OCR Text |
Show w Friday, October 30, 1992 Continued rrom Page 4B b. Under Section 16 the City Council may require the disclosure of records that are private under Section 10, controlled under Section 11, or protected under Section 12 to persons other than those specified in this section. c. Under Subsection of the Utah Code the court may require the disclosure of records that are private under section 10, controlled under Section 11, or protected under Section 13 to persons other than those specified in this section. SEC 6. FEES 1. The city may charge a reasonable fee to cover the city's actual cost of duplicating a record or compiling a record in a form other than computer programming. 5. If (me of the extramdinary circumstances listed in Subsection 4. precludes approval or denial within the time specified in Subsection 2., the following time limits apply to the extraordinary circumstances: a. for claims under Subsection 4.a., the governmental entity currently in possession of the record shall return the record to the originating entity within five, business days of the request for the return unless returning the record would impair the holder's work. b. for claims under Subsection 4.b the originating city shall notify the requester when the record is available for inspection and copying; c. for claims under Subsection 7.4.- C., 7.4.d., and 7.4x., the city compiled from a transcript, minutes, or report of the open portion of a meeting of the city including the records of all votes of each member of the city council; f. judicial records unless a court orders the records to be restricted under the rules of civil or criminal procedure or unless the records are private under this ordinance; 9. records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning commissions the Division of State Lands and Forestry, the Division of Oil, Gas and Mining, the Division of water Rights; or other governmental entities that give public no- persons regulated by the city, but not including records that initiate employee discipline. 3. The list, of public records in this section is not exhaustive and should not be used to limit accesses to records. SEC. 10. PRIVATE RECORDS 1. The following records are private: a. records concerning an individual's eligibility for unemployment insurance benefits, social services, welfare benefits, or the determination of benefit levels; b. records containing fat on in- dividuals describing medical history, diagnosis, condition, treatment, evaluation, or similar medi- tice of: (i) titles or encumbrances to real property, (ii) restrictions on the use of real property; tled to inspect; (ii) provide the requester with an estimate of the amount of time it will take to finish the work required to respond to the request; and (iii) complete the work and disclose those records that requester is entitled to inspect as soon as reasonably possible; d. for delays under Subsection 7.4.- f., the city shall either approve or deny the request within five business days after the response time specified for the original request has expired; e. for delays under Subsection 7.4.9., the city shall fulfill the request within IS business days from the date of the original request; or f. for delays under Subsection 7.4.- h., the city shall complete its programming and disclose the requested records as soon as reasonably possible. 7. if the city fails to provide the requested records or issue a denial within the specified time period, that failure is considered the determination denyFOR equivalent of a ing access to the records. SEC. 7. PROCEDURES ACCESS 1. A person making a request for a record shall furnish the city with a written request containing his name, mailing address, daytime telephonenumber if available, and a description of the records requested that identifies the record with reasonable specificity. 2. As soon as reasonably possible, but no later than ten business days after receiving a written request, or five business days after receiving a written request if the requester demonstrates that expedited response to the record request benefits the public rather than the person, the city shall respond to the request by: (i) approving the request and providing the record; GO denying the request; (iii) notifying the requester that it does not maintain the record and providing, if known, the name and address of where the record can be found; or (iv) notifying the requester that because of one of the extraordinary circumstances listed in, subsection 4, it, cannot immediately approve or deny the request. The notice shall describe the circumstances relied upon and specify the earliest time and date when the records will be available. 3. Any person who requests a record to obtain information for a story or report for publication or broadcast to the general public is presumed to be acting to benefit the public rather than a person. ; 4. The following circumstances constitute "extraordinary circumstances that allow the city to delay approval or denial by an additional period of time as specified in Subsection 7.5 if the city determines that due to the extraordinary circumstances it cannot respond within the time limits provided in Subsection 12: 1 a. another governmental entity is using the record, in which case the city shall promptly request that the governmental entity currently in possession return the record; b. another governmental entity is using the record as part of an audit and returning the record before the completion of the audit would impair the conduct of the audit; c. the request is for a voluminous quantity of records; d. the city is currently processing a large number of records requests; e. die request requires the city to review a large number of records to locale die records requested; fettle decision to release a record involves legal issues that require the city to seek legal counsel for the analysis of statutes, rules, ordinances, regulations, or case law; 9. segregating information that the requester is entitled to inspect from information that the requester is not entitled to inspect requires extensive editing; or SEC. 8. DENIALS 1. If the city denies the request in whole or part, it shall provide a notice of denial to the requester either in person or by sending the notice to requester's address. 