2.40.100 Appeal from denial of a public record.
A. Appeal of Agency Decision. In the event a person is denied access to requested information, the person may submit a written appeal to the city clerk within sixty (60) business days from the issuance of the denial. The written appeal must include:
1. Name, address and contact number for the person filing the appeal;
2. Name, address and contact number for the attorney of record representing the appellant (if applicable);
3. A description of the record requested;
4. The name of the agency employee issuing the denial;
5. The date of the denial;
6. A statement clearly identifying the decision being appealed and the basis for the appeal.
B. Appeal of Agency, Failure to Respond. In an appeal from the failure of an agency to respond to the records request within the appropriate time limit, the appeal must include:
1. Name, address and contact number for the person filing the appeal;
2. Name, address and contact number for the attorney of record representing the appellant (if applicable);
3. A description of the record requested;
4. The agency to which the request was directed;
5. The date the request was made to the agency.
C. The period to appeal begins upon the issuance of the denial, or if no denial is issued, the expiration of the time period within which the agency should have responded.
D. Conflict of Interest – City Clerk. In the event the city clerk is unable to review and/or determine an appeal due to a conflict of interest or other just cause, the city clerk shall notify the party filing the appeal and shall offer the party an opportunity to have the matter reviewed by a hearing officer. Such notification shall be made within ten (10) business days from the filing of the appeal. [Ord. 16-10 § 2.]