2.64.040 Right of public access.
A. Every person has the right to inspect a public record free of charge and the right to take a copy of a public record during normal working hours, subject to the payment of costs and fees pursuant to Section 2.64.060.
B. All records are public unless otherwise expressly provided by this chapter or state or federal law or regulation.
C. The following records are not public:
1. Records that are appropriately classified private, controlled or protected as allowed by Sections 2.64.100 through 2.64.120.
2. Records to which access is restricted pursuant to court rule, another state statute, federal statute, or federal regulation, including records for which access is governed or restricted as a condition of participation in a state or federal program or for receiving state or federal funds.
D. Only those records specified in Sections 2.64.100 through 2.64.120 may be classified private, controlled, or protected.
E.
1. The City may not disclose a record that is private, controlled or protected to any person except as provided in subsection E2 of this section or Section 2.64.050.
2. The City may, at its discretion, disclose records that are private under Section 2.64.100 B or protected under Section 2.64.120 to persons other than those specified in Section 2.64.050 if the City Council, or a designee, determines that there is no interest in restricting access to the record, or that the interests favoring access outweigh the interest favoring restriction of access.
F.
1. The disclosure of records to which access is governed or limited pursuant to court rule, another state statute, federal statute, or federal regulation, including records for which access is governed or limited as a condition of participation in a state or federal program or for receiving state or federal funds, is governed by the specific provisions of that statute, rule or regulation.
2. This chapter applies to records described in subsection F1 of this section insofar as this chapter is not inconsistent with the statute, rule, or regulation.
G. The City shall provide a person with a certified copy of a record if:
1. The person requesting the record has a right to inspect it;
2. Identifies the record with reasonable specificity; and
3. Pays the lawful fees.
H.
1. The City is not required to create a record in response to a request.
2. Nothing in this chapter requires the City to fulfill a person’s records request if the request unreasonably duplicates prior records requests from that person.
I. If a person requests copies of more than fifty pages of records, and if the records are contained in files that do not contain records that are exempt from disclosure, the City may:
1. Provide the requester with the facilities for copying the requested records and require that the requester make the copies himself; or
2. Allow the requester to provide his own copying facilities and personnel to make the copies at the City offices, and waive the fees for copying the records.
J.
1. If the City owns an intellectual property right and offers the intellectual property right for sale, or license, the City may control by ordinance or policy the duplication, and distribution of the material based on terms the City considers to be in the public interest.
2. Nothing in this chapter shall be construed to limit or impair the rights or protections granted to the City under federal copyright or patent law as a result of its ownership of the intellectual property right.
K. The City may not use the physical form, electronic or otherwise, in which a record is stored to deny, or unreasonably hinder the rights of persons to inspect and receive copies of a record under this chapter. (Ord. 93-18 § 4, 1993)