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Lindon City Zoning Code

Title 4

Government Records Access Management

4.07 Repealed

(Ord. 9-92, adopted, 1992)

4.08 Repealed

(Ord. 9-92, adopted, 1992)

4.01.010 Purpose and intent.

It is the purpose and intent of the Lindon City council to establish fair and reasonable practices to ensure the public’s right of easy and reasonable access to public records while protecting personal private information which may be contained in records maintained by the city. (Ord. 2020-13 § 1, amended, 2020; Ord. 6-93, amended, 1993; Ord. 9-92, adopted, 1992)

4.01.020 Utah Government Records Access and Management Act.

It is the purpose and intent of the Lindon City council that the city shall acknowledge and comply with the provisions of the Utah Government Records Access and Management Act, Chapter 2 of Title 63G of the Utah Code Annotated 1953, as amended.

1. All city departments and employees shall comply with the provisions of this title as well as with Chapter 2 of Title 63G of the Utah Code Annotated 1953, as amended hereafter.

2. The definition of words and terminology used in this title shall be the same as the definitions set forth in the Utah Government Records Access and Management Act, as found in §63G-2-103 of the Utah Code Annotated 1953, and as amended hereafter. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.01.030 Records officer designation and duties.

The city recorder is hereby appointed as the Lindon City records officer and is to oversee and coordinate records management, access, and archive activities.

1. The records officer shall:

a. Comply with §63G-2-108, Utah Code Annotated 1953, “Certification of Records Officer” and obtain all required training and certifications as identified therein;

b. Make annual reports of records services activities to the city council, as requested;

c. Provide training relative to records management, maintenance and access to the various city departments and employees, as necessary;

d. Establish and maintain an active, continuing program for the economical and efficient management of the city’s records as provided by this title;

e. Make and maintain adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the city designed to furnish information to protect the legal and financial rights of persons directly affected by the city’s activities;

f. Submit to the state archivist the approved classifications and schedules of records and retention as provided for in this title;

g. Coordinate and cooperate with the state archivist in conducting surveys made by the state archivist;

h. Establish and report to the state archives retention schedules for objects that the city determines are not records, but that have historical or evidentiary value; and

i. Designate those record series as required by this title and Chapter 2 of Title 63G of the Utah Code Annotated 1953, and report such designations to the state archives.

2. The records officer may classify a particular record, record series or information within a record at any time, but is not required to classify a particular record, record series or information until access to the record is requested.

3. The records officer may re-designate a record series or reclassify a record, record series or information within a record at any time.

4. The records officer shall file with the state archives a copy of any amendment to this title, no later than thirty (30) days after its effective date. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.02.010 Records maintenance.

Records maintenance procedures shall be developed by the records officer to ensure that due care is taken to maintain and preserve city records safely and accurately and in compliance with state requirements. The records officer shall be responsible for monitoring the application and use of technical processes in the creation, duplication and disposal of city records, and shall monitor compliance with this title and with state requirements by city departments and employees. (Ord. 2020-13 § 1, amended, 2020)

4.02.020 Storage medium.

The city retains and reserves to itself the right to use any type of nonverbal or nonwritten format for the storage, retention and retrieval of government records, including, but not limited to, audio tapes, video tapes, microforms, any type of computer, data processing, imaging or electronic information storage or processing equipment or systems, which are not prohibited by state statute and do not compromise legal requirements for records storage, retrieval, security and maintenance, to store and maintain city records. All computerized and nonwritten format records and data which are designated and classified in accordance with this title shall be made available to a requester in accordance with this title and state law. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.02.030 Retention schedule.

The public records of Lindon City shall be classified and retained pursuant to the provisions of Section 9 of the Lindon City Policies and Procedures Manual, as may be amended from time to time. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.02.040 Records which are not public.

(Ord. 9-92, adopted, 1992)

4.02.050 Records which are always private.

(Ord. 9-92, adopted, 1992)

4.02.060 Records which may be private.

(Ord. 9-92, adopted, 1992)

4.02.070 Controlled records.

(Ord. 9-92, adopted, 1992)

4.02.080 Protected records.

(Ord. 9-92, adopted, 1992)

4.03.010 Access to public records.

Subject to provisions of this title, every person has a right to inspect a public record, free of charge, and the right to receive a copy of a public record upon payment of a reasonable cost as set forth herein. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.03.020 Adoption and enforcement of the Utah Government Records Access and Management Act.

