HomeMy WebLinkAbout2013.02.25 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. February 25, 2013
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Tri- Cities Visitor & Convention Bureau Presentation. (NO WRITTEN MATERIAL ON
AGENDA) Presented by Kris Watkins, President and CEO, Tri- Cities Visitor and Convention
Bureau.
(b) Reject Bids for 4th Avenue Corridor (Court Street to I -182) Project No. C2- 10- 06 -STR:
1. Agenda Report from Mike Pawlak, City Engineer dated February 21, 2013.
2. Vicinity Map.
3. Bid Summary.
(c) Public Records Requests:
1. Agenda Report from Stan Strebel, Deputy City Manager dated February 21, 2013.
2. December 2011 / January 2012 Public Records Requests Log.
3. December 2012 / January 2013 Public Records Requests Log.
4. Recent Complex Records Requests.
5. WAC 44 -14- 04003.
6. Proposed Resolution.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
1. 4:00 p.m., Monday, February 25, Ben - Franklin Transit Office — Hanford Area Economic Investment
Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.)
2. 7:30 a.m., Tuesday, February 26, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention
Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
3. 5:00 p.m., Tuesday, February 26, TRAC — TRAC Advisory Board Meeting. (COUNCILMEMBERS
REBECCA FRANCIK and AL YENNEY)
4. 5:30 p.m., Thursday, February 28, 710 W. Court Street — Benton - Franklin Community Action
Connections Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
AGENDA REPORT NO, 5
FOR: City Council February 21, 2013
TO: Gary Crutchfrel Manager
Ahmad Qayo u lic Works Director
Workshop Mtg.: 02/25/13
FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 03/4/13
SUBJECT: Reject Bids for 4a' Avenue Corridor (Court Street to I -182)
Project #C2- 10- 06 -STR
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/25: Discussion
03/04: MOTION: I move to reject all bids for the 4th Avenue Corridor (Court
Street to I -182) Project in as much as all of the bids received
significantly exceeded the Engineer's Estimate and approved
project budget.
III. FISCAL IMPACT:
Surface Transportation Program (STP) Funds ($485,977)
Arterial Street Funds ($161,350)
Franklin County PUD Contribution ($102,500)
IV. HISTORY AND FACTS BRIEF:
A) This project involves installation of landscaping including irrigation, updating
sidewalks and handicap ramps to current ADA standards, driveway approaches
and other associated street work.
B) The project was originally advertised for construction bids in July 2012. There
were two (2) submitted bids, both of which exceeded the Engineer's Estimate and
funding constraints of the project.
C) At
its August 7, 2012
meeting, City Council
rejected all bids and directed staff to
re-
evaluate the project
and re- advertise it for
construction at a later time.
D) The
project was re- advertised
on
January 13, January 20 and January 27, 2013,
with
a bid opening
on February
5,
2013.
V. DISCUSSION:
A) At the bid opening, staff received two (2) bids for the project. The low bid was
received from Inland Asphalt Company in the amount of $857,135.00. The
second lowest bid was received from A &B Asphalt, Inc. in the amount of
$924,331.35. The Engineer's Estimate for the project was $445,206.50.
B) Engineering staff reviewed the bids and researched the potential reasons for the
receipt of high bids. Based on the research it appears the high bids are due to the
combination of the type and nature of the project, involvement of federal funding,
and willing bidders. To be more specific, the project is primarily a landscape and
sidewalk improvement project (enhancement project) not providing for a desirable
profit level for paving companies (prime bidders). The more likely bidders for
4(b)
this type of project would be landscaping companies. The use of federal STP
Enhancement grant funds includes additional requirements of the prime contractor
including additional documentation. The local landscape companies were not
eager to act as prime bidders due to the extra federal funding requirements and
were willing to act as subcontractors only. In an attempt to secure work, the
paving companies (who were interested in the concrete work; e.g. sidewalks and
driveway approaches) bid the project as prime contractors.
Q Staff has evaluated a number of options including breaking the project into
smaller pieces and separating the landscaping out using local funds, and "tying" a
rebid of this project to another larger project. All options have been discussed
with WSDOT Highways & Local Programs, since H &LP administers the federal
funds and must approve bid advertisement and award. Breaking the project into
pieces will have negative impacts on the project's readiness for construction
approval as its competitive point award will need to be re- evaluated to determine
if it is still eligible for the grant. The environmental review would also need to be
revised. On the other hand, combining or tying the bid of this project to a larger
project (more attractive /profitable for the paving companies, such as an overlay)
would not include either of these issues. Engineering recommends tying a rebid
of the 4th Avenue North Project to the STP Overlay Project due to be advertised
for construction in March 2013. WSDOT H &LP supports this approach.
D) Staff, therefore, recommends that all bids be rejected due to the fiscal constraints
of the project and that the project be rebid in Spring 2013 as a tied bid to a larger
project.
City of Pasco
41h Avenue Corridor (Court Street to I -182)
Project No. C2- 10- 06 -STR
February 5, 2013
BID SUMMARY
BASE BID EVALUATION:
Engineers Estimate
Inland Asphalt Co.
A &B Asphalt, Inc.
$445,206.50
$857,135.00
$924,331.35
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfiel ' i anager
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Public Records Requests
I. REFERENCE(S):
February 21, 2013
Workshop Mtg.: 2/25/13
Regular Mtg.: 3/4/13
1. December 2011 / January 2012 Public Records Requests Log
2. December 2012 / January 2013 Public Records Requests Log
3. Recent Complex Records Requests
4. WAC 44 -14 -04003
5. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/25: Discussion
3/4: MOTION: I move to approve Resolution No. amending Resolution
No. 3446 regarding Public Records Requests.
III. FISCAL IMPACT:
Absent some method to reasonably manage large or complex public records requests
within existing staff resources, the City will be required to dedicate additional personnel
to handling public records requests and /or significantly impact the volume /pace of work
in certain functions.
IV. HISTORY AND FACTS BRIEF:
A) In recent years, the City has seen a rapid growth in the number and complexity of
public records requests. In addition to having to defend its response to numerous
requests in 2011 by litigation, the City has seen the number of requests and the
complexity of requests increase dramatically. For example, in the months of
December 2011 and January 2012, the City received a total of 17 requests with
none of the requests needing more time (beyond five days) for response. During
December 2012 and January 2013, requests have tallied 60 in number with 23 of
them requiring extended time to complete (see Reference Nos. 1 and 2).
B) The City Clerk is the City's Public Records Officer and had typically spent three
to four hours per week (10% of time) coordinating the City's response to and
fulfilling records requests. For the past year or so, the Clerk has been spending
90 -95% of her time, or 36 plus hours per week, on records requests. Additionally,
other city departments (from Information Services to Human Resources, plus
operating departments) have been called upon to devote significant staff resources
to the increasing workload associated with records requests.
C) Not only has the number of requests increased dramatically, but the complexity of
requests has also increased with citizens asking for records (or in some cases,
information) requiring significant research, and for all types of records including
electronic, video and metadata. See reference No. 3 for samples of some of the
complex requests recently received.
D) The number and complexity of records requests have the potential to consume
significant staff resources and, because there is no protection of the City's
resources from the "serial" or abusive records requestor, cost the taxpayer in
terms of service delivery or higher expenses due to staffing increases. In a time of
4(c)
restricted local government revenue, the cost implications of a system that has
virtually no checks and balances are clearly some of the unintended consequences
of the state's approach to public records.
E) While some may suggest that
believe that is not entirely the
received, together with the expe
state (i.e., Mesa, Prosser, Gold
framework that will enable it to
while maintaining a reasonable
and budget.
the condition is temporary, staff is inclined to
case. The diversity of requests that are being
riences of other local governments throughout the
Bar) suggests that the City must put in place a
respond to the demands of the public and the law
deployment and allocation of its staff resources
F) Because the matter of records production can be very complex in type, subject,
location and efficiency and because the law is still so much open to interpretation,
the City cannot simply hire additional "clerks" on a temporary basis to respond to
increases in workload. The nature of the work requires scheduling, coordinating
and decision making, coupled with considerable training, in order to avoid legal
pitfalls and wasted effort. As the City Clerk's office is the central place of contact
and coordination it becomes the critical "choke- point" in the City's handling of all
requests.
G) Relying on its experience and guidance from the State Attorney General
(WAC44 -14- 04003), staff has developed an approach that will help preserve the
City's ability to process relatively simple requests quickly and efficiently and
without the need to be held up when staff resources are required for large,
complex requests. The proposed process will allow staff to use several criteria to
determine if a request is simple and routine or large and complex. (See pages 4
and 5 of the attached Resolution.) Large and complex requests will be processed
in the order that they are received and staff proposes, initially, to allocate
approximately 50% of available time to responding to such requests. Simple
requests will also be processed in the order received with an initial allocation of
one half of estimated staff resources. The system may be likened to that
implemented in grocery stores with "express lanes" for those with a limited
number of items and regular lanes for those with fuller baskets. As this is a
concept with which the public is thoroughly familiar, staff feels there will be
understanding and acceptance by most. (Note: the proposed amendment to the
City's Resolution on Public Records Requests provides the option for a records
requestor to simplify their request, thus providing the option to move their request
to the "express" lane.)
H) Until and unless the state legislature is willing to consider the budgetary demands
on local governments, which are being brought about in the absence of any
reasonable limits in the public records law, the City must manage its resources to
provide the best service to the most citizens. Absent this approach, the City will
have no alternative but to increase trained staffing to respond to requests which,
seemingly, have no limits.
