive to a reasonable person (e.g. sexual misconduct) and is not
legitimate concern to the public.
RCW 42.56.050
1K Taxes "Taxpayer identity" means the taxpayer's name, address, telephone
number, registration number, or any combination thereof, or any
other information disclosing the identity of the taxpayer. Returns and
tax information are confidential and privileged. No person may
disclose tax information
RCW 42.56.070(1);
RCW 82.32.330;
RCW 42.56.210(1);
RCW 84.08.210
1L Not subject to disclosure Purely private emails, not subject to disclosure under the PRA. Forbes v. City of Gold Bar, 171 Wn.App.857; RCW 42.56.010(3).
1M Information related to domestic violence Private Information RCW 42.56.070(1) and the Washington Constitution Article 1 Section
3.
2A ACCESS Records A law enforcement agency that receives information under 28 USC §
534 may not disseminate such information outside of such agency.
RCW 42.56.070(1); 28 USC § 534(b); RCW 10.97.050, RCW 10.97
.030; RCW 43.43.834(5); RCW 43.43.710.
2B Non-conviction data Non-conviction data” may be disclosed for certain criminal justice
and research purposes, but may not be retained or reproduced to
individuals, except to the person who is the subject of the record.
RCW 10.97.080. Bainbridge Island Police Guild v. City of Puyallup,
172 Wn.2d 398 (2011)
2C Jail records A person's jail records are generally exempt from disclosure under
RCW 70.48.100 without the person's written permission.
Furthermore, booking photographs do not fall within the disclosure
mandate of the Public Records Act.
RCW 70.48.100 (2)(3); RCW 43.43.705;Cowles Publ'g Co. v. Spokane
Police, 139 Wn. 2d 472 (Wash. 1999)
2D Ongoing criminal investigation Specific Intelligence information and specific investigative records
compiled by investigative, law enforcement, the nondisclosure of
which is essential to effective law enforcement or the protection of
any persons right to privacy, is exempt from public inspection and
RCW 42.56.240(1).
2E Request for nondisclosure At the time the complaint was filed, the complainant, victim of crime
or witness indicated a desire for nondisclosure. Employment:
RCW 42.56.240(2)
3A Application Material An application (including the name of the applicant) for public
employment is exempt from public inspection and copying.
RCW 42.56.250(2)
3B Address, Personal email address An employee's residential address is exempt from inspection and
copying.
RCW 42.56.230(3); 42.56.250(4)
3C Birthdate, SSI, Driver License Number The month and year of birth, Social Security Number, Driver License
Number in the personnel file of a public employee is exempt from
public inspection and copying.
RCW 42.56.250(8); 42.56.230(3); 42.56.250(4)
3D Family Medical Leave Act It is unlawful for any person to provide any information in connection
with any inquiry or proceeding relating to the right provided under
the Family Medical Leave Act.
RCW 49.78.300(2)(b)
3E Performance evaluation A performance evaluation which does not discuss specific instances of
misconduct is protected from disclosure.
RCW 42.56.230(3); RCW 42.56.050; Church of Divine Earth v. City
of Tacoma, 13 Wn. App. 2nd 497, 501-502 (2020)
3F Photograph A photograph in the personnel file of a public employee is exempt
from public inspection and copying.
42.56.250(8)
3G Telephone Number An employee's personal telephone is exempt from inspection and
copying.
RCW 42.56.250(3); 42.56.250(4)
3H Family Members Names, Emergency contact
information, Payroll deductions including
amount and identification of deduction.
Personal information in files maintained for employees, appointees,
or elected officials of any public agency to the extent that disclosure
would violate their right to privacy;
RCW 42.56.230(3); 42.56.250(4)
The general purpose of the exemptions to the Public Records Act’s broad mandate of disclosure is to “exempt from public inspection those categories of public records most capable of causing substantial damage to the
privacy rights of citizens or damage to vital functions of government.” Ameriquest Mortg. Co. V. Office of Attorney Gen ., 177 Wn.2d 467, 486, 300 P.3d 799 (2013).
Personnel Records of Public Employees
Investigative, Law Enforcement and Security Records
Privacy
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EXHIBIT A
City of East Wenatchee
Redaction Key Codes
4A Child Forensic Interview An audio/video recording of a child forensic interview are
confidential and exempt from disclosure-court order required for
disclosure.
RCW 26.44.187; RCW 13.50
4B Child victim or witness The City may not disclose the name, address, or photograph of a
living child victim or witness without the permission of the child
victim, the child witness, the child's parent, or the child's legal
guardian.
Washington Public Employees Association v. Washington State
Center For Childhood Deafness & Hearing Loss , 49224-5-II, 49230-
0-II, 49234-2-II, 49235-1-II, 49248-2-II; Wash. Const. art. I, § 7
4C Juvenile Justice Agency The East Wenatchee Police Department is a juvenile justice agency. A
record retained or produced by a juvenile justice or care agency is
confidential.
RCW 13.50.100; 42 U.S.C.A. § 5106a(b)(2)(B)(viii)-(x),
4D Sexual assault of a minor State law prohibits the disclosure of identifying information for
sexual assault victims under the age of 18. This information
specifically includes: Name, Address, Location, and Photographs. If
the victim is a relative or stepchild of the alleged perpetrator, the
relationship between the perpetrator and victim is non-disclosable.
This information may not be disclosed even after the victim turns 18,
as long as the sexual assault occurred when the victim was younger
than eighteen.
