Frequently Asked Questions

A public record is any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the City regardless of physical form or characteristics. This includes, but is not limited to, handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, electronic media, paper, email, microfilm audiotapes, videotapes, magnetic tapes, and disks (CDs/DVDs). A valid public records request is a request for a specific and identifiable public document. A request for general information is not a valid public records request. You do not have to identify the record you want with exact precision, but as much detail as you can provide will be helpful. Our staff may assist in clarifying your request.

No.  An agency is not required to create a record which is otherwise non-existent. 

Oak Harbor Municipal Code (OHMC) 1.14.030 states: "Records Subject to Disclosure. The city need only disclose records or portions of records to the extent required by the Public Records Act, and nothing in this chapter shall be interpreted as requiring the disclosure of any record that is not subject to disclosure by the Public Records Act or other applicable law. Records or portions of records may be withheld or redacted to the extent necessary or permissible by law. A list of exemptions and prohibitions against disclosure is available in the public records officer's office, upon request. The city shall not be required to create records or documents in response to a request for public records that do not exist at the time the request is made. A public records request is not continuing in nature, and will not be treated as such even if requested. In the event additional records are created after the date of the requester's original public records request, the requester will be required to submit a new request for the later created records." (emphasis added)

Each record must be reviewed to determine whether it is exempt from disclosure. Most exemptions are listed in RCW 42.56.230 - 42.56.480. However, certain state and federal statutes outside the Public Records Act also provide exemptions from disclosure or prohibitions on disclosure of particular records. When a city denies a request for disclosure of a public record, the specific statutory exemption on which the denial is based must be identified, along with a brief explanation of how the exemption applies. 

No. Once the City receives a public records request, the request itself becomes a public record of the City. Someone else may make a public records request for that document and we will provide it.

The Agenda Center provides City Council, Advisory Board, Commission, and Committee agendas and minutes. 

Further information on how to obtain copies of birth, death, marriage, and divorce certificates can be found at the Washington State Department of Health - Center for Health Certificates. 

RCW 42.56.520 provides that a response to a request for public records must be made within five (5) business days. The day the request is received does not count as one of the five (5) days. Weekends and holidays observed by the agency are also excluded in the calculation. Within the five (5) days, the City will do one of the following: - provide the records (or an installment of the records) - acknowledge receipt of the request and give an estimated timetable for delivery - ask for clarification - deny the request with a statement as to why the record is being withheld and a citation of the applicable state or federal statute. 

No. According to WAC 414-12-020 and WAC 414-12-010, regulations that govern custody of public records, public records are the property of the City and should be stored in the office in which they were originally filed. This location is not generally the office of the clerk, but may be a field office of the City, or in some cases, offsite storage. This may mean that the City may need additional time to retrieve records from storage. 

No.  A future record is one that does not exist today but may be created in the future. If there is no "writing," there can be no "public record" and, accordingly, there can be no requirement to allow inspection or copying as a result of a current request. Obviously, if a future request is made and the record then exists, the request will need to be considered. The City's obligation is confined to existing records. 

Oak Harbor Municipal Code (OHMC) 1.14.030 states: "Records Subject to Disclosure. The city need only disclose records or portions of records to the extent required by the Public Records Act, and nothing in this chapter shall be interpreted as requiring the disclosure of any record that is not subject to disclosure by the Public Records Act or other applicable law. Records or portions of records may be withheld or redacted to the extent necessary or permissible by law. A list of exemptions and prohibitions against disclosure is available in the public records officer's office, upon request. The city shall not be required to create records or documents in response to a request for public records that do not exist at the time the request is made. A public records request is not continuing in nature, and will not be treated as such even if requested. In the event additional records are created after the date of the requester's original public records request, the requester will be required to submit a new request for the later created records." (emphasis added)

Yes. See OHMC 1.14.090(3) and (5). 

When a request is made for a large number of records, the Public Records Officer may make the records available for review or copying on a partial or installment basis as the records are assembled and become available for review or duplication. If, within 30 days, the requestor fails to inspect the entire set of records or one or more of the installments, the Public Records Officer may stop searching for the remaining records and close the request. Likewise, if payment for an installment is not made, the Public Records Officer may stop searching for the remaining records and close the request.

Review of Denials of Public Records

Requesting a review of denials of public records: RCW 42.56.520 allows for review of denials of public records.

OHMC 1.14.140 Denial of request - Appeal.  In the event the public records officer denies a request, or any portion of a request for public records, the requester may appeal the denial to the city administrator. The city administrator shall review the public records officer's response and issue a decision upholding or reversing the denial of the request, in whole or in part, within five (5) business days of the receipt of appeal, or within such other time as may be agreed upon with the requester. Upon completion of the appeal process, the city's response will be deemed final.