Chapter 2.50
CITY RECORDS
Sections:
2.50.030 City records declared public property.
2.50.040 Records subject to inspection and copying.
2.50.050 Exceptions to inspections and copying of City records.
2.50.060 Records related to litigation.
2.50.070 Request for records – Response by City.
2.50.080 Fees for record requests.
2.50.090 Records and information management program (RIM).
2.50.010 Policy.
It is the policy of the City to provide access to public records and information so that the right of the people to remain informed is protected. In enacting this measure, the City Council recognizes the competing interests of personal privacy as well as the need for confidentiality in limited areas of City affairs, and the right of the public to have access to information concerning the conduct of the people’s business. In balancing these interests, this chapter shall be construed to require disclosure of all public records in the possession or control of the City, except those specifically exempted under HMC 2.50.050. (Ord. 16-04 § 5, 2016)
2.50.020 Definitions.
For the purposes of this chapter:
“City” means any department, division, office, board, commission, agency, or other instrumentality of the City of Houston, Alaska.
“City record” means an item, regardless of form or physical characteristics, that is developed or received by the City or by a private contractor for the City, and that is preserved for its informational value or as evidence of the organization or operation of the City; “City record” does not include a proprietary software program.
“Confidential information” means information, the disclosure of which is restricted by a City, state or federal law, ordinance, regulation, rule or judicial decision.
“Historical value” means records that the City has determined will be useful at a later date in reconstructing a general history of the development and governance of the City.
“Record series” means any group of identical or related records which are normally used and filed as a unit and which is evaluated as a unit for retention scheduling purposes.
“Records and information management program (RIM)” means a program or policy that establishes citywide policies, relating to all City records and information management. This program covers all records created or received by the City.
“Records retention and disposition schedule (RRDS)” means a concise guide for the management of City specific record series and provides for the prompt and orderly disposition of records no longer possessing administrative, legal or financial value; and identifies records that have permanent historical value.
“Requester” means a person who submits a request to the City to inspect or obtain a copy of any City record.
“Vital records” means those records necessary to assure continuance of essential governmental operations to protect the legal and financial operation of the City in the event of disaster or catastrophic loss of the City’s records. (Ord. 16-04 § 5, 2016)
2.50.030 City records declared public property.
A. All City records are property of the City. Unless otherwise authorized or required by law, no person shall:
1. Deface, alter or destroy any City record;
2. Remove any City record from the City’s possession;
3. Disclose confidential information contained within any City record;
B. In addition to any other penalty provided by law, violation of subsection (A) of this section by a City employee may be cause for disciplinary action. (Ord. 16-04 § 5, 2016)
2.50.040 Records subject to inspection and copying.
A. Except as otherwise provided by ordinance, or by any other provision of state or federal law, the City shall make City records open to reasonable inspection during regular business hours.
B. Nothing in this chapter requires the City to create, compile, summarize, outline, or in any other way create information from existing City records in order to comply with a request to inspect City records.
C. The City is not required to produce public records for inspection, or to copy records, in the exact medium they are stored; provided, that the substantive content of the information contained within the record is not altered. In the event that the substantive content of a record is altered, a written statement explaining the nature of the change and why such change was necessary shall be issued to the requester. (Ord. 16-04 § 5, 2016)
2.50.050 Exceptions to inspections and copying of City records.
This chapter shall not be construed to require disclosure of:
A. Any privileged communication between the City Attorney and the City;
B. Files maintained by the City Attorney concerning pending or actual litigation or any document prepared in the provision of legal services or legal advice to the City;
C. City personnel, payroll, or medical files, or other files that reveal the financial or medical status of any specific individual, the release of which would constitute an unwarranted invasion of privacy, except for the following information:
1. The names and position titles of City officers and employees, including any prior positions held;
2. The dates of appointment and separation of a City officer or employee;
3. Salary levels and fringe benefits of City officers and employees accorded by law, including information in regard to the pay range and step grade of an employee or officers;
4. Resumes for all applicants for department head positions;
D. The name, address, telephone number or other identifying information about persons making complaints in actions to enforce City ordinances or regulations;
1. This subsection does not prohibit disclosure of the contents of the complaint, so long as the complainant is not identifiable;
2. This subsection does not prohibit disclosure of the name of the complainant when such disclosure becomes necessary to fair and just disposition of the charge or complaint in enforcement proceedings;
E. Bids or proposals submitted to the City as part of a procurement process governed by HMC 4.10.110 and 4.10.120, unless the City has issued a notice of intent to award;
F. Proprietary information which a manufacturer, consultant, contractor or supplier of goods and services reasonably requires to be kept privileged or confidential to protect the interests of persons providing the information or data;
G. Information which municipal governments engaged in collective bargaining consider privileged or confidential for the purpose of successful collective bargaining;
H. Information obtained by and in the custody of insurance carriers insuring the City, and their attorneys and agents, regarding possible and pending claims against the City, and records maintained in the City regarding such claims;
I. Records concerning the predecisional deliberative process in any quasi-judicial proceeding conducted by the City;
J. Any record, nondisclosure of which is authorized by a valid Alaska or federal statute or regulation, or by privilege, exemption or principle recognized by the courts, or by a protective order authorized by law;
