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Show 6B The Summit County Bee Continued from Page SB quester is not entitled to inspect under this ordinance, and, if the in- formation 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 or- aid 2.may deny access to dinance; tion in die record if the information is exempt from disclosure to the requester, issuing a notice of denial. . SEC. 16. APPEALS 1. a. Any person agrieved by the city's access determination under this ordinance, including a person not a party to the city's proceeding, may appeal the determination to the mayor aid city Council by filing a notice of appeal. b. if the city claims extraordinary . circumstances and specifies the date Friday, October 30, 1992 when the records will be available and, if the requester believes the extraordinary circumstances do not exist or that the time specified is unreasonable, the requester may appeal the city's claim of extraordinary circumstances or date for compliance within 30 days after notification of a claim of extraordinary circumstances by the city, despite the lack of a "determination" or its equivalent 2. a. If the appeal involves a record that is the subject of a business confidentiality claim under of the Utah Code, Section the city recorder shall: (i) send notice of the requester's appeal to the business confidentiality claimant within three business days after receiving notice, except that if notice under this section must be given to more than 35 persons, it shall be given as soon as reasonably possible; (ii) send notice of the business 63-2-3- confidentiality claim and the sched- ule for the city recorder's determination to the requester within three business days after receiving notice of the requester Is appeal. b. The claimant shall have seven business days after notice is sent by the City Recorder to submit further support, for the claim of business confidentiality. 3. a. The mayor shall make a determination on any appeal within the following period of time: (0 within five business days after the mayor's receipt of the notice of appeal; or (ii) within twelve business days after the city sends the requester's notice of appeal to a person who submitted a claim of business confidentiality. b. If the mayor fails to make a determination within the time specified in Subsection (3)(a), the failure shall be considered the equivalent of an order denying the appeal. c. The provisions VOTE notwithstanding, of this section the parties participating in the proceeding may, by agreement, extend the time periods specified in this section. BRENT OVARD For Henefer District School Board Get Out and Vote! Public Hearing for Hud Community Development Block Grant Program CDBG Henefer Town will hold a public hearing to consider potential projects for which funding may be applied under the CDBG Small Cities Program for 1992 -1993. Comments, questions, and potential projects will be solicited, both verbally and in writing, from all interested parties. CDBG propram requirements will also be discussed. The hearing will begin at 7:00 pm on Wednesday, November 4, 1992 and will be conducted at the Henefer Town Hall. Further information can be obtained by contacting Mayor Richard N. Butler. Published in The Summit County Bee Oct. 23 & 30, 1992 COALVILLE CITY PUBUC HEARING FOR HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Coalville City will hold a public hearing for considering the application for a community Development Block Grant to replace and upgrade the east portion of the Icy Spring water line commencing from the Icy Spring Road and ending at 50 West Street. Comments will be taken on implementation, project makeup, and the projects effect on individuals located in that area. The hearing will begin at 7:00 P.M. on Monday, November 2, 1992 and will be conducted at the Coalville City Council Chambers at 10 North Main. 'Further information can be obtained by contacting 1 Coalville City Hall at . 336-598- 4. The mayor 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 under Section 10.2 or protected under Section 12 if the interests favoring access outweigh the interest favoring restriction of access. 5. The city shall send written notice of the determination of the mayor to all participants. If the mayor affirms the denial in whole or in part, the denial shall include a statement that the requester has the right to appeal the denial to the City Council, and the time limits for filing an appeal. , 6. The duties of the mayor under this section may be delegated. 7. The notice of appeal to the City Council must be filed with the City Recorder no later than 30 days after the Mayor has denied the appeal or fails to make a determination within the time specified in Subsection 16.3 (a). 8. The notice of appeal shall contain the following information: a. the petitioner's name, mailing address, and daytime telephone number; and b. the relief sought. 9. The petitioner may file a short statement of facts, reasons, and legal authority in support of the appeal. No later than three days after receiving a notice of appeal, the 10. recorder shall: schedule a hearing for the city council to discuss the appeal which shall be held no sooner than 15 days and no later than 30 days from the date of the filing of the appeal; b. At the hearing, the city council shall allow the parties to testify, present evidence, and comment on a. the issues. The city council may allow other interested persons to comment on the issues. c. No later than three business days after the hearing, the city council shall issue a signed order either granting the petition in whole or in part or upholding the determination of the city in whole or in part. d. The order of the city shall include: (i) a statement of reasons for the decision, including citations to this ordinance or federal regulation that governs disclosure of the record, provided that the citations do not disclose private, controlled, or pro- tected information; (ii) 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; (iii) a statement that any party to the appeal may appeal the city's decision to district court; and (iv) a brief summary of the ap- peal, and a notice that in order to protect its rights on appeal, the party may wish to seek advice from an attorney. 