A. 
Authority. RCW 42.56.070(1) requires the city to make available for inspection and copying nonexempt public records in accordance with published rules. The Public Records Act ("the Act") under RCW 42.56.010 defines "public record" to include any "writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics."
B. 
Purpose of Rules. The purpose of these rules is to establish the procedures the city of South Bend ("the city") will follow in order to provide full access to public records, fullest assistance to inquirers and the most timely possible action as required by RCW 42.56.100, mindful of the further requirement that the rules must also protect the records from damage or disorganization and prevent excessive interference with other essential functions of the city.
These rules provide information to persons wishing to request access to public records of the city and establish processes for both requestors and city staff that are designed to best assist members of the public in obtaining such access.
C. 
Findings Re: Index.
1. 
RCW 42.56.070(1) requires all cities and public agencies to maintain and make available a current index of various public records. RCW 42.56.070(4) provides that if maintaining such an index would be unduly burdensome, a city need not maintain such an index but it must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome.
2. 
The city of South Bend is comprised of many departments which maintain separate databases and/or recordkeeping systems. The city produces or receives many records each day. The records are diverse, complex and stored in multiple locations and multiple computer systems and databases. It would be extremely difficult, unduly burdensome and would interfere with city operations to compile and maintain a central index of records.
3. 
The development and maintenance of a city index would be extremely costly and would provide little benefit to the public compared to the expense in maintaining the index. The city's operations do not allow for the addition, revision or reassignment of duties of existing personnel so that an index may be developed and maintained. Anticipated city revenues do not allow for additional staff for the purpose of creating and maintaining such an index.
(Ord. 1524 § 2, 2017; Ord. 1536, 2018)
Pursuant to RCW 42.56.070(4), the city council orders the following:
A. 
The city of South Bend is not required to maintain a current index of public records due to findings of the city council that the requirements to do so is unduly burdensome and would interfere with city operations and such a list is nearly impossible to create and/or maintain; and
B. 
Pursuant to Chapter 42.56 RCW, the city of South Bend shall disclose all public records and any indexes of public records maintained by the city to the extent not exempt from disclosure pursuant to Chapter 42.56 RCW or other applicable laws.
(Ord. 1536, 2018)
Any person wishing to request access to public records of the city, or seeking assistance in making such a request, should follow the procedures set forth in these rules and contact the public records officer (the "PRO") of the city to submit such a request or to obtain assistance in making such a request:
Clerk/Treasurer
City of South Bend
1102 W. First Street
P.O. Box 9
South Bend, WA 98586
Phone (360) 875-5571
Fax (360) 875-4009
Email dee.roberts@southbend-wa.gov
The PRO shall complete training as required by RCW 42.56.152 on the Public Records Act (Chapter 42.56 RCW) and records retention (Chapter 40.14 RCW). This training is required after the PRO assumes responsibilities and under the schedule in RCW 42.56.152 for refresher courses. Information is also available at the city's web site at www.southbend-wa.gov.
(Ord. 1524 § 2, 2017)
A. 
Availability. Public records are available for inspection and copying during normal business of the city, Monday through Friday, 7:30 a.m. to 4:00 p.m., excluding legal holidays. Inspection of records shall occur at the central offices of the city unless another location is approved by the PRO or designee.
B. 
Organization of Records. The city will maintain its records in a reasonably organized manner. While committed to fully comply with the Act and these rules, the city must also take reasonable actions to protect records from damage and disorganization and prevent excessive interference with other essential functions of the city. A requestor shall not take city records from city offices. A variety of records is available on the city's website at www.southbend-wa.gov. Requestors are encouraged to view the documents available on the web site prior to submitting a records request.
(Ord. 1524 § 2, 2017)
A. 
Any person wishing to inspect or copy public records of the city should make the request in writing on the city's request form attached to the ordinance codified in this chapter as Exhibit A, or by letter, fax, or email addressed to the PRO and including the following information:
Name of requestor; address of requestor; other contact information, including telephone number and any e-mail address; identification of the public records adequate for the PRO to locate the records; and the date and time of day of the request.
