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CHAPTER 5
RECORDS ACCESS AND MANAGEMENT
SECTION:
4-5-1: Purpose
4-5-2: Fees
4-5-3: Records Management
4-5-4: City Records Review Board
4-5-5: Appeal
4-5-1: PURPOSE:
   A.   It is the purpose of this chapter to provide, consistent with applicable state and federal law, guidelines and procedures relating to records practices of Ogden City.
   B.   The provisions of the Utah Government Records Access and Management Act (hereinafter referred to as "the act"), Utah Code Section 63G, Chapter 2 et seq., or its successor provisions shall directly govern.
   C.   Intent: It is the intent of the city:
      1.   That all records of the city, which are defined by the act as public records, shall be made available to citizens within a reasonable time after request and at a reasonable cost as set forth in this chapter;
      2.   To establish and maintain an active, continuing program for the economical and efficient management of the city's records;
      3.   To favor public access when, in the application of this chapter, countervailing interests are of equal weight.
(1979 Code § 3.28.010; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007; Ord. 2019-16, 5-7-2019)
4-5-2: FEES:
   A.   Authority: The city recorder and departments releasing copies of public records in accordance with this chapter, shall charge a reasonable fee to cover the city's actual cost of duplicating a record, compiling a record in a form other than that maintained by the city, postage, the cost of providing a certified copy of a record, or any other fee reasonably related to the city's cost of fulfilling the request for the record consistent with this chapter and the act.
   B.   Standard Fees: Standard fees to be charged under this section shall be adopted pursuant to chapter 6 of this title, or any successor provision.
(1979 Code § 3.28.080; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007; Ord. 2019-16, 5-7-2019)
4-5-3: RECORDS MANAGEMENT:
   A.   Duty Of City Recorder: The city recorder shall oversee and coordinate records access and management for the city. Each department director or the head of any city office shall appoint a records officer to assist with and be directly responsible for the implementation of this chapter within their respective department or office.
   B.   Records Committee Created: There is hereby created the city records committee, hereinafter referred to as the "committee", to be chaired by the city recorder. Members of the committee shall include the records officer of each city department or office, a representative from the mayor's office and the staff of the city council. The records committee shall meet periodically as needed, as determined by the city recorder. The city attorney shall provide assistance to the committee as needed. The minutes and other records of the records committee shall be maintained and staff provided by the city recorder's office.
   C.   Records Retention, Classification, Access: The records committee shall:
      1.   Develop standards for the management and retention of the records of the city;
      2.   Develop policies and procedures for the classification and designation of the records of the city as public, private, controlled or protected in accordance with this chapter and the act;
      3.   Develop access policies and procedures to govern and implement the provisions of the act and this chapter; and
      4.   Approve classifications or designations applied to record series maintained by the city and provide a statement explaining the purposes for which a record series designated private or controlled are collected and used by the city.
   D.   Maintenance Procedures: Records maintenance procedures shall be developed to ensure that due care is taken to maintain and preserve city records safely and accurately over the long term. The committee shall be responsible for monitoring the application and use of technical processes in the creation, duplication and disposal of city records. They shall monitor compliance with required standards of quality, permanence and admissibility pertaining to the creation, use and maintenance of records. Policies and regulations regarding types and formats of papers, inks, electronic media and other records and information storage media, materials, equipment, procedures and techniques shall be developed.
   E.   General Policy For Retention: It is the general policy of the city to follow the model retention schedule prepared by the Utah department of administrative services and approved by the state records committee or its successor. If it is determined that there is a need to retain records of the city beyond the minimum length of time recommended by the state or, if the record in question is not addressed in the above retention schedule, the mayor, upon the recommendation of the records committee, may approve longer or additional retention schedules.
(1979 Code § 3.28.180; Ord. 92-40, 8-4-1992; amd. Ord. 93-55, 10-12-1993; Ord. 2007-55, 7-17-2007; Ord. 2019-16, 5-7-2019)
4-5-4: CITY RECORDS REVIEW BOARD:
   A.   Established: The records review board shall consist of three (3) individuals appointed by the mayor, with the advice and consent of the city council as outlined in the act.
   B.   Terms: The initial board members shall be appointed to staggered terms so that one is appointed to a one year term, one is appointed to a two (2) year term and one is appointed to a three (3) year term. The successors of the initial board shall be appointed for a term of three (3) years, except when a vacancy occurs in the membership for any reason, the replacement shall be appointed for the remaining unexpired term. Members of the board may be removed by the mayor for cause. Board members serve until replaced.
   C.   Chairperson; Rules And Procedures: The board shall elect a chairperson who shall preside at all hearings conducted by the board. The board may adopt reasonable rules and procedures for the conduct of appeals heard before the board.
(1979 Code § 3.28.270; Ord. 92-40, 8-4-1992; amd. 1999 Code; Ord. 2007-55, 7-17-2007; Ord. 2019-16, 5-7-2019)
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