A. When a person(s) presents a record(s) to the city that he/she believes should be protected, a business confidentiality claim form is to be completed. The department director and legal department will review each record and claim, and notify the person(s) of the classification given to the record(s). This will be accomplished by completing the administrative review and determination section of the form.
B. If the record is originally classified as public and is later reclassified as private, the provider of the record shall also be notified. The notification is to be given by completing the notice of reclassification section of the form.
C. If the record(s) is classified private or protected as requested and the department director and legal department determine there is no interest in restricting access to the record(s), or that the interests favoring access outweigh the interest favoring restriction of access, the record may be disclosed under the provisions of subsection 63-2-302(2) of GRAMA for private records and under the provisions of subsection 63-2-304 of GRAMA for protected records. Refer also to the provisions of section 4-5-15 of the Ogden municipal code.
D. The requestor may appeal any decision to classify a record as public. The same appeal procedure is to be followed as for other appeals to the records review board (see policy regarding appeals). The subject record may not be disclosed until the thirty (30) day period in which to file an appeal expires, or until the end of the appeals process if an appeal is filed, including a judicial appeal, unless the claimant, after notice, has waived the claim by not appealing or intervening before the appeals body.
E. A copy of the business confidentiality form is to be filed with the record, where it will remain at all times and will be given the same retention schedule as the record. A copy of the form will be returned to the requestor after the administrative determination is made. A third copy will be forwarded to the city recorder as notification of a potential hearing.
F. The city recorder will maintain the duplicate copy for thirty (30) days and then destroy it. (Eff. 3-14-2007)