Private & Non-Public Records
All or parts of records or other matters in the custody of town officers may contain private, non-public, or confidential information. Such private, non-public or confidential information includes:
- Records or other matters made non-public, private or confidential by Arizona or Federal statute
- Records or other matters otherwise involve privacy interests of persons
- Records or other matters, the release of which would be detrimental to the best interests of the State (including the Town)
Pursuant to Arizona and Federal law, such private, non-public or confidential information is available only to "qualified persons", namely
- (a) The individuals who are the subject of the information,
- (b) Employees of the Town whose work necessitates access to the information,
- (c) Agencies or subdivisions of the U.S. government or State of Arizona who are authorized by statute to obtain such information, and
- (d) Entities or individuals given access under the express written direction of the information subject.
Qualified persons may generally obtain access to private, non-public or confidential information by submitting a request form.
In any event, the Town reserves the right to require reasonable confirmation of identity from individuals requesting access to private, non-public information to insure that the individuals are qualified. The Town also reserves the right to charge persons requesting copies of private or non-public information.
Determination & Final Decision
Upon receipt of a request form, the Town Clerk or department custodian (as appropriate) shall make a preliminary determination as to whether the requested records or other matters are wholly or in part non-public, private, confidential, or otherwise protected. In the event either determines that the requested records or other information (or parts thereof) are non-public, private, confidential, or otherwise protected, he or she may redact the non-public, private, confidential, or otherwise protected material and release the remainder to the requestor.
In the event the Town Clerk or department custodian (as appropriate) is uncertain as to the correct redaction or determines that the requested public records or other matters are wholly non-public, private, confidential, or otherwise protected, he or she shall forward the request form to the Legal Department for review. The Town Attorney (or designee) shall issue a written opinion to the Town Manager as to whether all or part of the requested records or other matters should be released, along with the reasons therefore. The final decision shall be made by the Town Manager.