Chapter 5
RECORDS ACCESS AND MANAGEMENTlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29211
4-5-1: PURPOSE:
4-5-2: DEFINITIONS:
4-5-3: PUBLIC RECORDS; RIGHT TO INSPECT AND RECEIVE COPIES:
4-5-4: CONFIDENTIALITY AGREEMENTS:
4-5-5: SUBPOENAS; DISCOVERY REQUESTS:
4-5-6: ACCESS REQUESTS:
4-5-7: RESPONSE TO REQUEST:
4-5-8: FEES:
4-5-9: CLASSIFICATION OF RECORDS:
4-5-10: PRIVATE RECORDS:
4-5-11: CONTROLLED RECORDS:
4-5-12: PROTECTED RECORDS:
4-5-13: ADDITIONAL PERMITTED DISCLOSURE OF SPECIFIC RECORDS:
4-5-14: SEGREGATION OF RECORDS:
4-5-15: BUSINESS CONFIDENTIALITY CLAIMS:
4-5-16: RECORDS MANAGEMENT:
4-5-17: DISPOSAL OF RECORDS:
4-5-18: OWNERSHIP, POSSESSION AND TRANSFER; REPLEVIN:
4-5-19: RECORDS FORMAT; RIGHT OF ACCESS:
4-5-20: INTELLECTUAL PROPERTY:
4-5-21: DATA MAINTAINED ON INDIVIDUALS; RIGHTS:
4-5-22: AMENDMENTS AND CHANGES TO RECORDS:
4-5-23: DENIALS:
4-5-24: CITY RECORDS REVIEW BOARD:
4-5-25: APPEAL:
4-5-26: CONFIDENTIAL TREATMENT; NO APPLICABLE EXEMPTION:
4-5-27: CRIMINAL PENALTIES; LIABILITY:

4-5-1: PURPOSE:linklink


A. Establishment Of Policies, Guidelines And Procedures: It is the purpose and intent of the city council in enacting this chapter to establish policies, guidelines and procedures for retention, maintenance and access for the records of the city in accordance with the government records access and management act (hereinafter referred to as "the act"), Utah Code Annotated title 63, chapter 2. All entities of the city shall comply with the provisions of this chapter and with the act and shall also comply with other federal and state statutory and regulatory record keeping requirements.


B. Recognition Of Constitutional Rights: In enacting this chapter, the city council recognizes two (2) fundamental constitutional rights: the right of privacy in relation to personal data gathered by the city; and the public's right of access to information concerning the conduct of the public's business.


C. Restriction Of Certain Records: The city council also recognizes a public policy interest in allowing the city to restrict access to certain records, as specified in this chapter, for the public good.


D. Intent: It is the intent of the city council:

1. That all records of the city, which are defined by applicable Utah statutory and case law 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 as provided in this chapter;

3. To provide guidelines for both disclosure and restrictions on access to government records, which are based on the equitable weighing of the pertinent interests and which are consistent with nationwide standards of information practices; and

4. 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)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261915
4-5-2: DEFINITIONS:linklink

In general, the definitions used in the act may apply in the interpretation and application of this chapter, except as they may be modified herein to provide further definition and understanding in the application of this chapter. As used in this chapter, the following definitions shall be applicable:

ACT: The government records access and management act, Utah Code Annotated section 63-2-101 et seq., as amended.

AGENCY HEAD: The official responsible for the management and supervision of any office or department of the city having custody of the record requested.

COMPUTER SOFTWARE PROGRAM: The series of instructions or statements that permit the functioning of a computer system in a manner designed to provide storage, retrieval and manipulation of data from the computer system, and any associated documentation, manuals, or other source material explaining how to operate the software program. Software does not include the original data or record which is manipulated by the software.

CONTROLLED: Controlled records shall be those defined and classified as controlled under the provisions of this chapter and in accordance with the provisions of the act.

