Chapter 11
PUBLIC RECORDSlinklink

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1-11-1: PURPOSE AND ADOPTION OF UTAH CODE ANNOTATED SECTIONS:
1-11-2: FEES:
1-11-3: REQUESTING A RECORD:
1-11-4: ACCESS TO, CLASSIFICATION OF AND INFORMATION ON CITY RECORDS:
1-11-5: APPEALS:
1-11-6: RETENTION SCHEDULE:

1-11-1: PURPOSE AND ADOPTION OF UTAH CODE ANNOTATED SECTIONS:linklink


In amending this chapter, it is the purpose and intent of the city council to adopt an ordinance acknowledging and complying with the government records access and management act as contained in chapter 2 of title 63G of the Utah Code Annotated 1953, as amended (hereinafter referred to as the act), and specifically to conform with the act which provides that the city may adopt an ordinance or a policy relating to information practices of the city and its agencies including classification, designation, scheduling, access, denials, segregation, appeals, management, retention and amendment of records.

The Riverdale City council hereby adopts and incorporates by reference the following provisions of the act as part of this chapter as though fully set forth herein:

Utah Code Annotated sections 63G-2-101 through 107; 63G-2-201; 63G-2-202; 63G-2-205; 63G-2-206; 63G-2-207; 63G-2-301 through 309; 63G-2-402 through 405; 63G-2-601 through 603; 63G-2-801; 63G-2-803; 63G-2-804, all of which are contained in that certain document, a copy of which is on file in the office of the city recorder, being marked and designated as Utah Code Annotated, are hereby adopted as part of the public records ordinance of the city and are made part of this chapter as if fully set forth herein. Records listed and designated as private, controlled, or protected in the act, that may be included under each of the respective sections if "properly classified by the entity" are hereby recognized and adopted by Riverdale City as being included and classified under each designated section of the act, as well as with other additions that may be made separately under this chapter. The numerical designations of the above referenced Utah Code Annotated sections shall be as specified above with the addition of the numbers "1-11" in front. (Ord. 781, 2-15-2011)
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1-11-2: FEES:linklink


A. Specified: There is no charge for viewing or inspecting public records. A city employee shall make all requested copies for the individual for a fee as provided in the consolidated fee schedule set forth in section 1-12-1 of this title. Requests for city employee assistance shall be subject to the employee's normal work schedule and may include additional charges.


B. Removal From Public Facility Prohibited: Under no circumstances shall public records be allowed to be taken from any public facility. The city employee who is locating documents for a citizen shall make every effort to ensure that no documents are lost, destroyed or taken from the city offices by the citizen inspecting the public records. In this regard, all briefcases, purses, bags, sacks or other personal items belonging to the citizen shall be checked with a city employee and left outside of the room where the documents are being examined or copied. (Ord. 781, 2-15-2011)

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1-11-3: REQUESTING A RECORD:linklink


A. Required: A person making a request for a record shall complete a records request form provided from the city or in accordance with city requirements which shall include a minimum of his or her name, mailing address, daytime telephone number, if available, a description of the record(s) requested that identifies the record with reasonable specificity and the basis establishing that the person requesting the record is legally entitled to receive or review the record. A lawfully recognized personal identification form or card, with an included picture, must also be presented in conjunction with the records request. Failure to provide this information will result in an automatic record denial. All record requests presented to the city will be reviewed by the city attorney for legal compliance prior to release.