B. 
A public record request must be for identifiable records. A request for all or substantially all records prepared, owned, used, or retained by an agency is not a valid request for identifiable records; provided, that a request for all records regarding a particular topic or containing a particular keyword or name shall not be considered a request for all of the city's records.
C. 
If the requestor wishes to have copies or scans of the records made instead of simply inspecting them, he or she should so indicate and make arrangements with the PRO to pay for copies or scans of the records as provided in SBMC § 2.50.070.
D. 
A form is available for use by requestors at the office of the PRO and online at www.southbend-wa.gov.
E. 
Public records requests are public records and subject to inspection or copying.
F. 
The PRO shall accept requests for public records that contain the above information by telephone or in person. The PRO will confirm receipt of the information and the substance of the request in writing. The confirmation will be deemed the correct statement of the scope of the request unless the requestor responds with a different statement of the scope.
G. 
Records requests may only include existing records. They cannot be used to obtain copies of records not yet in existence.
H. 
The city may deny a bot request that is one of multiple requests from the requestor to the agency within a 24-hour period, if the city establishes that responding to the multiple requests would cause excessive interference with other essential functions of the city. A "bot request" means a request for public records that the city reasonably believes was automatically generated by a computer program or script.
(Ord. 1524 § 2, 2017)
A. 
Providing "Fullest Assistance." Mindful of the requirements of RCW 42.56.100, to the extent reasonably possible, the PRO will process requests in the order allowing the most requests to be processed in the most efficient manner. In an effort to better understand the request and provide all responsive records, the PRO can inquire about the purpose for the request but the requestor is not required to answer except to establish whether inspection and copying would violate RCW 42.56.070(9) (see subsection (E) of this section) or other statute which exempts or prohibits production of specific information or records to certain persons.
B. 
Acknowledging receipt of request. Within five business days of receipt of the request, not including the day the request was received, the weekend or holiday as provided by RCW 1.12.040, the PRO will do one or more of the following:
1. 
Make the records available for inspection or copying;
2. 
If copies are requested and payment or payment of a deposit is made as provided in SBMC § 2.50.070, or terms of payment are agreed upon, send the copies to the requestor;
3. 
Provide a reasonable estimate of any additional time needed to respond to the request and a date by which the records will be produced in whole or in part depending on whether the records are being provided in installments. The factors used to estimate the additional time needed must be based upon objective criteria. Additional time is allowed under the following circumstances:
a. 
To request clarification from the requestor if the request is unclear or does not sufficiently identify the requested records. Such clarification may be requested and provided by telephone. If the clarification is made by telephone, the PRO will confirm the scope of the clarification in writing. The confirmation will be deemed the correct statement of the scope of the request unless the requestor responds with a supplemental request;
b. 
To locate and assemble the information requested;
c. 
To notify third persons or agencies in the event the requested records contain information that may affect rights of others and may be exempt from production; or
d. 
To determine whether any of the information requested is exempt from production and that a denial should be made as to all or part of the request; or
4. 
Deny or redact the request, specifying the reasons for denial or redaction, including supporting legal citations.
C. 
Failure to Respond.
1. 
By the PRO. If the PRO does not respond in writing within five business days of receipt of the request for disclosure, the requestor should consider contacting the PRO to determine the reason for the failure to respond.
2. 
By the Requestor. If the requestor fails to respond to an agency request to clarify the request, and the entire request is unclear, the city need not respond to it. Otherwise, the city must respond to those portions of the request that are clear.
D. 
Injunction. Pursuant to RCW 42.56.565, the city may seek to enjoin the inspection or copying of any nonexempt public record by persons serving criminal sentences in state, local, or privately operated correctional facilities.
E. 
Records Exempt from Production. Some records are exempt from production, in whole or in part. If a record is exempt from production and subject to denial, the PRO will state the specific exemption and provide a brief explanation of the denial and how the exemption applies to the record being withheld. This explanation should be sufficient to enable the requestor to make a threshold determination of whether the claimed exemption and denial is proper. If only a portion of a record is exempt from production, but the remainder is not exempt, the PRO will redact the exempt portions, produce the nonexempt portions, and indicate to the requestor why portions of the record are being redacted. (For the purposes of these rules, redact means the exempt information will be covered in some manner and then the record will be photocopied and the photocopy then disclosed.)
