HomeMy WebLinkAboutOrd2016-004 Sponsored by: Clerk
Introduction: June 13, 2016
Public Hearing: June 27, 2016
Enactment: June 27, 2016
CITY OF SEWARD,ALASKA
ORDINANCE 2016-004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING PORTIONS OF SEWARD CITY CODE § 2.05.035,
DENIAL OF REQUEST; APPEAL, TO ESTABLISH A CUSTOMARY
TIMELINE TO APPEAL THE DENIAL OF A REQUEST FOR
INFORMATION
WHEREAS,the Seward City Code provides for the inspection of city records by the public
under reasonable rules during regular office hours; and
WHEREAS, Seward City Code 2.05 addresses records including access, inspection,
exemptions, and denials of city records; and
WHEREAS, a request for a record can be denied if the record sought is subject to an
exemption pursuant to City Code or state law,and 2.05.035 addresses the appeals process if such a
request for records has been denied; and
WHEREAS, under current City Code there is no formal timeline for a party to appeal a
denial of a public records request; and
WHEREAS,the condensed time period in which a public records appeal currently must be
heard by the City Council presents significant scheduling limitations for all parties, including a
limitation that such appeals may only be heard at regularly scheduled meetings of the Council;and
WHEREAS, establishing a deadline for appeal and adjusting the time and manner for
hearing appeals by the City Council will improve the City's public records request procedures.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, HEREBY ORDAINS that:
Section 1. Seward City Code Section 2.05.035 (b) is amended as follows:
(Deletions are Bold Strikcthroughs; Additions are Bold/Underline/Italics)
CITY OF SEWARD, ALASKA
ORDINANCE 2016-004
2.05.035 — Denial of request; appeal.
(b) In the event a party is denied access to requested information under the provisions of
subsection (a) of this section, he may submit a written appeal within ten days to the city
manager.Failure to timely appeal will result in a waiver of any subsequent right of appeal.
Within ten wefking days of receiving the appeal, the city manager shall issue a written
response to the requester,either granting or denying the appeal and notifying the requester of
his right to appeal the decision to the city council at the next regularly or special scheduled
meeting occurring at least-14 thirty days following the date of the appeal,which shall-be-the
the
. . - - -• . ' . The City Council shall issue a written decision within thirty
days of hearing an appeal, which shall be the final and binding authority. The final
decision of the City Council is appealable to the Superior Court pursuant to the rules of
procedure governing appeals to the Superior Court.
Section 2. This ordinance shall take effect 10 days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 27th day of June,
2016.
THE CITY OF SEWARD, ALASKA
/ f Ii
an Bardarson, Mayor
AYES: Keil, Butts, Squires, McClure, Altermatt, Bardarson
NOES: None
ABSENT: Casagranda
ABSTAIN: None
ATTEST:
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Johanna Ki ey, CMC
City Clerk
(City Seal) ``"�� •"°'_
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Council Agenda Statement
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Meeting Date: June 13, 2016, June 27, 2016 e ,,
From: Johanna Kinney, City Cler4
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Agenda Item: Public Records Ordinance
BACKGROUND & JUSTIFICATION:
City Code 2.05 addresses records of the City of Seward, including the access, inspection,
exemptions and denials of city records. Certain records according to federal, state, or city laws
may be deemed privileged or confidential and therefore the city may deny access to such records.
The denial of a public records request allows the requester to appeal this decision, as outlined in
2.05.035 (b). It was recently discovered by the City Attorney that there are no time limits to
when a requester may appeal a decision to deny access to a city record. Appeal processes in the
City Code typically allow for a specified time for the appellant to file a formal appeal on a
decision made. Further, the current time in which an appeal to the City Council must be made
presents several challenges and it is recommended that 2.05.035(b) be further amended to allow
sufficient time to schedule, notice, and timely receive appeal documents for the packet deadline.
It is also recommended that the Code be amended to allow the City to hear appeals at either a
regular or a special scheduled meeting to allow greater flexibility in scheduling such appeals.
The amendment also clarifies a decision of the City Council is appealable to the Superior Court.
CONSISTENCY CHECKLIST: Yes No N/A
1 Comprehensive Plan: value an open, responsive city government based X
on a high level of citizen input and community involvement. (pg. 13)
Strategic Plan: the mission of the City of Seward government is to
2. provide quality leadership, operate efficiently, be responsive to the X
desires of its residents (pg. 2)
3. Other (list): X
ATTORNEY REVIEW: Yes X No
FISCAL NOTE:
These proposed revisions do not result in additional costs to the City, or additional revenues.
Approved by Finance Department: w � ''`4J
RECOMMENDATION: �
Council approve Ordinance 2016-D0 ; approving _modifications to Seward City Code Chapter
2.05.035,denial of request; appeals for the access of city records.
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