B. Response; Time Limit: As soon as reasonably possible, but no later than ten (10) business days after receiving a written request, or five (5) business days after receiving a written request, if the requester demonstrates that expedited response to the record request benefits the public rather than the person, the city employee shall respond to the request by:

1. Approving the request and providing the record; or

2. Denying the request; or

3. Notifying the requester that, because of extraordinary circumstances, the city will need to delay approval or denial. (Ord. 781, 2-15-2011)

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1-11-4: ACCESS TO, CLASSIFICATION OF AND INFORMATION ON CITY RECORDS:linklink

The city may classify a particular record, record series or information within a record at any time, and is not required to classify a particular record, record series or information until access to the record is requested. The city may redesignate or reclassify records at any time. Any record or record series generated in the future shall also be so designated, classified and scheduled for retention. Records classification, designation and scheduling for retention shall be conducted under the supervision of the city recorder. If more than one provision of the act and this chapter could govern the classification of a record, the city shall classify the record by considering the nature of the interests intended to be protected and the specificity of the competing provisions. No provision of this chapter shall require the city to classify a record or record series as private, controlled or protected.


A. Right To Inspect: Persons shall have the right to inspect, review, examine and take copies of city records designated as "public" under the act or this chapter, upon compliance with the procedures provided in this chapter.


B. No Obligation To Create New Record: The city has no obligation to create a new record or record series in response to a request from a member of the public, if the record requested is not otherwise regularly maintained or kept.


C. Public Records: All city records are considered public unless they are designated or classified otherwise in accordance with procedures established by this chapter consistent with the act, or made nonpublic by other applicable law, including records for which access is governed or restricted as a condition of participation in a state or federal program or for receiving state or federal funds. Public records include those records listed in section 301 of the act and shall be made available to any person.


D. Private Records:

1. "Private" records shall include the following:

a. City records defined as "private" in the act listed in Utah Code Annotated sections 63G-2-302(1), (2) and (3);

b. City records classified or designated as private in accordance with this chapter;

c. As provided in section 63G-2-302 of the act, private records include records containing data on individuals, the disclosure of which constitutes a clearly unwarranted invasion of personal privacy.

d. Private records include, but are not limited to, medical history, records, reports, statements, history, diagnosis, conditions, treatment, evaluation or similar medical data of an individual.

2. Private records shall be made available to the following persons:

a. The subject of the record;

b. The parent or legal guardian of an unemancipated minor who is the subject of a record;

c. The legal guardian of a legally incapacitated individual who is the subject of the record; or

d. Any insurance provider, agent or other person who has a power of attorney or notarized release, dated not more than ninety (90) days prior to the request, from the subject of the record or the subject's legal representative; or

e. Any person presenting an order issued by a court of competent jurisdiction.


E. Controlled Records:

1. "Controlled" records shall be those city records defined as "controlled" in section 63G-2-304 of the act or as classified or designated as "controlled" pursuant to this chapter.

2. Controlled records shall be made available to a physician, psychologist, certified social worker, government public health agency, who submits a notarized release from the subject of the record, dated not more than ninety (90) days prior to the request, from the subject of the record or any person presenting an order issued by a court of competent jurisdiction.

3. The city may deny release of any controlled record to anyone if it reasonably believes releasing the information would be detrimental to the subject's mental health, the safety of any individual or if it would constitute a violation of normal professional practice and medical ethics.


F. Protected Records:

1. Protected records shall be:

a. City records defined as "protected" in section 63G-2-305 of the act;

b. City records designated or classified as "protected" according to this chapter;

c. "Drafts", as provided in section 63G-2-305(22) of the act, which may include records of the mayor's office or the city council relating to budget analysis and fiscal notes of proposed budgets before issuance of their final recommendations;

d. As provided in section 63G-2-305(9) of the act, records which, if released, could reasonably be expected to interfere with investigations undertaken for discipline purposes including city records pertaining to internal investigation of city employees such as investigations by the internal affairs division of the city's police department;

e. As provided in section 63G-2-305(9) of the act, records created or maintained for discipline purposes against city employees unless:

(1) All available remedies have been exhausted by the employee, including the internal grievance procedures and proceedings before administrative agencies,

(2) All time periods for appeal have expired, and

(3) The disciplinary action was sustained.