Some records by law require third-party notification or consent. The PRO will notify the requestor of the notification or consent requirement and add sufficient time to the estimated response time.
The city is also prohibited by statute from producing lists of individuals for commercial purposes. Therefore, if a request is received for any type of list of individuals, an inquiry as to whether the requestor intends to use the list for commercial purposes must be answered before the list can be provided. If the answer is that it will be used for such purposes, the list cannot be produced.
F. 
Inspection of Records.
1. 
Consistent with other demands, the city shall promptly provide space to inspect public records. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor shall indicate which documents he or she wishes the city to copy or scan, if any, and provide payment for those copies or scans.
2. 
The requestor must claim or review the assembled records within 30 days of the PRO's notification to him or her that the records are available for inspection or copying/scanning. The PRO will notify the requestor, in writing, of this requirement and inform the requestor that he or she should contact the PRO 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 30-day period or make other arrangements, the PRO 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.
G. 
Providing Records in Installments. When the request is for a large number of records, the PRO may provide access for inspection and copying in installments, if he or she reasonably determines that it would be practical to provide the records in that manner. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the PRO may stop searching for the remaining records and close the request.
H. 
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 PRO will close the request and so inform the requestor.
I. 
Later Discovered Documents. If, after the PRO has informed the requestor that he or she has provided all available records, the PRO becomes aware of additional responsive documents existing at the time of the request that had not been provided previously, he or she will promptly inform the requestor of the additional documents and provide them on an expedited basis.
J. 
Requests for Information or Nonexistent Records. Requests for information are not public records requests. An agency is not required to conduct legal research for a requestor. An agency is not required to create records to respond to a request.
(Ord. 1524 § 2, 2017)
A. 
Requesting Electronic Records. The process for requesting electronic public records is the same as for requesting paper public records.
B. 
Providing Electronic Records. If public records are requested in an electronic format, the PRO will provide the nonexempt records or portions of such records that are reasonably locatable in an electronic format that is used by the agency and is generally commercially available, or in a format that is reasonably translatable from the format in which the agency keeps the record. Costs for providing electronic records are governed by SBMC § 2.50.070.
C. 
Retaining Electronic Copies. Because an electronic record is usually more susceptible to manipulation and alteration than a paper record, the city will keep, when feasible, an electronic copy of the electronic records it provides to a requestor to be able to show the exact records it provided if necessary.
(Ord. 1524 § 2, 2017)
A. 
No fee will be charged for the inspection of public records or locating public records and making them available for copying, except as described in RCW 52.56.120(3).
B. 
The city shall charge the following costs for providing copies of public records:
1. 
Fifteen cents per page for photocopies of public records, printed copies of electronic public records when requested by the person requesting records, or for the use of city equipment to photocopy public records;
2. 
Ten cents per page for public records scanned into an electronic format or for the use of agency equipment to scan the records;
3. 
Five cents per each four electronic files or attachment uploaded to email, cloud-based data storage service or other means of electronic delivery;
4. 
Ten cents per gigabyte for the transmission of public records in an electronic format or for the use of agency equipment to send the records electronically. The city shall take reasonable steps to provide the records in the most efficient manner available to the agency in its normal operations;
5. 
The actual cost of any digital storage media or device provided by the city, the actual cost of any container or envelope used to mail the copies to the requestor, and the actual postage or delivery charge;
6. 
Sixty-eight cents per minute of staff time for redaction of any law enforcement requested body-worn camera footage. These charges are based on the average per-minute salaries of the city employees responsible for video redaction. See RCW 42.56.240(14)(f)(1) .
C. 
The charges in subsection (B) of this section may be combined to the extent that more than one type of charge applies to copies produced in response to a particular request.
D. 
