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4.01.206. Sharing records

            (1)        The City may provide a record that is private, controlled, or protected to another governmental entity, a political subdivision, a government-managed corporation, the federal government, or another state if the requesting entity:

                        (a)        serves as repository or archives for purposes of historical preservation, administrative maintenance, or destruction;

                        (b)        enforces, litigates, or investigates civil, criminal, or administrative law, and the record is necessary to a proceeding or investigation;

                        (c)        is authorized by state statute to conduct an audit and the record is needed for that purpose; or

                        (d)        is one that collects information for pre-sentence, probationary, or parole purposes.

            (2)        The City may provide a private or controlled record or record series to another governmental entity, a political subdivision, a government-managed corporation, the federal government, or another state if the requesting entity provides written assurance:

                        (a)        that the record or record series is necessary to the performance of the governmental entity's duties and functions;

                        (b)        that the record or record series will be used for a purpose similar to the purpose for which the information in the record or record series was collected or obtained; and

                        (c)        that the use of the record or record series produces a public benefit that outweighs the individual privacy right that protects the record or record series.

            (3)        The City may provide a record or record series that is protected under Subsections 4.01.304(1) or (2) to another governmental entity, a political subdivision, a government-managed corporation, the federal government, or another state if:

                        (a)        the record is necessary to the performance of the requesting entity's duties and functions; or

                        (b)        the record will be used for the purpose similar to the purpose for which the information in the record or record series was collected or obtained.

            (4)        (a)        The City shall provide a private, controlled, or protected record to another governmental entity, a political subdivision, a governmental-managed corporation, the federal government, or another state if the requesting entity:

                                    (i)         is entitled by law to inspect the record; or

                                    (ii)        is required to inspect the record as a condition of participating in a local, state, or federal program or for receiving local, state, or federal funds; or

                                    (iii)       is an entity described in Subsections 4.01.206(1)(a), (b), (c), or (d).

                        (b)        Subsection (4)(a)(iii) applies only if the record is a record described in Subsection 4.01.304(4).

            (5)        Before disclosing a record or record series under this Section to another governmental entity, another state, the United States, or a foreign government, the City shall:

                        (a)        inform the recipient of the record's classification and the accompanying restrictions on access; and

                        (b)        if the recipient is not a governmental entity to which this Chapter applies, obtain the recipient's written agreement, which may be by mechanical or electronic transmission, that it will abide by those restrictions on access unless a statute, federal regulation, or interstate agreement otherwise governs the sharing of the record or record series.

            (6)        The City may disclose a record to another state, the United States, or a foreign government for the reasons listed in Subsections (1), (2), and (3) without complying with the procedures of Subsections (2) or (5) if disclosure is authorized by executive agreement, treaty, federal statute, compact, federal regulation, or state statute.

            (7)        A governmental entity receiving a record under this Section is subject to the same restrictions on disclosure of the material as the originating entity.

            (8)        Notwithstanding any other provision of this Section, if a more specific court rule or order, ordinance, policy, state statute, federal statute, or federal regulation prohibits or requires sharing information, that rule, order, ordinance, policy, statute, or federal regulation controls.

            (9)        Records that may evidence or relate to a violation of law may be disclosed to a government prosecutor, peace officer, or auditor.


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

Municipal Code (PDF Format)



 
 
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