DISPOSE: To destroy or render irretrievable or illegal a record or the information contained in it by any physical, electronic, or other means, including unauthorized deletion or erasure of electronically recorded audio, visual, nonwritten formats, data processing or other records.

NONPUBLIC: Nonpublic records shall refer to those records defined and classified as private, controlled or protected under the provisions of this chapter and of the act.

PRIVATE: Private records shall refer to those records classified as private under the provisions of this chapter and of the act.

PROTECTED: Protected records shall refer to those records classified as protected under the provisions of this chapter and the act.

PUBLIC: Public records shall refer to those records which have not been classified as nonpublic in accordance with the provisions of this chapter and the act.

RECORD: A. All books, letters, documents, papers, maps, plans, photographs, films, cards, tapes, recordings or other documentary materials and electronic data regardless of physical form or characteristics, prepared, owned, used, received, or retained by the city where all the information in the original is reproducible by some mechanical, electronic, photographic, or other means.

B. Record does not mean:

1. Temporary drafts or similar materials prepared for the originator's personal use or prepared by the originator for the personal use of a person for whom he is working;

2. Materials that are legally owned by an individual in his private capacity;

3. Materials to which access is limited by the laws of copyright or patent;

4. Junk mail or commercial publications received by the city or by an officer or employee of the city;

5. Books and other materials that are catalogued, indexed, or inventoried and contained in the collections of libraries open to the public, regardless of physical form or characteristics of the material;

6. Personal notes or daily calendars prepared by any city employee for personal use or the personal use of a supervisor or such notes, calendars, or internal memoranda prepared for the use of an officer or agency acting in a quasi-judicial or deliberative process or pursuant to matters discussed in a meeting closed pursuant to Utah open meetings act; or

7. Proprietary computer software programs as defined above under the term "computer software program" that are developed or purchased by or for the city for its own use.

(1979 Code § 3.28.020; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261916
4-5-3: PUBLIC RECORDS; RIGHT TO INSPECT AND RECEIVE COPIES:linklink


A. Provisions: Every person has the right to see, review, examine and take a copy of all public records of the city during normal working hours upon payment of the lawful fee and pursuant to the provisions of this chapter. All records of the city are public unless otherwise expressly provided by the act. Public record does not include:

1. Records classified as private, controlled, or protected in accordance with the act and the policies and procedures established in this chapter; and

2. Records to which access is restricted pursuant to court rule, state statute, federal statute, or federal regulation, including records for which access is governed or restricted as a condition of participation in a state or federal program or for receiving state or federal funds.


B. No Obligation To Create Record: The city has no obligation to create a record or record series in response to a request from a member of the public, if the record requested is not otherwise regularly maintained or kept.


C. Record Holder: When a record is temporarily held by a custodial city agency, pursuant to that custodial agency's statutory or ordinance functions, such as investigation, litigation or audit, the record shall not be considered a record of the custodial agency for the purposes of this chapter. The record shall be considered a record of the agency or agencies which usually keeps or maintains that record, and any requests for access to such records shall be directed to that agency or agencies, rather than the custodial agency.


D. Accommodations For Disabled: Reasonable accommodations regarding access to city records shall be provided to persons with disabilities in accordance with city policy and applicable law.

(1979 Code § 3.28.030; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261917
4-5-4: CONFIDENTIALITY AGREEMENTS:linklink

If the city receives a request for a record that is subject to a confidentiality agreement executed before April 1, 1992, the law in effect at the time the agreement was executed, including late judicial interpretations of the law, shall govern access to the record, unless all parties to the confidentiality agreement agree in writing to be governed by the provisions of this chapter.

(1979 Code § 3.28.040; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261918
4-5-5: SUBPOENAS; DISCOVERY REQUESTS:linklink

Subpoenas and other methods of discovery under the state or federal statutes or rules of civil, criminal, administrative or legislative procedure are not written requests under this chapter. Compliance with civil, criminal, administrative and legislative discovery shall be governed by the applicable statutes and rules of procedure, not by this chapter.