2. The notice of denial shall contain the following information: a. 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 records to which access is restricted pursuant to court rule, another state statue, federal statute, (iv) tax status for real and personal property; h. records of the Department of Commerce that evidence incorporations, mergers, name changes, and uniform commercial code filings; i. data on individuals that would otherwise be private under this ordinance if the individual who is the subject of the record has given the city written permission to make the records available to the public; j. documentation of the compensation that the city pays to a contractor or private provider, and k. summary data. 2. The following records are normally public, but to the extent that a record is expressly exempt from disclosure, access may be restricted under Subsection 4.3(b) or Sections 10, 11 or 12: a. administrative staff manuals, instructions to staff, and statements of policy; b. records documenting a contractor's or private provider's compliance with the terms of a contract with the city; c. records documenting the services provided by a contractor or a private provider to the extent the records would be public if prepared by the city; d. contracts entered into by the city; e. any account, voucher, or contract that deals with the receipt or expenditure of funds by the city; f. records relating to governmental assistance or incentives publicly disclosed, contracted for, or given by the city, encouraging a person to expand or relocate a business in Utah, except as provided in Subsection of the or federal regulation, including Utah Code. 9. chronological logs and initial records for which access is governed or restricted as a condition of contact reports; h. correspondence by and with participation in a state or federal the city in which the city deterprogram or for receiving state or mines or states an opinion upon the federal funds. b. citations to the provisions of rights of the state, a political subthis ordinance, another state statute, division, the public, or any person; L empirical data contained in federal statute, court rule or order or drafts if: federal regulation that exempt the the (i) empirical data is not rearecord or portions of the record from available to, the requester sonably disclosure, provided that the citations do not disclose private, con- elsewhere in similar form; and (ii) the city is given a reasonable trolled, or protected information; c. statement that the requester opportunity to correct any errors or has the right to appeal the denial to make nonsubstantive changes before release; the city council; and j. drafts that are circulated to d. a brief summary of the appeals other than the city, state or anyone filtime and the limits for process, to anyone other than a federal ing an appeal. 3. Unless otherwise required by a agency if the city, state or federal court or agency of competent juris- agency are jointly responsible for diction, the city may not destroy or implementation of a program or that has been legislatively give up custody of any record to project which access was denied until the approved; and k. drafts that have never been fiperiod for an appeal has expired or nalized but were relied upon by the die end of the appeals process, inin careying out action or polcity cluding judicial appeal. the record. icy; SEC. 9. RECORDS THAT MUST BE DISCLOSED 1. The following records are public. a. laws and ordinances; b. names, gender, gross compensation, job titles, job descriptions, business, addresses, business telephone numbers, number of hours worked per pay period, dates of employment, and relevant education, previous employment, and similar job qualification of the citys former and present employees and officers excluding undercover law enforcement personnel or investigative personnel if disclosure could reasonably be expected to impair the effectiveness of investigations or endanger any individual's v - r 1 t I PROTECTED RECORDS The following records are protected if properly classified by the disclose the program; m. arrest warrants after issuance, except that, for good cause, a court may order restricted access to arrest warrants prior to service; city: defined in Section of Utah Code Annotated if the person submitting the trade secret has provided the city with the information specified in section of Utah Code An1. trade secrets as 13-24- -2 a search warrants after execution and filing of the return, except that a court, for good cause, may order restricted access to search warrants academic examinations; 5. records the disclosure of which would impair governmental procurement or give an unfair advantage to any person proposing to enter into a contract or agreement with the city, except that this subsection does not restrict the right of a person to see bids submitted to or by the city after bidding has dosed; 6. records that would identify real efforts; 9. records the disclosure of which would jeopardize the life or safety of an individual; 10. records the disclosure of which would jeopardize the security of governmental property, govern- mental programs, or governmental record keeping systems from damage, theft, or other appropriation or use contrary to law or public policy; 11. records that, if disclosed, would jeopardize the security or 2. commercial information or safety of a correctional facility, or nonindividual financial obtained records relating to incarceration, from a person if: treatment, probation, or parole, that a. disclosure of the information would interfere with the control and could reasonably be expected to re- supervision of an offenders incarsult in unfair competitive injury to ceration, treatment, probation or the person submitting the informaparole; tion or would impair the ability of 12. records that if disclosed, the city to obtain necessary infor- would reveal recommendations mation in the future; made to the Board of Pardons by an b. the person submitting the in- employee of or contractor for the formation has a greater interest in Department of Corrections, the prohibiting access than the public bowd rtf Pardons, or the Department in obtaining access; and of Human Services that are based c. the person submitting the in- on the employee's or contractor's formation has provided the city supervision, diagnosis, or treatment with the information specified in of any person within the board's Section of Utah Code jurisdiction; Annotated. 