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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). 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Q O cc x'D Q a z - Q o -� x Y a n J {n Q LL N 0 0 0 Q W W H M m m m m m m m m m 0 0 0 0 0 0 0 0 0 Ln u\i Ln 0000 a 0000 m o 0 r... ti ti � ti ti� N N ti t0 1� 00 Ol O ci N M ct 00 G N N N N 00 N 00 W 00 00 m 00 00 00 W 00 00 W W 7 u Y d N D sdl 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 • o e • About • Bi0 • Uedia Center • Where to Purchase • Book Praise = Book Awards • All American Veaan • Friendly Lire • No Kill Advocacy Center • Contact • Bookstore • Bloe • Apnearatices • public_ Sy__n__caki • Radio & Television • No K'1 • Virtual Shelter Iour • No Kill Advocacy Center • No Kill Declarxion • No Kill Conference • Rescuc Five -C) - Jennifer search our site,., IN Browse > Hmm / Blog Posts / The Keys to the Kingdom 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. Share the No Kill Blog: Filed Under 13lu Posts Tagged: Chippewa County Animal Shelter, Holly Henderson: Nathan Winograd, No Kill Comments Comments are closed, Follow �m Recent Posts o The Keys to the Kingdom o Qrgo and 60.858 Others 0 "A Breathtaking Piece of work" a You`ve Got To Be CarefWly Taught Sign uR for ': -our Mailing ntt Recent Posts o The Keys to the Kingdom o Qrgo and 60.858 Others 0 "A Breathtaking Piece of work" a You`ve Got To Be CarefWly Taught 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!!! Theme: Simpla. by Phu. Blog at WordPress.com. Follow Follow "Yesl3isculff' Powered by WordPress.com 11/21/2712 11:36 5897835319 - 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 - Y tii >rtai.f{xcaSi ;. ,. Spaital aexsn4stng �, AC4k1Kibrt Ye{�j,}]ry4] 5ut�ie3g P.P. , ........................_, "FludlntcHigc?ce._..._ Focus.. '...__ ..___._._._ .... ... .... ............. . Spud ._r _ ...__......._......_.... StYZS- .. I^ L3R]udge RCA van nft)n_ ._... lu ! osf y 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 Theme: Lim la by Phu. ljlog at WordPress com. Follow Follow "Yesftcuit!" Powered by WordPres5.com 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