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Ordinance No. .3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A FORMAL POSITION AND
DECLARING THE MAINTENANCE OF AN ALL INCLUSIVE INDEX
OF EVERY PUBLIC RECORD TO BE UNDULY BURDENSOME, AS
REQUIRED BY RCW 42.17; DIRECTING THAT ALL INDEXES
MAINTAINED FOR INTERNAL CITY USE BE MADE AVAILABLE
FOR PUBLIC INSPECTION AND COPYING; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Title 42, Chapter 17, of the Revised Code of Washington (hereinafter referred to as
RCW), requires all cities and public agencies to maintain and make available a current index of public
records; and
WHEREAS, the RCW also states that if maintaining such an index would be unduly burdensome or
interfere with agency operation, a city must issue and publish a formal order specifying the reasons why
and the extent to which compliance would be unduly burdensome; and
WHEREAS, the RCW further provides that in spite of such an unduly burdensome order, all indexes
maintained by the city must be made available to provide identifying information on those records which
are to be made available for public inspection; and
WHEREAS, the City of Tukwila 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 eight 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 into a single index; and
WHEREAS, the performance of the City's overall mission does not allow for the addition to, or the
revision or reassignment of duties for existing personnel so that a current index may be developed and
maintained without additionally- required staff; and
WHEREAS, anticipated City revenues do not allow for additional staff members for the sole purpose
of creating and maintaining such an all inclusive 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 plan to deviate from that policy;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. New Chapter Created. Tukwila Municipal Code Section 2.21.010 is hereby created
to read as follows:
Chapter 2.21
PUBLIC RECORDS INDEXES AND RECORDS REQUESTS
UNDER THE PUBLIC DISCLOSURE ACT.
2.21.010 Findings.
A. The Revised Code of Washington (RCW) requires all cities and public agencies to maintain and
make available a current index of all public records.
Pub Records Index 8 -00 1
B. The RCW also states that if maintaining such an index would be unduly burdensome, or
interfere with agency operation, a city must issue and publish a formal order specifying the reasons why
and the extent to which compliance would be unduly burdensome.
C. When such an order is made, all indexes maintained by that city must be made available to
provide identifying information on those records which are available for inspection and /or copying.
D. The City of Tukwila is comprised of eight departments, their divisions and subdivisions, which
maintain separate databases and /or record keeping systems for the indexing of records and information.
E. 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.
F. The City will fully comply with the provisions of the RCW as they relate to the Public
Disclosure Act, under RCW Chapter 42.17.
2.21.020 Order regarding Public Records Index.
Based upon the findings set forth in TMC 2.21.010, and pursuant to RCW 42.17.260(4)(a), the City
Council orders the following:
1. The City of Tukwila is not required to maintain an all inclusive 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.
2. The City of Tukwila shall make available all public records and any indexes created for
internal use upon request by any citizen. Said indexes shall be maintained and released in order to obtain
those records which are public and not protected by the exemption portion of the statute, namely RCW
42.17.310.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance or its application to any person or situation should be held to be invalid or unconstitutional for
any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of this ordinance or its application to any other
person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and
publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this .,.2 5 t day of 2000.
ATTEST /AUTHENTICATED:
sIce, g
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By ii
Offic of the Ci {torney
FILED WITH THE CITY CLERK: 7-
PASSED BY THE CITY COUNCIL: A/_ 7:D
PUBLISHED: 8• S
EFFECTIVE DATE: g, .d p
ORDINANCE NO.: 9.43
Pub Records Index 8 00
Steven M. Mullet, Mayor
2
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 9o7.5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ADOPTING A FORMAL
POSITION AND DECLARING THE MAINTENANCE OF
AN ALL INCLUSIVE INDEX OF EVERY PUBLIC RECORD
TO BE UNDULY BURDENSOME, AS REQUIRED BY RCW
42.17; DIRECTING THAT ALL INDEXES MAINTAINED
FOR INTERNAL CITY USE BE MADE AVAILABLE FOR
PUBLIC INSPECTION AND COPYING; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
On 2Zeo D the City Council of the City of Tukwila passed
Ordinance No. /9,23 stating that the City of Tukwila is not required to maintain
an all- inclusive index of public records, but shall make available all public records and
any indexes created for internal use upon request by any citizen; providing for
severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who
submits a written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 8
Published Seattle Times: g. AS. o j
.Azuct lea .eina if x 22, ay
Jae E. Cantu, CMC, City Clerk