(A) Persons aggrieved by the county’s classification of a record or by an agency’s response to a record request may request and be granted an initial administrative appeal of that grievance, in accordance with county policies. An initial administrative appeal may be made, at the requester’s option, to a hearing board convened pursuant to such policies.
(B) A written notice of appeal shall be filed with the director of the involved agency, who shall immediately notify the County Clerk. The County Clerk shall institute the initial convening of the appeals hearing within ten business days after the date the written notice of appeal is received.
(C) The County Clerk shall send a written notice by certified mail of the date and location of the hearing to the requester, and notice to members of the Board of County Commissioners and the director of the involved agency. The hearing shall be conducted in accordance with policies adopted by the County Commission and with the state’s Open Meetings Act.
(D) Failure of the Board of County Commissioners to issue a written decision within five days after conclusion of the hearing grants to the requester the right to carry the appeal to the District Court.
(E) The appeal of a decision of the Board of County Commissioners may be made to the District Court, in accordance with the Act and the state’s Rules of Civil Procedure.
(F) The appellant shall set forth in writing the nature and date of the request, attaching a copy of the request for, if available, and setting out the basis and legal authority for the request.
(G) The decisions of the Board of County Commissioners regarding access to or classification of records shall be forwarded to the County Records Officer for corrective action including any reclassification or designation of data or records which may be necessitated by the appellate decision.
(Ord. 1995-1, passed 1-9-1995)