(1979 Code § 3.28.050; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261919
4-5-6: ACCESS REQUESTS:linklink

All record requests shall be directed to the city recorder or individual department or office where the record is kept. Under circumstances in which the city is not able to immediately respond to a records request or if there is any question as to classification of the record, the requester shall complete and present to the city recorder a written request on forms provided by the city. The request shall include the requester's name and signature, mailing address, daytime telephone number, e-mail address if available, the date of the request and a description of the record requested that identifies the record with reasonable specificity. The city recorder shall record the date and time the written request is received, and all time frames provided under this chapter shall commence from that time and date. Requesters of nonpublic information shall adequately identify themselves and their status prior to receiving access to nonpublic records.

(1979 Code § 3.28.060; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)


http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261920
4-5-7: RESPONSE TO REQUEST:linklink


A. Options: The city may respond to a request for a record by approving the request and providing the records, denying the request or such other appropriate response as may be established by policies and procedures.


B. Time Limitations: The city recorder shall respond to a written request for a public record within ten (10) business days after receiving a written request, or five (5) business days after receiving a written request if the requester demonstrates that an expedited response to the record request benefits the public rather than the person, by:

1. Approving the request and providing the record;

2. Denying the request;

3. Notifying the requester that it does not maintain the record and providing, if known, the name and address of the governmental entity that does maintain the record; or

4. Notifying the requester that because of extraordinary circumstances it cannot immediately approve or deny the request.


C. Extraordinary Circumstances: Extraordinary circumstances shall justify the city's failure to respond to a written request for a public record within ten (10) business days and shall extend the time for response thereto to that time reasonably necessary to respond to the request, as determined by the city recorder and the city attorney. Extraordinary circumstances shall include, but not be limited to, the following:

1. The city, another agency, or some other governmental entity is currently and actively using the record requested;

2. The record requested is for either a voluminous quantity of records or requires the city to review a large number of records or perform extensive research to locate the materials requested;

3. The city is currently processing either a large number of records requests or is subject to extraordinary seasonal workloads in the processing of other work;

4. The request involves an analysis of legal issues to determine the proper responses to the request;

5. The request involves extensive editing to separate public data in a record from that which is not public; or

6. Providing the information request requires computer programming or other format manipulation.


D. Inability Within Time Limitations; Estimate: When a record request cannot be responded to within the time frames provided herein, the city recorder shall give the requester an estimate of the time required to respond to the request.


E. Right Of Appeal: The failure or inability of the city recorder to respond to a request for a record within the time frames set out herein, or the agency's denial of such a request, shall give the requester the right to appeal as provided in section 4-5-25 of this chapter.

(1979 Code § 3.28.070; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261921
4-5-8: FEES:linklink


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.


B. Exception: A record may be provided without payment of the costs of duplication, if the duplication costs will not exceed fifteen dollars ($15.00) and the city determines that:

1. The individual requesting the record is a member of the media and releasing the record primarily benefits the public rather than a person;

2. The individual requesting the record is the subject of the record or is a person authorized under subsection 4-5-10B of this chapter to have access to the subject's record; or

3. The record is to be released to another governmental entity for a public purpose.


C. Prepayment: The city may require payment of past fees and future estimated fees before beginning to process a request if fees are expected to exceed twenty five dollars ($25.00), or if the requester has not paid fees from previous requests. Any prepaid amount in excess of fees due shall be returned to the requester.


D. Standard Fees: Standard fees to be charged under this section shall be adopted pursuant to chapter 6 of this title, or any successor provision.


E. Members Of Public; Exception: Records provided by the city to members of the public for purposes of information, education or the solicitation of public opinion shall not be subject to the fees authorized in this section.

