M E M O R A N D U M 05-142

TO: MAYOR HORNADAY AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CMC, CITY CLERK

DATE: AUGUST 15, 2005

SUBJ: GRISWOLD APPEAL TO THE CITY MANAGER'S RECORD REQUEST DENIAL

Frank S. Griswold made a records request on July 25, 2005 for "All legal opinions received by the City of Homer re: Ord 05-33."

City Manager Wrede denied this record request for the following reason, "Confidential. Attorney/Client Privilege. Not released by the Council."

Mr. Griswold's appeal to the City Manager's decision was received on July 27, 2005.

Pursuant to Homer City Code Section 1.80.060(b), Any denial of a request for information or inspection of public records may be appealed to the City Council and a written reply will be given within seven working days from the Council's consideration thereof either granting or denying the appeal. An appeal from the decision of the Council shall be to the Superior Court.

RECOMMENDATION:

Uphold the City Manager's denial of the record request.

Fiscal Note: Cost of processing the appeal, not budgeted.