V. DISCUSSION:
A) Since Council discussion of this item on February 11, staff has added changes to
Section 1 of the proposed resolution, providing for identification of contact
information for those requesting fire and emergency medical services incident
records (see Reference 5, page 2).
B) In addition, the amendment language has been revised to permit temporary
changes (to be able to respond administratively to unanticipated circumstances)
but requires City Council approval of any long -term change in the method or
criteria. It also references the Evaluation Rating Sheet and sets the threshold at
nine points (Reference 5, page 5).
C) Lastly, an administrative appeal process was added (Reference 5, page 6).
D) Staff urges approval of the Resolution.
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City of Pasco
525N3i6Ave POBox293
Pasco WA 99301
Po: 509- 545 -3402 Fax 509-543 -5727
waw.pv wa.gar
Request for Public Records
I am requesting the records described below. (Please provide any additional information that will help us
locate them for you as quickly as possible. Use correct address, date, document title, etc.)
See Attached.
Pasco Police Records Request (if applicable):
Name of person involved:
Incident type:
Incident Date / Time:
Incident location:
s
L I will inspect the documents at City Hall (no fee).
❑ I request the documents be copied for me (see page2 for fees).
❑X I request the documents be seat to me electronically at the email address written below (no fee).
Within five business days of receiving the request, the City will respond by:
• Providing the record, or,
• Acknowledge the receipt of the request and provide a reasonable estimate of time to respond or,
• Denying the request.
Washington State law, RCW 42.56.070(9), prohibits the use of public record lists of individuals for
commercial purposes. The undersigned acknowledges that if he/she uses, or allows others to use, such
records for commercial purposes, they may violate the rights of the individuals listed and may be liable
for damages. "Commercial purposes° means that the person requesting the record intends that the list
will be used to communicate with the individuals named to the record for the purpose of facilitating
profit-expecting activity.
I certify that any lists of individuals obtained through this request for public records will not be used for
commercial purposes.
In the event of dispute, Such dispute shall be resolved by arbitration unless litigation is elected by
checking this box: G
Date
st
�� .iS +y phone R
SZ\
Any and all documents related to expenses, costs and fees associated with annexations from September
11 2009 to present for each of the following categories:
1. October 2011 City of Pasco Annexation Questions and Answers publication sent out by Mayor
Watkins, including preparation, publication, production and mailing;
2. Litigation under Franklin County Superior Court cause 11 -2- 50910 -1;
3. Litigation under Franklin County Superior Court cause 12 -2- 50849 -9;
4. Litigation under Franklin County Superior Court cause 12- 2- 50949 -5;
5. Any and all other annexation related litigation;
6. Attorney fees for items not related to litigation enumerated herein;
7. Consultant fees;
8. Monday morning broadcasts on KONA 610 AM;
9. Annexation "Facts" Committee;
10. Any and all publications, including preparation, publication, production and mailing;
11. Any and all utility bill publications, including preparation, publication, production and mailing;
12. Any and all Pulse Articles, including preparation, publication, production and mailing;
13. Press releases;
14. Videography;
15. City staff letters to the editor for the Tri-City Herald;
16. Updates to the City's website;
17. Meeting and agendas;
18. Meetings with Fire Protection District No. 3;
19. Staff time;
20. Any and all categories not enumerated above.
Electronic format.
Thank you.
0
City of Pasco
�^ O 525 N 3ei Ave PO Box 293
}Vc� Pasco WA 99301
Pb: 509- 545 -3402 Fax: 509-543 -5727
W W W.pasc W&gov
Request for Public Records
I am requesting the records described below. (Please provide any additional information that will help us
locate them for you as quickly as possible. Use correct address, date, document title, etc.)
For the recent census of Riverview Area it2, any and all documents, including but not
li ired AUPcUu&n it Aa datm nnll inn f
It
time records, census takers, addresses visited, individuals talked to, notices posted,
responses received, reports generated, etc.
Electronic format.
Pasco Police Records Request (if applicable):
Name of person involved: DOB
Incident type:
Incident Date / Time: Pasco PD Case No
Incident location:
U a war mstw-cr rue aeclmienlS ar t lly min tno Iee).
❑ I request the documents be copied for me (see page2 for fees).
Q I request the documents be sent to me electronically at the email address written below (no fee).
Within five business days of receiving the request, the City will respond by:
•. Providing the record, or,
• Acknowledge the receipt of the request and provide a reasonable estimate of time to respond or,
• Denying the request.
Washington State law, RCW 42.56.070(9), prohibits the use of public record fists of individuals for
commercial purposes. The undersigned acknowledges that if he/she uses, or allows others to use, such
records for commercial purposes, they may violate the rights of the individuals listed and may be liable
for damages. "Comm=ial purposes" means that the person requesting the record intends that the list
will be used to communicate with the individuals named in the record for the purpose of facilitating
profit- expecting activity.
I certify that any lists of individuals obtained through this request for public records will not be used for
commercial purposes.
In the event of dispute, such dispute shall be resolved by arbitration unless litigation is elected by
checking this box: �j
Signature /r/tii. /C �jvr c 7 Dale 114;11a;613
Print Name S 'f &N O A. Address 4 5 Ge / X'�j g l?_4f)k�
City��c S L St `f %�% Zipl Phone .✓��✓� �%�
Email Z4 � i i ;rg—
8/y
City erposoo
525 N 3rd Ave PQ Box 293
Pasco WA 99301
Ph: 504 - 545-3402 Fax: 509. 543.5727
www.pasco- wa.gov
Request for Public Records
1 am requesting the records described below. (Please provide any additional information that will help us
locate them for you as quickly as possible. Use correct address, date, document title, etc.)
See Attached.
Pasco Police Records Request (if applicable):
Name of person involved:
Incident type:
Incident Date / Time:
Incident location:
M
Pasco PD Case
❑ I will inspect the documents at City Hall (no fee).
❑ I request the documents be copied for me (sec pagc2 for fees).
❑x I request the documents be sent to me electronically at the email address written below (no fix),
Within five business days of receiving the request, the City will respond by:
• Providing the record, or,
• Acknowledge the receipt of the request and provide a reasonable estimate of time to respond or,
• Denying the request.
Washington State law, RCW 42.56.070(9), prohibits the use of Public record lists of individuals for
commercial purposes. The undersigned acknowledges that if he /she uses, or allows others to use, such
records for commercial purposes, they may violate the rights of the individuals listed and may be liable
for damages. "Commercial purposes" means that the person requesting the record intends that the list
will be used to communicate with the individuals named in the record for the purpose of facilitating
profit- expecting activity.
I certify that any lists of individuals obtained through this request for public records will not be used for
commercial purposes.
In the event of dispute, such dispute shal I be resolved by arbitration unless litigation is elected by
checking this box: Q
Signature
Print Name Mark Mansell Address
City Pasco
Date 1/23/13
st WA Zip 99301 Phone 504 -547 -6173
Fax Email mark@saracon.net
m
Any and all documents (including but not limited to invoices; requisitions; work orders; approval
documents; inspection documents; expense statements; total payments made by the City; payments
made by the City for each address; payments made by residents or others for each address; liens against
properties related to subject public improvements; completion records, LID documents; certificates of
acceptance; emails; letters; easements; dedications; location of improvements; etc.) for any and all
public improvements, repairs, modifications, vacations and maintenance equal to or exceeding $].00 in
value made within two thousand five hundred (2,500) feet of the outer perimeter of each of following
property addresses;
1. 8616 Massey Drive, Pasco, Washington 99301;
2. 8914 Whipple Avenue, Pasco, Washington 99301;
3. 2904 Road 68, Pasco, Washington 99301;
4. 3114 W. Wilcox Drive, Pasco, Washington 99301;
5. 909 N. 26'i Avenue, Pasco, Washington 99301;
6. 1020 N. Oregon Avenue, Pasco, Washington 99301;
7, 5008 Desert Plateau Drive, Pasco, Washington 99301;
S. 9715 Nottingham Drive, Pasco, Washington 99301;
9. 9004 Whipple Avenue, Pasco, Washington 99301;
10.6203 Maryhill Lane, Pasco, Washington 99301;
11. 2903 N Commercial Avenue, Pasco, Washington 99301.
11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE
TIMOTHY W. MAUONEY, P. S
ATrOmW AT LAW
2690 WEST E471AT AVENUE
KFNNEWICK, WA 99338
TELEPHONE (509) 793 -7437
t FAX (509) 783-5319
21, 2012
Debbie Clark
City Clerk
525 North 3rd Avenue
PO Box 293
Pasco, WA 99301
RE: 681 through 726 Public Record Request
City of Kennewick v. Rigoberto Hernandez
PAGE 02/19
` rn
Pursuant to Chapter 42,56 of the Revised Code of Washington, I am hereby
requesting that you provide me with a copy of the following documents or
materials:
Please provide records of funds received by Tri-City Animal Control (TCAC),
Animal Control Authority (ACA) and A2Z Animal Sheltering Service from
Washington State University Veterinary School of Medicine (WSU -VM) since
January 1'C 2007 through 2012.
Please provide the outreach programs.( including those that.give support,
education and assistance to pet - owners) offered by annual canvassers
representing TCAC and A2Z Animal Sheltering Service in the cities of Pasco,
Kennewick and Richland regarding pet training classes, adoption programs,
low -cost spay - neuter services and volunteer partnering programs for foster -
care as well as volunteers to pairtner for pet - socialization.
