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(a) A request for public records may be denied if any one (1) of the following provisions is applicable:

(1) The record is not known to exist after a diligent search is made for it;

(2) The record is not in the City’s possession and remains unknown or outside of the City’s control;

(3) The record has been destroyed in accordance with an applicable records retention schedule; or

(4) Nondisclosure of the record is authorized by Federal or State Law or regulation.

(b) A denial under this section is the final administrative order for purpose of appeal. The denial must be in writing, must state the basis and reason for the denial. A denial must further state that the requester may obtain judicial review by appealing the denial to the Superior Court.

(Repealed and Reenacted Ord. 3381-2023)