The city may charge a flat fee of up to $2.00 for any request as an alternative to fees authorized under subsection (B) of this section when the city reasonably estimates and documents that the costs allowed under this subsection are clearly equal to or more than $2.00. An additional flat fee shall not be charged for any installment after the first installment of a request produced in installments. If the city has elected to charge the flat fee in this subsection for an initial installment, it may not charge the fees authorized in subsection (B) of this section on subsequent installments.
E. 
The city shall not impose copying charges under this section for access to or downloading of records that the city routinely posts on its website prior to receipt of a request, unless the requestor has specifically requested that the city provide copies of such records through other means.
F. 
A requestor may ask the city to provide, and if requested, the city shall provide, a summary of the applicable charge before any copies are made and the requestor may revise the request to reduce the number of copies to be made and reduce the applicable charges.
G. 
The city may include a customized service charge, as allowed by RCW 42.56.120(3).
H. 
The city may require a deposit in an amount not to exceed 10 percent of the estimated cost of providing copies for a request. If the city makes a request available on a partial or installment basis, the city may charge for each part of the request as it is provided. If an installment of a records request is not claimed or reviewed, the city is not obligated to fulfill the balance of the request. The city may waive any charge assessed for a request pursuant to city rules and regulations. The city may enter into any contract, memorandum of understanding or other agreement with a requestor that provides an alternative fee arrangement to the charges authorized in this section, or in response to a voluminous or frequently occurring request.
I. 
The PRO will not charge sales tax when it makes copies or scans of public records but if the records are sent to a third party for copying/scanning, that third party may charge sales tax and the requestor will be responsible for payment of that tax as well as the third party's actual charges for copies or scans.
J. 
Payment. Payment may be made by cash, check, or money order made payable to the city.
K. 
Other Copying Charges. The Act generally governs copying charges for public records, but several specific statutes govern charges for particular kinds of records. The following nonexhaustive list provides some examples: RCW 46.52.085 (charges for traffic accident reports); 10.97.100 (copies of criminal histories) and 70.58.107 (charges for birth certificates). The city will charge the amount authorized pursuant to these other statutes rather than as provided under the Act.
L. 
Use of Outside Vendor. An agency is not required to copy/scan records at its own facilities. An agency can send the project to a commercial copying/scanning center and bill the requestor for the amount charged by the vendor. An agency can arrange with the requestor to pay the vendor directly. An agency cannot charge the default per page copying/scanning charge when its cost at a vendor is less.
(Ord. 1524 § 2, 2017; Ord. 1584 § 1, 2022)
A. 
Internal Administrative Review of Denial of Access. If the city makes a denial or partial denial of a records request, the city shall immediately conduct an internal review of that decision. The denial or partial denial shall be immediately sent to the city attorney, who shall consult with the city administrator on the decision.
B. 
Consideration of Petition for Review. The denial or partial denial shall be deemed complete at the end of the second business day following the denial or partial denial of inspection, and shall constitute final agency action.
C. 
Judicial Review. Any person may obtain court review of: (1) the city's denials or partial denial of public records requests; or the reasonableness of the estimate of the amount of time provided by the city; or (2) the reasonableness of the city's estimate of the charges to produce copies of public records, as provided in RCW 42.56.550.
(Ord. 1524 § 2, 2017)
A. 
