City Council

Attachment to 5/21/24 Minutes City of Medical Lake POLICY & PROCEDURES Records Management Financial Policy 14.105 Policy Purpose This policy is established to implement guidelines and procedures for the management, retention, and disclosure of public records in compliance with the Revised Code of Washington (RCW), and to ensure transparency, accountability, and accessibility of public records. Definitions • Public Records - As defined in RCW 42.56.010(3), public records include any written, electronic, or recorded information maintained by the municipality, regardless of physical format or characteristics, that is prepared, owned, used, or retained by the municipality. • Public Records Officer - The designated official(s) responsible for the management, maintenance, and retrieval of public records within the municipality. • Identifiable Record – An identifiable record is one in existence at the time the records request is made and that City staff can reasonably locate. I. Compliance and Oversight 1. The municipality will appoint a designated Public Records Officer responsible for overseeing the implementation and enforcement of this policy. The City Clerk shall be designated as the Public Records Officer. The City Clerk, or designee, shall have the authority to fulfill all responsibilities listed in this policy or otherwise required by state law. 2. The Public Records Officer will periodically review the policy and procedures to ensure compliance with applicable laws, regulations, and best practices. 3. The municipality will maintain documentation of public records management activities, including record requests received, responses provided, and any related correspondence, in accordance with RCW 40.14.070. II. Public Records Requests 1. Requests - Any individual may request access to public records of the municipality. Requests are recommended to be made in writing and submitted to the Public Records Officer, but oral requests are accepted as well. 2. Form – Any person who wants to inspect or receive a copy of identifiable public records of the City is encouraged to make the request using the City’s Public Records Request Form (Attachment A) or in writing in one of the following ways: a. By using the City’s request form, available for pickup at City Hall or, by downloading it from the City’s website. b. By letter, fax or e-mail addressed to the City’s public records email: records@medical-lake.org 3. Included Information – The following information should be included in the request: a. Name and address of requestor; b. Other contact information, including telephone number and email address; c. Identification of the requested records adequate for the Public Records Officer to locate the records; and d. The date and time of the request 4. Prioritization of Requests – The Public Records Officer may ask a requestor to prioritize the records described within a request that are requested, so that the most important records may be provided first. Updated __________  Attachment to 5/21/24 Minutes Otherwise, requests shall be completed based on the assigned complexity tier and order received within such tier (See Section IV) 5. Request Confirmation - The municipality will respond to public records requests promptly, as required by RCW 42.56.520. If additional time is needed to gather and review the requested records, the requester will be notified within five (5) business days of the receipt of the request, as per RCW 42.56.520. 6. Fees - Fees for public records will be assessed in accordance with RCW 42.56.120 and Section 8 of the City’s Administrative Fee Schedule. The municipality will provide an estimate of the applicable fees, if any, to the requester before proceeding with the record production. Such fees shall be assessed for installments and must be collected before the installment is furnished to the requestor. 7. Exemption - In the event that a requested record is exempt from disclosure under RCW 42.56, the municipality will provide a written explanation of the exemption(s) cited as the basis for denying access. The Washington State Legislature has enacted numerous laws which prohibit or exempt the disclosure of other classes of information. MRSC maintains and publishes a list of these exemptions in Appendix C of the Public Records Act guide, as seen in Attachment B. 8. Providing “fullest assistance” – These rules and any related policies or procedures identify how the City will provide fullest assistance to requestors and provide timely as possible action on public records requests, while preventing excessive interference with other essential functions of the agency. 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 unreasonably disrupt the daily operations of City Hall or other duties of any assisting employee(s) in other City departments. Due to staffing capabilities and the other essential duties of administrative staff, the time allocated by City Staff for the fulfillment of public records requests shall be a maximum of sixteen (16) hours per month or four (4) hours per week. The City Clerk will keep an accurate and current monthly log of such hours. 9. Good Faith Compliance – The City, and its officials or employees are not liable for loss or damage based on release of public records if the City, official or employee acted in good faith in attempting to comply with the Public Records Act. 10. Installments – When the request is for a large number or scope of records, the Public Records Officer may provide access for inspection and copying in installments if he or she reasonably determines that it would be practical to provide the records in that manner. If the requestor fails to pay the fees for or inspect the entire set of records of one of the installments within thirty (30) days, the Public Records Officer may stop searching for the remaining records and close the request. The Public Records Officer will provide the requestor with a description of what documents are included in each installment and notice when each installment is available. 11. 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. When a request uses an inexact phrase such as “all records related to”, 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. 12. Withdrawn or Abandoned Requests – If the requestor withdraws the request, fails to fulfill the requestor’s obligations to inspect records, fails to respond to a request for clarification from the Public Records Officer within thirty (30) days, or fails to pay the fee or final payment for the requested copies, the Public Records Officer will document closure of the request and the conditions that led to closure. III. Public Record Request Procedures 1. Receive request for public records. If request is oral, provide written confirmation to requestor. 