HomeMy Public PortalAboutORD-CC-1992-09ORDINANCE NO. 92-09
AN ORDINANCE OF MOAB CITY CORPORATION, A UTAH MUNICIPALITY,
ESTABLISHING A RECORDS, ACCESS AND MANAGEMENT PROGRAM.
SEC. 1. SHORT TITLE
The Ordinance is known as the "Moab City Corporation Government
Records Access and Management Act."
SEC. 2. PURPOSE AND INTENT
1. In enacting this act, the city recognizes two fundamental
constitutional rights:
a. the right of privacy in relation to personal data gathered by
the city; and
b. the public's right of access to information concerning the
conduct of the public's business.
2. It is the intent of the city to:
a. establish fair information practices to prevent abuse of
personal information by the city while protecting the public's right
of easy and reasonable access to unrestricted public records; and
b. provide guidelines of openness to government information and
privacy of personal information consistent with nationwide standards.
c. establish and maintain an active, continuing program for the
economical and efficient management of the city's records as provided
in this Ordinance.
SEC. 3. DEFINITIONS
As used in this Ordinance:
1. "Chronological logs" means the regular and customary records
of law enforcement agencies and other public safety agencies that show
the time and general nature of police, fire, and paramedic calls made
to the agency and any arrests or jail bookings made by the agency.
2. "Classification," "classify," and their derivative forms mean
the process of designating a record series or information within a
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record series as public, private, confidential, or protected.
3. a. "Computer Program" means a series of instructions or
statements that permit the functioning of a computer system in a
manner designed to provide storage, retrieval, and manipulation of
data from the computer system, and any associated documentation and
source material that explain how to operate the computer program.
b. "Computer Program" does not mean:
(i) the original data, including numbers, text, voice, graphics,
and images;
(ii) analysis, compliation, and other manipulated forms of the
original data produced by use of the program; or
(iii) the mathematical or statistical formulas that would be
used if the manipulated forms of the original data were to be produced
manually.
4. "Confidential record" means a record containing data on
individuals that is classified confidential as provided by Section 11.
5. a. "Contractor" means:
(i) any person who contracts with a city to provide goods or
services directly to a city: or
(ii) any private, nonprofit organization that receives funds
from a city.
b. "Contractor" does not mean a private provider.
6. "Gross compensation" means every form of remuneration payable
for a given period to an individual for services provided including
salaries, commissions, vacation pay, severance pay, bonuses, and any
board, rent, housing, lodging, payments in kind, and any similar
benefit received from the individual's employer.
7. "Incident reports" mean records customarily created by law
enforcement agencies and other public safety agencies about specific
incidents and that normally include:
a. the nature of the complaint, the incident, or offense;
b. the agency's actions taken in response to the incident;
c. any assessment of the iniuries or damages suffered in the
incident;
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d. the general scope of the agency's investigation of the
incident;
e. the name, address, and other identifying information about
any person arrested or charged on connection with the incident;
f. search warrants or arrest warrants issued in connection with
the incident; and
g. the identity of the officers and public safety personnel
involved in investigating or prosecuting the incident.
8. "Individual" means a human being.
9. "Person" means any individual, nonprofit or profit
corporation, partnership, sole propietorship, or other type of
business organization.
10. "Private record" means a record containing data on
individuals that is classified private as provided by Section 10.
11. "Private provider" means any person who contracts with a city
to provide services directly to the public.
12. "Protected record: means a record that is classified
protected as provided by Section 11.
13. "Public record" means a record that has not been
appropriately classified private, confidential, or protected as
provided in Sections 10, 11, and 12 of this Ordinance.
14. a. "Record" means all books, letters, documents, papers,
maps, plans, photographs, films, cards, tapes, recording, or other
documentary materials, and electronic data regardless of physical form
or characteristics, prepared, owned, used, received, or retained by a
city;
b. "Record does not mean:
(i) temporary drafts or similar materials prepared for the
originator's personal use or prepared by the originator for his
personal use of a person for whom he is working;
(ii) materials that are legally owned by an individual in his
private capacity;
(iii) materials to which access is limited by the laws of
copyright or patent unless the copyright or patent is owned by the
city;
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(iv) proprietary software;
(v) Junk mail or commercial publications received by a city or
an official or employee of a city;
(vi) books and other materials that are cataolged, indexed, or
inventoried and contained in the collections of libraries open to the
public, regardless of physical form or characteristics of the
material;
(vii) personal notes or notes prepared by the Judiciary as part
of the deliberative process; or
(viii) computer programs as defined that are developed or
purchased by or for the city for its own use.
