Scope—Exemptions and Exclusions

SEA-MC tit. 14, ch. 14.12, subch. II

in effect

Seattle Mun. Code ch. 14.12, subch. II, § 14.12.060 Scope

14.12.060 - Scope A. Those sections of this Chapter 14.12 controlling the collection, receipt, and/or transmission of information (Sections 14.12.130 through 14.12.240) do not apply to administrative records (Section 14.12.070), incidental references (Section 14.12.080), confidential communications (Section 14.12.090), materials open to public inspection (Section 14.12.100), special investigations (Section 14.12.110), and the exclusions (Section 14.12.120), provided that Department indexing does not cite any private sexual or restricted information other than the information in a proper name, unless specifically authorized by this Chapter 14.12. B. Except for the exclusion of subsection 14.12.120.A.1, the policies in Section 14.12.020 apply to the provisions of this Chapter 14.12. All Department records are subject to audit unless excluded by subsections 14.12.320.A.1 through 14.12.320.A.6. (Ord. 110640, § 3, 1982; Ord. 110572, § 5, 1982; Ord. 108333, § 4, 1979.)

Seattle Mun. Code ch. 14.12, subch. II, § 14.12.070 Administrative records

14.12.070 - Administrative records Administrative records pertain to Department operations and/or public relations, are comparable in character to files and records maintained by other City departments, and exclude investigatory files of the Department. Examples of administrative records include routine correspondence files; employment and personnel records; jail records on prisoners' religious preferences and customs; information for providing chaplain, escort, and ancillary community services; records of evidence, lost or stolen property, and custodial property inventoried without regard to informational content; and itinerary information used for providing security and protection for an official, dignitary, or consenting individual. Indexing may cite private sexual or restricted information only for a valid administrative purpose. (Ord. 110640, § 4, 1982; Ord. 110572, § 6, 1982; Ord. 108333, § 5, 1979.)

Seattle Mun. Code ch. 14.12, subch. II, § 14.12.080 Incidental references

14.12.080 - Incidental references A. Private sexual or restricted information may be collected when the information appears as an incidental reference in a standard report form, in response to a general questionnaire completed by an applicant or witness using his or her own words, or in a more general description or statement. B. Private sexual or restricted information may be collected when it forms an incidental part of the statement, verification, or rebuttal of a legal defense that has been raised by a suspect or may reasonably be anticipated; or an incidental part of the activities or associations of a homicide, unconscious, or kidnapped victim during the 72 hours immediately preceding an incident or investigation. C. In addition, private sexual or restricted information that comes within one of the following classifications may be collected when: 1. The information relates to a suspect whose identity is unknown and may not then be indexed by a true name; 2. The subject of the information supplies the information to known departmental personnel; 3. The information arises in the course of and is used exclusively for Title 11 enforcement and traffic safety purposes; 4. The information is part of a recording maintained in connection with incoming emergency calls or a video and/or sound recording authorized by RCW 9.73.090; 5. The information is collected and maintained by the Department Communications Division for use exclusively in connection with emergency calls and is isolated from general Department files; 6. The information appears in records relating to child abuse or protective custody services contemplated by chapter 26.44 RCW; or in unit records of Community Service Officers used in handling domestic disputes, youth counseling, or like community services; and/or 7. The information appears as part of the text of printed informational material from a governmental law enforcement agency, the main purpose of which is instructional and the disclosure of which would be detrimental to effective law enforcement. D. Information collected pursuant to subsection 14.12.080.C.7 may be indexed separately for purposes of chapter 42.56 RCW, provided that such information shall not be cross-referenced within other Department files. (Ord. 110572, § 7, 1982; Ord. 108333, § 6, 1979.)

Seattle Mun. Code ch. 14.12, subch. II, § 14.12.090 Confidential communications

14.12.090 - Confidential communications The following communications and materials are confidential: A. A professional consultation between departmental personnel and a Department psychologist, or between a person detained in the City Jail and a jail physician or other medical personnel when a confidential relationship exists between the participants; B. A confidential communication between departmental personnel and any legal advisor assigned to the Department or to represent the Department or departmental personnel, as well as memoranda of such communications; C. A confidential communication between departmental personnel and a chaplain or other religious official; or D. Information identifying the name of an informant that is privileged from disclosure in a court of law and information collected about an informant as part of and relevant to a background investigation to determine his or her reliability, provided the informant has consented to its collection. Such a confidential communication may not contain private sexual information or restricted information about any person other than the informant, except as an incidental reference (Section 14.12.080). (Ord. 110572, § 8, 1982; Ord. 108333, § 7, 1979.)

Seattle Mun. Code ch. 14.12, subch. II, § 14.12.100 Materials open to public inspection

14.12.100 - Materials open to public inspection A. Materials such as the following qualify as materials open to public inspection if any person may examine them during regular Department business hours and the materials are readily available and may be obtained promptly: 1. Information about anticipated political or religious events—such as parades, processions, rallies, demonstrations, or assemblies contemplated in Chapter 11.25, or its successor traffic code—and such materials as may be necessary in connection with the events for the direction and control of traffic, to protect the public health and safety, and to secure public liability insurance covering the City, provided that the complainant identification information may be kept confidential when required by RCW 42.17.310(1)(e); 2. Information in a reference center or library; 3. Printed literature from a criminal justice agency relating to law enforcement duties that may be obtained pursuant to the public disclosure rules of the Department prepared pursuant to state law; and/or 4. Any arrest circular or "Wanted" poster received by the Department as part of a general circulation by a governmental agency to law enforcement agencies. B. Materials qualifying as materials open to public inspection pursuant to subsections 14.12.100.A.2 and 14.12.100.A.3 may be indexed separately for the purposes of chapter 42.56 RCW), provided that such materials shall not be cross-referenced within other Department files. (Ord. 110640, § 5, 1982 [typographical error correction and cross-reference update]; Ord. 110572, § 9, 1982; Ord. 108333, § 8, 1979.)

Seattle Mun. Code ch. 14.12, subch. II, § 14.12.110 Special investigations

14.12.110 - Special investigations Information may be collected in connection with the following special investigations when: A. The information is collected upon the request of the Attorney General of the State, a Prosecuting Attorney, a City Attorney, or the Department of Justice with respect to a person charged with a crime or ordinance violation, or with respect to a person facing civil commitment after commitment proceedings have been filed, and the information is reasonably relevant to the investigation or judicial proceedings. B. The information is collected about a person reasonably suspected of involvement in corruption or malfeasance in office of a governmental official or employee, and the information reasonably appears relevant thereto; and/or C. The information is collected about an applicant as part of and relevant to a background investigation of the applicant for employment or promotion with the City or a City license or commission; or the subject of the information has consented in writing to its collection. (Ord. 110572, § 10, 1982; Ord. 108333, § 9, 1979.)

Seattle Mun. Code ch. 14.12, subch. II, § 14.12.120 Exclusions

14.12.120 - Exclusions A. This Chapter 14.12 shall not restrict: 1. Activities by departmental personnel as private citizens not related to their law enforcement functions; 2. The collection of information about police conduct by the Department Internal Investigations Section; 3. The participation of departmental personnel in their official capacities in the City's administrative and legislative processes with respect to Department operations to the same extent and in the same manner as other City departments; or 4. Personal communications to, and personal papers of, the Chief of the Department personally maintained in his own office, provided such materials do not include investigatory information. B. Nothing in this Chapter 14.12 shall restrict or forbid departmental personnel from complying with a court order. (Ord. 110572, § 11, 1982; Ord. 108333, § 10, 1979.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.12COINLAENPU_SUBCHAPTER_IISCXEEXFetched: 11/1/2026