HomeMy WebLinkAbout3531Ordinance No. 3531
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amended by Ord. 3588
Repealed by Ord. 3799
ORDINANCE NO. 25.31
AN ORDINANCE of the City Council of the City
of Kent, Washington, adopting a formal order, pursuant to
RCW 42.17.260(4)(x), declaring that the maintenance of a
current index of public records to be unduly burdensome
and directing that any indexes maintained for internal City
use be made available for public inspection and copying,
unless otherwise exempt pursuant to applicable law.
WHEREAS, Ch. 42.17 RCW requires all cities and public agencies to
maintain and make available a current index of public records; and
WHEREAS, RCW 42.17.260(4)(a) provides that if maintaining such an
index would be unduly burdensome or would interfere with agency operations, a city
must issue and publish a formal order specifying the reasons why and to the extent to
which compliance would be unduly burdensome; and
WHEREAS, RCW 42.17.260(4)(b) further provides that in spite of such
an order, any index that is maintained by the city must be made available for public
inspection and/or copying; and
WHEREAS, the City of Kent is a municipal corporation of the State of
Washington which provides general municipal and utility services to its residents and
others; and
Public Disclosure Index
WHEREAS, the magnitude and diversity of twelve City departments
with an even greater number of divisions/subdivisions, has resulted in the creation and
use of many different computer systems, programs and information retaining systems
which would be extremely difficult, if not physically impossible, to compile a single
index;and
WHEREAS, the City's operations do not allow for the addition,
revision, or reassignment of duties of existing personnel so that a current index may be
developed and maintained; and
WHEREAS, anticipated City revenues do not allow for additional staff
for the sole purpose of creating and maintaining such a current index; and
WHEREAS, the City has a longstanding and recognized policy of
assisting people who request public information and of providing public records upon
request and does not plan to deviate from that policy; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new chapter, Chapter 1.05, entitled "Public Records
Indexes and Records Requests Under the Public Disclosure Act," is hereby added to
the Kent City Code to read as follows:
CHAPTER 1.05 PUBLIC RECORDS INDEXES AND RECORDS REQUESTS
UNDER THE PUBLIC DISCLOSURE ACT
See. 1.05.010. Findings.
A. Ch. 42.17 RCW requires all cities and public agencies to maintain and make
available a current index of all public records.
2 Public Disclosure Index
B. RCW 42.17.260(4)(x) provides that if maintaining such an index would be
unduly burdensome, or would interfere with agency operation, a city need not maintain
such an index but it must issue and publish a formal order specifying the reasons why
and the extent to which compliance would be unduly burdensome.
C. The City of Kent is comprised of twelve departments, their divisions and
subdivisions, which maintain separate databases and/or record keeping systems for the
indexing of records and information.
D. Because the city has records which are diverse, complex and stored in multiple
locations and in multiple computer systems and databases, it is unduly burdensome, if
not physically impossible, to maintain a central index of records.
E. The City of Kent will make available for inspection and/or copying all public
records, including any indexes that are maintained by the City pursuant to the Public
Disclosure Act, Ch. 42.17 RCW.
Sec. 1.05.020. Order regarding Public Records Index. Based upon the
findings set forth in KCC 1.05.010, and pursuant to RCW 42.17.260(4)(x), the City
Council orders the following:
A. The City of Kent is not required to maintain a current index of public records
due to findings of the City Council that the requirement is unduly burdensome and
such a list is nearly impossible to create and/or maintain; and
B. Pursuant to Ch. 42.17 RCW, the City of Kent shall make available for public
inspection and/or copying all public records and any indexes of public records
maintained by the City to the extent not exempt from inspection and/or copying
pursuant to RCW 42.17.3 10 or other applicable law.
SECTION 2. — Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
3 Public Disclosure Index
SECTION 3. – E fective Date. This ordinance shall take effect and be
in force thirty (30) days after passage __ -,:a a 1— 1 -..
ATTEST:
Ge
BRENDA JACOBER, Y CLERK
APPROVED AS TO FORM:
RNER LUBOVICH, CITY ATTO T
PASSED: v2 / day of w�e-� 2000.
APPROVED: =>?P-, day of �, �ieit/ 12000.
PUBLISHED: 25 day of 2000.
I hereby certify that this is a true copy of Ordinance No. 3.53 ( passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of
the City of Kent as hereon indicated.
P'.\Civil\Ordinance\P.blmPisclndex-Exenrcption.doc
(SEAL)
BRENDA JAC B 'R, CITY CLERK
4 Public Disclosure Index