16. "Record series" means a group of records that may be treated
as a unit of purposes of classification, description, management, or
disposition.
17. "Records Officer" means the individual designated by the
Recorder to work in the care, maintenance, scheduling, disposal, and
preservation of records.
18. "Summary data" means statistical records and complications
that contain data derived from private, confidential, or protected
information but that do not disclose private, confidential, or
protected information.
SEC. 4. RIGHT OF PUBLIC ACCESS
1. Every person has the right to inspect and to request a copy of
a public record, subject to Section 6 of this Ordinance.
2. A11 records are public unless otherwise expressly provided by
this Ordinance or State or Federal law or regulation.
3. The following records are not public:
a. records that are appropriately classified private,
confidential, or protected as allowed by Sections 10, 11, and 12 of
this Ordinance; and
b. records to which access is restricted by another state
statute, federal statute, or federal regulation, either directly or as
a condition of participation in a state or federal program or for
receiving state or federal funds.
4. The city shall provide a person with a certified copy of a
record if:
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a. the person requesting the record has a right to see it;
b. he identifies the record with reasonable specificity; and
c. he pays the lawful fees as set by resolution.
5. a. The city is not required to create a record in response
to a request.
b. nothing in this Ordinance requires the city to fulfill a
person's records request if the request unreasonably duplicates prior
records requests from that person.
6. If the city owns a copyright or patent affecting a record,
and offers the copyrighted or patented record for sale, the city may
control by ordinance or policy the access, duplication, and
distribution of the material based on terms the city considers to be
in the public interest. Nothing in this Ordinance 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
copyright or patent.
SEC. 5. ACCESS TO NON PUBLIC RECORDS
1. Upon request the city shall disclose a record that is
classified private to:
a. the subject of the record;
b. the parent or legal guardian of an unemancipated minor who is
the subject of the record;
c. the legal guardian of a legally incapacitated individual who
is the subject of the record;
d. any other individual who;
(i) has a power of attorney from the subject of the record; or
(ii) submits a notarized release from the subject of the record
or his legal representative dated no later than 30 days before the
request is made; or
e. any person who has a court order signed by a judge from a
Utah court, other than a Justice of the peace court, or a federal
court of competent jurisdiction to the extent that the record deals
with a matter in controversy over which the court has jurisdiction
after the court has considered the merits of the record request.
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2. a. Upon request, the city shall disclose a record that is
classified confidential to:
(i) a physician, psychologist, or certified social worker upon
submission of a notarized release from the subject of the record that
is dated no more than 30 days prior to the date the request is made
and a signed acknowledgement of the terms of disclosure of
confidential information as provided by Subsection b; and
(ii) any person who has a court order signed by a Judge from a
Utah court, other than a Justice of the peace court, or a federal
court of competent Jurisdiction to the extent that the record deals
with a matter in controversy over which the court has Jurisdiction
after the court has considered the merits of the record requested.
b. a person who receives a record from the city in accordance
with Subsection 5.2.a.(i) may not disclose confidential information
from that record to any person, including the subject of a record.
3. Upon request the city shall disclose a record that is
classified as protected to:
a. the person who submitted the information in the record;
b. any other individual who;
(i) has a power of attorney from the subject of the record; or
(11) submits a notarized release from the subject of the record
or his legal representative dated no more than 30 days prior to the
date the request is made; or
c. any person who has a court order signed by a judge from a
Utah court other than a Justice of the peace court, or a federal court
of competent jurisdiction to the extent that the record deals with a
matter in controversy over which the court has jurisdiction after the
court has considered the merits of the record request.
4. The city may disclose a record classified private,
confidential, or protected to another city, another state, the United
States, or a foreign government only as provided by Utah Code
annotated 63-2-206.
