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)