(1979 Code § 3.28.080; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261922
4-5-9: CLASSIFICATION OF RECORDS:linklink


A. Procedure: All city records and record series, of any format, shall be evaluated, designated, classified and scheduled for retention according to the provisions of this chapter. All designations of record series shall be reported to the state archives.


B. Not Required Until Access Requested: The city may classify a particular record, record series, or information within a record at any time, but is not required to classify a particular record, record series, or information until access to the record is requested. The city may redesignate a record series or reclassify a record or record series, or information within a record at any time.


C. Consideration For Classification: If more than one provision of the act and this chapter could govern the classification of a record, the city shall classify the record by considering the nature of the interests intended to be protected and the specificity of the competing provisions.


D. Private, Controlled Or Protected: No provision of this chapter shall require the city to classify a record or record series as private, controlled or protected.

(1979 Code § 3.28.090; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261923
4-5-10: PRIVATE RECORDS:linklink


A. Classified: Private records shall be those city records classified as "private", as defined in the act, Utah Code Annotated section 63-2-302, as amended, and as classified and defined in the rules and regulations established pursuant to this chapter.


B. Availability: Private records shall be made available to the following persons:

1. The subject of the record;

2. The parent or legal guardian of an unemancipated minor who is the subject of a record;

3. The legal guardian of a legally incapacitated individual who is the subject of the record;

4. Any other individual who:

a. Has a power of attorney from the subject of the record;

b. Submits a notarized release from the subject of the record or his legal representative dated no more than ninety (90) days before the date the request is made;

c. Is a healthcare provider, as defined in Utah Code Annotated subsection 26-33a-102(7), if the request is a medical record described in Utah Code Annotated subsection 63-2-302(1)(b), and if releasing the record or information in the record is consistent with normal professional practice and medical ethics;

5. Any person possessed of and serving a legislative subpoena or a court order issued by a court of competent jurisdiction.

(1979 Code § 3.28.100; Ord. 92-40, 8-4-1992; amd. 1999 Code; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261924
4-5-11: CONTROLLED RECORDS:linklink


A. Classified: Controlled records shall be those city records classified as "controlled", as defined in the act, Utah Code Annotated section 63-2-303, as amended, and as classified and defined in the rules and regulations established pursuant to this chapter.


B. Availability: Controlled records shall be made available to:

1. A physician, psychologist, certified social worker, insurance provider or agent, or a government public health agency upon submission of a release from the subject of the record that is dated no more than ninety (90) days prior to the date the request is made and a signed acknowledgment of the terms of disclosure of controlled information as provided by subsection C of this section; or

2. Any person presenting a legislative subpoena or a court order signed by a judge of competent jurisdiction.


C. Disclosure Prohibited: A person who receives a record from the city in accordance with subsection B1 of this section may not disclose controlled information from that record to any person, including the subject of the record.

(1979 Code § 3.28.110; Ord. 92-40, 8-4-1992; amd. 1999 Code; Ord. 2007-55, 7-17-2007)


http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261925
4-5-12: PROTECTED RECORDS:linklink


A. Classified: Protected records shall be those city records classified as "protected", as defined in the act, Utah Code Annotated section 63-2-304, as amended, and as classified and defined in the rules and regulations established pursuant to this chapter.


B. Availability: Protected records shall be made available to:

1. The person who submitted the record to the city;

2. A person who has power of attorney from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the classification of the record;

3. A person who submits a notarized release from all persons, governmental entities, or political subdivisions whose interests were sought to be protected by the classification of the record or from their legal representatives dated no more than ninety (90) days prior to the date the request is made; and

4. Any person presenting a legislative subpoena or a court order regarding the release of the information and signed by a judge of competent jurisdiction.

(1979 Code § 3.28.120; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261926
4-5-13: ADDITIONAL PERMITTED DISCLOSURE OF SPECIFIC RECORDS:linklink


A. Private Or Controlled Records; Research: The city may disclose or authorize disclosure of private or controlled records for research purposes in accordance with section 63-2-202(8) of the act.