Please provide the promotions for programs set for adoptions on Black Friday
(November 23, 2012) See attached Blog from YesBiscuit! (11/20/12)
Please provide similar
programs
as those outlined in the attached
Blog from
Nathan J. Winograd -
The Keys
to the Kingdom (11/25/ 12)
Please provide records of funds received by TCAC, ACA and A2Z Animal
Sheltering from Paul G. Allen for Global Animal Health since January 1sT 2007
through 2012.
Please provide the number of animals sent to WSU -VM by TCAC since April 16,
2003 through January 1st 2007.
11/21/2012 11:36 5097835319
Please provide the number of animals
Animal Sheltering Service from Janua
Please provide the number of animals
since April 16, 2003 through January
MAHONEY LAID OFFICE PAGE 03/19
sent to WSU -VM by TCAC and A2Z
ry 1st 2007 through 2012,
returned alive from WSU -VM to TCAC
1St 2007.
Please provide the number of animals returned alive from WSU -VM to TCAC
and A2Z Animal Sheltering Service from January 181 2007 through 2012.
Please provide all correspondence including emails between WSU -VM and
TCAC and A2Z Animal Sheltering Service pertaining to animals sent to WSU -
VM according to the contract between TCAC and A2Z Animal Sheltering Service
signed on April 16, 2003 through 2012,
Please provide all correspondence including email between WSU -VM and all
members listed below on the Operating Jurisdiction Agreement for the Animal
Control Authority (ACA) from January 131, 2007 through 2012.
Members are listed but as new names may be included since January 19t, 2007
- Please include new members as well. (i.e., the Mayor of Pasco is now Mayor
Watkins)
ACA Members:
City of Kennewick
Robert R. Hammond, City Manager
Valerie J. Loffler, City Clerk
John S. Ziobro, City Attorney
City of Pasco
Gary Crutchfield, City Manager
Joyce Olson, Mayor
Debra 1. Clark, City Clerk
Leland B. Kerr, Attorney
Sylvia Glover, Assistant Attorney General
City of Richland
John C. Darrington, City Manager
Cynthia Johnson, City Clerk
Thomas O. Lampson, City Attorney
Please provide all correspondence and emails from Charlie Powell, WSU -VM
staff and Warwick Bailey, WSU -VM Veterinarian (and his replacement) to
11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE PAGE 64/19
TCAC, ACA and A2Z Animal Sheltering Service from April 16, 2003 through
2012.
Please provide all correspondence and emails from any representative from the
Paul G. Allen for Global Animal Health to TCAC, ACA and A2Z Animal
Sheltering Service from January Iat 2007 through 2012.
Please provide the number of animals that have been sent to the Paul G. AIen
for Global Animal Health from TCAC and A2Z Animal Sheltering Service from
January lot 2007 through 2012.
Please provide the yearly budget of the ACA from January lot 2007 through
2012.
Please provide a record of a separate fund for the receipt of fund from the ACA
cities and for the payment of expenses for the ACA from January 1st 2007
through 2012.
Please provide the definition of administrative oversight to the ACA's contractor
for animal control and sheltering services from January 1 °t 2007 through
2012.
Please provide records on ACA owned equipment and inventory, including
vehicle maintenance and replacement accounting from January In 2007
through 2012.
Please provide records from ACA scheduled meetings including agenda and
minutes from January Iat 2007 through 2012.
Please provide all correspondence and emads from ACA members to the TCAC
and A2Z Animal Sheltering Service from January Ist 2007 through 2012.
Please provide all correspondence and emails from TCAC and A2Z Animal
Sheltering Service to the ACA from January lot 2007 through 2012.
Please provide a certified copy of the Annual Report filed by A2Z Animal
Sheltering Service from January lot 2007 through 2012.
Please provide the number of research laboratories, teaching facilities and
businesses (i.e.. domestic and foreign - Nihon University and any others) that
receive harvested animal parts from WSU -VM via the animals culled from
TCAC and A2Z Animal Sheltering Service since April 16, 2003 through 2012.
Please provide an accounting of the funds received by ACA, TCAC and A2Z
Animal Sheltering Service from research laboratories, teaching facilities and
businesses (foreign and domestic) for the animals and harvested animal parts
11/21/2012 11;36 5097935319 MAHONEY LAW OFFICE PAGE 05/19
supplied by ACA, TCAC and A2Z Animal Sheltering Service since April 16, 2003
through 2012.
Please contact for any clarification - Thank you.
Sincerely,
Mlallon����
Enc.
11/21/2612 11:36 5097835319 MAHONEY LAJ OFFICE PAGE 66/19
CIW CLERK (509) 545 -3402 / Fax
525 North 3rd Avenue Po )30x 293 Paaco WA 993
Fax 509- 783 -5319
November 6, 2012
Mary Mahoney, Attorney at law
2630 West Entiat Avenue
Kennewick WA 99336
Re: 681 through 726 Public Record Requests
Dear Mary,
'Y09) 543 -5727
w - Puoo- wa -gov
At this time we would like to renew our invitation to you to view the records you had requested. Please
advise when you would like to schedule a time to view the records and I will gladly reserve a conference
room and have staff available to assist.
Also please advise if there are still any documents outstanding on requests #681 through #726, as
always we welcome any clarifications concerning these public record requests.
However, if you are satisfied with the documents that you have previously been provided and no longer
wish to view the documents that are available please advise,
If t have not received a response from you within 30 -day5 from the date of this letter providing new
search criteria, clarifying your request(s), or scheduling a time to view the records, then your requests
will be closed. 1 look forward to receiving a response from you.
If I can be of further assistance at this time, do not hesitate to contact the undersigned.
Sincerely,
r171r�1
Debbie Clark, City Clerk
Administrative and Community Services
509 -544 -3096
clarkd @pasco- wa.gov
11/21/2012 11:36 5097935319 1 MAHONEY LAW OFFICE PAGE 07/19
The Keys to the Kingdom: Nathan. J Winograd
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The Keys to the Kingdom
November 15, 2012 by Nathan J. Winograd
Pagel of 5
11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE PAGE 08/19
The Keys to the Kingdom: Nathan I Winograd
Page 2 of 9
Chippewa County is located on the Upper Peninsula of Michigan. It isn't a wealthy community: the average per
capita income is only $19,334. And it is cold. It gets an average of 99 inches of snow every year. In 7anuary; the
average temperature is six degrees. But what it makes up for in big dollars and warmth is something worth much
more: big hearts and a burning desire to save lives. In 2011, Chippewa County bad a 95% rate of lifesavine. The year
before it was 93 %.
It was not always like that. Cats were often killed on intake. There were very limited times that the "pound" was
open to the public. The facility had no outside area for dogs, The dogs rarely if ever left the building. Volunteers
were not allowed or welcome even though many tried to help. Despite promises of change, including the building of
a new facility, things did not improve and in some cases, worsened. According Deborah Green, one of the leaders of
the No Kill initiative, "A wonderful new facility was built in 2003 but unfortunately the old employees and their
philosophy came with it." As many as eight out of 10 animals were killed.
After members of the public agreed to find a foster home for a pregnant dog and committed to saving all of her
puppies, staff killed the dog instead. That is when everything changed. The old regime left and Holly Henderson was
hired. Deborah Green calls Holly's hiring the "best decision the County ever made."
According to Green,
She has had the interest of the animals as the first priority from day one. I have seen what having the
wrong people in charge can result in. The goal has to be that "every animal that is savable must be
saved". You have to be dedicated and strong, umvaiverable, to make that happen and that is Holly. Holly
has always found a way to make it work no matter how much effort or work it entails. The continued
success of ... the Chippewa County Animal Control Shelter is due to Holly and all her hard work and
determination.
Meet Holly Henderson.
11/21/2812 11:36 5897835319 MAHONEY LAW OFFICE PAGE 89/19
The Keys to the Kingdom: Nathan .t Winograd
Page 3 of S
Holly came to the U.P. from Santa Monica. California. Although she did not bring sunny weather with her, she did
bring a refreshing "can do" attitude, and a dedication to saving lives. She also brought anew mindset: she embraced
the community. In fact, Dolly is a self - admitted "broken record." Whenever she needs help, whenever things look
tough, regardless of the challenges, her answer is always the same: she reaches out to her community. Holly
attributes all of Chippewa's success to the support of her staff, the willingness of the volunteers, and the kindness of
her community.'
When 1 took over the animal shelter in Tompkins County, the then - shelter manager once told me that volunteers
"were more trouble than they are worth." Needless to say, she was replaced. And a dozen or so regular volunteers
quickly became hundreds. They were key to our success. In Reno, the Nevada Humane Society has grown their
volunteer program from a small handful to nearly 8,000. They are key to their success. But Holly goes one step
further: she doesn't just embrace volunteers, she gives them the keys to the kingdom. Literally. She literally gives the
keys to the shelter to a dedicated core of volunteets so that they can come and go as they please. "These are
professional people," Holly explains, "[When they take a] genuine interest in the shelter and the needs of our pets I
make sure they have access to the facility at their convenience."
11/21/2012 11:36 5097835319 MAHONEY LAW OFFICE PAGE 10/19
The Keys to the Kingdom: Nathan 1 Winograd
According to Holly,
Page 4 of �
It allows key volunteers to come into the shelter when it best suits their schedule. For example, Don and
Sharon, a husband and wife team, come in after hours to 'interview' cats for their Petfinder posting as
well as writing a personality description for their cage. Don also keeps a long path mowed through the
grass for volunteers who walk dogs.
We also have another team, sisters Kristin and Tammi, who come in Sunday evenings, a day we are
closed to the public, to let our dogs out for their potty break. Kristin also does our incredible pet pictures
for our Petfinder site.
