Section 33May 21, 2007, Sec./Art. 33

Grounds for Determining Access Status of Local Government Records. - (a) In classifying the access status of a local government record, the head of the controlling local government shall consider the following:

(1) There are good reasons to restrict public access to the local government record, having regard to any relevant standard or advice issued by the executive director; or

(2) There exists a legal impediment that requires such local government record to be withheld from public access.

(b) If there are no good reasons to restrict public access under subsection (a) (l) , or if no legal impediment exists that requires a local government record to be withheld from public access, the head of the controlling government office shall classify the record as an open access record.

(c) However, if there are good reasons to restrict public access under subsection (a) (l) , or if a legal impediment so requires a local government record to be withheld from public access, the head of the controlling local government shall, having regard to any relevant standard or advice issued by the executive director determine whether it is necessary to restrict public access to the local government record for a specified period of time, but which shall not be for a period exceeding thirty (30) years or permit public access subject to the appropriate conditions.

(d) Despite subsection (c) , the head of the local government may, if there is good reason to do so, restrict public access to the local government record for one or more further specified periods not exceeding thirty (30) years for each further period.

(e) At any time, the head of the controlling local government, having regard to any relevant standard or advice issued by the executive director, may vary or withdraw a condition imposed.

(f) A local government record, subject to a restriction under subsection (c) , becomes an open access record on the withdrawal of the restriction.