5. Before releasing a record classified private, confidential,
or protected, the city shall obtain evidence of the requester's
identity.
6. Nothing in this section prohibits the city from disclosing a
record to persons other than those listed in Subsections 5.1, 5.2 and
5.3 if the city determines that disclosure is in the public interest.
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SEC. 6. FEES
1. The city shall charge a reasonable fee to cover the city's
actual cost of duplicating a record or compiling a record in a form
other than that maintained by the city. Fees shall be set by
resolution. The initial fee, until changed by Resolution, is as set
forth in Exhibit "A" hereto. (Resolution 05-92)
SEC. 7. PROCEDURES FOR RECORD ACCESS
1. A person making a request for a record shall furnish the city
with a written request containing his name, mailing address, daytime
telephone number, and a description of the records requested that
identifies the record with reasonable specificity.
2. Except as provided in Subsection 7.3, a city shall respond to
a records request no later than ten business days after receiving the
request by:
a. approving the request and providing the record;
b. denying the request;
c. notifying the requester that it does not maintain the record
and providing, if known, the name and address of the city that does
maintain the record; or
d. notifying the requester that because of the extraordinary
circumstances listed in Subsection 4, it, cannot immediately approve
or deny the request, and specifying the earliest time and date when
the records will be available.
3. If a requester demonstrates that he is a member of the news
media or that expedited release of the record benefits the public
rather than an individual, the city shall respond to a records request
no later than five business days after receiving the request.
4. The following circumstances constitute "extraordinary
circumstances" that allow a city to delay approval or denial by an
additional number of days as specified in Subsection 7.6 if the city
determines that due to the extraordinary circumstances it cannot
respond within the time limits provided in Subsections 7.2 or 7.3:
a. another governmental entity is using the record, in which
case the city shall immediately request that the governmental entity
currently in possession return the record;
b. another governmental entity is using the record as part of an
audit and returning the record before the completion of the audit
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would impair the conduct of the audit;
c. the request is for a voluminous quantity of records;
d. the city is currently processing a large number of records
requests;
e. the request requires the city to review a large number of
records to locate the records requested;
f. the decision to release a record involves legal issues
requiring analysis of statutes, rules, ordinances, regulations, or
case law;
g. separating public information from private,
protected information requires extensive editing; or
h. separating public information from private,
protected information requires computer programming,
confidential, or
confidential, or
5. If a city claims that one of the extraordinary circumstances
listed in Subsection 5. precludes approval or denial within the time
specified in Subsection 2. or 3., the following time limits apply to
the extraordinary circumstances:
a. for claims under Subsection 5.a., the governmental entity
currently in prossession of the record shall return the record to the
originating entity within five business days of the request for the
return unless returning the record would impair the holder's work;
b. for claims under Subsection 5.b., the originating city shall
notify the requester when the record is available for inspection and
copying;
c. for claims under Subsection 7.5.c., 7.5.d, and 7.5.e., the
city shall:
(i) disclose the public records that it has located;
(ii) provide the requester with an estimate of the amount of time
it will take to furnish the search; and
(iii) complete the search and disclose the requested records as
soon as reasonably possible;
d. for claims under Subsection 7.5.c., the city shall either
approve or deny the request within five days after the response time
designated for the original request has expired;
e. for claims under Subsection 7.5.g., the city shall fulfill
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the request within 15 business days from the date of the original
request; or
f. for claims under Subsection 7.5.h., the city shall complete
its programming and disclose the requested records as soon as
reasonably possible.
6. If the city fails to provide the requested records or issue a
denial within the specified time period, that failure is considered
the equivalent of a determination denying access to the records.
SEC. 8.
1. If the city denies the request in whole or part, it shall
send a notice of denial to the requester's address.
2. The notice of denial shall contain the following information:
a. a description of the record or portions of the record to which
access was denied, provided that the description does not disclose
private, confidential, or protected information;
b. citations to the provisions of this Ordinance, another state
statute, federal statute, or federal regulation that exempt the record
or portions of the record from disclosure, provided that the citations
do not disclose private, confidential, or protected information;
c. a statement that the requester has the right to appeal the
denial to the mayor and then to the city council and then to district
court; and
d. a brief summary of the appeals process, and the time limits
for filing any appeal.