2. Date Stamp the request, then log it in the Public Records Request Log. Information shall include the request number, date of receipt, records requested/request description, date of initial response, date the request is due, date completed, assigned Complexity Tier (See Section IV), and notes about communication with the requestor and details regarding the completion of the request. Updated __________  Attachment to 5/21/24 Minutes 3. Estimate cost of providing the records request, based on the City’s fee schedule and/or RCW 42.56.120, as applicable. 4. Within five (5) business days of receipt of the request, do one or more of the following: a. Make the records available for inspection or copying; b. Acknowledge the request and provide the requestor with a reasonable estimate of when the City will respond to the request. For requests that estimate longer than thirty (30) days, the City will provide a breakdown of records requested along with estimates for each record; c. Acknowledge the request and ask for clarification of a request that is unclear or overbroad, and provide, to the greatest extent possible, a reasonable estimate of the time needed to respond to the request if it is not clarified; or d. Deny the request, notify the requestor of the denial, and provide a written statement of the specific reasons for the denial, with reference to the policy or law on which the denial was based. 5. If applicable, provide notice to third parties whose rights may be affected by the disclosure. 6. Identify and collect responsive records, and document steps taken. 7. If applicable, identify any requests related to email or other correspondence from or to City officials, staff, or officers, perform the following applicable procedure: a. If the requested correspondence is from or to a City email or device, request that the City’s IT perform an email search for the key words or phrases included in the request. The Public Records Officer may then prepare the records produced from the email search for review, using his or her best judgment to consolidate records that truly pertain to the request; or b. If the requested correspondence is from or to a personal email or device, notify the official, staff, or officer of the request and request that they complete and sign an Affidavit of Search and Response to Public Records Request (Attachment B). 8. Identify exemptions, if any, and redact or withhold exempt documents. Consult the City’s legal team, if necessary. IV. Request Complexity Tiers and Treatment The City recognizes that each public records request has varying degrees of complexity and requirements of staff time for fulfillment. As noted in Section III.2, public records requests shall be assigned a complexity tier based on the contents of the request. Public records requests shall be fulfilled in the order that they are received, prioritizing lower tier requests first and higher tier requests last. 1. Tier 1 - Simple Requests a. Description: Requests that are straightforward and require minimal time to fulfill. b. Examples: Meeting minutes, agendas, basic financial reports. c. Estimated Fulfillment Time: Less than 1 week. 2. Tier 2 - Moderate Complexity Requests a. Description: Requests that involve more detailed records or information but can still be fulfilled within a reasonable timeframe. b. Examples: Contracts, budgets, correspondence between officials. c. Estimated Fulfillment Time: 2-4 weeks. 3. Tier 3 - Complex Requests a. Description: Requests that involve extensive research, compilation, or redaction of records. b. Examples: Comprehensive financial audits, large-scale data sets, legal documents. c. Estimated Fulfillment Time: 4-8 weeks or more, depending on the complexity. 4. Tier 4 - Specialized Requests a. Description: Requests that require specialized expertise or resources to fulfill. b. Examples: Requests for specialized data analysis, historical records preservation, extensive environmental impact reports. c. Estimated Fulfillment Time: Varies greatly depending on the nature of the request, with timelines agreed upon on a case-by-case basis. Updated __________  Attachment to 5/21/24 Minutes 5. Tier 5 - Litigation or Legal Requests a. Description: Requests related to ongoing or potential litigation, or requests requiring legal review. b. Examples: Requests for privileged documents, records subject to attorney-client privilege. c. Estimated Fulfillment Time: Varies significantly based on legal proceedings, with timelines determined by legal counsel. V. Retention and Destruction of Public Records 1. Retention - The municipality will adhere to the retention schedules established by the Washington State Archives and the Local Government Common Records Retention Schedule (CORE). Records will be retained for the required periods as specified in the applicable schedules. 2. Destruction - The destruction of records will be conducted in accordance with RCW 40.14, including any specific procedures or requirements outlined in the retention schedules. 3. Destruction Logs - The municipality will maintain an up-to-date inventory of records destroyed, including the dates of destruction, authorized individuals, and the disposal method employed. VI. Training and Education 1. The municipality will provide regular training and education programs to employees involved in the creation, maintenance, and disclosure of public records. The training will cover the requirements of RCW 42.56 and any updates or changes to the law. 2. Employees will be educated on the proper classification, retention, and disposition of public records, as well as the importance of maintaining the integrity and accessibility of these records. Updated __________  Attachment to 5/21/24 Minutes Amended Language 17.42.030(D)(4) All containers shall be screened from all neighboring Ordinance 1115 properties and rights-of-way by a fence or hedge. Fences shall be solid or chain link with slats of no less than six (6) feet in height. Hedges shall be evergreen with a mature Shipping Containers height of no less than six (6) feet. No screening is required when the shipping container is placed greater than 200 feet from a property line. If a site is composed of multiple properties, the screening applies only to the outermost property line. 1 2 Medical Lake Medical Lake High School Middle School 3 4 Monark Chain Link Fence with Slats Solid Fence Self Storage Hedge 5 6 1 Attachment to 5/21/24 Minutes