1.80.010—1.80.040(a)
Chapter
1.80
PUBLIC
RELEASE OF RECORD
Sections:
1.80.030 Information available to the public.
1.80.050 Regulation of time, place and manner of
inspection of public records.
1.80.055 Litigation Disclosure.
1.80.060 Response to requests for public records.
1.80.010 Policy. It is the intention of the city to
provide prompt and reasonable access to non confidential public records
according to law so that the people of the city may be well informed at all
times as to municipal business. This chapter should be construed to require
disclosure of public records of the city as required by AS 40.25, subject to
the exceptions, exemptions, and privileges provided in this chapter, in AS
Chapter 40.25, or as otherwise provided by law. (Ord.
08-25(A-2), §1, 2008).
1.80.020 Definitions. For the purposes of this chapter:
a. "City
agency" means any department, division, board, commission, council, committee, or other instrumentality
of the City.
b. "Public records" has the same meaning as in AS 40.25.220. (Ord. 08-25(A-2), §1, 2008).
1.80.030 Information available
to the public. Except
as provided by
1.80.040
Records exempted. The following
records are confidential and exempt from disclosure to the public:
a. Communications between an attorney for
the city and the city, or any
agency, officer, employee, or representative of the city that are made
confidentially in the rendition of legal services to the city or to a city
agency, officer, or employee.
29
(Homer 09/08)
1.80.040(b)—1.80.040(d)(7)
b. Records
prepared by any attorney for the city in the rendition of legal services or
legal advice to the city or any agency, officer, employee or representative of
the city. Records that must
otherwise be disclosed because they are public and not subject to any
exemptions cannot be withheld on the sole ground that they have been submitted
to the city's attorney.
c. The
work product of an attorney for the city.
This includes, without limitation, documents, records and communications
prepared by or at the direction of the attorney containing a
legal opinion, memorandum or other work
product or information pertaining to any matter then in litigation or
where litigation may be threatened or
where a claim is asserted or may be threatened. This exemption does not
extend, however, to any documents, records or other written communications that were public prior to the commencement of litigation or claim. Records that must otherwise
be disclosed because they are public
and not subject to any exemptions cannot be withheld on the sole ground that they have been
submitted to the municipal city's attorney.
d.
All personnel and payroll records of city officers
and employees, including, without limitation, employment applications,
examination materials, other assessment
materials, disciplinary records, and performance evaluations; except the following, which may be disclosed:
1.
the employment application of
a city official appointed by the city council;
2.
the employment application
of the director of each department of the city, as defined in
3.
performance evaluations of a city official appointed by the city
council and department directors, but
only to the extent the performance evaluations relate to the
individual's job performance and do not impugn an individual's honesty, integrity, morality, reputation or character outside of
professional performance;
4.
the names
and position titles of all city employees;
5.
the
current and prior positions held by a city employee;
6.
the dates
of appointment and separation of a city employee; and
7. the
compensation rate authorized for a city official or employee, but the payroll
records and compensation actually paid to an official or employee shall not be
disclosed.
In the event
of a request for disclosure of items described in subparts 1, 2, and 3 of this
subsection d, the person(s) in question
will be notified at least five days
prior to release of such records.
30
(Homer 09/08)
1.80.040(e)--1.80.040(l)
e. Records or information compiled for law enforcement purposes,
but only to the extent that the production of the law enforcement records or
information:
1.
could
reasonably be expected to interfere with enforcement proceedings;
2.
would
deprive a person of a right to a fair trial or an impartial adjudication;
3.
could reasonably be expected to
constitute an unwarranted invasion of the personal privacy of a suspect,
defendant, victim, or witness;
4.
could
reasonably be expected to disclose the identity of a confidential source;
5.
would
disclose confidential techniques and procedures for law enforcement
investigations or prosecutions;
6.
would
disclose guidelines for law enforcement investigations or prosecutions if the
disclosure could reasonably be expected to risk circumvention of the law; or
7.
could
reasonably be expected to endanger the life or physical safety of an
individual;
f.
The name,
address, telephone number, email
address, or other information that would identify complainants in any formal or informal request that the city
take action to enforce any law,
ordinance or regulation, except as such disclosure may become necessary
to a fair and just disposition of the enforcement proceeding;
g.
The name, address, telephone
number, email address, usage, and billing data of any customer using city
services.
h.