Prior to coming to Chippewa, Holly's only previous shelter experience was as a volunteer for a kill shelter in
California. When she found herself in charge of the shelter in Chippewa County and having to make the decision of
who lives and who dies, she did not fall back on excuses_ As she has done over and over again, she reached out to
her community for help. No matter what the topic and what area of shelter operations, Holly never takes credit for
her success. She is always pointing at others:
1 know most of my answers are now beginning to sound like a broken record but I so often bear the
complaint of 'it's not possible to be no -kill being a municipal organization, we don't have the budget,
we don't have the staff...' 'There is such an easy answer to this question, Volunteers! I absolutely cannot
do this job without their help, plain and simple. You can't and you won't get to no -kill without them.
In fact, I asked her if she had one piece of advice for other shelter directors, especially those who continue to kill
healthy and treatable animals, it was —you guessed it volunteers:
11/21/2012 11:36 5097635319 MAHONEY LAW OFFICE PAGE 11/19
The Keys to the Kingdom! Nathan J Winograd
Page 5 of s
There are so many incredibly talented, kind, professional people out there willing to put their time and
money into your organization.
What I came to realize after reading 'Redemption' is that it wasn't enough to not [kill] adoptable
animals: we owe it to them to provide more than just shelter. We need to make sure they stay with us the
shortest amount of time possible as well as providing the best care possible, physical and emotional. As
long as I am at the shelter we will always work, strive to become better; and in a municipal organization
such as ours I can't get there without volunteers.
Directors may claim volunteers are welcome in their shelter. Holly is willing to give them the keys to it.
*Holly mentioned and thanked so manypeople in the interview that, unfortunately in the interest oflength, X could
not include them all. But a special thanks from Holly to Dr, Chrivtopher Hall, Dr. Mandie Wehr, Marilyn Carter,
Don and Sharon Brunner, Kristin Green and Tamml Proulx, and many, many others.
Have a comment? Join the discussion by clicking here.
My Facebook page is facebook.com /nathanwinoirad. The Facebook page of my organization
is faccbook .com/nokiiladvocac,/center. Many people mistakenly believe that the Facebook pages at No
Kill Nation and No Kill Revolution are my pages. They are not
prgett:•[tel9dtl.
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Filed Under 13lu Posts
Tagged: Chippewa County Animal Shelter, Holly Henderson: Nathan Winograd, No Kill
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11/21/2012 11136 5097835319 _ MAHONEY LAW OFFICE PAGE 12/19
What is your local shelter doing for Black Friday? a Yesoiscuit!
Yes6iscuit!
Shelter (noun): Something that affords protection; a refuge, a haven.
What is your local shelter doing for Black Friday?
November 20, 2012
(h—t :ZlYesbiscuit-file,s.wordptess.com/2012/11/051108,jwlbal,ipg)
Black dog, green tennis ball.
Page I of 3
Is your local shelter running an adoption promotion on Black Friday in order to take advantage of so
many people being off work and out shopping? A long weekend is an excellent time to bring home a
new pet since there will be extra time to spend helping him Ieam the new routine,
11/21/2012 11:35 5097835319 1 MAHONEY LAW OFFICE PAGE 13/19
What is your local shelter doing for Black Friday? a YesBiscuit!
Page 2 of 3
Kansas humane Society (ht!R://www.ka-nsas.com/2012/11/20/2575 340/wichita girl hopes to hem
more.htmb in Wichita is waiving adoption fees on all black pets this Friday and discounting fees on
their other pets. The �jgtte pound
Oil to: / /charmeck ore /city /charlotte /CMPD /o anizatirni/ Support /AatimalControl/Pa &gefault asp�x
in NC will be closed to the public although the website doesn't state if the kill room will operate on
normal hours.
Posted by Yes$iscuit
Filed in animal shelter
4 Comments )�
4 Responses to "What is your local shelter doing for Black Friday ?"
I. Breni Says:
November 20, 2012 at 12:23 pm
We have a local city shelter here that is going to be closed Thursday- Sunday. It makes me want to
cry. Our shelter will be open Friday - Sunday, and our new retail adoption center will have
extended hours for the weekend.
Reply
2, Vickie Brown Says:
November 20.2012 at 12:26 pm
Seriously ? ?? The County of Sonoma is taking the Holiday! But I bet they will still kill animals in
there, the ones that are working. They did on the 4th of July. Yep ... I guess I'll be doing another
FOIA. on this wonderfully screwed up Holiday for the Shelter Animals of Sonoma County... Sigh...
Re_ ly
3. nkbn Says:
November 20. 2012 at 12:32 p
11/21/2012 11:36 5997835319 MAHONEY LAW OFFICE PAGE 14/19
What is your local shelter doing for $lack Friday? (i Yes13iscult! Page 3 of 3
Buffalo Humane is having a Cat Friday adoption event
https: /hvw W.facebook coo 1 /events/ 798967900125/ We adopted all our black cats at our
Halloween event, so we couldn't do a black cat event;) It is rather silly to be closed on one of the
biggest shopping days of the year. We tried to get a mall adoption event going, but we were too
late this year to get a spot. Hopefully next year!
Ren y
4. Karen Josephson Says:
November 20.2012 at 1.48 pm
County Govemments RARELY take Animal Control OR adoptions into consideration for holidays
- or any other day for that matter! For example - in Montgomery County Tennessee where I was
Director- I was reprimanded when I had the facilely open for adoptions and had staff working to
get animals to a safe home. The county HR Director informed me that I violated a Federal Wage
and Hour Law doing so and that my staff needed their holiday more than anyone. We rotated
shifts and holidays and the staff didn't mind ... except one who I subsequenity fixed. But then in
Cheatham County Tennessee where I was Director - it was supported for me to be open for
adoptions whenever I felt it would benefit - AND it was allowed for staff to take their "holiday"
another day. Staff has to work everyday to care for the animals so WHY NOT be open to the public
too ? ?? It's all in who's running the local government. And most of them frankly don't give a damn.
BUT we elect these people and need to do a better job vetting them!!!
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- MAHONEY LAW OFFDC'E
PAGE 15/19
Animal Sheltering in the
Words of Those
Who Don't and Those Who Do a YCSBlscuit!
Page 1
of 5
YesBiscuit!
Shelter (noun): Something that affords protection; a refuge, a haven.
Animal Sheltering in the Words of Those Who Don't and
Those Who Do
November 19, 2012
No kill is not real, in the words of killing apologists:
"[pllease don't believe that no kill shelters work- They simply do not."— Ed Snnith
(httva/vesbiscui +wordor g cam /2012/09h9/[i of tho dg arrnit c. is a great safe place for "-
animals ACO Humane Society of Carroll Co in MD
"When you have a no-kill shelter, someone else is going to have to kill." — Connie Kondravyv
Ltty: / /vesbiscuit.wordpress comt2012 /l0 /30 /tancaster nr per k;ilarq need to-stetrup to he-
co- founder Organization for Responsible Care of Animals in PA
Compare to the words of people who were there when their shelters stopped killing pets:
"When I hear someone deny that No KiII communities are possible, I think of a shelter in upstate
New York, a place where one day it looked sickeningly hopeless, and the next day everything
changed." — Valerie Haves (http /Iwww examiner com /article /i was th rune vol in r s view of
a- shelter -s- transition -to-no -kill) former volunteer at Tompkins Co SPCA, in NY
I never knew how big of a change we could make, I just kept thinking, if we can save one scared
kitten just by holding it every single day, it wouldn't be enough, but it would be a step in the right
direction. [ ... I All I ever thought about through the whole process was what type of organization
this could be to work for. Now, it is a great one!!! I never imagined so many lives could be saved! —
IDa=a Kennedy (v httn•! /yesbiscuit wordprP« com/2n1" /`18 /testifv /) former manager UPAWS in
MI
We all want the same thing(Nobody wants to kill shelter animals, in the words of those
responsible for the killing:
11/21/2012 11:36 5097835319 - MAHONEY LAW OFFICE PAGE 16/19
Animal Sheltering in the Words of Those Who Don't and Those Who Do « YesBiscuit! Page 2 of S
"We're all here for the same reason- We should work together." — Mgry Anne Tolbert
Lhttp:Uyesbiscuit wordpress com /2012 /01 /31 /srshelter- director fired rescuers allege not enough
killing(, director Chester Co pound in SC
"We do not want to euthanize healthy dogs and cats," - Brandon Bennett
(hit 2: / /vesbiscuit.wordnress corn/2012 /05 /22/fort- worth �t,ol +ors failing pj�n ramps uv the fails
Code Compliance Director Ft Worth AC & C in TX
Compare to the words of no kill shelter directors:
"Once you eliminate killing as an option, humans are incredibly creative." — Bonncy Brown
(hU://vimeo.com /4844590 , director Nevada Humane Society in Reno
"On my second day, the cages got full and as someone brought in a litter of puppies, one of my
staff members turned to me and said, 'Who are you going to kill to make room for this litter of
puppiesT I turned to them and I said, ' What is flan B? "" — Nathan Winograd
(http11vimeo.com/48445902) former director Tompkins Co SPCA in NY, current director No Kill
Advocacy Center lhttR://www.nokiWvocacycenter.oreA
Regarding advocates who protest for the right of shelter pets to live, in the words of no kill
naysayers:
_'They may be well- meaning, but a lot of them are idiots and you can quote me on that." —Jim
surry- co-,poundn president Surry Co HS in
"Volunteers who are spending their time organizing a protest are not spending their volunteer
hours finding homes for dogs. That is what will cause more dogs to die," — Tommy EnQram
( httn : / /yesbiscuit.wordpress.com/ 2012 /Q7 /24/lewlsbu S- city- offiria -h r� the stup��Q city
manager in charge of the Lewisburg pound in TN
Compare to the words of a ito kill shelter director:
"There is great public pressure to save the homeless dogs and cats and I think it's inevitable that
every shelter will be a no kill shelter and that will be the norm_" — Bonney Brotivn
(ht tp: / /vimeo com/48"5902!) director Nevada Humane Society in Reno
re.