Exemptions. RCW 42.56.070(2) requires the city to set forth "for informational purposes" every law, in addition to the Act, that exempts or prohibits the production of public records. Requestors should be aware of the following exemptions, outside the Act, that may restrict the availability of some records held by the city for inspection and copying/scanning:
RCW 2.64.111
Documents regarding discipline/retirement of judges
RCW 2.64.113
Confidentiality – Violations
RCW 4.24.550
Information on sex offenders
RCW 5.60.060
Privileged communications
RCW 5.60.070
Court-ordered mediation records
RCW 7.68.140
Victims' compensation claims
RCW 7.69A.030(4)
Child victims and witnesses – Protection of identity
RCW 7.69A.050
Rights of child victims and witnesses – Addresses
RCW 7.75.050
Records of Dispute Resolution Centers
RCW 9.02.100
Reproductive privacy
RCW 9A.82.170
Financial institution records – Wrongful disclosure
RCW 9.51.050
Disclosing transaction of grand jury
RCW 9.51.060
Disclosure of grand jury deposition
RCW 9.73.090(l)(c)
Prohibition regarding specified emergency response personnel recordings
RCW 10.27.090
Grand jury testimony/evidence
RCW 10.27.160
Grand jury reports – Release to public only by judicial order
RCW 10.29.030
Organized crime special inquiry judge
RCW 10.29.090
Records of special inquiry judge proceedings
RCW 10.52.100
Records identifying child victim of sexual assault
RCW 10.77.210
Records of persons committed for criminal insanity
RCW 10.97.040
Criminal history information released must include disposition
RCW 10.97.070
Disclosure of identity of suspect to victim
RCW 10.97.080
Inspection of criminal record by subject
RCW 13.32A.090
Crisis residential centers notice to parent about child
RCW 13.34.115
Court dependency proceedings
RCW 13.40.217
Juveniles adjudicated of sex offenses – Release of information
RCW 13.50.010
Maintenance of and access to juvenile records
RCW 13.50.050
Juvenile offenders
RCW 13.50.100
Juvenile/children records not relating to offenses
RCW 13.60.020
Missing children information
RCW 13.70.090
Citizen juvenile review board – Confidentiality
RCW 18.04.405
Confidentiality of information gained by CPA
RCW 18.19.060
Notification to clients by counselors
RCW 18.19.180
Confidential communications with counselors
RCW 19.215.020
Destruction of personal health and financial information
RCW 19.34.240(3)
Private digital signature keys
RCW 19.215.030
Compliance with federal rules
RCW 26.04.175
Name and address of domestic violence victim in marriage records
RCW 26.12.170
Reports of child abuse/neglect with courts
RCW 26.23.050
Child support orders
RCW 26.23.120
Child support records
RCW 26.26.041
Uniform Parentage Act – Protection of participants
RCW 26.26.450
Confidentiality of genetic testing
RCW 26.33.330
Sealed court adoption records
RCW 26.33.340
Agency adoption records
RCW 26.33.343
Access to adoption records by confidential intermediary
RCW 26.33.345
Release of name of court for adoption or relinquishment
RCW 26.33.380
Adoption – Identity of birth parents confidential
RCW 26.44.010
Privacy of reports on child abuse and neglect
RCW 26.44.020(19)
Unfounded allegations of child abuse or neglect
RCW 26.44.030
Reports of child abuse/neglect
RCW 26.44.125
Right to review and amend abuse finding – Confidentiality
RCW 27.53.070
Records identifying the location of archaeological sites
RCW 29A.08.720
Voter registration records – Place of registration confidential
RCW 29A.08.710
Voter registration records – Certain information exempt
RCW 35.102.145
Municipal business and occupation tax – Confidentiality, privilege, and disclosure
Chapter 40.14 RCW
Preservation and destruction of public records
RCW 42.23.070(4)
Municipal officer disclosure of confidential information prohibited
RCW 42.41.030(7)
Identity of local government whistleblower
RCW 42.41.045
Nondisclosure of protected information (whistleblower)
RCW 46.52.080
Traffic accident reports – Confidentiality
RCW 46.52.083
Traffic accident reports – Available to interested parties
RCW 46.52.120
Traffic crimes and infractions – Confidential use by police and courts
RCW 46.52.130(2)
Abstract of driving record
RCW 48.62.101
Local government insurance transactions – Access to information
RCW 50.13.060
Access to employment security records by local government agencies
RCW 50.13.100
Disclosure of non-identifiable information or with consent
