CHAPTER 1.50: ACCESS TO PUBLIC RECORDS
Section
1.50.020 Definitions [Repealed]
1.50.030 Information available to the public
1.50.040 Exemptions for particular records
1.50.050 Departmental regulation of time, place and manner of inspection of public records
1.50.060 Response to requests for public records
1.50.005 DEFINITIONS.
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
• “Borough” means any department, division, board, commission, employee, official, appointee, volunteer, or private contractor that has custody of public records.
• “Records” means recorded information, regardless of medium or characteristics, made or received by an organization that is useful in the operation of the organization. Records include all books, papers, photographs, maps, or other documentary materials, regardless of physical form or characteristics, made or received for legal operational purposes in connection with the transaction of business. In database applications, a group of related fields describing one occurrence in the file.
(Ord. 04-081, § 50, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 89-167, § 2 (part), 1989)
1.50.010 BOROUGH POLICY.
(A) This chapter shall be liberally construed to require full disclosure of all public records in the possession or control of the borough, except those specifically exempted under MSB 1.50.040 or A.S. 40.25.100, et seq.
(Ord. 04-081, § 51, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord 89-167, § 2 (part), 1989)
1.50.020 Definitions. [Repealed by Ord. 94-001AM, § 2 (part), 1994 and recodified as MSB 1.50.005]
1.50.030 INFORMATION AVAILABLE TO THE PUBLIC.
(A) Except as provided by MSB 1.50.040, or by other provisions of municipal, state or federal law, the borough shall make all public records open to inspection by any person subject to guidelines regulating the time, place and manner of inspection adopted by the manager pursuant to MSB 1.50.050. The types of records open to public inspection shall include, but shall not be limited to the following:
(1) financial and operational cost information, including information as to revenues, expenditures, indebtedness, department budget requests and formal departmental recommendations related to project priority;
(2) information relating to contracts to which the borough is a party, including payments provisions, information relating to bids and requests for proposals received or solicited by the borough, and information relating to the status of goods or services furnished pursuant to contract;
(3) regulatory, financial, assessment and tax information concerning real property located within the borough;
(4) salary levels and fringe benefits accorded borough officers and employees by law, including information relevant to the pay range and step grade of an employee or officer, and statistical analyses or compilations relating to borough practices and policies concerning compensation for various occupational groups, departments and divisions; and
(5) feasibility, management, cost effectiveness and similar reports prepared by the borough or for the borough under contract when the reports are prepared with borough or other government funds.
(B) Where there is no express policy governing the release of a particular record, as defined above, the record shall be released providing its release does not conflict with protected privacy rights.
(Ord. 04-081, § 52, 2004; Ord. 94-001AM, § 2 (part), 1994; Ord. 89-167, § 2 (part), 1989)
1.50.040 EXEMPTIONS FOR PARTICULAR RECORDS.
(A) This chapter shall not be construed to require disclosure of:
(1) communications between the borough and the attorney’s office which are subject to the attorney/client privilege;
(2) personnel, payroll or medical files, or other files which may reveal the financial or medical status of any specific individual, the release of which would constitute an unwarranted invasion of privacy or a violation of law (Note: The Health Insurance Portability and Accountability Act (HIPAA) specifically prohibits the disclosure of personal medical information and personal identifying information by health care providers without the patient’s written consent);
(3) [Repealed by Ord. 07-099, § 2, 2007]
(4) appraisals used in property negotiations during such negotiations;
(5) [Repealed by Ord. 04-081, § 53, 2004]
(6) [Repealed by Ord. 04-081, § 53, 2004]
(7) proprietary information which a manufacturer, consultant or provider reasonably requires to be kept privileged or confidential to protect the property interests of persons or entities providing the information or data;
(8) information used in negotiating collective bargaining agreements;
(9) information obtained by and in the custody of the borough insurance carriers regarding possible and pending claims against the borough; or
(10) personal information other than name and address given to the borough with the legitimate expectation of privacy in conjunction with licenses, permits or other borough services; or
(11) any information required to be kept confidential by a federal law or regulation or by state law. See A.S. 40.25.120.
(B) Unless the records are a matter of public record before submission to the borough, the following records shall be kept confidential upon the written request of the person supplying the information:
(1) income tax returns;
(2) financial statements, profit-and-loss statements and cash flow projects, except the information required by the borough to calculate debt service coverage on the loan;
(3) financial business plans;
(4) credit reports from consumer reporting agencies and other credit information obtained from banks, creditors, or other credit reporting entities;
(5) trade secrets;
(6) appraisals, except the name of the appraiser, the date of the appraisal, and the fair market value determined for the property appraised;
(7) market surveys and marketing strategy information;
(8) information compiled by the borough from information described in this section.
(C) Information in the possession of the Matanuska-Susitna Borough Assessment Division that discloses the particulars of the business or affairs of a taxpayer or other person is not a matter of public record, except as provided in A.S. 43.05.230 or for purposes of investigation and law enforcement. The information shall be kept confidential except when its production is required in an official investigation, administrative appeal concerning a tax assessment, or court proceeding. These restrictions do not prohibit the publication of statistics presented in a manner that prevents the identification of particular reports and items, prohibit the publication of tax lists showing the names of taxpayers who are delinquent and relevant information that may assist in the collection of delinquent taxes, or prohibit the publication of records, proceedings, and decisions related to an administrative appeal concerning a tax assessment.
(Ord. 09-022, §§ 2, 3, 2009; Ord. 07-099, § 2, 2007; Ord. 05-050, § 2, 2005; Ord. 04-081, § 53, 2004; Ord. 01-115(AM), § 2, 2001; Ord. 94-001AM, § 2 (part), 1994; Ord. 89-167, § 2 (part), 1989)
1.50.050 DEPARTMENTAL REGULATION OF TIME, PLACE AND MANNER OF INSPECTION OF PUBLIC RECORDS.
(A) The manager shall adopt borough regulations for each borough department as to the time, place and manner of inspection of public records held by the borough. The regulations may also provide:
(1) that a fee may be required. The fee shall not exceed the actual cost to the borough. No fee shall be charged when a person simply requests access to the information;
(2) that 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; and
(3) that the regulations may also provide the hours the records may be inspected.
(B) Regulations adopted pursuant to this section shall be posted in a conspicuous manner at the place designated for inspection of each department’s or agency’s documents.
(Ord. 94-001AM, § 2 (part), 1994; Ord. 89-167, § 2 (part), 1989)
1.50.060 RESPONSE TO REQUESTS FOR PUBLIC RECORDS.
(A) All requests for records and information shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within ten business days of the request, the requesting party shall be promptly advised in writing, and if the requesting party still desires the information or records, a reasonable and diligent search shall be made for the information or records.
(B) If the information requested is confidential, the requestor shall receive a letter denying the request and the reasons for denial. A copy of the letter shall also be provided to the borough manager.
(C) [Repealed by Ord. 04-081, § 54, 2004]
(Ord. 05-193, § 2, 2005; Ord. 04-081, § 54, 2004; Ord. 02-087AM, § 2, 2002; Ord. 94-001AM, § 2 (part), 1994; Ord. 89-167, § 2 (part), 1989)