13. records and audit workpapers 3. commercial or financial inthat identify audit, collection, and formation acquired or prepared by operational procedures and methods the city to the extent that a disclo- used by the Utah State Tax Comsure would lead to financial mission if disclosure would interfere with audits or collections; speculations in currencies, securi14. records of a governmental ties, or commodities that will interfere with a planned transaction audit agency relating to an ongoing 63-2-3- 08 SB or planned audit until the final audit is released; 15. records prepared by or on behalf of the city solely in anticipation of litigation that are not available under the rules of discovery; 16. records disclosing an attor- ney's work product, including the mental impressions or legal theories of an attorney or other representative of the city concerning litigation; 17. records of communications between the city and an attorney representing, retained or employed by the city if the communications would be privileged as provided in of Utah Code Ansection 78-24- -8 notated. drafts, unless otherwise classified as public; 19. records concerning the city's strategy about collective bargaining or pending litigation; 20. records of investigations of loss occurrences and analyses of 18. loss occurrences. 21. records, other than personnel evaluations, that contain a personal recommendation concerning an individual if disclosure would constitute a clearly unwarranted invasion of personal privacy, or disclosure is not in the public interest. 22. records that reveal the location of historic, prehistoric, palen-tologic- al, or biological resources that if known would jeopardize the security of those resources or of valuable historic, scientific, educational, or cultural information; 23. records of independent state agencies if the disclosure of the records would conflict with the fiduciary obligations of the agency; 24. records provided by die united States or by a government entity outside the state that are given to the city with a requirement that they be managed as protected records if the providing entity certifies that the record would not be subject to public disclosure if it; 25. transcripts, minutes, or reports of the closed portion of a meeting of a public body except as provided in Section 524--7 of the open and Public Meeting Act; 26. records that would reveal the contents of settlement negotiations but not including final settlements or empirical data to the extent that they are not otherwise exempt from disclosure; 27. memoranda prepared by staff and used in the decision-makin- g process by an administrative law judge, a member of the Board of Pardons, or a member of any other body charged by law with performing a quasijudicial function; 28. records that would reveal negotiations regarding assistance or incentives offered by or requested from the city for the purpose of encouraging a person to expand or locate a business in Utah, but only if disclosure would result in actual economic harm to the person or place the city at a competitive disadvantage, but this section may not be used to restrict access to a record evidencing a final contract; and 29. materials to which access must be limited for purposed of securing or maintaining the city's proprietary protection of intellectual property rights including patents, copyrights, and trade secrets. f SEC. 13. RECORDS CLASSIFICATION AND DESIGNATION 1. The city shall: a. evaluate all record series that it uses or creates; b. designate those record series as provided by this ordinance; c. report the designation of its record services to the state archives. 2. The City may classify a particular record, record series, or in- formation 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. 3. The city may redesignate a record series or reclassify a record or record series, or information within a record at any tune. notated. prim to trial; o. records that would disclose information relating to formal charges or disciplinary actions against a past or present city em- ployee if: (i) the disciplinary action has been completed and all time periods for administrative appeal have expired; and (ii) die formal charges were sust- 63-2-3- 08 63-46b- -3 I 12. SEC. l. original data in a computer program if the city chooses not to safety; c. final opinions, including conained; curring and dissenting opinions, and p. records maintained by the Diorders that are made by the city in vision of State Lands and Forestry an administrative, adjudicative, or or the Division of Oil, Gas and judicial proceeding except that if the Mining that evidence mineral proproceedings were properly closed to duction on government lands; q. final audit repeats; die public, the opinion and order r. the to withheld that extent occupational and professional be may tiey obtain information that is pri- licenses; s. business licenses; and vate, protected, or controlled; L a notice of violation, a notice d. final interpretation of statutes h. segregating information that or rules by the city unless classified of agency action under Section of the Utah Code, or similar the requester is entitled to inspect as protected as provided in Subsecrecords used to initiate proceedings and 12 tions (17). (16) (15), the that information from requester e. information contained in or for discipline or sanctions against is not entitled to inspect requires by the city or cause substantial financial injury to the city or cause substantial financial injury to the city or state economy; 4. test questions and answers to be used in future license, certification, registration, employment, or property or the appraisal or estimated value of real or personal cal data; property, including intellectual c. records of publicly funded liproperty, under consideration for braries that when examined alone or public acquisition before any rights