11. A person aggrieved by the city's classification or designation determination under this chapter, but who is not requesting access to the records, may appeal that determination using the procedures provided in this sections. If a nonrequestor is the only appellant, the procedures provided in this section shall apply, except that the determination on the appeal shall be made within 30 days after receiving the notice of appeal. SEC. 17. JUDICIAL REVIEW 1. Any party to a proceeding before the city council may petition for judicial review by the district court of the city council's order. The petition shall be filed no later than 30 days after the date of the city council's order. 4. a. Access to drafts and empirical data in drafts may be limited under this section, but the court may consider, in its evaluation of interests favoring restriction of access, only those interest that relate to the underlying information, and not to the deliberative nature of the record. b. Access to original data in a computer program may be limited under this section, but the court may consider, in its evaluation of interest favoring restriction of access, only those interests that relate to the underlying information, and not to the status of that data as part of a computer program. SEC. 19. REQUEST TO AMEND A RECORD 1. a. Subject to Subsection 7, an individual may contest the accuracy or completeness of any public, or private, or protected record concerning him by requesting the city to amend the record. However, this section docs not affect the right of access to private or protected records. b. The request shall contain the following information: (0 The requester's name, mailing address, and daytime telephone number; and (ii) a brief statement explaining why the city should amend the record. 2. The city shall issue an order either approving or denying the request to amend no later than 30 days after receipt of the request 3. If the city approves the re- quest, it shall correct all of its records that contain the same incorrect information as soon as practical. A city may not disclose the record until it has amended it. 4. If the city denies the request is shall: a. inform the requester in writing; and b. provide a brief statement giving its reasons for denying the re- quest SEC. 18. CONFIDENTIAL TREATMENT OF RECORDS FOR WHICH NO EXEMPTION APPLIES 1. A court may, on appeal or in a declaratory or other action, order the confidential treatment of records for which no exemption from disclosure applies if: a. there are compelling interest favoring restriction of access to the record; and y b. the interests favoring restric-- 1 tion of access clearly outweigh the interests favoring access. 2. If the City requests a court to restrict access to a record under this section, the court shall require the city to pay the reasonable attorneys' fees incurred by the lead party in opposing the City's request, if: a. the court finds that no statu. 5. a. If the city denies a request to amend a record, the requester may submit a written statement contesting the information in the record. b. The city shall: (i) file the requester's statement with the disputed record if the record is in a form such that the statement can accompany the record or make the statement accessible if the record is not in a form such that the statement can accompany the record; and (ii) disclose the requester's state--1 ment along with the information in the record whenever the city discloses the disputed information. 6. The requester may appeal the denial of the request to amend a record pursuant to Section 16 of the ordinance. 7. This section docs not apply to records relating to title to real or personal property, medical records, tory or constitutional exemption from disclosure could reasonably judicial case files, or any other apply to the record in question; and records that the city determines b. the court denies confidential must be maintained in their original form to protect the public interest treatment under this section. 3. This section does not apply to and to preserve the integrity of the records that are specifically required record system. to be public under Section 9 of this ordinance or Section of SEC. 20. RIGHTS OF INDIVIDthe Utah Code, except as provided UALS ON WHOM DATA IS MAINTAINED in Subsection 4. city shall file with the archivist a statement explainstate the purposes for which record ing 1. a. The series designated private or con- trolled are collected and used by that city. b. That statement is a public record. 2. upon request, the city shall explain to an individual: a. the reasons the individual is asked to furnish to the city information that could be classified private or controlled; b. the intended uses of the information; and C. the consequences for refusing to provide the information. 3. The city may not use private or controlled records for purposes other than those given in the statement filed with the state archivist under Subsection -- 1) or for purposes other than those for which another governmental entity could use the record under Section 6. SEC. 21. CRIMINAL PENALTIES employee or other has. lawful access to who person or protected controlled, any private, 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 JB 1. a. A public misdemeanor. j b. it is a defense to prosecution under Subsection (1 )la) that the actor released private, controlled .or 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. c. it is a defense to prosecution under Subsection 1 1 )(a) that the record could have lawfully been released to the recipient if it had been protected information properly classified. 2. a. A person who by false pre- -, tenses, 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. b. No person shall be guilty under Subsection (2) (a) who receives the record, information, or copy af- ter the fact and without prior knowledge of or participation in the false pretenses, bribery, or theft. ' 3. a. A public employee who intentionally refuses to release a record the disclosure of which the . employee knows is required by law or by final unappealed order from a city, the records committee, or a court, is guilty of a class B misdemeanor. This ordinance shall take effect on the 30th day of November 1992. DATED: This 2nd day of September 1992. i ATTEST: LaNac S. Ovard City Recorder Richard N. Butler MAYOR 63-2-3- VOTE STEVE JENKINS FOR Published in The Summit County Bee October 30, 1992. Create cleanness. A litter bit atatime. A Healthy Choice For North Summit School Board. Go agalnst)the grain. Cut flown on salt Adding salt to your food could subtract years from November 12, 13, 14-- 8 CHRIS U3D0HX IN CONCOCT an Thursday & Friday p.m. ONLY at 7 your life. Because in some people salt contributes to hjgh blood pressure, a condition that increases your pan. TICKETS NOW ON SALE $12, $10. $8, $5 - Cdl HEREFORD BULLS risk of heart disease. 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