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4.01.401. Appeal to the City Manager

            (1)        (a)        Any person aggrieved by the records officer's determination under this Chapter, may appeal the determination to the office of the City Manager by filing a written notice of appeal.  Said appeal must be filed within thirty (30) days of the City sending notice of a denial or from the date the request is considered denied.

                        (b)        If the records officer claims extraordinary circumstances and specifies the date when the records will be available under Subsection 4.01.204(3), and, if the requester believes the extraordinary circumstances do not exist or that the time specified is unreasonable, the requester may appeal the claim of extraordinary circumstances or date for compliance within thirty (30) days after notification of a claim of extraordinary circumstances by the records officer, despite the lack of a "determination" or its equivalent under Subsection 4.01.204(7).

            (2)        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.

            (3)        The petitioner may file a short statement of facts, reasons, and legal authority in support of the appeal.

            (4)        (a)        If the appeal involves a record that is the subject of a business confidentiality claim under Section 4.01.309, the City Manager shall:

                                    (i)         send notice of the requester's appeal to the business confidentiality claimant within three (3) business days after receiving notice, except that if notice under this Section must be given to more than twenty (20) persons, it shall be given as soon as reasonably possible; and

                                    (ii)        send notice of the business confidentiality claim and the schedule for the City Manager's determination to the requester within three (3) business days after receiving notice of the requester's appeal.

                        (b)        The claimant shall have seven (7) business days after notice is sent by the City Manager to submit further support for the claim of business confidentiality.

            (5)        (a)        The City Manager shall make a determination on the appeal within the following period of time:

                                    (i)         within five (5) business days after the City Manager's receipt of the notice of appeal; or

                                    (ii)        within twelve (12) 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 City makes no determination within the time specified in Subsection (5)(a), it shall be deemed the equivalent of an order denying the relief sought.

                        (c)        The provisions of this Section notwithstanding, the parties participating in the proceeding may, by agreement, extend the time periods specified in this Section.

            (6)        The City Manager 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 4.01.302 or protected under Section 4.01.305 if the interests favoring access outweigh the interests favoring restriction of access.

            (7)        The City shall send written notice of the determination of the City Manager to all participants.  If the City Manager 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 Record Appeals Board, the time limits for filing an appeal, and the name and business address for the Record Appeals Board.

            (8)        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 Section.  If a nonrequester is the only appellant, the procedures provided in this Section shall apply, except that the determination on the appeal shall be made within thirty (30) days after receiving the notice of appeal.

            (9)        The duties of the City Manager under this Section may be delegated.

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

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