Everett adopts new public records rules

EVERETT — Some big changes are coming to how the city of Everett handles public records requests.

Last week, the City Council adopted a new policy that governs how the city will respond to the requests under state law.

The city staff also is developing a dedicated web page and plans to install back-end software to better manage the records-request process.

The new policy was created to help the city get hold of an increasing number of demands for documents, some of which are also broader in scope.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

Everett received 611 records requests in 2014 and 627 in 2015, not counting requests to the police department, city spokeswoman Meghan Pembroke wrote in an email.

The city also has received 585 requests this year, which would be on track to reach more than 800 for all of 2016, she said.

The last substantial changes to the city’s policy were made in 1999, and parts of the existing policies date from the 1970s and 1980s.

“Since that time, and particularly over the last couple of years, managing compliance has become increasingly complex due to the enormous growth in both scope and volume of requests,” city Treasurer Susy Haugen told the council recently.

The new policy is a substantial expansion on much of the content of the city’s existing policies.

Because the council’s resolution doesn’t change the city’s code, it was passed Wednesday without a public hearing that usually accompanies formal legislation.

The policy makes a number of key changes. One is a new schedule of fees, starting at a basic 15 cents per photocopied black-and-white page, that takes into account whether oversized or color copies are required, scans of printed pages, whether a physical CD or DVD is burned, mailing costs, or time to upload large files.

Another new section allows a request to be considered abandoned if the requester does not pick up or make arrangements to access the requested documents within 30 days after the records become available.

“We’ve had 11 requests abandoned so far this year,” Pembroke said.

That also applies to large record disclosures that are released in installments: If the first installment isn’t claimed, the staff may suspend work on subsequent installments.

Other sections of the policy allow city staff to prioritize the requests if a single person submits multiple requests, or a single party makes additional requests while previous requests are still open.

“Staff is not required to work on an additional request until the initial requests are completed and closed,” the new policy reads. It also places the burden on the requester to ask the staff to prioritize the requests in an order other than first-come, first-served.

That action also can help separate out so-called “abusive” requests, which appear to be intended to harass officials ordisrupt the functioning of government.

State law makes no distinction between requests, nor does it consider the intent of the filer or otherwise allow local governments to pick and choose how to respond to each individual request.

Yet many government officials have lamented the increasing amount of time and money spent on requests that seem designed to create problems rather than serve the public.

The Legislature is expected to debate the issue in the 2017 session.

For example, in November 2014, an anonymous man requested every single record maintained by the Snohomish County Sheriff’s Office going back 238 years. In another case, Kevin Hulten, the aide to former county Executive Aaron Reardon, used pseudonyms to request large amounts of information on his boss’ political rivals that required extensive staff time to process.

The new policy also asks the requester to provide a name, address and method of contact, although it’s not clear if it would weed out requests from someone determined to remain anonymous.

Pembroke said that policy is aimed more toward giving staff the ability to refine the requests so that they are not overly broad, and thus not require an excess of staff time to fulfill.

The City Council passed the new policy unanimously Wednesday without significant comment.

Most of the debate the previous week focused on practical considerations with the new software, although Councilman Paul Roberts spoke to the challenges of complying with the intent of the law in the face of increasing requests even as the city worked to make more documents available.

“In some cases we’ve argued that a disclosure isn’t appropriate, and have been fined for making that argument,” he said. “Those are extraordinary cases.”

Haugen also emphasized that the city’s web site will make many more documents readily available on the web as a matter of course.

“Really, the cheapest easiest way is to just make the stuff available and avoid the requests and process altogether,” Roberts said.

Chris Winters: 425-374-4165; cwinters@heraldnet.com. Twitter: @Chris_At_Herald.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Students from Explorer Middle School gather Wednesday around a makeshift memorial for Emiliano “Emi” Munoz, who died Monday, May 5, after an electric bicycle accident in south Everett. (Aspen Anderson / The Herald)
Community and classmates mourn death of 13-year-old in bicycle accident

Emiliano “Emi” Munoz died from his injuries three days after colliding with a braided cable.

Danny Burgess, left, and Sandy Weakland, right, carefully pull out benthic organisms from sediment samples on Thursday, May 1, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘Got Mud?’ Researchers monitor the health of the Puget Sound

For the next few weeks, the state’s marine monitoring team will collect sediment and organism samples across Puget Sound

Everett postal workers gather for a portrait to advertise the Stamp Out Hunger Food Drive on Wednesday, May 7, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County letter carriers prepare for food drive this Saturday

The largest single-day food drive in the country comes at an uncertain time for federal food bank funding.

Everett
Everett considers ordinance to require more apprentice labor

It would require apprentices to work 15% of the total labor hours for construction or renovation on most city projects over $1 million.

Snohomish County prosecutor Kara Van Slyck delivers closing statement during the trial of Christian Sayre at the Snohomish County Courthouse on Thursday, May 8, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Jury deliberations begin in the fourth trial of former Everett bar owner

Jury members deliberated for about 2 hours before Snohomish County Superior Court Judge Millie Judge sent them home until Monday.

Christian Sayre sits in the courtroom before the start of jury selection on Tuesday, April 29, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Christian Sayre timeline

FEBRUARY 2020 A woman reports a sexual assault by Sayre. Her sexual… Continue reading

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

A “SAVE WETLANDS” poster is visible under an seat during a public hearing about Critical Area Regulations Update on ordinance 24-097 on Wednesday, May 14, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Council passes controversial critical habitat ordinance

People testified for nearly two hours, with most speaking in opposition to the new Critical Areas Regulation.

An apartment building under construction in Olympia, Washington in January 2025. (Photo by Bill Lucia/Washington State Standard)
Next stop for Washington housing: More construction near transit

Noticed apartment buildings cropping up next to bus and light rail stations?… Continue reading

Jacquelyn Jimenez Romero / Washington State Standard
Lt Gov. Denny Heck presiding over the Senate floor on April 27.
Washington tries to maintain B.C. ties amid Trump era tensions

Lt. Gov. Denny Heck and others traveled to Victoria to set up an interparliamentary exchange with British Columbia, and make clear they’re not aligned with the president’s policies or rhetoric.

Marysville
Marysville talks middle housing at open house

City planning staff say they want a ‘soft landing’ to limit the impacts of new state housing laws. But they don’t expect their approach to slow development.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.