63G-2-701. Political subdivisions may adopt ordinances in compliance with chapter -- Appeal process.
(1) As used in this section: "Access denial" means the same as that term is defined in Section. 63G-2-400.5 "Interested party" means the same as that term is defined in Section. 63G-2-400.5 "Requester" means the same as that term is defined in Section. 63G-2-400.5
(2) Each political subdivision may adopt an ordinance or a policy applicable throughout its jurisdiction relating to information practices including classification, designation, access, denials, segregation, appeals, management, retention, and amendment of records. The ordinance or policy shall comply with the criteria set forth in this section. If any political subdivision does not adopt and maintain an ordinance or policy, then that political subdivision is subject to this chapter. Notwithstanding the adoption of an ordinance or policy, each political subdivision is subject to,, and Sections,,,,,,, and. Part 1, General Provisions Part 3, Classification 63A-12-105 63A-12-107 63G-2-201 63G-2-202 63G-2-205 63G-2-206 63G-2-601 63G-2-602 Every ordinance, policy, or amendment to the ordinance or policy shall be filed with the state archives no later than 30 days after its effective date. 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 political subdivision. The report required by Subsectionis notification to state archives of the political subdivision's retention schedules, designations, and classifications. The report is not subject to approval by state archives. If state archives determines that a different retention schedule is needed for state purposes, state archives shall notify the political subdivision of the state's retention schedule for the records and shall maintain the records if requested to do so under Subsection. (2)(f) 63A-12-105(2)
(3) Each ordinance or policy relating to information practices shall: provide standards for the classification and designation of the records of the political subdivision as public, private, controlled, or protected in accordance with; Part 3, Classification require the classification of the records of the political subdivision in accordance with those standards; provide guidelines for establishment of fees in accordance with Section; and 63G-2-203 provide standards for the management and retention of the records of the political subdivision comparable to Section. 63A-12-103
(4) Each ordinance or policy shall establish access criteria, procedures, and response times for requests to inspect, obtain, or amend records of the political subdivision, and time limits for appeals consistent with this chapter. In establishing response times for access requests and time limits for appeals, the political subdivision may establish reasonable time frames different than those set out in Sectionand, if it determines that the resources of the political subdivision are insufficient to meet the requirements of those sections. 63G-2-204 Part 4, Appeals
(5) A political subdivision shall establish an appeals process for persons aggrieved by classification, designation, or access decisions. A political subdivision's appeals process shall include a process for a requester or interested party to appeal an access denial to a person designated by the political subdivision as the chief administrative officer for purposes of an appeal under Section. 63G-2-401 A political subdivision may establish an appeals board to decide an appeal of a decision of the chief administrative officer affirming an access denial. An appeals board established by a political subdivision shall be composed of three members: one of whom shall be an employee of the political subdivision; and two of whom shall be members of the public who are not employed by or officials of a governmental entity, at least one of whom shall have professional experience with requesting or managing records. If a political subdivision establishes an appeals board, any appeal of a decision of a chief administrative officer shall be made to the appeals board. If a political subdivision does not establish an appeals board, the political subdivision's appeals process shall provide for an appeal of a chief administrative officer's decision to the director of the Government Records Office, as provided in Section. 63G-2-403
(6) A political subdivision or requester may appeal an appeals board decision: to the director of the Government Records Office, as provided in Section; or 63G-2-403 by filing a petition for judicial review with the district court. The contents of a petition for judicial review under Subsectionand the conduct of the proceeding shall be in accordance with Sectionsand. (6)(a)(ii) 63G-2-402 63G-2-404 A person who appeals an appeals board decision to the director of the Government Records Office does not lose or waive the right to seek judicial review of the decision of the director of the Government Records Office.
(7) Any political subdivision that adopts an ordinance or policy under Subsectionshall forward to state archives a copy and summary description of the ordinance or policy. (1)