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4.01.205. Denials

            (1)        If the records officer denies the request in whole or in part, the records officer shall provide a notice of denial to the requester either in person or by sending the notice to the 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 information exempt from disclosure under Subsection 4.01.201(3)(b);

                        (b)        reasoning to support the determination that portions of this record are exempt from disclosure, provided that the explanation does not disclose private, controlled, or protected information or information exempt from disclosure under Subsection 4.01.201(3)(b);

                        (c)        a statement that the requester has the right to appeal the denial to the City Manager; and

                        (d)        the time limits for filing an appeal, and the name and business address of the City Manager.

            (3)        Unless otherwise required by a court or agency of competent jurisdiction, the City may not destroy or give up custody of a record to which access was denied until the period for an appeal has expired or the end of the appeals process, including judicial appeal.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 00-24, Amended, 6/1/2000
Ord. No. 954, Enacted, 6/18/1992

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