K. Police records compiled for law enforcement purposes, but only to the extent that the records would:
1. Interfere with enforcement proceedings;
2. Deprive a person of a right to a fair trial or an impartial adjudication;
3. Constitute an unwarranted invasion of privacy of a suspect, defendant, victim, or witness;
4. Disclose the identity of a confidential source and in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation;
5. Disclose investigation techniques and procedures;
6. Endanger the life or physical safety of law enforcement personnel.
Police records may be released to other governmental agencies if necessary to the proper administration of justice. Police information practices in regard to obtaining criminal justice information and record inquiries shall be governed by the provisions of Alaska Statutes 12.62.110 et seq., and the regulations promulgated thereunder;
L. Confidential tax information, pursuant to Chapter 4.20 HMC;
M. Documents for which the City’s need for confidentiality outweighs the public’s right to know. (Ord. 16-04 § 5, 2016)
2.50.060 Records related to litigation.
If a person requesting inspection of City records is involved in litigation, a quasi-judicial proceeding, or an appeal involving the City 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. 16-04 § 5, 2016)
2.50.070 Request for records – Response by City.
A. All requests to inspect City records shall be submitted in writing to the City Clerk, on a form provided by the City, along with any applicable fee. In the event that a requester is unable to submit a written request due to a physical or mental disability, the City Clerk shall either assist the requester in preparing a written request, or treat the oral request as a written request.
B. All requests for records shall be approved or denied by the City Clerk.
C. The City Clerk shall refer all approved requests to the department head responsible for maintaining those records to which the request is applicable. The City Clerk or designee shall, consistent with the orderly conduct of City business and the records and information management program, make a good faith and reasonable effort to locate records that are adequately identified in the request.
1. The department head shall respond as follows:
a. If a City record is subject to inspection under this chapter and is readily available, the department head shall forward the record to the City Clerk. The City Clerk shall at the time the request is made permit the requester to inspect the City record, and/or provide the requester with a copy of the record.
b. If the requested City record is subject to inspection under this chapter but the record is either not immediately available or staff resources of the department are not sufficient to respond to the request when it is made, the department head shall notify the City Clerk.
c. Original records shall not leave City custody.
D. The City Clerk must determine whether the City record is subject to inspection under this chapter. Within 10 business days after receiving the request the City Clerk shall either:
1. Make the City record available to the requester for inspection, or provide the requester with a copy of the record, as requested; or
2. Notify the requester in writing that the City record is not subject to inspection, including a citation to the provision of City, state or federal law that authorizes or requires the City to withhold the record, or the date upon which the record was destroyed in accordance with the City’s adopted records retention schedule.
E. The City Clerk may extend the initial 10-business-day period established under subsection (D) of this section for a period not to exceed 10 additional business days by providing notice to the requester within the initial 10-business-day period. The notice must state the reason for the extension and the date by which the City Clerk expects to be able to furnish the requested record or to issue a determination that the record is not subject to disclosure.
F. Any denial of a request for information or inspection of the City record shall be appealable to the City Council upon written notice filed with the Mayor within seven days of the City Clerk’s decision. (Ord. 16-04 § 5, 2016)
2.50.080 Fees for record requests.
The fee for copying City records is established under the Houston fee schedule as recommended by the City Clerk and approved by Council. The fees shall not exceed the maximum fees allowable under Alaska Statute 40.25.110. (Ord. 16-04 § 5, 2016)
2.50.090 Records and information management program (RIM).
A. The records and information management program (RIM) ensures the City of Houston is able to identify, store and retrieve records to ensure that records are managed in an efficient and effective way while complying with federal, state, and City requirements. The process ensures that records that have outlived their usefulness are destroyed, in accordance with the City’s records retention and disposition schedule.
B. Overall accountability for the City’s RIM program lies with the City Clerk, as directed by the Mayor. The City Clerk’s duties and responsibilities with respect to the RIM program include, but are not limited to:
1. Establishing policies for the operation and implementation of this chapter and a Citywide RIM program;
2. Implementing best industry practice for the management of all City records regardless of their format;
3. Reporting annually to the Council with respect to the program’s effectiveness and its cost to the City;
4. Preparing and reviewing the City’s records retention and destruction schedule (RRDS) for compliance with applicable legal requirements, and making recommendations to the Council regarding amendments to the program, which shall be approved by resolution of the Council;
5. Approving the destruction of City records;
6. Creating, implementing, and managing the RIM program to ensure the objectives are achieved through the training of department heads, and through regular program reviews to ensure continuous improvement;
7. Notifying all City employees of litigation holds and releases for City records upon potential suspicion of litigation, or subpoena of City records;
8. Providing records management advice and assistance to all City officers and departments;
9. Preparing and approving records management policies and procedures;
10. Establishing, in cooperation with other City officials, a disaster plan for each department to ensure maximum availability of records for re-establishing operations quickly and with minimum disruption and expense; and
11. Developing procedures to ensure the permanent preservation of historical and vital records of the City. (Ord. 16-04 § 5, 2016)