B. Governmental Entities: The city may disclose a private, controlled or protected record to another governmental entity, political subdivision, another state, the United States or a foreign government only as provided by section 63-2-206 of the act.


C. Private Records; Discretion Of City: The city may at its discretion disclose records that are private under subsection 63-2-302(2) of the act or protected under the provisions of this chapter and the act, if the agency head or the agency head's designee determines that there is no interest in restricting access to the record, or that the interests favoring access outweigh the interests favoring restriction of access.

(1979 Code §§ 3.28.130, 3.28.140, 3.28.150; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261927
4-5-14: SEGREGATION OF RECORDS:linklink


A. Authority To Allow Or Deny: Notwithstanding any other provision in this chapter, if the city receives a request for access to a record that contains both information that the requester is entitled to inspect and information that the requester is not entitled to inspect under this chapter, and, if the information the requester is entitled to inspect is intelligible, the city:

1. Shall allow access to information in the record that the requester is entitled to inspect under this chapter; and

2. May deny access to information in the record if the information is exempt from disclosure to the requester, issuing a notice of denial as provided in this chapter.


B. Multiple Subjects: If there is more than one subject of a private, controlled, protected or nonpublic record, the portion of the record that pertains to another subject shall be segregated from the portion that the requester is entitled to inspect.

(1979 Code § 3.28.160; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261928
4-5-15: BUSINESS CONFIDENTIALITY CLAIMS:linklink


A. Written Claim: Any person who provides to the city a record that the person believes should be protected under subsection 63-2-304(1) or (2) of the act shall provide with the record a written claim of business confidentiality and a concise statement of reasons supporting the claim of business confidentiality.


B. Notification To Claimant: The claimant shall be notified by the city if a record subject to a claim under subsection A of this section is classified public or if the city determines that the record should be released under subsection 4-5-13C of this chapter.


C. Disclosure Restricted: Except as otherwise provided by court order, the city may not disclose records claimed to be protected under subsection A of this section until the period in which to bring an appeal expires or the end of the appeals process, including judicial appeal, unless the claimant, after notice, has waived the claim by not appealing or intervening before the appeals body.

(1979 Code § 3.28.170; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261929
4-5-16: RECORDS MANAGEMENT:linklink


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. Fees: Standard fees to be charged under this section shall be adopted pursuant to chapter 6 of this title, or any successor provision.


F. Report To State Archives: The city recorder shall provide to the state archives all retention schedules and all designations and classifications applied to record series maintained by the city, including a statement explaining the purposes for which record series designated private or controlled are collected and used by the city.


G. General Policy For Retention: It is the general policy of the city to follow the Utah municipal general records retention schedule as prepared by the Utah department of administrative services and approved by the state records committee. 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)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261930
4-5-17: DISPOSAL OF RECORDS:linklink


A. Limitations: Any city record which has been requested in accordance with this chapter and the act, that is disposable by approved retention schedule, may not be disposed of until the request is granted and fulfilled, or sixty (60) days after the request is denied if no appeals are filed, or sixty (60) days after all appeals are completed, pursuant to section 4-5-25 of this chapter.


B. Records Subject To Litigation: No city record, disposable by approved retention schedule, which is subject to pending litigation or audit shall be disposed of until the litigation or audit has been completed or resolved.

(1979 Code § 3.28.190; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261931
4-5-18: OWNERSHIP, POSSESSION AND TRANSFER; REPLEVIN:linklink


A. Property Rights: All records of the city shall remain the property of the city unless federal or state legal authority provides otherwise. Property rights to city records may not be permanently transferred from the city to any private individual or entity, including those legally disposable obsolete city records.


B. Custodians; Deliver To Successor: Custodians of any city records shall, at the expiration of their terms of office, appointment or employment, deliver custody and control of all records kept or received by them to their successors, supervisors or to the city recorder.


