(1) Every person has the right to inspect a public record free of charge, and the right to take a copy of a public record during normal working hours, subject to Sections 4.01.203 and 4.01.204.
(2) All records are public unless otherwise provided by ordinance, policy, or other applicable law or judicial determination.
(3) The following records are not public:
(a) records that are private, controlled, or protected under Sections 4.01.302, 4.01.303, 4.01.304, and 4.01.305; and
(b) records to which access is restricted pursuant to court rule, another ordinance, policy, state statute, federal statute, or federal regulation, including records for which access is governed or restricted as a condition of participation in a local, state, or federal program or for receiving local, state, or federal funds.
(4) Only those records of the nature specified in Sections 4.01.302, 4.01.303, 4.01.304, or 4.01.305 may be classified private, controlled, or protected.
(5) (a) The City may not disclose a record that is private, controlled, or protected to any person except as provided in Subsection (5)(b), Subsection (5)(c), or Sections 4.01.202, 4.01.206, or 4.01.303.
(b) The City may, at its discretion, disclose records that are private under Subsection 4.01.302(2) or protected under Section 4.01.305 to persons other than those specified in Sections 4.01.202 or 4.01.206 if the City Manager, or designee, determines that there is no interest in restricting access to the record, or that the interest favoring access outweighs the interest favoring restriction of access.
(c) In addition to the disclosure under Subsection (5)(b), the City may disclose a record that is protected under Section 4.01.305 if:
(i) the City Manager, or a designee, determines that the disclosure:
(A) is mutually beneficial to:
(I) the subject of the record;
(II) the City; and
(III) the public; and
(B) serves a public purpose related to:
(I) public safety; or
(II) consumer protection; and
(ii) the person who receives the record from the City agrees not to use or allow the use of the record for advertising or solicitation purposes.
(6) (a) The disclosure of records to which access is governed or limited pursuant to court rule, ordinance, policy, state statute, federal statute, or federal regulation, including records for which access is governed or limited as a condition of participation in a local, state, or federal program or for receiving local, state, or federal funds, is governed by the specific provisions of that ordinance, policy, statute, rule, or regulation.
(b) This Chapter applies to records described in Subsection (a) insofar as this Chapter is not inconsistent with the ordinance, statute, policy, rule, or regulation.
(7) The City will provide a person with a certified copy of a record if:
(a) the person requesting the record has a right to inspect it;
(b) the person identifies the record with reasonable specificity; and
(c) the person pays the lawful fees.
(8) (a) In response to a request, the City is not required to:
(i) create a record;
(ii) compile, format, manipulate, package, summarize, or tailor information;
(iii) provide a record in a particular format, medium, or program not currently maintained by the City;
(iv) fulfill a person's records request if the request unreasonably duplicates prior records requests from that person; or
(v) fill a person's records request if:
(A) the record requested is accessible in the identical physical form and content in a public publication or product produced by the City receiving the request;
(B) the City provides the person requesting the record with the public publication or product; and
(C) the City specifies where the record can be found in the public publication or product.
(b) Upon request, the City may provide a record in a particular format if:
(i) the City determines it is able to do so without unreasonably interfering with its duties and responsibilities; and
(ii) the requester agrees to pay the City for its additional costs incurred in providing the record in the requested format.
(9) (a) The City may allow a person requesting more than fifty (50) pages of records to copy the records if:
(i) the records are contained in files that do not contain records that are exempt from disclosure, or the records may be segregated to remove private, protected, or controlled information from disclosure; and
(ii) the City provides reasonable safeguards to protect the public from the potential for loss of a public record.
(b) When the requirements of Subsection (9)(a) are met, the City may:
(i) provide the requester with the facilities for copying the requested records and require that the requester make the copies; or
(ii) allow the requester to provide the requester's own copying facilities and personnel to make the copies at the City offices and waive the fees for copying the records.
(10) (a) Any intellectual property right owned by the City and that is offered for sale or license is controlled by the City and no rights therein are waived by this ordinance.
(b) Nothing in this Chapter shall be construed to limit or impair the rights or protections granted to the City under federal copyright or patent law as a result of its ownership of the intellectual property right.
(11) Subject to the requirements of Subsection (8), the City shall provide access to an electronic copy of a record in lieu of providing access to its paper equivalent if:
(a) the person making the request requests or states a preference for an electronic copy;
(b) the City currently maintains the record in an electronic format that is reproducible and may be provided without reformatting or conversion; and
(c) the electronic copy of the record:
(i) does not disclose other records that are exempt from disclosure; or
(ii) may be segregated to protect private, protected, or controlled information from disclosure without the undue expenditure of public resources or funds.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 00-24, Amended, 6/1/2000
Ord. No. 954, Enacted, 6/18/1992
Ord. No. 13-11, Amended, 7/18/2013
Ord. No. 16-23, Amended, 5/19/2016