In order to ensure the public’s right to access and review public records, while still providing required protections for private and protected information which may be contained in such records, Lindon City hereby adopts and incorporates the Utah Government Records Access and Management Act as set forth in Chapter 2 of Title 63G of the Utah Code Annotated 1953, as may hereafter be amended. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.03.030 Disclosure of private records.

(Ord. 9-92, adopted, 1992)

4.03.040 Disclosure of controlled records.

(Ord. 9-92, adopted, 1992)

4.03.050 Disclosure of protected records.

(Ord. 9-92, adopted, 1992)

4.03.060 Additional limitations on disclosure of private, controlled, and protected records.

(Ord. 9-92, adopted, 1992)

4.03.070 Disclosure of private or controlled records for research purposes.

(Ord. 9-92, adopted, 1992)

4.03.080 Right to a certified copy of the record.

(Ord. 9-92, adopted, 1992)

4.03.090 Additional limitations on public’s right of access.

(Ord. 9-92, adopted, 1992)

4.03.100 Disclosure pursuant to court order.

(Ord. 9-92, adopted, 1992)

4.03.110 Confidential treatment of records for which no exemption applies.

(Ord. 9-92, adopted, 1992)

4.04.010 Request for records.

All record requests shall be made by written request upon forms provided by Lindon City, which request shall be directed to the city department where the record is kept. Lindon City will respond to all requests for records pursuant to and in accordance with the requirements of the Utah Government Records Access and Management Act as adopted in this title. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.04.020 Fees.

Lindon City may charge reasonable fees and costs to the cover the city’s actual cost of compiling and duplicating a record.

1. Fees for such requests may be set and revised by resolution of the city council.

2. The city may modify or waive the fee pursuant to the terms of the Utah Government Records Access and Management Act as adopted in this title. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.04.030 Presumption of public benefit.

(Ord. 9-92, adopted, 1992)

4.04.040 Extraordinary circumstances allowing delay in response time.

(Ord. 9-92, adopted, 1992)

4.04.050 Time limits for extraordinary circumstances.

(Ord. 9-92, adopted, 1992)

4.04.060 Effect of failure to disclose within time limitations.

(Ord. 9-92, adopted, 1992)

4.04.070 Disclosure denials.

(Ord. 9-92, adopted, 1992)

4.05.010 Appeals.

A person who believes their request for records has been wrongfully denied, or that the requested records have not been fully provided, may appeal such decision to the administrative law judge, appointed pursuant to Section 2.22.070. The appeal shall be made pursuant to the appeals process set forth in the Utah Government Records Access and Management Act, as adopted by this title. (Ord. 2025-15 § 5, amended, 2025; Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.05.020 Appeal of the decision of administrative law judge.

Lindon City has not established a local appeals board. As such, any appeal of a decision of the administrative law judge shall be made to the Sate Records Committee as set forth in Section 63G-2-403 of the Utah Code Annotated 1953, as adopted by this title. (Ord. 2025-15 § 6, amended, 2025; Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.05.030 Judicial review.

Any petition for judicial decision of an order or decision made under the authority of this title shall be made pursuant to the requirements of § 63G-2-404 of the Utah Code Annontated 1953, as adopted by this title. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.05.040 Fee waivers.

(Ord. 9-92, adopted, 1992)

4.05.050 Circumstances under which fee may not be charged.

(Ord. 9-92, adopted, 1992)

4.06.010 Enforcement.

The records officer shall ensure that all departments and city employees comply with the requirements of this title and the Utah Government Records Access and Management Act as adopted herein. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.06.020 Disciplinary action.

The city may take disciplinary action, which may include suspension or discharge, against any employee who violates any provision of this title or the Utah Government Records Access and Management Act as adopted herein. (Ord. 2020-13 § 1, amended, 2020; Ord. 9-92, adopted, 1992)

4.06.030 Appeal involving confidential business records.

(Ord. 9-92, adopted, 1992)

4.06.040 Mayor’s determination of appeal.

(Ord. 9-92, adopted, 1992)

4.06.050 Appeal of mayor’s determination to city council.

(Ord. 9-92, adopted, 1992)

4.06.060 Appeal of classification determination.

(Ord. 9-92, adopted, 1992)

4.06.070 Judicial review.

(Ord. 9-92, adopted, 1992)