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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)
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)
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)
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)
A. Chief Administrative Officer: Persons aggrieved by the city's classification or designation of a record, or of an access decision or by a response to a record request may appeal the determination to the Chief Administrative Officer.
B. Written Appeal To Chief Administrative Officer; Content: The appellant shall set forth in writing the date of the request, attaching a copy of the request and denial form, if available, mailing address, daytime phone number and the relief sought. A short statement of facts, reasons, and legal authority in support of the appeal may be included.
C. Time Limitation; Filing: An appeal under this Section shall be brought within thirty (30) calendar days of the date of the action aggrieved, or of the date when the person appealing reasonably should have become aware of the action. All appeals shall be filed in the city recorder's office.
D. Authority Of Chief Administrative Officer: The Chief Administrative Officer 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 or protected if the interests favoring access are greater than or equal to the interests favoring restriction of access. If the Chief Administrative Officer fails to make a decision on an appeal within the time specified in Subsection E the failure is the equivalent of a decision affirming the access denial.
E. Determination: The Chief Administrative Officer shall make a determination of any appeal within ten (10) business days after the chief Administrative Officer's receipt of the notice of appeal and the city shall send written notice of the decision.
F. Records Review Board: Persons aggrieved by the determination of the Chief Administrative Officer may appeal the determination to the records review board.
G. Written Appeal To The Records Review Board; Content: The appellant shall set forth in writing the date of the request, attaching a copy of the request and denial for, if available, mailing address, daytime phone number and the relief sought. A short statement of facts, reasons, and legal authority in support of the appeal may be included.
H. Hearing Scheduled: No later than ten (10) business days after receiving a notice of appeal, the city recorder shall schedule a hearing before the records review board which shall be held no sooner than fifteen (15) calendar days and no later than thirty (30) calendar days from the date of the filing of the appeal, unless agreed to by the parties.
I. Testimony; Comments: At the hearing, the records review board shall allow the parties to testify, present evidence and comment on the issues. The records review board may allow other interested persons to comment on the issues.
J. Authority Of Board: The records review board 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 or protected if the interests favoring access are greater than or equal to the interests favoring restriction of access. In making such disclosure the records review board may limit the requester's use and further disclosure of a record as provided in section 63G-2-403(11)(c), or successor, of the act.
K. Determination; Court Order: The records review board shall make a determination on any appeal within ten (10) business days after the hearing. The records review board shall issue a signed order either granting the petition, in whole or in part, or upholding the initial determination of the city. The order of the records review board shall include:
1. A statement of reasons for the decision;
2. A description of the record or portions of the record to which access was ordered or denied; provided, that the description does not disclose private, controlled or protected information;
3. A statement that any party to the appeal may appeal the decision of the records review board to the state records committee or district court within thirty (30) days after the date of the order;
4. A brief summary of the appeal and a notice that, in order to protect its right on appeal, the party may wish to seek advice from an attorney.
L. Appeal To State Records Committee Or District Court: Appeal of any final decision may be made to the state records committee or district court, in accordance with the act and the Utah rules of civil procedure.
(1979 Code § 3.28.260; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007; Ord. 2019-16, 5-7-2019)
A description of the record or portions of the record to which access was ordered or denied; provided, that the description does not disclose private, controlled or protected information;
3. A statement that any party to the appeal may appeal the decision of the records review board to district court within thirty (30) days after the date of the order;
4. A brief summary of the appeal and a notice that, in order to protect its right on appeal, the party may wish to seek advice from an attorney.
H. Appeal To District Court: Appeal of any final decision may be made to the district court, in accordance with the act and the Utah rules of civil procedure.
(1979 Code § 3.28.260; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)