RCW 10.97.130 (see also RCW 42.56.240(5)); RCW 10.52.100; U.S
Const. 14th Amend.
5A Abstract of driving record The City may only release a copy of an individual's abstract of driving
record to the named individual or to other specified entities.
RCW 46.52.130
5B Address Unless the requesting party is a business entity requesting the
information for use in the course of business, except for the zip code,
the City may not disclose an individual's address that it obtained from
the department of licensing.
RCW 46.12.635; 19 U.S.C. 2721(1); 18 U.S.C. 2725(3)
5C Driver's License Number The City may not disclose a driver’s license number that it obtained
from the department of licensing.
RCW 46.52.120; RCW 42.56.230(5); 18 U.S.C. 2721(1); 18 U.S.C.
2725(3)
5E Medical or Disability Information The City may not disclose an individual's medical or disability
information that it obtained from the department of licensing.
17 U.S.C. 2721(1); 18 U.S.C. 2725(3); 19 U.S.C. 2721(2); 18 U.S.C.
2725(4)
5F Name Unless the requesting party is a business entity requesting the
information for use in the course of business, the City may not
disclose an individual's name that it obtained from the department of
licensing.
RCW 46.12.635; 19 U.S.C. 2721(1); 18 U.S.C. 2725(3)
5G Photographs The City may not disclose an individual's photograph or image that it
received from the department of licensing.
RCW 46.20.118; 18 U.S.C. 2721(1); 18 U.S.C. 2725(3); 19 U.S.C.
2721(2); 18 U.S.C. 2725(4)
5H Social Security Number The City may not disclose an individual's social security number that
it received from the department of licensing.
18 U.S.C. 2721(1); 18 U.S.C. 2725(3); 19 U.S.C. 2721(2); 18 U.S.C.
2725(4)
5I Telephone Number The City may not disclose an individual's telephone number that it
obtained from the department of licensing.
20 U.S.C. 2721(1); 18 U.S.C. 2725(3)
5G Convictions and Infractions The City may not disclose confidential information it receives from
the department of licensing about a driver's convictions and findings
of infractions.
RCW 46.52.120
6A Attorney-client privilege A communication between an attorney and a client is privilege
information is exempt from public inspection and copying.
RCW 5.60.060(2)(a)
6B Attorney work product Attorney work-product is exempt from disclosure.RCW 42.56.290
7A FBI Information The City may not disclose identification information it receives from
the FBI. Federal Identification Numbers (FID) are confidential.
28 C.F.R. §50.12(b); RCW 42.56.070(1)
8A Autopsy A report of an autopsy or a postmortem is confidential.RCW 68.50.105(1)
8B Medical Information Private health care information and medical information are
protected from disclosure. The City redacted the text to prevent an
unreasonable invasion of personal privacy interests.
RCW 42.56.070; RCW 42.56.360(2); RCW 70.02; RCW
70.02.020(1). HIPAA Privacy Rule, 45 C.F.R. pts. 160, 164; RCW
42.56.210(1)
8C Toxicology Report A report or record of the state toxicologist relating to analysis of a
blood sample is confidential.
RCW 42.56.065
9A Medical Facility The Public Records Act presumes that disclosure of a body worn
camera recording is highly offensive to a reasonable person to the
extent it depicts an area of a medical facility where a patient is
registered to receive treatment, receiving treatment, waiting for
treatment, or being transported in the course of treatment.
RCW 42.56.240(14)(a)
9B Dead Body The Public Records Act presumes that disclosure of a body worn
camera recording is highly offensive to a reasonable person to the
extent it depicts the body of a decease person.
RCW 42.56.240(14)(a)
9C Domestic Violence The Public Records Act presumes that disclosure of a body worn
camera recording is highly offensive to a reasonable person to the
extent it depicts the identity of or communications from a victim or
witness of an incident involving domestic violence
RCW 42.56.240(14)(a)
9D Health Care Information The Public Records Act presumes that disclosure of a body worn
camera recording is highly offensive to a reasonable person to the
extent it depicts an area of a medical facility where health care
information is shared with patients.
RCW 42.56.240(14)(a)
9E Intimate image The Public Records Act presumes that disclosure of a body worn
camera recording is highly offensive to a reasonable person to the
extent it depicts an intimate image
RCW 42.56.240(14)(a)
9F Jail Facilities
Specific intelligence information compiled by law enforcement, the
nondisclosure of which is essential to effective law enforcement, is
exempt from public inspection or copying
RCW 42.56.420(1); Gronquist v. State , 313 P.3d 416, 421 (Wash. Ct.
App. 2013)
9G Minor The Public Records Act presumes that disclosure of a body worn
camera recording is highly offensive to a reasonable person to the
extent it depicts a minor.
RCW 42.56.240(14)(a)
9H Residence The Public Records Act presumes that disclosure of a body worn
camera recording is highly offensive to a reasonable person to the
extent it depicts the interior of a place of residence.
RCW 42.56.240(14)(a)
9I Sexual Assault The Public Records Act presumes that disclosure of a body worn
camera recording is highly offensive to a reasonable person to the
extent it depicts the identity of or communications from a victim or
witness of an incident involving sexual assault.
RCW 42.56.240(14)(a)
Body-worn Camera Recording
Medical Information
Exemptions outside PRA (Statute)
Privileged Information
Department of Licensing Information
Juveniles
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EXHIBIT A