2. Notwithstanding subsections F1e(1), F1e(2) and F1e(3) of this section, a record or parts of a record maintained for discipline purposes shall not be disclosed if the release of the record or part of the record:

a. Reasonably could be expected to interfere with investigations undertaken for discipline or enforcement purposes,

b. Reasonably could be expected to disclose the identity of a source who is not generally known outside of government or disclose information furnished by a source not generally known outside of government if disclosure would compromise the source,

c. Reasonably could be expected to disclose investigative techniques, procedures, policies or orders not generally known outside of government if disclosure would interfere with enforcement or audit efforts, or

d. Reasonably could be expected to jeopardize the life or safety of an individual.

3. Notwithstanding anything in this chapter to the contrary, initial contact reports concerning ongoing civil or criminal law enforcement investigations shall not be disclosed while the investigation continues, if disclosure would impair or jeopardize the success of the investigation or could deprive a person of a right to a fair trial or impartial hearing.

4. Protected records shall be made available to:

a. The person who submitted the information in the record;

b. A person who has a power of attorney or notarized release, dated not more than ninety (90) days prior to the request, from all persons or entities whose interests were sought to be protected by the protected classification or their legal representative; or

c. Any person presenting an order issued by a court of competent jurisdiction.

d. The city otherwise may at its discretion disclose records that are private only to the extent that the act authorizes such disclosure.


G. Segregation Of Records:

1. Record Containing Entitled And Unentitled Information: Notwithstanding any other provision in this chapter, if the city receives a request for access to a record that contains both information that the requester is entitled to inspect and information that the requester is not entitled to inspect in this chapter, and, if the information the requester is entitled to inspect is intelligible, the city:

a. Shall allow access to information in the record that the requester is entitled to inspect under this chapter; and

b. May deny access to information in the record if the information is exempt from disclosure to the requester, issuing a notice of denial as provided in this chapter.

2. Multiple Subjects: If there is more than one subject of a private, controlled, protected or nonpublic record, the portion of the record that pertains to another subject shall be segregated from the portion that the requester is entitled to inspect.


H. Limited Records: Limited records shall be those records whose access is limited by a specific state or federal statute, federal regulations or court rule. Limited records shall be made available as provided in the specific statute, regulation and rule which protect the record.


I. Sharing Records: The city may disclose a record classified as "private", "controlled" or "protected" to another governmental entity if the other governmental entity complies with section 63G-2-206 of the act. The city may provide a private, protected or controlled record to another governmental entity if the record is necessary to the performance of the governmental entity's duties and functions; the record will be used for a purpose similar to the purpose for which the information in the record was collected or obtained; and the use of the record produces a public benefit that outweighs the individual privacy right that protects the record.


J. Privacy Interest In A City Record:

1. The city recognizes and upholds the personal right of privacy retained by persons who may be the subject of government records. The city also recognizes that the act establishes a presumption that governmental records will generally be considered open and public with certain exceptions. The city may, at its discretion, disclose records that are "private" or "protected" as defined in the act and this chapter to persons other than those specified herein, if the mayor or the city council determines that there is no interest in restricting access to the record, or that the interest favoring access outweighs the interest favoring restriction of access. Public access is favored when countervailing interests are of equal weight. The city shall not release any record when to do so would constitute a clearly unwarranted invasion of privacy in accordance with the act and procedures established in this chapter. Under circumstances and procedures established by this chapter, certain data in a record may be rendered nonpublic, although the record itself may be classified or designated as "public".


K. Business Confidentiality Claims:

1. Any person who provides to the city a record that the person believes should be protected under Utah Code Annotated section 63G-2-305(1) or (2) shall provide with the record a written claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality.

2. The claimant shall be notified by the city if a record subject to a claim under subsection K1 of this section is classified public or if the city determines that the record should be otherwise released.

3. Except as otherwise provided by court order or applicable law, the city may not disclose records claimed to be protected under subsection K1 of this section until the period in which to bring an appeal expires or the end of the appeals process, including judicial appeal unless the claimant, after notice, has waived the claim by not appealing or intervening before the appeals body.


