2.40.080 Denial of request.
A. A request for a public record that complies with this section may be denied only if:
1. The record is not known to exist after the public agency makes a diligent search for it;
2. The record is not in the public agency’s possession, and after a diligent search the public agency does not know where the record is to be found;
3. The record has been destroyed in accordance with the city’s records retention schedule;
4. Nondisclosure of the record is authorized by a federal, state or city law;
5. The record is believed to be in the agency’s possession but has not yet been located, in which case the agency shall proceed under subsection D of this section.
B. A request may be denied only by an agency employee to whom denial authority has been delegated by the public agency head. An initial denial of a written request must be in writing as provided in BMC 2.40.060(C)(3)(c).
C. A denial of a written request for a public record is considered to be issued at the time the denial is delivered to the United States Postal Service for mailing.
D. If a written request is denied because a record has not yet been located and the record is believed to exist in the city’s possession, the agency responsible for maintaining the record shall continue to search until the record is located or until it appears that the record does not exist or is not in the city’s possession. An agency employee shall periodically inform the requester of its progress in searching for the requested information.
E. A record that is subject of a public records request that has been denied shall not be destroyed or transferred from the city’s custody until at least sixty (60) business days after the denial of the record is issued, or if there is an administrative or judicial appeal or other legal action pending at the end of the sixty- (60-) business-day period, until the requester has exhausted those actions. [Ord. 16-10 § 2.]