3. Unless otherwise required by a court or ageny of competent
Jurisdiction, the city may not destroy or give up custody of any
record to which access was denied until the period in which to bring
an appeal has expired or the end of the appeals process, including
Judicial appeal.
SEC. 9. RECORDS THAT MUST BE CLASSIFIED PUBLIC RECORDS
The city shall classify the following records as public except to
the extent they contain information expressly permitted to be
classified as exempt from disclosure under the provisions of
Subsection 4.3 or Section 10, 11, or 12.
1. Names, gender, gross compensation, job titles, job
descriptions, job qualifications, business addresses, business
telephone numbers, number of hours worked per pay period, and dates of
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employment of its former and present employees and officers excluding
undercover law enforcement officers or investigative personnel if
disclosure would impair the effectiveness of investigations or
endanger any person's safety.
2. Final opinions, including concurring and dissenting opinions,
and orders that are made by a city in an administrative, adjudicative,
or Judicial proceeding except that if the proceedings were properly
closed to the public, the opinion and order may be withheld to the
extent that they obtain information classified as private, protected,
or confidential.
3. Final interpretation of statutes or rules by a city unless
classified as protected as provided in Section 13.
4. Information contained in or compiled from a transcript,
minutes, or reproduction of a proceeding of a city including the
records of all votes of each member of the city except as provided by
the Open and Public Meetings Act.
5. Laws.
6. Judicial records unless a court orders the records to be
restricted under the rules of civil or criminal procedure or unless
the records are properly classified as private.
7. Records maintained by county recorders, clerks, treasurers,
surveyors, zoning commissions the Division of State Lands and
Forestry, the Division of Oil, Gas and Mining, the Division of water
Rights, or other governmental entities that evidence;
a. titles or encumbrances to real property;
b. restrictions on the use of real property;
c. the capacity of persons to take or convey title to real
property;
d. tax status for real and personal property; or
e. mineral production on governmental lands;
8. Records of the Department of Commerce pertaining to
incorporations, mergers, name changes, and uniform commercial code
filings.
9. Records containing data on individuals that would otherwise
be classified as private if the individual who is the subject of the
record has given the city written permission to make the records
available to the public.
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10. Records that do not contain data on individuals if the
public's interest in access out weighs the interest of the city or
other persons who seek to prevent disclosure.
11. Original data in a computer program if the city chooses not
to disclose the program.
12. Administrative staff manuals, instructions to staff, and
statements of policy.
13. records documenting a contractor's or private provider's
compliance with the terms of a contract with a city.
14. Records documenting the services provided by a contractor or
a private provider to the extent the records would be public if
prepared by the city.
15. Records documenting the compensation that a city pays to a
contractor or private provider.
16. Contracts entered into by a city.
17. Information in or taken from any account, voucher, or
contract that deals with the receipt or expenditure of funds by a
city.
18. Records relating to assistance or incentives offered by or
requested from a city, encouraging a person to expand or relocate a
business in Utah, except the city may withhold the person's name and
disclose only the size and nature of the business, using Standard
industrial Classification or a similar description of the business
unless:
a. the person has publicly announced its plans to expand or
relocate in Utah; or
b. ten days have elapsed since the person accepted the city's
commitment to provide assistance or incentives.
19. Summary data.
20. Chronological logs and incident reports.
21. Correspondence by and with a city in which the city
determines or states an opinion upon the rights of the state, a
political subdivision, the public, or any person.
22. Empirical data contained in drafts if:
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a. the empirical data is not reasonably available to the
requester elsewhere in similar form; and
b. the city is given a reasonable opportunity to correct any
errors or make nonsubstantive changes before release.
23. Drafts that are circulated to anyone other than a city or to
anyone other than a federal agency are Jointly responsible for
implementation of a program or project that has been legislatively
approved.
24. Drafts that have never been finalized but were relied upon
by the city in carrying out action or policy.
SEC. 10. RECORDS THAT MAY BE CLASSIFIED PRIVATE RECORDS
The city may classify only the following records as private:
1. Records concerning an individual's eligibility for
unemployment insurance benefits, social services, welfare benefits, or
the determination of benefit levels.
