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4.01.204. Request; Time limit for response and extraordinary circumstance

            (1)        A person making a request for a record shall furnish the City with a written request containing his name, mailing address, daytime telephone number, if available, and a description of the records requested that identifies the record with reasonable specificity.

            (2)        The request shall be directed to the City department that created or maintains that record.

            (3)        (a)        As soon as reasonably possible, but no later than ten (10) business days after receiving a written request, or five (5) 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;

                                    (ii)        denying the request;

                                    (iii)       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

                                    (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 date when the records will be available.

                        (b)        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.  However, the City may weigh the importance of public disclosure against information protection.

            (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 4.01.204(5) if the City determines that due to the extraordinary circumstances it cannot respond within the time limits provided in Subsection (3):

                        (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 voluminous quantity of records;

                        (d)        the City is currently processing a large number of records requests;

                        (e)        the request requires the City to review a large number of records to locate the records requested;

                        (f)        the 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;

                        (g)        segregating information that the requester is entitled to inspect from information that the requester is not entitled to inspect requires extensive editing;

                        (h)        segregating information that the requester is entitled to inspect from information that the requester is not entitled to inspect requires computer programming; or

                        (i)         the equipment utilized in retrieving the requested information is or has been inoperable for a significant period of time.

            (5)        If one of the extraordinary circumstances listed in Subsection (4) precludes approval or denial within the time specified in Subsection (3), 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 City within five (5) 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 City will notify the requester when the record is available for inspection and copying;

                        (c)        for claims under Subsections (4)(c), (d), and (e), the City will:

                                    (i)         disclose the records that it has located which the requester is entitled 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 the requester is entitled to inspect as soon as reasonably possible;

                        (d)        for claims under Subsection (4)(f), the City shall either approve or deny the request within five (5) business days after the response time specified for the original request has expired;

                        (e)        for claims under Subsection (4)(g), the City shall fulfill the request within fifteen (15) business days from the date of the original request; or

                        (f)        for claims under Subsections (4)(h), and (i), the City shall complete its programming or repairs and disclose the requested records as soon as reasonably possible.

            Each of these time limits may be extended or reduced upon agreement of the City and the requester.

            (6)        (a)        If a request for access is submitted to a department of the City other than that specified in Subsection (2), the department shall promptly forward the request to the appropriate office.

                        (b)        If the request is forwarded promptly, the time limit for response begins when the record is received by the proper department.

                        (c)        If the City department processing the request is unsure about the classification or the appropriateness of disclosure, the department shall immediately forward the request and information to the records officer for a determination.  Otherwise the department may fulfill the request.

            (7)        If the City fails to provide the requested records or issue a denial within the specified time prior, the request is deemed denied.  However, those time limits may be extended upon agreement by the City and the requester.


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

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