RCW 51.28.070
Worker's compensation records
RCW 51.36.060
Physician information on injured workers
RCW 60.70.040
No duty to disclose record of common law lien
RCW 68.50.105
Autopsy reports
RCW 68.50.320
Dental identification records – Available to law enforcement agencies
Chapter 70.02 RCW
Medical records – Access and disclosure – Entire chapter (HC providers)
RCW 70.05.170
Child mortality reviews by local health departments
RCW 70.24.022
Public health agency information regarding sexually transmitted disease investigations – Confidential
RCW 70.24.024
Transcripts and records of hearings regarding sexually transmitted diseases
RCW 70.24.105
HIV/STD records
RCW 70.28.020
Local health department TB records – Confidential
RCW 70.41.200
Hospital quality improvement committee records and accreditation reports
RCW 70.48.100
Jail records and booking photos
RCW 70.58.055
Birth certificates – Certain information confidential
RCW 70.58.104
Vital records, research confidentiality safeguards
RCW 70.94.205
Washington Clean Air Act – Confidentiality of data
RCW 70.96A.150
Alcohol and drug abuse treatment programs
RCW 70.123.075
Client records of domestic violence programs
RCW 70.125.065
Records of rape crisis centers in discovery
RCW 71.05.390
Information about mental health consumers
RCW 71.05.395
Chapter 70.02 RCW applies to mental health records
RCW 71.05.400
Information to next of kin or representative
RCW 71.05.425
Notice of release or transfer of committed person after offense dismissal
RCW 71.05.427
Information that can be released
RCW 71.05.430
Statistical data
RCW 71.05.440
Penalties for unauthorized release of information
RCW 71.05.445
Release of mental health information to Dept. of Corrections
RCW 71.05.620
Authorization requirements and access to court records
RCW 71.05.630
Release of mental health treatment records
RCW 71.05.640
Access to treatment records
RCW 71.05.650
Accounting of disclosures
RCW 71.24.035(5)(g)
Mental health information system – State, county and regional support networks – Confidentiality of client records
RCW 71.34.200
Mental health treatment of minors – Records confidential
RCW 71.34.210
Court records for minors related to mental health treatment
RCW 71.34.225
Release of mental health services information
RCW 71A.14.070
Records regarding developmental disability – Confidentiality
RCW 72.09.345
Notice to public about sex offenders
RCW 72.09.585(3)
Disclosure of inmate records to local agencies – Confidentiality
RCW 73.04.030
Veterans discharge papers exemption (see related RCW 42.56.440)
RCW 74.04.060
Applicants and recipients of public assistance
RCW 74.04.520
Food stamp program confidentiality
RCW 74.09.900
Medical assistance
RCW 74.13.121
Financial information of adoptive parents
RCW 74.13.280
Children in out-of-home placements – Confidentiality
RCW 74.20.280
Child support enforcement – Local agency cooperation, information
RCW 74.34.095
Abuse of vulnerable adults – Confidentiality of investigations and reports
RCW 82.32.330
Disclosure of tax information
RCW 84.36.389
Confidential income data in property tax records held by assessor
RCW 84.40.020
Confidential income data supplied to assessor regarding real property
Selected Federal Confidentiality Statutes and Rules
18 USC §§ 2721 – 2725
Driver and License Plate Information
20 USC § 1232g
Family Education Rights and Privacy Act
23 USC § 409
Evidence of certain accident reports
42 USC 290dd-2
Confidentiality of Substance Abuse Records
42 USC § 405(c)(2)(C)(viii)(I)
Limits on Use and Disclosure of Social Security Numbers
42 USC 654(26)
State Plans for Child Support
42 USC 671(a)(8)
State Plans for Foster Care and Adoption Assistance
42 USC 1396a(7)
State Plans for Medical Assistance
7 CFR 272.1(c)
Food Stamp Applicants and Recipients
34 CFR 361.38
State Vocational Rehabilitation Services Programs
42 CFR Part 2 (2.1 – 2.67)
Confidentiality of Alcohol and Drug Abuse Patient Records
42 CFR 431.300 – 307
Safeguarding Information on Applicants and Recipients of Medical Assistance
42 CFR 483.420
Client Protections for Intermediate Care Facilities for the Mentally Retarded
42 CFR 5106a(b)(2)(A)
Grants to States for Child Abuse and Neglect Prevention and Treatment Programs
45 CFR 160 – 164
HIPAA Privacy Rule
46 CFR 40.321
USCG regulations regarding confidentiality of drug and alcohol test results done by marine employers
(Ord. 1524 § 2, 2017)