63G-2-701 - Political subdivisions may adopt ordinances in compliance with chapter.
63G-2-701. Political subdivisions may adopt ordinances in compliance withchapter.
(1) (a) Each political subdivision may adopt an ordinance or a policy applicablethroughout its jurisdiction relating to information practices including classification, designation,access, denials, segregation, appeals, management, retention, and amendment of records.
(b) The ordinance or policy shall comply with the criteria set forth in this section.
(c) If any political subdivision does not adopt and maintain an ordinance or policy, thenthat political subdivision is subject to this chapter.
(d) Notwithstanding the adoption of an ordinance or policy, each political subdivision issubject to Parts 1 and 3, and Sections 63A-12-105, 63A-12-107, 63G-2-201, 63G-2-202,63G-2-205, 63G-2-206, 63G-2-601, and 63G-2-602.
(e) Every ordinance, policy, or amendment to the ordinance or policy shall be filed withthe state archives no later than 30 days after its effective date.
(f) The political subdivision shall also report to the state archives all retention schedules,and all designations and classifications applied to record series maintained by the politicalsubdivision.
(g) The report required by Subsection (1)(f) is notification to state archives of thepolitical subdivision's retention schedules, designations, and classifications. The report is notsubject to approval by state archives. If state archives determines that a different retentionschedule is needed for state purposes, state archives shall notify the political subdivision of thestate's retention schedule for the records and shall maintain the records if requested to do sounder Subsection 63A-12-105(2).
(2) Each ordinance or policy relating to information practices shall:
(a) provide standards for the classification and designation of the records of the politicalsubdivision as public, private, controlled, or protected in accordance with Part 3 of this chapter;
(b) require the classification of the records of the political subdivision in accordance withthose standards;
(c) provide guidelines for establishment of fees in accordance with Section 63G-2-203;and
(d) provide standards for the management and retention of the records of the politicalsubdivision comparable to Section 63A-12-103.
(3) (a) Each ordinance or policy shall establish access criteria, procedures, and responsetimes for requests to inspect, obtain, or amend records of the political subdivision, and timelimits for appeals consistent with this chapter.
(b) In establishing response times for access requests and time limits for appeals, thepolitical subdivision may establish reasonable time frames different than those set out in Section63G-2-204 and Part 4 of this chapter if it determines that the resources of the politicalsubdivision are insufficient to meet the requirements of those sections.
(4) (a) The political subdivision shall establish an appeals process for persons aggrievedby classification, designation or access decisions.
(b) The policy or ordinance shall provide for:
(i) (A) an appeals board composed of the governing body of the political subdivision; or
(B) a separate appeals board composed of members of the governing body and thepublic, appointed by the governing body; and
(ii) the designation of a person as the chief administrative officer for purposes of
determining appeals under Section 63G-2-401 of the governmental entity's determination.
(5) If the requester concurs, the political subdivision may also provide for an additionallevel of administrative review to the records committee in accordance with Section 63G-2-403.
(6) Appeals of the decisions of the appeals boards established by political subdivisionsshall be by petition for judicial review to the district court. The contents of the petition forreview and the conduct of the proceeding shall be in accordance with Sections 63G-2-402 and63G-2-404.
(7) Any political subdivision that adopts an ordinance or policy under Subsection (1)shall forward to state archives a copy and summary description of the ordinance or policy.
Amended by Chapter 131, 2009 General Session