C. Transfer To Successor Agency: All records which are in the possession of any city agency shall, upon termination of activities of such agency, be transferred to any successor agency or to the city recorder; provided, that such transfer is consistent with the formal provisions of such termination.


D. Replevin: The city attorney or a person authorized by the city attorney or the mayor may replevin any city records that are not adequately safeguarded.

(1979 Code § 3.28.200; Ord. 92-40, 8-4-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261932
4-5-19: RECORDS FORMAT; RIGHT OF ACCESS:linklink


A. Authority: The city retains and reserves to itself the right to use any type of nonverbal or nonwritten formats for the storage, retention and retrieval of city records, including, but not limited to, audiotapes, videotapes, microforms and any type of computer, data processing, imaging or electronic information storage or processing equipment or systems, which are not prohibited by state statute.


B. Methods: Members of the public shall have the right to have access to records, in accordance with the act and this chapter, contained in nonwritten formats or data processing systems. The method of access to such public records shall be as determined appropriate by the head of the department or office maintaining the records, considering all of the circumstances. Access may include, but not be limited to, the following:

1. By using a computer terminal or other viewing or listening device to retrieve data directly from the terminal screen or device; provided, however, that due regard shall be exercised to ensure that any nonpublic records will not be accessed, retrieved or displayed on the device and that records are not erased or damaged; or

2. By providing paper or "hard" copies of record printouts or by providing magnetic tapes, disks or other means of electronic storage containing the nonwritten format or data processing system records.

(1979 Code § 3.28.210; Ord. 92-40, 8-4-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261933
4-5-20: INTELLECTUAL PROPERTY:linklink


A. Not Subject To Disclosure: Intellectual property or computer software programs are not considered a record. Such property and programs shall not be subject to disclosure under this chapter, including copyrighted software and other copyrighted materials which have been purchased by or licensed to the city, and software and other materials or property which have been copyrighted by the city.


B. No Limitation To Rights: Nothing in this chapter shall be construed to limit or impair the rights or protection granted to the city under federal copyright or patent law as a result of its ownership of an intellectual property right.

(1979 Code § 3.28.220; Ord. 92-40, 8-4-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261934
4-5-21: DATA MAINTAINED ON INDIVIDUALS; RIGHTS:linklink


A. Statement Filed With State Archivist: The city shall file with the state archivist a statement explaining the purposes for which record series designated private or controlled are collected and used by the city. That statement is a public record.


B. Explanation To Individual: Upon request, the city shall explain to an individual:

1. The reasons the individual is asked to furnish to the governmental entity information that could be classified private or controlled;

2. The intended uses of the information; and

3. The consequences for refusing to provide the information.


C. Limited Use: The city may not use private or controlled records for purposes other than those given in the statement filed with the state archivist or for purposes other than those for which another governmental entity could use the record under Utah Code Annotated section 63-2-206.


D. Disclosure: When providing private records under section 4-5-10 of this chapter, the city shall, upon request, disclose the context in which the record is used.

(1979 Code § 3.28.230; Ord. 92-40, 8-4-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261935
4-5-22: AMENDMENTS AND CHANGES TO RECORDS:linklink


A. Requests In Writing: Records of the city may be amended or corrected as needed. Requests for amendments, corrections or other changes shall be made in writing to the city recorder and setting forth, with specificity, the amendment or correction requested. When an amendment or correction of a government record is made, both the original record and the amended or corrected record shall be retained, unless provided otherwise by policies and procedures adopted under the provisions of this chapter. A refusal to amend a record may be appealed in the same manner as provided in section 4-5-25 of this chapter.


B. Exception: This section does not apply to records relating to title to real or personal property, medical records, judicial case files or any other record that the city determines must be maintained in its original form to protect the public interest and to preserve the integrity of the record system.