Deflect, deny and spay /neuter - the mantra of those who needlessly kill shelter pets:
11/21/2012 11:36 5097835319 1 MAHONEV LAW OFFICE PAGE 17/19
Animal Sheltering in the Words of Those Who Don't and Those Who Ao « YesBiscuit! Page 3 of 5
"The staff at the Cache Humane Society are professionals who are trained to give vaccines, implant
rnicrochips, and yes, perform eu.thanasias. As I am sure most people understand, this is not
something that our staff enjoys doing. However, it is a reality when animals are injured or there
are more animals then there are homes and funding for, I am thankful every day for our staff who
continually and professionally work with a small budget, believing that their actions make a
difference for animals that would not have a place to go if our shelter did not exist. This is why we
advocate that everyone get their animals spayed and neutered and make sure they are wearing
proper identification . "- Brenda Smith (http• /Lyesbi cuitwordp esscoxp]201Vhnm.Gl a uman
scoiety-kills- Owned -pets& executive director Cache HS in UT
"We're on a positive trend. And we will continue to march forward in terms of excellence." -
Iames Rogers (http• //v bi cu't wordpresa mm »mo /f1ti /27 /the Y acity to- care,in m mphis/),
director Memphis pound in TN
"This just goes to show you. If they would have their cat spayed or neutered, they would not have
had the problem they have —148, that is a lot of animals." is al
0=:L//yesbiscuit wordnress com /2012/07/ZA cats it d from alleged hoarding situation sent to-
gassing-pound- in -nch director Iredell Co pet gassing facility in NC
Compare to the words of a no kill shelter director:
"So long as the shelters engage the animal- loving American public in positive and constructive
ways, they will swoop in to help the shelters to save lives." - Mike Fry
TArww. w w' ew - - - v -d
no- kill- 159874985.htm] executive director Animal Ark shelter in IVIN
On the banning of volunteers, in the words of pound directors:
"Congratulations [ volunteerj, you have managed to (expletive) me off for the last time. So thank
YOU for the animals you've saved but you're no longer needed here at the shelter." — Gina Ford
fhttp:l /v esbiscuitwordpress com /ZmZmnmq/ helter dir rtor positions availableQ director
Humane Society of Central Texas (now terminated)
"It's more of a safety precaution_ When nobody is here, we don't know who's here for sure. If
somebody were to fall and get hurt, you know." - Val McCullough
ht esbiscuit.wgxd res .c m 2 12 08 l0 this -is- how - its -done director Saginaw Co pound in
Na
Compare to the words of no kill shelter directors:
"(I]t is the volunteers who always step up, I really couldn't do any of this without my volunteers.
They are the true heroes in all this." - Sgt- Karl Baile (http / /www natha rti*i ad. _ Ma . $861)•
director Seagoville Animal Services in TX
"I so often hear the complaint of 'it's not possible to be no -kill being a municipal organization, we
don't have the budget, we don't have the staff...' There is such an easy answer to this question,
Volunteers! I absolutely cannot do this job without their help, plain and simple. You can't and you
won't get to no -ldll without them." —Holly Henderson (http• / /www.naffianwinograd.com/?
-11170 ) director Chippewa Co AC Shelter in MI
11/21/2012 11:36 5097835319 MAHONEY LAID OFFICE PAGE 18/19
.Animal Sheltering in the Words of Those Who Don't and Those Who DO o YesBiscuit! Page 4 of 5
Say what, pound directors?:
"One thing we've committed to is that we're going to scan thetas all (for microchips) after they've
been euthanized." - Colleen Macuk (http :14T bisguit wordpress com/201210 /26l.�'ackson co ou+ of
the-frving< pan/) director Jackson Cc pound in OR
from what I understand: can survive several - 2, 3, 4 weeks without food." - Frances
animal-kluge-asterisk/1. director Horn bake pound in MS
Compare to the words of a no kill shelter d'ir'ector;
"When we are faced with a challenge we work to find a solution that will not sacrifice the lives of
animals. That may req,&e being unconventional." - Bonney Bxown
(hf W: / /www.natharLwinograd com/?v =93-35) director Nevada Humane Society in Reno
"Have faith in people. That's the biggest thing." - My kdl cki
( httn : /Iwww.animalarksheiteY-e•y/o mal /Ark_Articles nlf/VieruArt %cla?
QpenForm& Photo= D049FF3AA487DDE886257A7600502EFA ), volunteer Shelby Co No ,Kill Mission
4rC`+t[Fr��l9I a -
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Posted by YesBiscuit
Filed in animal shelter. No Ki11
2 Comments »
2 Responses to "Animal Sheltering in the Words of Those Who
Don't and Those Who Do"
I. Vicki Aucremanne Says:
November 19, 2012 at 5.20 pm
11/21/2012 11:35 5097035319 MAHONEI' LAW OFFICE PA,7E 19/19
Animal Sheltering in the Words of Those Who Don't and Those Who Do a YesSiscuit! Page 5 of 5
The things the no 1611 haters say and are quoted saying make me ill and give cold chills.... things
can go the other way... and with that said, I am going to email something to you in a bit- a story. A.
true story - i all it "The little shelter who did it right' - it is about a situation that happened this
past weekend here in Elkins WV- 33 cats abandoned in a rural shelter parking lot... and what
happened next.
&P-1y
2. Karen) Says:
NovgrgtZer 19, 2012 at 5:41 nm
Such ignorance by the very position - Director - that should be the leader of change and education
and public outreach. If you tape out the 101 hate No Kill" comments - you still have SUCH
ignorance in what's being quoted. The VERY reason that Shelter Reform is so desperately needed
EVERYWHERE!
R*-IY
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11/21/2812 11.36 5897835319 1 MAHONEY LAW OFFICE PAGE 01/19
"YE MAXWEY
TXMOTHY W. MAHONEY, ,PS
2630 W. Enda(Avenue
Kennewick, WA 99336
Facsimile transmittal
hate:
To: �� �-
Company: • �e4 '�
Phone: �SD�S�IS- 31/0? •
From: Mary Mahoney
Company; Timothy W. Mahoney, PS
Phone: (509) 783 -7437
Fax: (509) 783 -53,19
Re: • � ������'�'o-��, y�,���0��,�t�L.c � �' � 6 " �,�`. -f-D° �f�,2.1y""- ."Ks -,. -,
Pages: . J`j (indtidingg this cover page) Q
Message:
This facsimile transmission and the accompanying documents may contain confidential information which is
protected by the attorney /client privilege. The information is intended only forthe use ofthe individual or entilies
named above. If you are not the intended recipient; you are hereby notified that any disciosurt. copyingor
distribution ofthig information is strictly prohibited by law. Ifyou have received this transmission in error. plane
WAC 44 -14- 04003: Responsibilities of agencies in processing requests.
WAC 44 -14 -04003
Responsibilities of agencies in processing requests.
Page 1 of 3
(1) Similar treatment and purpose of the request. The act provides: "Agencies shall not distinguish among persons requesting records, and
such persons shall not be required to provide information as to the purpose for the request" (except to determine if the request is for a
commercial use or would violate another statute prohibiting disclosure). RCW 42.17.270/42.56.080.1 The act also requires an agency to take the
"most timely possible action on requests" and make records "promptly available." RCW 42.17.290/42.56.100 and 42,17.270/42.56.080. However,
treating requestors similarly does not mean that agencies must process requests strictly in the order received because this might not be providing
the "most timely possible action" for all requests. A relatively simple request need not wait for a long period of time while a much larger request is
being fulfilled. Agencies are encouraged to be flexible and process as many requests as possible even if they are out of order.3
An agency cannot require a requestor to state the purpose of the request (with limited exceptions). RCW 42.17.270/42.56.080. However, in an
effort to better understand the request and provide all responsive records, the agency can inquire about the purpose of the request. The
requestor is not required to answer the agency's inquiry (with limited exceptions as previously noted).
(2) Provide "fullest assistance" and "most timely possible action." The act requires agencies to adopt and enforce reasonable rules to
provide for the "fullest assistance" to a requestor. RCW 42.17.290/42.56.100. The "fullest assistance" principle should guide agencies when
processing requests. In general, an agency should devote sufficient staff time to processing records requests, consistent with the act's
requirement that fulfilling requests should not be an "excessive interference" with the agency's "other essential functions." RCW
42.17.290/42.56.100. The agency should recognize that fulfilling public records requests is one of the agency's duties, along with its others.
The act also requires agencies to adopt and enforce rules to provide for the "most timely possible action on requests" RCW
42.17.290/42.56.100. This principle should guide agencies when processing requests. It should be noted that this provision requires the most
timely "possible" action on requests. This recognizes that an agency is not always capable of fulfilling a request as quickly as the requestor would
like.
(3) Communicate with requestor. Communication is usually the key to a smooth public records process for both requestors and agencies.
Clear requests for a small number of records usually do not require predelivery communication with the requestor. However, when an agency
receives a large or unclear request, the agency should communicate with the requestor to clarify the request. If the request is modified orally, the
public records officer or designee should memorialize the communication in writing.
