HomeMy WebLinkAbout2011-021 ORDINANCE NO. 2011-021
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
DECLARING THE MAINTENANCE OF AN ALL-INCLUSIVE INDEX
OF EVERY PUBLIC RECORD TO BE UNDULY BURDENSOME, AS
REQUIRED BY RCW 42.56; AND DIRECTING THAT ALL INDEXES
MAINTAINED FOR INTERNAL CITY USE BE MADE AVAILABLE
FOR PUBLIC INSPECTION AND COPYING
WHEREAS, Title 42, Chapter 56, of the Revised Code of Washington (hereinafter
referred to as RCW), requires all cities and public agencies to maintain and make available a
current index of public records; and
WHEREAS, the RCW also states that if maintaining such an index would be unduly
burdensome or interfere with agency operation, a city must issue and publish a formal order
specifying the reasons why and the extent to which compliance would be unduly burdensome;
and
WHEREAS, the RCW further provides that in spite of such an unduly burdensome order,
all indexes maintained by the city must be made available to provide identifying information on
those records which are to be made available for public inspection; and
WHEREAS, the City of Arlington is a municipal corporation of the State of Washington
which provides general municipal and utility services to its residents and others; and
WHEREAS, the magnitude and diversity of seven 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 into a single index; and
WHEREAS, the performance of the City's overall mission does not allow for the addition
to, or the revision or reassignment of duties for existing personnel so that a current index may be
developed and maintained without additionally-required staff, and
WHEREAS, anticipated City revenues do not allow for additional staff members for the
sole purpose of creating and maintaining such an all-inclusive 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 Arlington, Washington does hereby
ordain as follows:
ORDINANCE NO. 2011-021 1
Section 1. A new chapter 2.112 of the Arlington Municipal Code is hereby created to
read as follows:
Chapter 2.112
Public Records Indexes and Records Requests Under the Public Disclosure Act
2.112.010 Findings
2.112.020 Order Regarding Public Records Index
2.112.010 Findings
A. The Revised Code of Washington (RCW) requires all cities and public agencies to
maintain and make available a current index of all public records.
B. The RCW also states that if maintaining such an index would be unduly burdensome,
or interfere with agency operation, a city must issue and publish a formal order
specifying the reasons why and the extent to which compliance would be unduly
burdensome.
C. When such an order is made, all indexes maintained by that city must be made
available to provide identifying information on those records which are available for
inspection and/or copying.
D. The City of Arlington is comprised of seven (7) departments, their divisions and
subdivisions, which maintain separate databases and/or record-keeping systems for
the indexing of records and information.
E. 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.
F. The City intends to fully comply with the provisions of the RCW as they relate to the
Public Disclosure Act, under RCW Chapter 42.56.
2.112.020 Order Regarding Public Records Index
Based upon the findings set forth in AMC 2.112.010 and pursuant to RCW 42.56.070(4)(a), the
City Council orders the following:
A. The City of Arlington is not required to maintain an all-inclusive index of public
records, due to the fact that the requirement is unduly burdensome and such a list is
nearly impossible to create and/or maintain.
B. The City of Arlington shall make available all public records and any indexes created
for internal use upon request by any citizen. Said indexes shall be maintained and
released in order to obtain those records which are public and not protected by the
exemption portions of the public records act.
ORDINANCE NO. 2011-021 2
Section 2. Severability. If any such provision, section, or part of this ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by tie City Council of the City of Arlington and APPROVED by the Mayor
this L day of J LA IL" 2011.
CITY OF ARLINGTON
MargaretiZarsoil, Mayor
ATTEST:
Kristi anfield, City Clerk
APPROVED AS TO FORM:
*?X—)
St ven J. e, ity Attorney
ORDINANCE NO. 2011-021 3
CERTIFICATION OF ORDINANCE
1, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance #2011-021
was approved at the June 20, 2011 City Council meeting.
ORDINANCE#2011-021
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
DECLARING THE MAINTENANCE OF AN ALL-INCLUSIVE INDEX
OF EVERY PUBLIC RECORD TO BE UNDULY BURDENSOME, AS
REQUIRED BY RCW 42.56; AND DIRECTING THAT ALL INDEXES
MAINTAINED FOR INTERNAL CITY USE BE MADE AVAILABLE
FOR PUBLIC INSPECTION AND COPYING"
A true and correct copy of the original ordinance is attached.
Dated this 215t day of June 2011.
Kristin anfield
City Clerk for the City of Arlington