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Public records may be inspected at the City office where the records are kept during the regular office hours of that particular office. All City officers and employees shall, consistent with the orderly conduct of City business, make a good faith and diligent effort to respond to requests for inspection of records made pursuant to this Code. If one or more requests by a single requestor, or agent of a requestor, within a calendar month are anticipated to require more than four (4) person-hours to complete, the City may require the requestor to pay costs for the period in excess of four hours. The costs may not exceed the unit cost of salary and benefits for employees who are involved in the search.
(Am. Ord. 2004-04, passed 3-9-04)
(A) The City Clerk shall give, on request and payment of costs, a certified copy of any public record required to be disclosed under this Code.
(B) The City Clerk shall provide copies of records only upon request of the requestor, and at the requestor's expense.
(C) The charge for copies (whether certified or not) may not exceed the cost to the City, which cost may include photocopy, clerical, and other costs directly related to the provision of the copies. Payment for copies must be received before making the copies.
(Am. Ord. 2004-04, passed 3-9-04)
Nothing in this Code shall require the City to create documents, compile, summarize, outline, or in other ways create information from existing public documents. In those instances where the City official, who is the custodian of the document, determines that the City has the requisite resources to compile or create documents to comply with a request for information, the City may charge the requestor with the costs of such compilation or summary, which costs shall include the salary and benefits and overhead charges for the City employees who accomplished the work.
(Am. Ord. 2004-04, passed 3-9-04)
This Chapter shall not be construed to require disclosure of the following records:
(A) Personnel, payroll, or medical files which reveal the financial or medical status of any specific individual, the release of which would constitute an unwarranted invasion of privacy;
(B) Records of vital statistics and adoption proceedings;
(C) Records pertaining to juveniles;
(D) Medical and related public health records;
(E) Records required to be kept confidential by federal law or regulation or by state law;
(F) Records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information (a) could reasonably be expected to interfere with enforcement proceedings, (b) would deprive a person of a right to a fair trial or an impartial adjudication, (c) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness, (d) could reasonably be expected to disclose the identity of a confidential source, (e) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions, (f) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law, or (g) could reasonably be expected to endanger the life or physical safety of an individual;
(G) Records held by the City pertaining to any client, customer, or subscriber, the release of which would constitute an unwarranted invasion of privacy of that person or entity;
(H) Records of engineering, marketing, accounting, or other technical or financial data, which, if released, would provide a competitive advantage to any other persons or business engaged in similar or related activities;
(I) Proprietary information which a manufacturer, consultant, or provider reasonably expects to be kept privileged or confidential to protect the property interests of persons providing the information or data;
(J) Communications between any agency and the City Attorney which contain legal questions concerning potential, pending, or actual litigation, however this subsection does not protect from disclosure documents which were public records prior to the commencement of the litigation, and public records which are otherwise subject to disclosure may not be protected from disclosure by mere submission to the City Attorney. Any documents marked “Confidential” which are submitted to the agency by the City Attorney shall be produced only if the City Attorney so authorizes;
(K) Communications between the City and any insurance carrier discussing potential, threatened, or pending claims against the City;
(L) The names of persons who have reported violations of the City's building, zoning, environmental health, tax, or other ordinances to the City. The substance of zoning complaints shall be public information, but the names of reporters shall be disclosed only if necessary to the fair and just disposition of the complaint in an enforcement proceeding;
(M) Information which municipal governments engaged in collective bargaining regularly consider to be privileged or confidential for the purpose of successful collective bargaining; and
(N) City personnel records to the extent that the release of such records would constitute an unwarranted invasion of privacy of the person.
(Am. Ord. 2004-04, passed 3-9-04)
In the event an individual requests information from the City and is refused, the City official or employee denying the request shall provide to the individual making the request a written notice of the denial along with notice that they have five (5) working days to appeal the decision to the City Manager. The City Manager shall issue a decision on the appeal in writing within ten (10) days of the date the appeal is received. If the City Manager denies the appeal, the City Manager shall provide to the individual making the request a written notice of the denial along with notice that the individual has five (5) working days to appeal the decision to the City Council by filing a written notice of appeal with the City Clerk. The City Council will hear the appeal at a regularly scheduled meeting held within thirty (30) days of receipt of a timely filed notice of appeal by the individual making the request. The decision of the City Council may be appealed to the superior court.
(Am. Ord. 2004-04, passed 3-9-04)