For large requests, the agency may ask the requestor to prioritize the request so that he or she receives the most important records first. If
feasible, the agency should provide periodic updates to the requestor of the progress of the request. Similarly, the requestor should periodically
communicate with the agency and promptly answer any clarification questions. Sometimes a requestor finds the records he or she is seeking at
the beginning of a request. If so, the requestor should communicate with the agency that the requested records have been provided and that he
or she is canceling the remainder of the request. If the requestor's cancellation communication is not in writing, the agency should confirm it in
writing.
(4) Failure to provide initial
response within five business
days. Within five
business days
of receiving a request, an agency must provide
an initial response to requestor.
The initial response must do one
of four things:
(a) Provide the record;
(b) Acknowledge that the agency has received the request and provide a reasonable estimate of the time it will require to fully respond;
(c) Seek a clarification of the request; or
(d) Deny the request. RCW 42.17.320/42.56.520. An agency's failure to provide an initial response is arguably a violation of the act.Z
(5) No duty to create records. An agency is not obligated to create a new record to satisfy a records request ° However, sometimes it is
easier for an agency to create a record responsive to the request rather than collecting and making available voluminous records that contain
small pieces of the information sought by the requestor or find itself in a controversy about whether the request requires the creation of a new
record. The decision to create a new record is left to the discretion of the agency. If the agency is considering creating a new record instead of
disclosing the underlying records, it should obtain the consent of the requestor to ensure that the requestor is not actually seeking the underlying
records. Making an electronic copy of an electronic record is not "creating" a new record; instead, it is similar to copying a paper copy. Similarly,
eliminating a field of an electronic record can be a method of redaction; it is similar to redacting portions of a paper record using a black pen or
white -out tape to make it available for inspection or copying.
(6) Provide a reasonable estimate of the time to fully respond. Unless it is providing the records or claiming an exemption from disclosure
within the five- business day period, an agency must provide a reasonable estimate of the time it will take to fully respond to the request. RCW
42.17.320/42.56.520. Fully responding can mean processing the request (assembling records, redacting, preparing a withholding index, or
notifying third parties named in the records who might seek an injunction against disclosure) or determining if the records are exempt from
disclosure.
An estimate must be "reasonable." The act provides a requestor a quick and simple method of challenging the reasonableness of an agency's
http: // apps .leg.wa.gov /wac /default.aspx ?cite =44 -14 -04003 2/1/2013
WAC 44 -14- 04003: Responsibilities of agencies in processing requests. Page 2 of 3
estimate. RCW 42.17.340(2)/42.56.550(2). See WAC
44 -14 -08004 (5)(b).
The burden of proof is
on the agency to prove its estimate is
"reasonable." RCW 42.17.340(2)/42.56.550(2).
third party can file an action to obtain an
injunction to
prevent an
To provide a "reasonable" estimate, an agency should not use the same estimate for every request. An agency should roughly calculate the
time it will take to respond to the request and send estimates of varying lengths, as appropriate. Some very large requests can legitimately take
months or longer to fully provide. There is no standard amount of time for fulfilling a request so reasonable estimates should vary.
Some agencies send form letters with thirty -day estimates to all requestors, no matter the size or complexity of the request. Form letter thirty -
day estimates are rarely "reasonable" because an agency, which has the burden of proof, could find it difficult to prove that every single request it
receives would take the same thirty -day period.
In order to avoid unnecessary litigation over the reasonableness of an estimate, an agency should briefly explain to the requestor the basis for
the estimate in the initial response. The explanation need not be elaborate but should allow the requestor to make a threshold determination of
whether he or she should question that estimate further or has a basis to seek judicial review of the reasonableness of the estimate.
An agency should either fulfill the request within the estimated time or, if warranted, communicate with the requestor about clarifications or the
need for a revised estimate. An agency should not ignore a request and then continuously send extended estimates. Routine extensions with little
or no action to fulfill the request would show that the previous estimates probably were not "reasonable." Extended estimates are appropriate
when the circumstances have changed (such as an increase in other requests or discovering that the request will require extensive redaction). An
estimate can be revised when appropriate, but unwarranted serial extensions have the effect of denying a requestor access to public records.
(7) Seek clarification of a request or additional time. An agency may seek a clarification of an "unclear" request. RCW
42.17.320/42.56.520. An agency can only seek a clarification when the request is objectively "unclear." Seeking a "clarification" of an objectively
clear request delays access to public records.
If the requestor fails to clarify an unclear request, the agency need not respond to it further. RCW 42.17.320/42.56.520. If the requestor does
not respond to the agency's request for a clarification within thirty days of the agency's request, the agency may consider the request abandoned.
If the agency considers the request abandoned, it should send a closing letter to the requestor.
An agency may take additional time to provide the records or deny the request if it is awaiting a clarification. RCW 42.17.320/42.56.520. After
providing the initial response and perhaps even beginning to assemble the records, an agency might discover it needs to clarify a request and is
allowed to do so. A clarification could also affect a reasonable estimate.
(8) Preserving requested records. If a requested record is scheduled shortly for destruction, and the agency receives a public records
request for it, the record cannot be destroyed until the request is resolved. RCW 42.17.290/42.56.100.' Once a request has been closed, the
agency can destroy the requested records in accordance with its retention schedule.
(9) Searching for records. An agency must conduct an objectively reasonable search for responsive records. A requestor is not required to
"ferret out" records on his or her own.' A reasonable agency search usually begins with the public records officer for the agency or a records
coordinator for a department of the agency deciding where the records are likely to be and who is likely to know where they are. One of the most
important parts of an adequate search is to decide how wide the search will be. If the agency is small, it might be appropriate to initially ask all
agency employees if they have responsive records. If the agency is larger, the agency may choose to initially ask only the staff of the department
or departments of an agency most likely to have the records. For example, a request for records showing or discussing payments on a public
works project might initially be directed to all staff in the finance and public works departments if those departments are deemed most likely to
have the responsive documents, even though other departments may have copies or alternative versions of the same documents. Meanwhile,
other departments that may have documents should be instructed to preserve their records in case they are later deemed to be necessary to
respond to the request. The agency could notify the requestor which departments are being surveyed for the documents so the requestor may
suggest other departments. It is better to be over inclusive rather than under inclusive when deciding which staff should be contacted, but not
everyone in an agency needs to be asked if there is no reason to believe he or she has responsive records. An e-mail to staff selected as most
likely to have responsive records is usually sufficient. Such an e-mail also allows an agency to document whom it asked for records.
Agency policies should require staff to promptly respond to inquiries about responsive records from the public records officer.
After records which are deemed responsive are located, an agency should take reasonable steps to narrow down the number of records to
those which are responsive. In some cases, an agency might find it helpful to consult with the requestor on the scope of the documents to be
assembled. An agency cannot "bury" a requestor with nonresponsive documents. However, an agency is allowed to provide arguably, but not
clearly, responsive records to allow the requestor to select the ones he or she wants, particularly if the requestor is unable or unwilling to help
narrow the scope of the documents.
(10) Expiration of reasonable estimate. An agency should provide a record within the time provided in its reasonable estimate or
communicate with the requestor that additional time is required to fulfill the request based on specified criteria. Unjustified failure to provide the
record by the expiration of the estimate is a denial of access to the record.
(11) Notice to affected third parties.
Sometimes
an agency
decides it must release all
or a part of a public record affecting a third party. The
third party can file an action to obtain an
injunction to
prevent an
agency from disclosing it,
but the third party must prove the record or portion of it
http: // apps .leg.wa.gov /wac /default.aspx ?cite =44 -14 -04003 2/1/2013
WAC 44 -14- 04003: Responsibilities of agencies in processing requests.
Page 3 of 3
is exempt from disclosure.' RCW 42.17.330/42.56.540. Before sending a notice, an agency should have a reasonable belief that the record is
arguably exempt. Notices to affected third parties when the records could not reasonably be considered exempt might have the effect of
unreasonably delaying the requestor's access to a disclosable record.
The act provides that before releasing a record an agency may, at its "option," provide notice to a person named in a public record or to whom
the record specifically pertains (unless notice is required by law). RCW 42.17.330142.56.540. This would include all of those whose identity could
reasonably be ascertained in the record and who might have a reason to seek to prevent the release of the record. An agency has wide
discretion to decide whom to notify or not notify. First, an agency has the "option" to notify or not (unless notice is required by law). RCW
42.17.330/42.56.540. Second, if it acted in good faith, an agency cannot be held liable for its failure to notify enough people under the act. RCW
42.17.258/42.56.060. However, if an agency had a contractual obligation to provide notice of a request but failed to do so, the agency might lose
the immunity provided by RCW 42.17.258/42.56.060 because breaching the agreement probably is not a "good faith" attempt to comply with the
act.
The practice of many agencies is to give ten days' notice. Many agencies expressly indicate the deadline date to avoid any confusion. More
notice might be appropriate in some cases, such as when numerous notices are required, but every additional day of notice is another day the
potentially disclosable record is being withheld. When it provides a notice, the agency should include the notice period in the "reasonable
estimate" it provides to a requestor.
The notice informs the third party that release will occur on the stated date unless he or she obtains an order from a court enjoining release.
The requestor has an interest in any legal action to prevent the disclosure of the records he or she requested. Therefore, the agency's notice
should inform the third party that he or she should name the requestor as a party to any action to enjoin disclosure. If an injunctive action is filed,
the third party or agency should name the requestor as a party or, at a minimum, must inform the requestor of the action to allow the requestor to
intervene.
(12) Later discovered records. If the agency becomes aware of the existence of records responsive to a request which were not provided,
the agency should notify the requestor in writing and provide a brief explanation of the circumstances.
