1-11-5. Public, private, controlled and protected records.

(1) Public records shall be those County records as defined in the Act, §63-2-301 (U.C.A. 1953, as amended), as public. Public records shall be made available to any person. All County records are considered public unless they are expressly classified otherwise in accordance with policies and procedures established by this ordinance and the Act, or are made non-public by the Act or other applicable law.

(2) Private records shall be those County records classified as "private", as defined in the Act §63-2-302 (U.C.A. 1953, as amended) and as classified and defined in procedures established pursuant to this ordinance and in accordance with the Act. Private records shall be made available to the following persons: The subject of the records, the parent or legal guardian of an un-emancipated minor who is the subject of a record, the legal guardian of an incapacitated individual who is the subject of the record, any person who has a power of attorney or a notarized release dated not more than 90 days prior to the request from the subject of the record or his legal representative, or any person possessed of and serving a legislative subpoena or a court order issued by a court of competent jurisdiction.

(3) Controlled records shall be those County records classified as "controlled", as defined in the Act, §63-2-303 (U.C.A. 1953, as amended) and as classified and defined in procedures established in this ordinance and in accordance with the Act. Controlled records shall be made available to a physician, psychologist, or licensed social worker who submits a notarized release dated not more than 90 days prior to the request from the subject of the record or any person presenting a legislative subpoena or a court order signed by a judge of competent jurisdiction.

(4) Protected records shall be those County records classified as "protected", as defined in the Act, §63-2-304 (U.C.A. 1953, as amended) and as classified and defined in procedures established in this ordinance and in accordance with the Act. Protected records shall be made available to the person who submitted the record, to a person who has power of attorney or notarized release dated not more than 90 days prior to the request from any persons or governmental entities whose interests are protected by the classification of the record, or to any person presenting a legislative subpoena or a court order regarding the release of the information and signed by a judge of competent jurisdiction.

(5) Under circumstances set out by the Act, it may be appropriate to disclose non-public County records to persons other than those set out in this section. The determination to so release records shall be at the discretion of the agency director or elected official or designee, consistent with the Act, and upon the advice of the County Attorney. (Ord. 95-19, 9/12/95; Ord. 92-5, 9/1/92)