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Home My WebLink About4800 AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting a formal order, pursuant to RCW 42.17.260(4)(a), and adding a new chapter, Chapter 1.06 to the Bremerton Municipal Code, declaring that the maintenance of a current index of public records to be unduly burdensome and directing that any indexes maintained for internal City use be made available for public inspection and copying, unless otherwise exempt pursuant to applicable law. WHEREAS, Ch. 42.17 RCW requires all cities and public agencies to maintain and make available a current index of public records; and WHEREAS, RCW 42.17.260(4)(a) provides that if maintaining such an index would be unduly burdensome or would interfere with agency operations, a city must issue and publish a formal order specifying the reasons why and to the extent to which compliance would be unduly burdensome; and WHEREAS, RCW 42.17.260(4)(b) further provides that in spite of such an order, any index that is maintained by the city must be made available for public inspection and/or copying; and WHEREAS, the City of Bremerton is a municipal corporation of the State of Washington which provides general municipal and utility services to its residents and others; and WHEREAS, the magnitude and diversity of seven City departments with an even greater number of divisions/subdivisions, has resulted in the creation and use of many different computer systems, programs and information retaining systems which would be extremely difficult, if not physically impossible, to compile a single index; and 1 Public Disclosure Index WHEREAS, the City's operations do not allow for the addition, revision, or reassignment of duties of existing personnel so that a current index may be developed and maintained; and WHEREAS, anticipated City revenues do not allow for additional staff for the sole purpose of creating and maintaining such a current index; and WHEREAS, the City has a longstanding and recognized policy of assisting people who request public information and of providing public records upon request and does not plm~ to deviate from that policy; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 1.06, entitled "Public Records Indexes and Records Requests Under the Public Disclosure Act," is hereby added to the Bremerton Municipal Code to read as follows: CHAPTER 1.06 PUBLIC RECORDS INDEXES AND RECORDS REQUESTS UNDER THE PUBLIC DISCLOSURE ACT 1.06.010. Findings. (a) Ch. 42. ! 7 RCW requires all cities and public agencies to maintain and make available a current index of all public records. (b) RCW 42.17.260(4)(a) provides that if maintaining such an index would be unduly burdensome, or would interfere with agency operation, 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. (c) The City of Bremerton is comprised o£seven departments, their divisions and subdivisions, which maintain separate databases and/or record keeping systems for the indexing of records and information. 2 Public Disclosure Index (d) Because the City has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, it is unduly burdensome, if not physically impossible, to maintain a central index of records. (e) The City of Bremerton will make available for inspection and/or copying all non- exempt public records, including any indexes that are maintained by the City pursuant to the Public Disclosure Act, Ch. 42.17 RCW. 1.06.020. Order regarding Public Records Index. Based upon the findings set forth in BMC 1.06.010, and pursuant to RCW 42.17.260(4)(a), the City Council orders the following: (a) The City of Bremerton is not required to maintain a current index of public records due to findings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and/or maintain; and (b) Pursuant to Ch. 42.17 RCW, the City of Bremerton shall make available for public inspection and/or copying all public records and any indexes of public records maintained by the City to the extent not exempt from inspection and/or copying pursuant to RCW 42.17.310 or other applicable law. SECTION 2. - Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. - Effective Date. This ordinance shall take effect and be in force thirty (30) days after passage as provided by law. APPROVED by the City Council the~day of ,~~ ,2002 PASSED by the City Council the~z~?/zx~_ day of~?~ff~-- ,2002 CAROL ARENDS, Council President 3 Public Disclosure Index Approved this [ v day of ~ ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk PUBLISHED the ,,~ ~ day of ~7,~t.~ ,2002 EFFECTIVE the ~day of ( ~ ,2002 ORDINANCE NO. _~.~.a_tO ~ 17 R:kLEGAL\Ordinance skPublicDisclndex-Exemption.doc 4 Public Disclosure Index AFFIDA VIT OF PUBLICATION County of Kitsap, State of Washington No. 100005557 I, Melinda Monroe, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of THE SUN; that said newspaper has been approved as a legal newspaper by order of the /superior Court of the Count of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following dates, to wit: May 29,2002 during all of said period. That he full amount of the fee charged for the foregoing publication is the sum of $39.73 which amount has not been paid in full. 1Y\1 U~ /L ~vG (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 31, 2002. \\\\\\\\111111111 \" III \.\ DAW^,I// 0:' 'v L-, ~ .:::- .......... <..J(' ~, ...::::- ..... .... ~ ::: 0'" NO.,.. .... "-"" :.:. 2 '-I:";> -1~ ': -\ ::: :: ~ : -0 '.]0 .L: == ::: rn ': (/ '02 :::. ::: ". &1.. -/ 0 '. Ie. -::- "'/ r(\. >-.. .." ,~ ~ ~, 0,/ ;...........:A\ 0 ,,';:: 1/. ."jSI-'ING \," ////;, I, \\\'S\ I;!! 1/ I! II \ \ \ \,' ~JjJlt)~ Notary Public in and for the State of Washington, Kitsap County. ORDINANCE NO. 4800' AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting a formal order, pursuant to RCW 42.17.260(4) (a), and adding a new chapter, Chapter 1.06 to the Bremerton Municipal Code, declaring that the maintenance of a current index of public records to be unduly burdensome and directing that any indexes maintained for internal City use be made available for public inspection and copying, unless otherwise exempt pursuant to applicable law.- Approved by the City Council the 15th day of May, 2002.- Passed by the City Council the 22nd day of May, 2002.- The full text of this ordinance is available from the City Clerk's Office, 239 Fourth Street, Bremerton, WA 98337.- May 29,