2. Records describing an individual's finances except that the
following is public:
a. records described in Section 9.
b. information provided to the city for the purpose of complying
with a financial assurance requirement; or
c. records that may be disclosed in accordance with another
statute.
3. Records containing data on individual describing medical
history, diagnosis, condition, treatment, evaluation, or similar
medical data.
4. Records containing data on individuals the disclosure of
which constitutes a clearly unwarranted invasion or personal privacy.
5. Records of publicly funded libraries that when examined alone
or with other records identify a patron.
6. Records of independent state agencies if the disclosure of
those records would conflict with the fiduciary obligations of the
agency.
7. Records received or generated in a Senate or House ethics
committee concerning any alleged violation of the rules on legislative
ethics if the ethics committee meeting was closed to the public.
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8. Information in the municipality's personnel file,
applications, nominations, recommendations, or proposals for public
employment or appointment, except information relating to formal
charges against the employee and disciplinary action unless such
charges and action are not sustained or should be groundless or except
as the data is already classified as public.
9. Information comprising a personal recommendation or
evaluation concerning an individual, or provided by the individual
with respect to a third party is disclosures would constitute a
clearly unwarranted invasion or privacy and disclosure is not in the
public interest.
10. Records that would disclose military status.
11. Records provided by the United States or by a city outside
the state that are given with the requirement that the records be
given private status.
SEC. 11. RECORDS THAT MAY BE CLASSIFIED AS CONFIDENTIAL
The city may classify a record as confidential only if;
1. The record contains medical, psychiatric, or psychological
data about an individual.
2. The city reasonably believes that releasing the record would
be detrimental to the subject's mental health or to the safety of any
individual.
SEC. 12. RECORDS THAT MAY BE CLASSIFIED AS PROTECTED
The city may classify only the following records as protected:
1. Trade secrets as defined in Section 13-24-2 of U.C.A. if the
person submitting the trade secret has provided the city with the
information specified in Section 63-2-308 of U.C.A.
2. Commercial or nonindividual financial information exchanged
between a city and a person if:
a. disclosure of the information would result in unfair
competitive iniury to the person submitting the information or would
impair the ability of the city to obtain necessary information in the
future;
b. the person submitting the information has a greater interest
in prohibiting access than the public in obtaining access; and
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c. the person submitting the information had provided the city
with the information specified in Section 63-2-308 of U.C.A.
3. Commercial or financial information acquired or prepared by a
city to the extent that a disclosure would lead to financial
speculations in currencies, securities, or commodities that will
interfere with a planned transaction by the city or cause substantial
financial inlury to the city or national economy.
4. Test questions and answers to be used in future license,
employment, or academic examinations.
5. Records the disclosure of which would impair governmental
procurement or give an unfair advantage to any person proposing to
enter into a contract or agreement with a city.
6. Records that would identify real property or the value of the
real property under consideration for public acquisition before any
rights to the property are acquired unless;
a. public interest in obtaining access to the information
outweighs the city's need to acquire the real property on the best
terms possible; or
b. potential sellers of the real property have already learned
of the city's plans to acquire the property or of the city's estimated
value of the real property.
7. Records compiled for civil enforcement or law enforcement
purposes or for licensing, certification, or registration if release
of the records would:
a. interfere with enforcement proceedings or investigations for
licensing, certification, or registration;
b. deprive a person of a right to a fair trial or impartial
hearing;
c. disclose the identity of a source who is not generally known
outside of government and, in the case of a record compiled in the
course of an investigation, disclose information furnished by a source
not generally known outside of government is disclosure would
compromise the source; or
d. disclose investigative techniques, procedures, policies, or
orders not generally known outside of government if disclosure would
interfere with enforcement efforts.
8. Records the disclosure of which would Jeopardize the life or
safety of an individual.
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9. Records the disclosure of which would Jeopardize the security
of governmental recordkeeping systems.
10. Records relating to incarceration, probation, or parole, if
the disclosure of the records would Jeopardize the security of a
governmental facility, or interfere with the supervision of an
individual's incarceration, probation or parole.
11. Records that would disclose audit techniques, procedures, and
policies is disclosure would risk circumvention of an audit.
