HomeMy Public PortalAboutTitle 1, Chapter 14- Public RecordsTITLE 1 IONA CITY CODE
CHAPTER 14 (Revision: December 7, 2023) Page 36
CHAPTER 14 Public Records
SECTION:
1-14-1: Open Records Policy
1-14-2: Hours
1-14-3: Exceptions
1-14-4: Copying Costs
1-14-5: Identification and Retrieval of Records
1-14-6: Custodian Defined
1-14-7: Request for Examination
1-14-8: Response to Requests for Examination
1-14-9: Mailing of Records
1-14-10: Electronic Duplication
1-14-11: Objection to Records Production
1-14-12: Retention of Temporary Records
1-14-13: Destruction or Alteration of Records
1-14-1: OPEN RECORDS POLICY. All records of the City shall be open to inspection
and every person shall have a right to examine and make a copy thereof, subject to the provisions
of this chapter. Nothing herein shall impose a duty upon the custodian of any public record to
research, sort, manipulate, index or process information contained in any public record.
1-14-2: HOURS. All records open to the public shall be available for inspection or copying
upon the request of any member of the public during regular office hours of the City Clerk or
custodian of the records, as may be established by executive order of the Mayor or by Ordinance
of the City Council. Public records may not be removed from the custodian's office without the
permission of such custodian.
(Ord. 132, 1/15/2008).
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1-14-3: EXCEPTIONS. Except as otherwise determined by specific resolution of the
Council, the public shall have no right to inspect or copy the following records:
(A) All records exempt from inspection and copying by law.
(B) Records prepared, considered or received in relation to or in anticipation of any matter
which is properly the subject of an executive session under Idaho Code Section 67-2345.
(C) All public records to the extent it is necessary to preserve any privilege established by law
or pursuant to the Idaho Rules of Evidence, or to the extent necessary to preserve and
maintain records relating to a privilege of any officer, employee, agent of the City or any
other person who delivers records or documents to the City having an expectation of the
confidentiality thereof under such privileges.
1-14-4: COPYING COSTS. Every division or department of the City may establish a
reasonable fee for providing copies under the provisions of this chapter, provided such fees shall
not exceed the actual expense of making the copy. The custodian of the public records may require
payment of the estimated costs of copying in advance.
1-14-5: IDENTIFICATION AND RETRIEVAL OF RECORDS. All requests for
inspection or copying shall be made directly to the custodian of the desired records and shall be
sufficiently specific to allow ready identification of the records desired. In the event a request for
inspection or copying fails to state the specific identity or location of public records, then the
custodian shall have no obligation to locate, retrieve or copy such records, beyond indicating the
general location of records of the type indicated and then allowing such person to examine the
records so indicated.
1-14-6: CUSTODIAN DEFINED. For the purpose of this chapter, the term “custodian”
shall mean (A) the City Clerk, including any and all employees or representatives of the City Clerk
and (B) the person having actual physical custody of the records for which inspection or copying
is sought. The custodian shall have custody of, control of, and/or authorized access to the pertinent
records of the City. The custodian shall also receive all public records requests, with any
employees or representatives of the custodian acting as alternate custodians for contingencies.
(Ord. 220-05-18, 5/17/18).
1-14-7: REQUEST FOR EXAMINATION. The custodian shall make no inquiry of the
person requesting inspection or copying of any public record, except to determine the nature or
identity of the records sought and the mailing address and telephone number of the person making
the request. The custodian of the public records, or his or her agent, may require the request for
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CHAPTER 14 (Revision: December 7, 2023) Page 38
inspection or copying be made in writing, and in such event, the time frames set forth in Section
1-14-8 below shall not commence until the written request is delivered to the person having
physical custody of such records, notwithstanding any prior verbal request.
1-14-8: RESPONSE TO REQUESTS FOR EXAMINATION. The custodian of any
public record shall grant or deny a request for examination or copying within three (3) working
days after the request is received, provided if the custodian determines a longer period of time is
needed to locate or retrieve the records, the custodian shall notify the person requesting the records
and shall provide the public records no later than ten (10) working days following receipt of the
request. No request shall be denied, unless the denial is in writing, following approval by the City
Attorney, in accordance with Idaho Code Section 9-339. For the purposes of this section, a request
for copying shall not be deemed made until the request has been personally communicated to, or
a written request is delivered to, the custodian of the records sought. Communications or written
requests made to any other officer, agent or employee of the City shall not be deemed effective
until such communication or written request is actually delivered to such custodian.
1-14-9: MAILING OF RECORDS. In the event a request is made for copies of public
records to be delivered by mail or other carrier, the custodian may require advance payment of the
mailing or shipping costs for such public records.
1-14-10: ELECTRONIC DUPLICATION. No person shall, without the consent of the
custodian, use any electronic machine, computer, tape recorder, copier or device, other than
equipment provided by the City, for the purpose of copying any public record. The custodian may
consent to such copying only upon a determination that such copying presents no risk of having
such record altered, damaged or destroyed.
1-14-11: OBJECTION TO RECORDS PRODUCTION. In the event the custodian of
any public record of the City produces records upon the request of any person, such response shall
be deemed satisfactory, unless such person files a written objection with the producing custodian
within three (3) working days after such records are produced. Such objection shall state the
specific reason why the response is inadequate and shall be considered a new request for the
purposes of this chapter and Idaho Code Sections 9-337 through 9-347.
1-14-12: RETENTION OF TEMPORARY RECORDS. Temporary records which are
not routinely subject to audit, or duplicate copies of any public records, may be destroyed by the
custodian thereof, without further resolution of the City Council and without passage of a
resolution listing, in detail, the records to be destroyed. Any temporary record which is not subject
to routine audit and which in the discretion of the custodian thereof has no continuing legal or
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historical significance and for which no significant public purpose would be served by retaining
the same may be destroyed in the ordinary course of business without resolution of the Council or
supervision of the City Clerk. All other permanent, semi-permanent and temporary records shall
be kept and retained for the periods required under Idaho Code Section 59-907.
1-14-13: DESTRUCTION OR ALTERATION OF RECORDS. Any person who alters,
destroys, falsifies or who without authority removes or attempts to remove any public records from
the office of the custodian or who deliberately disarranges or destroys the classification, retention
or retrieval system therefor, is guilty of a misdemeanor. Such person may also be denied any
further right of access to such records.