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.

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

Traffic idles while waiting for the lights to change along 33rd Avenue West on Tuesday, April 2, 2024 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Lynnwood seeks solutions to Costco traffic boondoggle

Let’s take a look at the troublesome intersection of 33rd Avenue W and 30th Place W, as Lynnwood weighs options for better traffic flow.

A memorial with small gifts surrounded a utility pole with a photograph of Ariel Garcia at the corner of Alpine Drive and Vesper Drive ion Wednesday, April 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Death of Everett boy, 4, spurs questions over lack of Amber Alert

Local police and court authorities were reluctant to address some key questions, when asked by a Daily Herald reporter this week.

The new Amazon fulfillment center under construction along 172nd Street NE in Arlington, just south of Arlington Municipal Airport. (Chuck Taylor / The Herald) 20210708
Frito-Lay leases massive building at Marysville business park

The company will move next door to Tesla and occupy a 300,0000-square-foot building at the Marysville business park.

Simreet Dhaliwal speaks after winning during the 2024 Snohomish County Emerging Leaders Awards Presentation on Wednesday, April 17, 2024, in Everett, Washington. (Ryan Berry / The Herald)
Simreet Dhaliwal wins The Herald’s 2024 Emerging Leaders Award

Dhaliwal, an economic development and tourism specialist, was one of 12 finalists for the award celebrating young leaders in Snohomish County.

In this Jan. 12, 2018 photo, Ben Garrison, of Puyallup, Wash., wears his Kel-Tec RDB gun, and several magazines of ammunition, during a gun rights rally at the Capitol in Olympia, Wash. (AP Photo/Ted S. Warren)
With gun reform law in limbo, Edmonds rep is ‘confident’ it will prevail

Despite a two-hour legal period last week, the high-capacity ammunition magazine ban remains in place.

Everett Fire Department and Everett Police on scene of a multiple vehicle collision with injuries in the 1400 block of 41st Street. (Photo provided by Everett Fire Department)
1 in critical condition after crash with box truck, semi truck in Everett

Police closed 41st Street between Rucker and Colby avenues on Wednesday afternoon, right before rush hour.

The Arlington Public Schools Administration Building is pictured on Tuesday, April 16, 2024, in Arlington, Washington. (Ryan Berry / The Herald)
$2.5M deficit in Arlington schools could mean dozens of cut positions

The state funding model and inflation have led to Arlington’s money problems, school finance director Gina Zeutenhorst said Tuesday.

Lily Gladstone poses at the premiere of the Hulu miniseries "Under the Bridge" at the DGA Theatre, Monday, April 15, 2024, in Los Angeles. (AP Photo/Chris Pizzello)
Mountlake Terrace’s Lily Gladstone plays cop in Hulu’s ‘Under the Bridge’

The true-crime drama started streaming Wednesday. It’s Gladstone’s first part since her star turn in “Killers of the Flower Moon.”

Jesse L. Hartman (Photo provided by Everett Police Department)
Everett man who fled to Mexico given 22 years for fatal shooting

Jesse Hartman crashed into Wyatt Powell’s car and shot him to death. He fled but was arrested on the Mexican border.

Radiation Therapist Madey Appleseth demonstrates how to use ultrasound technology to evaluate the depth of a mole on her arm on Wednesday, April 17, 2024 in Mill Creek, Washington. This technology is also used to evaluate on potential skin cancer on patients. (Olivia Vanni / The Herald)
Mill Creek clinic can now cure some skin cancers without surgery

Frontier Dermatology is the first clinic in the state to offer radiation therapy for nonmelanoma cancer.

Snow is visible along the top of Mount Pilchuck from bank of the Snohomish River on Wednesday, May 10, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Washington issues statewide drought declaration, including Snohomish County

Drought is declared when there is less than 75% of normal water supply and “there is the risk of undue hardship.”

Boeing Quality Engineer Sam Salehpour, right, takes his seat before testifying at a Senate Homeland Security and Governmental Affairs - Subcommittee on Investigations hearing to examine Boeing's broken safety culture with Ed Pierson, and Joe Jacobsen, right, on Wednesday, April 17, 2024, in Washington. (AP Photo/Kevin Wolf)
Everett Boeing whistleblower: ‘They are putting out defective airplanes’

Dual Senate hearings Wednesday examined allegations of major safety failures at the aircraft maker.

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.