12. Records and audit workpapers that identify audit procedures
and methods used by the Utah State tax Commission to select tax
returns for audit reviews or that disclose an auditor's mental
impressions about an audit.
13. Records of a governmental audit agency relating to an ongoing
or planned audit until the final audit is released.
14. Records prepared by or on behalf of a city in anticipation of
litigation that are not available under the rules of discovery, unless
the records are otherwise classified as public.
15. Records disclosing an attorney's work product, including the
mental impressions, or legal theories of an attorney or other
representative of a city concerning litigation.
16. Records of communications between a city and an attorney
representing, retained or employed by the city if the communications
would be privileged as provided in Section 78-24-8 of U.C.A.
17. personal files of a member of the city council, but not
corespondence that gives notice of legislative action or policy.
18. Drafts, unless otherwise classified as public.
19. Records concerning a city's strategy about collective
bargaining or pending litigation.
20. Records of investigations of loss occurrences and analysis
of loss occurrances.
21. Communications between individuals sitting on a board or
commission who are acting in a Judicial capacity to the extent that
the communications relate to the deliberative aspects to the
adludications.
22. Records that reveal the location of historic prehistoric,
palentological, or biological resources that if known would Jeopardize
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the security of those resources or of valuable historic, scientific,
educational, or cultural information.
23. Records of independent state agencies if the disclosure of
the records would conflict with the fiduciary obligations of the
agency.
24. Records of personnel evaluation, appointments, retention
decisions, and promotions generated in a meeting closed in accordance
with Chapter 4, Title 52, Utah Open and Public Meetings.
25. Records of the mayor's office, including, but not limited
to, budget recommendation, legislative proposals and policy
statements, that if disclosed would reveal the mayor's contemplated
policies or contemplated courses of action before the mayor has
implemented or rejected those policies or courses of action or made
them public.
26. Records of the Office of the mayor relating to budget
analysis, revenue estimates, and fiscal notes of proposed budgets
before issuance of the final recommendaitons in these areas.
27. Records provided by the United States or by a governmental
entity outside the state that are given to the governmental city with
a requirement that they be given a protected status.
SEC. 13. RECORDS CLASSIFICATION
1. The city shall:
a. examine all records or record series that it creates or to
which it adds information after that date;
b. classify those records or record series as provided by this
Ordinance;
c. designate a primary classification for each majority of the
information in the record series as public, private, confidential, or
protected; and
d. indicate whether information within a classification other
than the primary classification is present in the record series, and
list the appropriate classifications.
2. The city is not required to reclassify any record or record
series created before April 1, 1992., until:
a. information is added to the record series; or
b. a person requests access to the record or to a record within
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c.
the record series.
time.
3. The city may reclassify a record or record series at any
SEC. 14. RECORDS RETENTION
The city shall by Resolution establish a retention schedule for a
record series. The initial retention schedule shall be as set forth
in Exhibit "B" hereto. (Resolution 06-92)
SEC. 15. SEPARATION OF RECORDS
Notwithstanding any other provision in this Ordinance, if the
city receives a request for access to a record in a record series that
is classified as private, confidential, or protected, and the record
contains information that standing alone would be public and
intelligible, the city:
1. Shall allow access to public information in the record.
2. May deny access to information in the record if the
information is exempt from disclosure, issuing a notice of denial.
SEC. 16. APPEALS
1. Any person aggrieved by the city's determination under this
Ordinance, including a person not a party to the city's proceeding,
may appeal the determination to the governing board by filing a notice
of appeal.
2. The notice of appeal must be filed with the City Recorder no
later than:
a. 30 days after the city has responded to the records request
by either providing the requested records or denying the request in
whole or in part; or
b. 35 days after the original request, if the city failed to
respond to the request.
3. The notice of appeal shall contain the following information:
a. the petitioner's name, mailing address, and daytime telephone
nuumber; and
b. the relief sought.
4. The petitioner may file a short statement of facts, reasons,
and legal authority in support of the appeal.
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5. In the case of a protected record, the Recorder shall inform
the claimant of business confidentiality of the appeal and allow the
claimant to provide further support for the claim of business
confidentiality.