L. Record Amendments: Government records held by the city may be amended or corrected as needed. An individual may contest the accuracy or completeness of any public, or private, or protected record concerning him or her by submitting a written request to the city to amend the record. However, this section does not affect the right of access to private or protected records. The request shall contain the requester's name, mailing address and daytime telephone number and a detailed statement explaining why the city should amend the record. The city shall issue a decision either approving or denying the request to amend no later than sixty (60) days after receipt of the request. The city shall inform the requester in writing of its decision. The requester may appeal the denial of the request to amend a record pursuant to the provisions contained herein regarding appeals. This section does not apply to records relating to title to real or personal property, medical records, judicial case files, or any other records that the city determines must be maintained in their original form to protect the public interest and to preserve the integrity of the record system. (Ord. 781, 2-15-2011)

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1-11-5: APPEALS:linklink


A. Authority; Time Limit: Any person aggrieved by the city's access determination, claim of extraordinary circumstances or specified time for providing records under this chapter, including a person not a party to the city's proceeding, may appeal the determination within thirty (30) days to the mayor by filing a notice of appeal.


B. Information Required In Notice: The notice of appeal shall contain the following information:

1. The petitioner's name, mailing address and daytime telephone number; and

2. The relief sought.


C. Statement Of Facts: The petitioner may file a short statement of facts, reasons and legal authority in support of the appeal.


D. Business Confidentiality Claims: If the appeal involves a record that is the subject of a business confidentiality claim, the mayor shall:

1. Send notice of the requester's appeal to the business confidentiality claimant within three (3) business days after receiving notice, except that it shall be given as soon as reasonably possible; and

2. Send notice of the business confidentiality claim and schedule for the recorder's determination to the requester within three (3) business days after receiving notice of the requester's appeal. The claimant shall have seven (7) business days after notice is sent by the recorder to submit further support for the claim of business confidentiality.


E. Determination; Time Limit: The mayor shall make a determination on the appeal within the following period of time:

1. Within five (5) business days after the mayor's receipt of the notice of appeal; or

2. In the case of a business confidentiality claim, within twelve (12) business days after the city sends the requester's notice of appeal to the business confidentiality claimant.


F. Failure To Make Determination: If the mayor fails to make a determination within the time specified in subsection E of this section, the failure shall be considered the equivalent of an order denying the appeal.


G. Extension Of Time: The provisions of this section notwithstanding, the parties participating in the proceedings may, by agreement, extend the time periods specified in this section.


H. Release Of Private, Protected Records: The mayor may, upon consideration and weighing of the various interests and public policies pertinent to the classification and disclosure or nondisclosure, order the disclosure of information properly classified as private under Utah Code Annotated section 63G-2-302 or this code, or protected under Utah Code Annotated section 63G-2-304 or this code, if the interests favoring access outweigh the interests favoring restriction of access.


I. Notice Of Determination; Notice Of Appeal Rights: The city shall send written notice of the determination of the mayor to all participants. If the mayor affirms the denial in whole or in part, the denial shall include a statement that the requester has the right to appeal the denial to either the city council or district court and the time limits for filing an appeal. The appellant shall follow the procedure set forth in Utah Code Annotated section 63G-2-403.


J. Appeal: A person aggrieved by the city's classification or designation determination under this chapter, but who is not requesting access to the records, may appeal that determination using the procedures provided in this section. If a nonrequester is the only appellant, the procedures provided in this section shall apply, except that the determination on the appeal shall be made within thirty (30) days after receiving notice of appeal.


K. Delegation Of Duties: The duties of the mayor under this section may be delegated. (Ord. 781, 2-15-2011)

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1-11-6: RETENTION SCHEDULE:linklink

The Utah municipal general records retention schedule, 1998, a copy of which is on file in the office of the city recorder, is hereby adopted as the city's records retention schedule and made part of this chapter as if fully set out herein. (Ord. 781, 2-15-2011)
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