Notes: 'See also Op. Att'y Gen. 2 (1998).
2See Smith v. Okanogan County, 100 Wn. App. 7113, 994 P.2d 857 (2000) ( "When an agency fails to respond as provided in RCW
42.17.320 (42.56.520), it violates the act and the individual requesting the public record is entitled to a statutory penalty. ").
3While an agency can fulfill requests out of order, an agency is not allowed to ignore a large request while it is exclusively fulfilling
smaller requests. The agency should strike a balance between fulfilling small and large requests.
4Smith, 100 Wn. App. at 14.
5An exception is some state - agency employee personnel records. RCW 42.17.295/42.56.110
6Daines v. Spokane County, 111 Wn. App. 342, 349, 44 P.3d 909 (2002) ( "an applicant need not exhaust his or her own ingenuity to
'ferret out' records through some combination of 'intuition and diligent research "').
7The agency holding the record can also file a RCW 42.17.330/42.56.540 injunctive action to establish that it is not required to release
the record or portion of it.
[Statutory Authority: 2005 c 483 § 4, amending RCW 42.56.570. 07 -13 -058, § 44 -14- 04003, fled 5/15/07, effective 7 116/07. Statutory Authority: 2005 c 483 § 4, RCW 42.17.348. 06 -04-
079, § 44- 14- 04003, filed 1131/05, effective 3/3/06.]
http: // apps .leg,wa.gov /wac /default,aspx ?cite =44 -14 -04003 2/1/2013
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AMENDING RESOLUTION NO. 3446 REGARDING PUBLIC RECORDS
REQUESTS
WHEREAS, the City of Pasco previously adopted the Washington State Attorney
General's advisory rules as Resolution No. 3267, and subsequently amended those rules
including the most recent amendments pursuant to Resolution No. 3446; and
WHEREAS, RCW 42.56.520 requires the City to promptly respond to all public record
requests, and further requires the City to make a reasonable estimate of time required to produce
public records based upon the need to clarify the intent of the request, to locate and assemble the
information requested, to notify third persons or agencies affected by the request, or to determine
whether any of the information requested is exempt and that a denial should be made as to all or
part of the request; and
WHEREAS, RCW 42.56. 100 requires the City to take the most timely action possible in
fulfilling requests and provide the fullest assistance to requestors in such a manner that prevents
excessive interference with other essential functions of the agency; and
WHEREAS, pursuant to WAC 44 -14- 04003, an agency should try to fulfill all requests
in the most efficient manner including the processing of relatively routine requests prior to the
fulfillment of much larger or complex, time consuming requests; and
WHEREAS, in recent years the City has experienced an increase in the volume of public
record requests, particularly an increase in the number of large or complex requests which
require significant staff time, research, review, clarification with requestors, notification to third
parties, and which otherwise consume a significant amount of City time and resources often
causing delays in fulfilling other routine requests and carrying out other City functions; and
WHEREAS, the City Council having considered the recommendations of staff, the
availability of City resources, the requirements of law, and the current demand for public
records, has determined that the most efficient and fair way to process public record requests on
behalf of residents and nonresidents alike and to provide the fullest assistance, is to create a two -
tier system whereby, routine requests are handled in the normal course of business in the order
they are received, and large or complex requests are handled together in the order in which they
are received. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE
AS FOLLOWS:
Section 1. Resolution No. 3446 is hereby amended to read as follows:
AGENCY DESCRIPTION - CONTACT INFORMATION - PUBLIC RECORDS
OFFICER.
A) The City of Pasco is a Washington Municipal Corporation providing municipal
services. The City's central office is located at the Pasco City Hall, located at 525 North 3rd,
Pasco, WA.
B) Any person wishing to request access to public records or seeking assistance in
making a request should contact the City's Public Records Officer. The City Clerk has been
designated by the City Manager as the City's Public Records Officer pursuant to RCW
42.56.580. While the public records officer may offer help and guidance relating to any public
records request, requests for police reeerds incident reports, fire and emergency medical services
incident records and municipal court records should be directed to the designated records officer
within those departments at the contact information listed below.
1) Requests for records other than Police Fire and Emer ency Medical
Services Incidents and Municipal Court records. Requests to inspect or copy any records
maintained by the City, other than Police incident reports, Fire and Emergency Medical
Services Incidents and Municipal Court records, should be made to the Public Records
Officer at:
Office of the City Clerk
City of Pasco
525 North 3rd, Pasco WA 99301
(509) 545 -3402 - telephone
(509) 543 -5727 - facsimile
Email address: cityclerkinfoAPasco -wa goy
2) Requests for Police records. Requests to inspect or copy reeerds Police
incident reports maintained by the City's Police Department should be made to the Police
Records Officer at:
Records Office
City of Pasco Police Department
525 North 3`d, Pasco WA 99301
(509) 545 -3421 - telephone
(509) 545 -3423 - facsimile
3)
Requests
for
Fire and
Emergency
Medical
Services Incident records
Requests
to
inspect or copy
records
for fire and emergency
medical services incidents
maintained
by
the
City's
Fire
Department should
be made
to
the department at:
Fire Administration
City of Pasco
310 North Oregon Ave. Pasco WA 99301
(509) 545 -3426 - telephone
(509) 545 -3439 - facsimile
Public Records Request Resolution - Page 2
4) Requests for Municipal Court records. Requests to inspect or copy
records maintained by the Pasco Municipal Court, should be made to the Court
Administrator at:
Court Administration
City of Pasco
1016 North 4h, Pasco WA 99301
(509) 545 -3491 - telephone
(509) 543 -2912- facsimile
5) Internet access to records. Many records are also available on the City's
web site at www.pasco- wa.gov. Requestors are encouraged to view the documents
available on the website prior to submitting a public records request.
C) The public records officer will oversee compliance with the act but another City
staff member may process a request. Therefore, these rules will refer to the public records
officer "or designee." The public records officer or designee and the City will provide the
"fullest assistance" to requestors; ensure that public records are protected from damage or
disorganization; and prevent fulfilling public records requests from causing excessive
interference with essential functions of the City.
Section 2. AVAILABILITY OF PUBLIC RECORDS.
A) Hours for inspection of records. Public records are available for inspection and
copying during normal business hours of the City, Monday through Friday, 8:00 a.m, to 5:00
p.m., excluding legal holidays. Records must be inspected at the office of the City Clerk at City
Hall. The City's Police Department hours are Monday through Friday, 8:00 a.m. to 5:00 p.m,
excluding legal holidays. The Municipal Court hours are Monday through Friday, 8:30 a.m. to
12:30 p.m., and 1:30 p.m. to 4:00 p.m., excluding legal holidays.
B) Records Index.
The City finds that maintaining an index is unduly burdensome and would interfere with
City operations. The requirement would unduly burden or interfere with City operations in the
following ways:
1) Given the number of different departments /divisions in the City, the
maintenance of a single index is impractical; and
2) Due to activity levels in the City, the type and number of records is
constantly changing.
C) Organization of records. The City will maintain its records in a reasonably
organized manner. The City will take reasonable actions to protect records from damage and
disorganization. A requestor shall not take City records from City offices, or that location
designated for the inspection of public records, without the permission of the public records
officer or designee. A variety of records are available on the City's web site at www.pasco-
Public Records Request Resolution - Page 3
wa.gov. Requestors are encouraged to view the documents available on the web site prior to
submitting a records request.
D) Makine a request for public records.
1) Any person wishing to inspect or copy public records of the City should
make the request in writing on the City's request form, or by letter, fax, or e-mail
addressed to the public records officer and including the following information:
a) Name of requestor;
b) Address of requestor;
C) Other contact information, including telephone number and /or e-
mail address;
d) Identification of the public records adequate for the public records
officer or designee to locate the records; and
e) The date, and if presented at City Hall, the time of day of the
request.
2) If the requestor wishes to have copies of the records made instead of
simply inspecting them, he or she should so indicate and make arrangements to pay for
copies of the records or a deposit. Standard photocopies will be provided at 15 cents
(15¢) per page.
3) A form is available for use by requestor at the office of the public records
officer and online at www.pasco- wa.gov.
4) The public records officer or designee may accept requests for public
records that contain the above information by telephone, facsimile, email, or in person. If
the public records officer or designee accepts such a request, he or she will confirm
receipt of the information and the substance of the request in writing.
5) In the event the records requested in any department are readily available,
of a routine nature, and do not involve the interest of any other person, the public records
officer or the department head may authorize the immediate inspection and /or copying of
such record without the necessity of filing the request as provided in subsection (1)
above.
Public Records Request Resolution - Page 4
Section 3. PROCESSING OF PUBLIC RECORDS REQUEST - GENERAL.
A) Providing "fullest assistance." The City is charged by statute with adopting rules
which provide how it will "provide full access to public records," "protect records from damage
or disorganization," "prevent excessive interference with other essential functions of the City,"
provide "fullest assistance" to requesters, 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.