6. No later than five days after receiving a notice of appeal,
the recorder shall:
a. schedule a hearing for the city council to discuss the appeal
which shall be held within 30 days from the date of the filing of the
appeal;
b. At the hearing the city council shall allow the parties to
testify, present evidence, and comment on the issues. The city
council may allow other interested persons to comment on the issues.
c. No later than three business days after the hearing, the city
council shall issue a signed order either granting the petition in
whole or in part or upholding the determination of the city in whole
or in part.
d. The order of the city shall include:
(i) a statement of reasons for the decision, including citations
to this Ordinance or federal regulation that governs disclosure of the
record, provided that the citations do not disclose private,
confidential, or protected information;
(ii) a description of the record or portions of the record to
which access was ordered or denied, provided that the description does
not disclose private, confidential, or protected information;
(iii) a statement that any party to the appeal may appeal the
city's decision to district court; and
(iv) a brief summary of the appeal, and a notice that in order to
protect its rights on appeal, the party may wish to seek advise from
an attorney.
SEC. 17. JUDICIAL REVIEW
1. Any party to a proceeding before the city council may
petition for Judicial review by the district court of the city
council's order. The petition shall be filed no later than 30 days
after the date of the city council's order.
SEC. 18. EFFECTIVE DATE
This ordinance shall take effect April 1st 1992.
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Passed and approved by a maJority vote of the City Council, this
17th day of March , A.D., 1992.
ATTEST:
John West
City R- order
19
homas A. Stocks
Mayor
EXHIBIT
(ORDINANCE 92-09)
RESOLUTION NO. 05-92
tIAII
A RESOLUTION ESTABLISHING AND SETTING FORTH A FEE STRUCTURE FOR
ORDINANCE 92-09, REGARDING RECORD RESEARCH FEES AND PHOTOCOPYING.
WHEREAS, the Governing Body of the City of Moab finds it
necessary to establish and set forth a fee structure for Ordinance
92-09, regarding record research fees and photocopying.
NOW THEREFORE, BE IT RESOLVED by the Moab City Council that the
Moab City fee structure for Ordinance 92-09, regarding record research
fees and photocopying shall be as follows:
1. Record research fee S25.00/HR
2. Photocopying fee for 8 1/2 x 11" S00.10/EA
3. Photocopying fee for 8 1/2 x 11" double-sidedS00.20/EA
4. Photocopying fee for 11 x 14" 500.15/EA
5. Photocopying fee for 11 x 14" double -sided 500.30/EA
6. Photocopying fee for 11 x 17" 500.20/EA
7. Photocopying fee for 11 x 17" double -sided 500.40/EA
EFFECTIVE DATE of this resolution shall take effect on April
1st 1992.
PASSED AND APPROVED in open Council by a mapority vote of the
Governing Body of Moab City Council this 17th day of March ,
A.D., 1992.
ATTEST:
John W. West
City Recorder
Thomas A. Stocks
Mayor
EXHIBIT
If U
(ORDINANCE 92-09)
RESOLUTION NO. 06-92
A RESOLUTION ESTABLISHING AND SETTING FORTH THE MOAB CITY RECORD
RETENTION GUIDE.
WHEREAS, the Governing Body of the City of Moab finds it
necessary to establish and set forth the Moab City Record Retention
Guide to assure that all city record retention shall proceed in an
orderly manner. The Moab City Record Retention Guide shall include
the Utah Municipal General Records Retention Schedule, dated 1990,
including any future updates, but, not limiting Moab City to only the
retention schedule set by Utah State Archives & Records Services.
Moab City being a rural community may wish to retain certain city
records longer or shorter than set forth in the Utah Municipal General
Records Retention Schedule.
NOW THEREFORE, BE IT RESOLVED by the Moab City Council that the
Moab City Record Retention Guide be as mentioned above; to comply with
Moab City Ordinance 92-09, Establishing A Records, Access And
Management Program.
EFFECTIVE DATE of this resolution shall take effect on April
1st 1992.
PASSED AND APPROVED in open Council by a ma3ority vote of the
Governing Body of Moab City Council this 17th day of March ,
A.D., 1992.
ATTEST:
John W. West
City Recorder
Thomas A. Stocks
Mayor