with other records identify a patron; to the properly are acquired unless; d. records received or generated in a. public interest in obtaining a Senate or House ethics committee access to the information outweighs concerning any alleged violation of the city's need to acquire the propthe rules on legislative ethics if the erty on the best terms possible; b. the information has already ethics committee meeting was closed to the public; been disclosed to persons not eme. records concerning a current or ployed by or under a duty of confiformer employee of,, or applicant dentiality to the entity; for employment with the city that c. in the case of records that would disclose that individual's would identify property, potential home address, home telephone sellers of the property described number, social security number, have already learned of the city's insurance coverage, marital status, plans to acquire the property; d. in the case of records that or payroll deductions. would identify the appraisal or es2. The following records are private if properly classified by the timated value of property, the potential sellers have already learned city: a. records concerning a current or of the city's estimated value of the former employee of, or applicant property; 7. records prepared in for employment with the city, inof sale, exchange, evaluations and contemplation cluding performance personal status information such a lease, rental, or other compensated race, religion, or disabilities, but transaction of real or personal not including records that are public property including intellectual under Subsections 9.(b)., 9.2(0) or property, which, if disclosed prior to completion of the transaction, private under Subsection 10.1(e). would reveal the appraisal or estib. records describing an individmated value of the subject property, ual's finances, except that the folunless: lowing Are public: a. the public interest in access (i) records described in Subsection 9.1; outweighs the interests in restrict(ii) information provided to the ing access, including the city's incity for the purpose of complying terest in maximizing the financial benefit of the transaction; or with a financial assurance requireb. when prepared by or on behalf ment; or of the city, appraisals or estimates (iii) records that must be disclosed in accordance with another of the value of the subject property have already been disclosed to perstatute; c. records of independent state sons not employed by or under a agencies if the disclosure of those duty of confidentiality to the city. 8. records created or maintained records would conflict with the for civil, criminal, or administrative fiduciary obligations of the agency; d. other records containing data enforcement purposes or audit pur. on individuals the disclosure of poses, or for discipline, licensing, which constitutes a clearly unwarcertification, or registration purranted invasion of personal privacy. poses if release of the records: e. records provided by the United a. reasonably could be expected States or by a governmental entity to interfere with investigations unoutside the state that are given with dertaken for enforcement, discipline, the requirement that the records be licensing, certification, or registramanaged as private records, if the tion purposes; b. reasonably could be expected providing entity states in writing that the record would not be subject to interfere with audits, discito public disclosure if retained by plinary, or enforcement proceedit ings; c. would create a danger of deSEC. 11. CONTROLLED priving a person of a right to a fair trial or impartial hearing; RECORDS d. reasonably could be expected A record is controlled only if; 1. the record contains medical, to disclose the identity of a source psychiatric, or psychological data who is not generally known outside about an individual; of government and, in the case of a 2. the city reasonably believes record compiled in the course of an that: investigation, disclose information a. releasing the information in furnished by a source not generally the record to the subject of the known outside of government if rerord would be detrimental to the disclosure would compromise the subject's mental health or to the source; or e. reasonably could be expected safety of any individual; or b. reto disclose investigative or audit leasing the information would constitute a violation of normal techniques, procedures, policies, or professional practice and medical orders not generally known outside of government if disclosure would ethics; and interfere with enforcement or audit c. die city has properly classified that maintained by the city. The shall: (iii) the capacity of persons to (0 disclose the records that it has fees may be set by Resolution. The take or convey title to real property; the entirequester is initial fee, until changed by located which or Resolution, is as set forth in Exhibit "A" hereto. SCHEDULE A FEES COPIES PER PAGE $2.00 CERTIFIED COPIES PER PAGE $5.00 COMPILATION TIME PER HOUR $10.00 a. A city mayfulfill a record re quest without charge when it determines that: (0 releasing the record primarily benefits the public rather than a person; (ii) the individual requesting the record is the subject of the record; or (iii) the requester's legal rights are directly implicated by the information in the record, and the requester is impecunious. b. A city may not charge a fee Cor (i) reviewing a record to determine whether it is subject to disclosure; or Gi) inspecting a record. The Summit County Boo . SEC. 14. RECORDS RETENTION The city shall by Resolution establish a retention schedule for each record series. The initial retention schedule shall be as set forth in Exhibit "B hereto. SCHEDULE B RETENTION SCHEDULE The retention schedule of this municipality is the schedule pro- -' mulgated by the Utah Division of Archives and Record Service for local governments with the following amendments: SEC. 15. SEGREGATION OF RECORDS Notwithstanding any other pro- vision in this ordinance, if the a request for access to a record that contains both infbrma- -i tion that the requester is entitled rod information that the re- -' city-recei- ves Continued on Page 4B ' |