4.06.050 Appeal of mayor’s determination to city council.
Any participant in the mayor’s initial determination may appeal the mayor’s decision to the city council. The appeal to the city council shall be conducted as follows:
1. A notice of appeal to the city council must be filed with the city recorder no later than 30 days after the mayor has denied the appeal or fails to make a determination within the time specified in Subsection 4.06.040(1). The notice of appeal shall contain the petitioner’s name, address, daytime telephone number, and a statement of the relief sought. The petitioner may also file a short statement of facts, reasons, and legal authority in support of the appeal.
2. No less than three business days after receiving a notice of appeal, the recorder shall schedule a hearing for the city council to discuss the appeal, which hearing shall be held not sooner than 15 days and not later than 30 days from the date of the filing of the appeal.
3. At the hearing, the city council shall allow the parties to testify, present evidence, and comment on the issues. The city council may allow other interested parties to comment on the issue.
4. No later than three business days after the hearing, the city council shall issue a signed order either granting the petition in whole or in part or upholding the determination of the city in whole or in part. The order of the city council shall include:
a. A statement of reasons for the decision, including citations to this title or other state or federal laws or regulations that govern disclosure of the records, provided the citations do not disclose private, controlled, or protected information;
b. A description of the record or portions of the record to which access was ordered or denied, provided that the description does not disclose private, controlled, or protected information;
c. A statement that any party to the appeal may appeal the city’s decision to the district court; and
d. A brief summary of the appeal, and a notice that to protect its rights on appeal the party may wish to seek advice from an attorney. (Ord. 9-92, adopted, 1992)