(1979 Code § 3.28.240; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261936
4-5-23: DENIALS:linklink


A. Notice To Requester: If the city denies a records request, in whole or in part, the city recorder shall provide a notice of denial to the requester either in person or by sending the notice to the requester's address as provided.


B. Contents Of Notice: The notice of denial shall contain the following information:

1. A description of the record or portions of the record to which access was denied; provided, that the description does not disclose private, controlled, or protected information or information exempt from disclosure under subsection 4-5-3A2 of this chapter.

2. Citations to the provisions of this chapter, court rule or order, the act, or another state statute, federal statute, or federal regulation that exempts the record or portions of the record from disclosure; provided, that the citations do not disclose private, controlled, or protected information or information exempt from disclosure under subsection 4-5-3A2 of this chapter.

3. A statement that the requester has the right to appeal the denial.

4. The time limits for filing an appeal, and the address where an appeal is filed.

(1979 Code § 3.28.250; Ord. 92-40, 8-4-1992; Ord. 2007-55, 7-17-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261937
4-5-24: CITY RECORDS REVIEW BOARD:linklink


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, at least one of which shall be a present or former employee or officer of the city, and at least one of which shall be a member of the public who is not a past or present employee or officer of the city.


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. Appointment to the board shall be limited to two (2) successive terms. 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)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261938
4-5-25: APPEAL:linklink


A. Records Review Board: 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 records review board.


B. Written Appeal; Content: The appellant shall set forth in writing the nature and date of the request, attaching a copy of the request form, if available, and setting out the basis and legal authority for the request.


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 grieving reasonably should have become aware of the action. All appeals shall be filed in the city recorder's office.


D. Hearing Scheduled: No later than three (3) 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.


E. 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.


F. 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 outweigh the interests favoring restriction of access. In making such disclosure the mayor/records review board may limit the requester's use and further disclosure of a record as provided in section 63-2-403(11)(c) of the act.


G. Determination; Court Order: The records review board shall make a determination on any appeal within five (5) 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 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)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261939
4-5-26: CONFIDENTIAL TREATMENT; NO APPLICABLE EXEMPTION:linklink

Notwithstanding the provisions regarding classifications and right of access contained in this chapter, the city reserves the right to request a court to restrict access to a record under section 63-2-405 of the act.

(1979 Code § 3.28.280; Ord. 92-40, 8-4-1992)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261940
4-5-27: CRIMINAL PENALTIES; LIABILITY:linklink


A. Unlawful Disclosure: A city employee or other person who has lawful access to any private, controlled or protected record under this chapter, and who intentionally discloses or provides a copy of a private, controlled or protected record to any person knowing that such disclosure is prohibited, is guilty of a class B misdemeanor, punishable as set forth in title 1, chapter 4 of this code. It is a defense under this subsection that:

1. The person released the information in the reasonable belief that the disclosure of the information was necessary to expose a violation of law involving government corruption, abuse of office or misappropriation of public funds or property; or

2. The record could have lawfully been released to the recipient if it had been properly classified.


B. Access By False Pretenses: A person who by false pretenses, bribery or theft gains access to or obtains a copy of any private, controlled or protected record to which he is not legally entitled is guilty of a class B misdemeanor, punishable as set forth in title 1, chapter 4 of this code. No person shall be guilty under this subsection who receives the record, information or copy after the fact and without prior knowledge of or participation in the false pretenses, bribery or theft.


C. Intentional Refusal: A city employee who intentionally refuses to release a record, the disclosure of which the employee knows is required by law or by final unappealed order of the city or a court, is guilty of a class B misdemeanor, punishable as set forth in title 1, chapter 4 of this code.


D. Limitation Of Liability: In accordance with the act, neither the city nor any of its agencies, officers or employees shall be liable for damages resulting from the release of a record where the requester presented evidence of authority to obtain the record, even if it may be subsequently determined that the requester had no such authority.

(1979 Code § 3.28.290; Ord. 92-40, 8-4-1992; amd. 1999 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=261941