(A) Records requests shall be submitted in writing to the City Clerk.
(B) Each record request shall detail the specific record requested, and shall provide a name, address, telephone number and other information necessary to fulfill the request.
(C) The City Clerk shall determine if the request is for a routine or non-routine public record. Routine records are those records which are routinely prepared for the public and made available on a regular basis, including, but not limited to: documents which are prepared for promotional or advisory reasons or are prepared for general distribution (i.e., ordinances, resolutions, minutes, agendas, brochures, pamphlets and applications). Non-routine records are those records which are not generally prepared for mass distribution, but may be a part of a regular business transaction within a city department.
(D) Non-routine records requests will be forwarded to the individual department and may be forwarded to the City Attorney for review prior to release of the records.
(E) Any record request which may result in the disclosure of information which is not public information will be reviewed by the City Attorney before dissemination, and privacy information and information which is not public information will be redacted before release. Information which is not “public” includes, but is not limited to: confidential business or trade secrets; copyrighted material; proprietary financial information; and information which is not considered public under applicable law.
(F) The response to a request for records will be sent within a reasonable amount of time, based on the nature of the request. This includes a notification regarding the lack of a specified record, a request for more information to process the request, a denial or notification regarding a delay in processing the request.
(G) Electronic record requests will be handled on a case-by-case basis. Certain restrictions on dissemination of electronic records may require negotiation of a Digital File Use Agreement to comply with disclosure of proprietary public information.
(H) No new document or record will be created to respond to a records request. Applicable records may be made available for an individual requester to compile their own data, subject to law, including the legal restrictions regarding creation of mailing lists from public records. See Title 2, Ch. 6, Part 10 Montana Code.
(I) Computer or electronic records will be made available pursuant to Title 2, Ch. 6, Part 10 Montana Code. The City shall notify the requester of the hourly rate to be charged per the fee schedule before proceeding with processing the request, allowing the requester the right to cancel the request.
(J) This section does not supersede any rules of evidence or rules governing the production of information or documentation in the course of litigation.
(Res. 566, passed 3-3-2014)