1) In order to accomplish the policy that requests be processed in the order
allowing the most requests to be processed in the most efficient manner, large or complex
requests will be processed separate from routine requests and will be processed together
with other large or complex requests in the order such requests were received
The public records officer or designee shall use the method and criteria
enumerated below for identifying large or complex requests which criteria and method
may be amended from time to time as the demand for records and the availability of
resources change. Provided, however, no such amendment shall remain in effect more
than thirty (30) days unless, said amendment is ratified by resolution of the City Council
The public records officer or designee shall consider the following criteria when
identifying large or complex requests: (1) the general expansive or all inclusive nature
of the request; (2) the number of departments involved• (3) the location of records and
available method of searching records; (4) the potential number of records implicated; (5)
the rights of third parties, (6) the need for clarification of the request; 7 administrative
tasks necessary to process the request (8) the amount of time needed to review
documents for applicable exemptions; (9) the need for legal review of the public records
request; (10) the format of relevant records; and (11) other relevant circumstances
The method for applying the criteria in reviewing the requests shall be the use of
the Public Records Request Evaluation Sheet attached hereto as Exhibit A The public
records officer or designee shall score those requests which appear to be potentially large
or complex by using the Public Records Request Evaluation Sheet A request that scores
9 point or greater shall be considered large or complex and will be processed together
with other large or complex requests in the order such requests were received
All requests not otherwise identified as large or complex shall be considered
routine requests and will be handled in the normal course of business consistent with
these policies and without undue delay caused by the processing of large or complex
requests.
2) Requestors are encouraged to narrow or clarify large or complex requests
A request that is narrowed or clarified will be rescored to determine if the request
records request process responsibly.
Public Records Request Resolution - Page 5
3) A requester
may appeal
requested and payment
the determination
receipt
of request.
Within five (5) business
that
a request
is
large or
complex
to the
City
Manager
or designee
by providing a written request for review of the
determination
to
the
City
Manager's
office within
ten (10) business days of the
determination.
A written decision
shall
be issued
by the City Manager or designee within
five (5) business
days
from receipt of the
appeal unless extended or waived by mutual
written agreement.
B)
Acknowledging
requested and payment
of a deposit for the copies, if any, is
receipt
of request.
Within five (5) business
days of receipt of the
request, the
public records
officer will
do one or more of the following:
1) Make the records available for inspection or copying;
2)
If copies are
requested and payment
of a deposit for the copies, 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 from the requestor. Such clarification may be requested and
provided by telephone. The public records officer or designee may revise the estimate of
when records will be available; or
5) Deny the request.
C) Consequences of failure to respond. If the City does not respond in writing within
five (5) business days of receipt of the request for disclosure, the requestor should consider
contacting the public records officer to determine the reason for the failure to respond.
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 contact the requestor and ask him or her to revise the request, or, if necessary,
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, the public records officer will 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, provide the nonexempt portions, and indicate to the requestor why
portions of the record are being redacted.
Public Records Request Resolution - Page 6
F) Privilege Log. If the City determines that a record is
withheld, the City will maintain a privilege log of those withheld records.
identify:
1) Type of record withheld.
2) Date of record.
3) Number of pages.
4) Author or recipient.
5) The exemption invoked.
exempt and should be
The privilege log will
A copy of the privilege log will be produced to the records requestor.
G) Inspection of records.
1) Consistent with other demands, the City shall promptly provide a location
to inspect public records. No member of the public may remove a document from the
viewing area or disassemble or alter any documents. The requester shall indicate which
documents, if any, he or she wishes the City to copy.
2) The requestor must claim or review the assembled records within thirty
(30) days of the City's notification to him or her that the records are available for
inspection or copying. The City will notify the requestor in writing of this requirement
and inform the requestor that he or she should contact the City to make arrangements to
claim or review the records. 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. Other public records
requests can be processed ahead of a subsequent request by the same person for the same
or almost identical records, which can be processed as a new request.
H)
Providing
the
copies of
records.
complete
After inspection is
complete, the public records
public records
officer or designee will
officer or designee shall
make any requested
copies or arrange for
copying.
I) Providing records in installments. When the request is for a large number of
records, the public records officer or designee will 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 way. If, within thirty (30) days, the requestor fails to inspect the entire set of records or
one or more of the installments, the public records officer or designee may stop searching for the
remaining records and close the request.
J)
Completion of inspection. When
the
inspection of
the requested records is
complete
and all requested copies are provided,
the
public records
officer or designee will
Public Records Request Resolution - Page 7
indicate that the City has completed a diligent search for the requested records and made any
located nonexempt records available for inspection.
K) 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 will close the request and
indicate to the requestor that the City has closed the request.
L) 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.
Section 4. EXEMPTIONS.
A) The Public Records Act provides that a number of types of documents are exempt
from public inspection and copying. In addition, documents are exempt from disclosure if any
"other statute" exempts or prohibits disclosure. Requestors should be aware of other
exemptions, outside the Public Records Act, that restrict the availability of some documents held
by the City for inspection and copying. A list of such laws is available at the office of the City
Clerk and may be available at the City's website.
B) The City is prohibited by statute from disclosing lists of individuals for
commercial purposes.
Section 5. COSTS OF PROVIDING COPIES OF PUBLIC RECORDS.
A)
Costs
for paper
copies. There
is no fee for inspecting public records. A requestor
may obtain
copies for the
following costs:
1) Standard black and white photocopies - 15 cents (15¢) per page;
2) Standard color photocopies - 15 cents (15¢) per page;
Before beginning to make the copies, the public records officer or designee may require a
deposit of up to ten percent of the estimated cost of copying all the records selected by the
requestor. The public records officer or designee may also require the payment of the remainder
of the copying cost before providing all the records, or the payment of the cost of copying an
installment before providing that installment. The City will not charge sales tax when it makes
copies of public records.
Public Records Request Resolution - Page 8
3) Scanned
copies (if records
are not already in
electronic format) 10 cents
(10¢)
per page.
Before beginning to make the copies, the public records officer or designee may require a
deposit of up to ten percent of the estimated cost of copying all the records selected by the
requestor. The public records officer or designee may also require the payment of the remainder
of the copying cost before providing all the records, or the payment of the cost of copying an
installment before providing that installment. The City will not charge sales tax when it makes
copies of public records.
Public Records Request Resolution - Page 8
B) Costs for electronic records. The costs of electronic copies of records shall be One
Dollar ($1.00) for information on a floppy disk and One Dollar ($1.00) for information on a CD-
ROM or DVD.
C)
Costs
of
for specialized
services.
In the event the City is required due to
the size of
costs of the
shipping
container)
and the actual costs
the request or
there is a need for specialized
copying equipment (i.e., photographs,
blueprints,
taped or video
recordings) to use the services of an outside source designated by the City, the
requestor shall
be required to pay the actual costs of such service, including delivery
and return
of public records for the purpose of copying.
D)
Costs
of
mailing.
The City may also
charge
actual costs of mailing (including the
costs of the
shipping
container)
and the actual costs
of long
distance
facsimile transmission.
E) Payment. Payment may be made by cash, check or money order to the City.
Section 6. REVIEW OF DENIALS OF PUBLIC RECORDS.
A) Petition for internal administrative review of denial of access. Any person who
objects to the initial denial or partial denial of a records request may petition in writing
(including e-mail) to the public records officer for a review of that decision. The petition shall
include a copy of, or reasonably identify, the written statement by the public records officer or
designee denying the request.
B) Consideration of petition for review. The public records officer shall promptly
provide the petition and any other relevant information to the City Attorney. The City Attorney
will immediately consider the petition and either affirm or reverse the denial within two business
days following the City's receipt of the petition, or within such other time as City and the
requestor shall mutually agree. The comments incorporated in Chapter WAC 44 -14 may be
relied upon as authority for determinations made by the City in applying or interpreting this
Resolution.
C) Alternative Dispute Resolution. In the event of a dispute regarding the inspection
or copying of public records, the parties shall first meet in a good -faith attempt to resolve the
dispute by agreement of the parties or by mediation. In the event the dispute remains, the dispute
shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration, and
venue being placed in Franklin County, Washington. The mediators and arbitrators will be
selected from an approved list maintained by the City and available upon request. The party
wishing to seek mediation or arbitration shall provide fifteen (15) days written notice to the City.
D) Judicial review. Any person may obtain court review of denials of public records
requests pursuant to RCW 42.56.550 at the conclusion of two business days after the initial
denial regardless of any internal administrative appeal.
Section 7, The City Manager is hereby authorized and directed to institute such
administrative policies and practices as necessary and appropriate to fully affect this policy. This
Resolution shall be retroactively effective upon all pending public record requests.
Public Records Request Resolution - Page 9
PASSED by the City Council of the City of Pasco, Washington, at its regular meeting on
the _ day of 2013.
Matt Watkins, Mayor
Attest
Approved as to Form:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Public Records Request Resolution -Page 10
EXHIBIT A
Public Records Request Evalaution Sheet
Score Weieht Measurement Criteria
(1) General, expansive or all inclusive nature of request
0 Specific documents, records identified
1 Records generally identified
2 Records Unidentified
(2) Number of departments involved
0 Records in one Department or Division
1 Records in two or three Departments or Divisions
2 Records in more than three Departments or Divisions
(3) Location of available/ relevant records
0 Records in active files
1 Records in archive files
0 Records in searchable database
1 Records must be searched in individual locations
(4) Potential number of records implicated
0 Less than 10 documents (not pages)
I More than 10, less than 50 documents
3 more than 50 less than 500 documents
5 Greater than 500 documents
(5) Third party notifications
0 No notifications
1 Notifications
(6) Need for clarification
o No clarification needed
1 Clarification needed
(7) Administrative tasks needed to process request
1 Interpretation
1 Search Hard Copy
0 Search electronic copy
2 Metadata
1 Search other
1 File prep for photocopy, scan
1 Burning CD /DVD or Outsourcing Production
0 File prep for electronic production
(8) Time needed for review for exemptions
0 No review time
1 Review time less than 2 hours
2 Greater than 2 hours, less than 10 hours
3 Greater than 10 hours
(9) Legal review required
0 No legal required
1 Legal required
(10) Other Relevent Factors
Total Score