How to File a Public Records Request in Burlington, Washington

What Is the Washington Public Records Act?

The Washington Public Records Act (PRA), codified at Chapter 42.56 RCW, was enacted by voter initiative in 1972 and stands as one of the most expansive open-records laws in the United States. It guarantees the public's right to inspect and copy virtually any record held by a state or local government agency. Washington courts have consistently interpreted the law broadly, finding that it encompasses “virtually any record related to the conduct of government.”

A "public record" under RCW 42.56.010(3) means any writing — broadly defined — that is prepared, owned, used, or retained by a government agency and relates to the conduct of government or the performance of a governmental or proprietary function. This includes permits, meeting minutes, contracts, emails, text messages, photographs, videos, voicemails, and social media posts by government officials in their official capacity.

Key exemptions include personal privacy information (RCW 42.56.230), active law enforcement investigation files (RCW 42.56.240), preliminary deliberative drafts (RCW 42.56.280), attorney-client privileged materials (RCW 42.56.290), and certain employment records (RCW 42.56.250). All exemptions must be narrowly construed — the burden of proving that a record is exempt rests entirely on the agency, not the requester.

Read the full text of the Washington Public Records Act (Chapter 42.56 RCW (RCW 42.56.001–42.56.904))

How to File a Public Records Request with the City of Burlington

How to Submit Your Request

The City of Burlington handles public records requests through its online portal at burlingtonwa.gov/690/Public-Records-Requests. From that page, you can complete a fillable electronic Public Records Request Form, or download and print a PDF version of the form to submit in person or by mail. Requests may be submitted online, by mail, or in person at Burlington City Hall, 833 South Spruce Street, Burlington, WA 98233. You may also fax requests to (360) 755-1297. No specific form is legally required — a written request clearly identifying the records you seek is sufficient — but the city encourages use of its standard form for tracking purposes. If you submit online and do not receive a response within five business days, call (360) 755-0531 to confirm receipt.

What to Include in Your Request

• Your full name and contact information (mailing address, phone number, or email)
• A clear, specific description of the records you are requesting
• The date range or approximate time period for the records, if applicable
• The preferred format for receiving records (paper copy, electronic PDF, etc.)
• Whether you wish to inspect records in person or receive copies
• Any relevant department, project name, or reference number that may help staff locate the records
• Your preferred payment method acknowledgment if copying fees may apply

Response Deadlines and What to Expect

Under RCW 42.56.520, the City of Burlington must respond to your public records request within five business days of receiving it. Unlike some states that set different timelines based on residency, Washington's five-business-day rule applies equally to all requesters regardless of where they live.

Importantly, this deadline governs the agency's initial response — not necessarily the complete fulfillment of the request. Within those five business days, the city may: (1) provide the requested records; (2) provide a link to the records if they are already available online; (3) acknowledge receipt and provide a reasonable estimate of the time needed to fully respond; or (4) deny the request in writing with a citation to the specific statutory exemption.

For complex requests involving many documents, the city may respond in installments, providing records on a rolling basis as they are reviewed and cleared for release. Burlington's municipal code provides a default timeline of 21 calendar days if the estimated response time is not specified on the request form, but the statutory five-business-day acknowledgment requirement still applies.

Copying fees are governed by RCW 42.56.120. Burlington may charge actual reproduction costs, and may require a deposit of up to 10 percent of estimated copying costs before duplicating records. Color copies, electronic files, and media such as CDs or DVDs are billed at actual cost. Payments are accepted by cash, check, or money order payable to the City of Burlington.

What to Do If Your Request Is Denied or Delayed

If the City of Burlington denies all or part of your public records request, it must provide a written explanation that cites the specific statute authorizing the withholding, along with a brief description of how that exemption applies to the record at issue (RCW 42.56.210). A vague or conclusory denial — one that doesn't identify the specific exemption — is itself a violation of the PRA.

Common reasons agencies deny requests include: the records fall within one of the PRA's statutory exemptions (such as active law enforcement investigations, personnel files, or attorney-client communications); the records don't exist or aren't held by the city; or the request is unclear or overly broad. Partial withholdings, where only exempt portions are redacted and the rest is disclosed, are common and proper.

If you believe a denial is improper, your first step should be to send a written petition to Burlington's Public Records Officer requesting internal review of the denial. Under RCW 42.56.520, the agency must complete this review by the close of the second business day following your petition — making this a fast, low-friction first step.

In parallel, or as a separate option, you may ask the Washington State Attorney General to review the denial and issue a written opinion under RCW 42.56.530. AG opinions are not legally binding, but agencies typically take them seriously, and the process can resolve disputes without litigation.

If administrative steps fail, you have the right to file a lawsuit in Skagit County Superior Court seeking de novo judicial review under RCW 42.56.550. If you prevail, you are entitled to mandatory recovery of all attorney fees and costs, plus a daily penalty of between $5 and $100 for each day the record was improperly withheld — and this penalty applies even if the agency acted in good faith. Court actions must be filed within one year of the agency's denial or its last production of records on an installment basis.

Steps to Appeal

1. Review the denial letter carefully: the city must cite the specific exempting statute under RCW 42.56.210. A denial without a proper citation may itself be a PRA violation.
2. Submit a written petition for internal review to Burlington's Public Records Officer. The city must respond by the close of the second business day following receipt (RCW 42.56.520).
3. Contact the Washington State Attorney General's Open Government unit at (360) 753-6200 and request a written advisory opinion on whether the exemption was properly applied (RCW 42.56.530). AG opinions are advisory but carry significant weight.
4. Consider contacting the Washington Coalition for Open Government (WashCOG) or a media law attorney for guidance, especially if the request involves a matter of significant public interest.
5. File a petition for judicial review in Skagit County Superior Court under RCW 42.56.550. Review is de novo — the court independently evaluates whether withholding was lawful.
6. If you prevail in court, you are entitled to mandatory attorney fees, litigation costs, and a penalty of $5 to $100 per day for each day the record was improperly withheld (RCW 42.56.550(4)). Good-faith reliance by the agency is not a defense to the penalty.
7. File your court action within one year of the agency's claim of exemption or the last installment of records produced (RCW 42.56.550(6)).

Types of Records You Can Request from Burlington, Washington

The Washington Public Records Act covers virtually all records held by the City of Burlington relating to the conduct of city government or the performance of any governmental function. Here are common categories of records Burlington residents and researchers typically request:

• City council meeting agendas, minutes, and supporting materials
• Ordinances, resolutions, and municipal code amendments
• City budgets, financial statements, and audit reports
• Contracts and agreements with vendors, developers, or service providers
• Building permits, land use approvals, and zoning records
• Planning department files, environmental review documents, and comprehensive plan records
• Police department reports and incident records (non-exempt under RCW 42.56)
• Fire department call logs and inspection records
• Public works infrastructure plans, maintenance records, and engineering files
• City employee salary and compensation records (to the extent not exempt)
• Correspondence and emails of city officials relating to official business
• Code enforcement case files and inspection reports
• Grant applications and awards received by the city
• Real property acquisition or sale records involving city-owned land
• City vehicle fleet maintenance records and public asset inventories

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the City of Burlington to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Burlington