Port Orchard Council delays discussion, action on public records requests

Instead of having part of the council discuss and approve policies and procedures concerning public records requests, along with an ordinance amending Port Orchard’s Municipal Code, the city council voted 5-0 to remove the items from the agenda until the full council can tackle the issues.

City staff has reported an increase in fulfilling public records requests since 2012.

Instead of having part of the council discuss and approve policies and procedures concerning public records requests, along with an ordinance amending Port Orchard’s Municipal Code, the city council voted 5-0 to remove the items from the agenda until the full council can tackle the issues.

At the Oct. 14 meeting, Councilman Jerry Childs made the motion because two councilmembers — John Clauson and Rob Putaansuu — were absent from the meeting.

“I feel like the issue on public records requests would be benefited by the additional discussion they would provide with us,” said Childs, who made a motion to remove the items from the agenda until a later date.

The motion, which was seconded by Councilman Jeff Cartwright, was approved 5-0.

Over the past several years, city staff reported an increase in public records requests, along with the complexity of the requests.

“As citizens get more involved in their local government, they tend to ask for records requiring significant research, email correspondence, and audio recordings and/or videos,” stated City Clerk Brandy Rinearson in a staff report.

Rinearson reported in the past three years, there has been an increase of public records requests. According to the report, since 2012, the city clerk’s office has spent approximately four hours per week coordinating responses and fulfilling records request.

But this year, the city clerk’s office reported they have been spending approximately 22 hours per week responding, coordinating and fulfilling records requests and other departments have been called upon to assist with the increased amount of requests.

In a report, Rinearson stated that staff is inclined to believe that the condition is temporary. She also stated the city must put in place a framework that will enable it to respond to the demands of the public and the law, while maintaining a reasonable deployment and allocation of its staff resources and budget.

In the reports, city staff prepared polices and procedures for processing public records requests. The key process are as follows:

• Defining routine and non-routine requests.

• Defining the reasonable amount of time to spend on processing requests.

• Defining the responsibilities of each employee.

• Defining the process of responding to request.

• Provide a list of the most common public records that are exempt.

According to a staff report, an ordinance amending the Muncipal Code for public records requests included:

• The city would not accept public record requests by email.

• If records are immediately available, no requirement to fill out the public request form. The records can be immediately inspected and/or copied.

• Option to provide an Internet link if the requested records are on the city’s website.

• Clarify what records are exempt from disclosure and include the items that should be on a privilege log.

• Change the number of copies that are free from 10-15 copies and up to two discs per request at no charge.

• Add language for an alternative dispute resolution.

 

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