Financial, engineering, technical specifications,
designs, or data from any person
that, if released, might provide a competitive advantage to any person,
engaged or potentially to be engaged in similar
or related activities;
i. Information obtained by and in the custody of the city's insurance providers and their agents, investigators and appointed attorneys
regarding existing and threatened
litigation and claims against the city. This includes
information that is provided by them to the city; records disclosing reserve
levels on litigation or claims against the city; records pertaining to the
evaluation and defense of any litigation or claims against the city; and risk
management files. "Insurance
providers" include any insurance company, self-insurance, or joint
insurance program;
j. Medical and
related public health records
concerning any person;
k. Records
pertaining to juveniles unless disclosure is authorized by law;
l. Records that are required or authorized to be kept confidential
by federal or state law or regulation, or by a protective order
authorized by law or regulation;
31
(Homer 09/08)
1.80.040(m)--1.80.050(a)
m.
Records that municipal governments
engaged in collective bargaining consider to be
privileged or confidential for purposes of successful collective bargaining;
n.
Records that are required or
authorized to be kept confidential by a privilege, exemption or other principle
recognized by law or the courts;
o. Any personal information concerning
any person the release of which could reasonably be expected to constitute an
unwarranted invasion of privacy;
p. Records that are proprietary,
privileged, or a trade secret in accordance with AS 43.90.150 or 43.90.220(e);
and proprietary information that a person reasonably requires to be kept
confidential to protect the property interests of the person providing the
information;
q. The names, address, or other
personal identifying information of people who have used the Homer Public
Library, in accordance with AS 40.25.140;
r. Records concerning deliberations
and drafts of decisions in quasi-judicial proceedings conducted by the city or
any city agency. The final decision
in a quasi-judicial proceeding is public;
s. When and for so long as necessary
to protect the interests of the city, competitive bids, proposals, quotes, and
similar offerings submitted to the city by any person in response to a request
or solicitation by the city. (Ord.
08-25(A-2), §1, 2008).
1.80.050 Regulations. The
City Manager shall establish regulations
for the operation and implementation of this chapter and the Council shall
review and approve such regulations.
Regulations adopted pursuant to this section shall be posted in a
conspicuous manner at City Hall. The regulations may include provisions as to the time, place, and
manner of inspection of records and may also include, but are not limited to:
a. The requirement of payment of reasonable fees for production of records,
including fees for statutorily authorized personnel costs required for search
and copying tasks. The fees shall not exceed the maximum fees allowed under AS 40.25.110. If the person is unable
to pay a required fee, and signs
an affidavit to the effect that he or she is unable to do so, the City
Manager may waive the fee. The
regulations may also provide for waiver of fees, to be uniformly applied among
persons similarly situated, when the cost is nominal or when the cost to
arrange for and collect payments exceeds the fee.
32
(Homer 09/08)
1.80.050(b)--1.80.070(c)
b. The form in which the specified
documents shall be made available. Documents need not be reproduced in the
exact form or medium in which they are stored. However, any alteration of the
form or medium of public records shall not change the substantive content of
the information contained in the public record. When the actual content is
changed, the nature of the change and why it was necessary shall be
communicated to the requestor.
c. The requirement that a request
adequately identify the record(s) in a written request.
d. Requirements for clarification or
narrowing of requests that are too vague or so broad as to make it difficult to
identify the information requested or to respond to the request with reasonable
effort at a reasonable cost.
e. Other provisions to implement this
chapter. (Ord. 08-25(A-2), §1,
2008).
1.80.055 Litigation Disclosure. If a
person requesting inspection of city records is involved in litigation, a quasi-judicial proceeding, or an appeal
involving the city or a city agency in any judicial or administrative forum,
the disclosure of records used for, included in, or relevant to that
litigation, proceeding or appeal is governed by the rules or orders of that
forum, and not by this chapter. In this section, "involved in
litigation" means being a
party to litigation, a quasi-judicial
proceeding or appeal, or
representing a party, including any
person obtaining records on behalf of the party. (Ord.
08-25(A-2), §1, 2008).
1.80.060 Response to requests
for public records. a. All requests for records shall be
approved or denied by the City
Manager. The manager or his designee shall, consistent with the orderly conduct
of city business, make a good
faith and reasonable effort to locate records that are adequately identified
in the request. The City Manager
will provide a reasonably prompt
response to each request.
a. If a request is denied or the requested records cannot be identified or
promptly located with good faith and reasonable effort, a brief written
explanation will be given. (Ord. 08-25(A-2), §1,
2008).
1.80.070 Appeals. a. Any denial of a request for inspection of records may be
appealed to the City Council by the
person making the request. An
appeal must be filed in writing within 30 days after the request is
denied. Failure to timely appeal
from a denial waives all rights of appeal.
b. The City Council will consider and
decide the appeal within 30 days.
c. An appeal from
the decision of the Council may be made
to the Superior Court within 30
days after the Council's decision is distributed to the parties. (Ord. 08-25(A-2), §1, 2008).
32-1
(Homer 09/08)