2.40.060 Response to requests for public record.
A. All municipal officers and employees shall, consistent with the orderly conduct of city business, make a good faith and diligent effort to provide a rapid and intelligible response to request for inspection of records made pursuant to this chapter.
B. A requester shall submit a written request to inspect or obtain a copy of a public record to the city agency that is the custodian of the public record.
C. A city agency that receives a request to inspect or provide a copy of a public record shall respond as follows:
1. If the city record is subject to inspection under this chapter and is readily available, the city agency may permit the requester to inspect the city record, and provide the requester with a copy of the city record, at the time the request is made.
2. If the requested city record is subject to inspection under this chapter but either the city record is not immediately available or staff resources of the city agency are not sufficient to respond to the request when it is made, the city agency shall provide the city record for inspection or provide a copy of the record as requested within ten (10) business days after receiving the request.
3. If the city agency must determine whether the city record is subject to inspection under this chapter, within ten (10) business days after receiving the request the city agency shall make that determination and at that time either:
a. Provide the city record for inspection; or
b. Provide a copy of the record as requested; or
c. State in writing that the city record is not subject to inspection with the following information:
i. Date;
ii. Item of information requested;
iii. The specific provision of applicable state, federal or city law exempting the request information in whole or in part from disclosure;
iv. The title and signature of the official withholding the information;
v. The right of the requester to appeal the decision pursuant to BMC 2.40.100 and 2 AAC 96.340 to include the fee for such appeal; however, no appeal bond is required;
vi. The right of the requester to obtain immediate judicial review of the denial by seeking an injunction from the Superior Court under AS 40.25.125; however, an election not to pursue injunctive remedies in Superior Court shall have no adverse effects on the rights of the requester before the public agency; and
vii. A copy of 2 AAC 96.335 through 96.350 must be enclosed with the denial.
D. The city agency may extend the initial ten- (10-) business-day period established under subsection C of this section for a period not to exceed ten (10) additional business days by providing notice to the requester within the initial ten- (10-) business-day period. The notice must state the reason for the extension and the date by which the city agency expects to be able to furnish the requested record or to issue a determination that the record is not subject to disclosure. [Ord. 16-10 § 2.]