Chapter 2.76
PUBLIC RECORDS
Sections:
2.76.030 Information available to the public.
2.76.040 Exemptions for particular records.
2.76.050 Regulation of time, place and manner of inspection of public records.
2.76.060 Response to requests for public records.
2.76.070 Custody, ownership and protection of records.
2.76.080 Retention, disposal and microfilming of public records.
2.76.010 Policy of the city.
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 Section 2.76.040 of this chapter. (Ord. 08-08 § 1 (part): prior code § 19B-1)
2.76.020 Definitions.
For purposes of this chapter:
A. “Document” means any method of storing information, including but not limited to handwriting, typewriting, printing, photocopying, photographing, electronically, and any other form of communication or reproduction, upon any medium, including but not limited to paper, electronic image storage device, magnetic or paper tape, photographic film or prints, magnetic or punched cards, discs, drums and phonographic records.
B. “Records” means any document containing information relating to the conduct of the people’s business which is prepared, owned, used or retained by the city, regardless of the physical form or characteristic of the document.
C. “Electronic record” means any information that is recorded in machine readable form which is created, manipulated, processed, stored, transmitted and destroyed digitally including e-mail.
D. “Records center” means a records depository maintained by the city clerk or the clerk’s designee for the storage and disposition of noncurrent records. (Ord. 08-08 § 1 (part): prior code § 19B-2)
2.76.030 Information available to the public.
Except as provided by Section 2.76.040 of this chapter, or by other provisions of local, state or federal law, the city shall make all public records open to inspection by any person subject to reasonable restrictions regulating the time, place and manner of inspection. The types of records and information open to public inspection pursuant to this chapter shall include but shall not be limited to the following:
A. Financial and operational cost information, including information as to revenues, expenditures, indebtedness, departmental budget requests and formal departmental recommendations in regard to project priority.
B. Information relating to contracts to which the city is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by the city, and information relating to the status of goods or services furnished pursuant to contract.
C. Regulatory, financial, assessment, and tax information concerning real property located within the city.
D. Information relating to city officers and employees, as follows:
1. The names and position titles of city officers and employees;
2. The position held by a city officer or employee;
3. Prior positions held by a city officer or employee;
4. The dates of appointment and separation of a city officer or employee;
5. Salary levels and fringe benefits accorded city officers and employees by law, including information in regard to the pay range and step grade of an employee or officer; and
6. Resumes for all applicants for city manager and department head positions.
E. Feasibility, management, cost effectiveness, and similar reports prepared by the city or for the city under contract, whether in draft or final form, when the reports are prepared with city or other governmental monies.
The foregoing enumeration of information available for public inspection is not designed to limit the categories of records and information that shall be made available to the public, nor is it designed to require disclosure of items specifically exempted from disclosure pursuant to Section 2.76.040 of this chapter. (Ord. 08-08 § 1 (part): prior code § 19B-3)
2.76.040 Exemptions for particular records.
This chapter shall not be construed to require disclosure of:
A. Confidential legal communications pursuant to Section 2.04.030 of this code;
B. City personnel, payroll or medical files, equal rights commission files or other files which reveal the financial or medical status of any specific individual, the release of which would constitute an unwarranted invasion of privacy except that the information specified in Section 2.76.030(D) shall be released upon request;
C.1. Police investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would:
a. Interfere with enforcement proceedings,
b. Deprive a person of a right to a fair trial or an impartial adjudication,
c. Constitute an unwarranted invasion of personal privacy,
d. 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, confidential information furnished only by the confidential source,
e. Disclose investigative techniques and procedures, or
f. Endanger the life or physical safety of law enforcement personnel.
2. Police investigatory records, however, 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;
D. The name, address, telephone number, or other identifying information about complainants in actions to enforce building, zoning, environmental or other laws, 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. 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;
F. Documents 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;
G. Health, mental health, medical, juvenile, and personality problem information obtained or prepared by the city, or in the city’s custody, with respect to any person for whom treatment or services were provided;
H. Blueprints and building plans required by city ordinance to be submitted to the building department or city engineer’s office may be inspected by the public, but may not be copied or released to the public;
I. Confidential public accommodation tax returns pursuant to Section 3.24.060 of this code;
J. Documents for which the city’s need for confidentiality outweighs the public’s right to know. (Ord. 08-08 § 1 (part): prior code § 19B-4)
2.76.050 Regulation of time, place and manner of inspection of public records.
A. Public records may be inspected only during regular business hours, Monday through Friday, excluding holidays, at City Hall.
B. Administrative and copying fees shall not exceed the actual cost to the city. No fee shall be charged when a person simply requests to inspect information which is readily accessible.
C. 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 requester.
D. This section does not require the city to expend time and effort to create a record or to compile information in order to comply with a request, but only concerns already collected information found in existing records. (Ord. 08-08 § 1 (part): prior code § 19B-5)
2.76.060 Response to requests for public records.
All requests for inspection and copying of city records shall be presented to the city clerk. The city clerk shall, consistent with the orderly conduct of city business, make a good faith and diligent effort to provide a prompt response to requests for inspection of records made pursuant to this chapter. To effect this policy, the following guidelines are adopted:
A. Information pursuant to this chapter shall be furnished promptly to the requesting party upon completion of a public documents request form to be provided by the city, unless the information requested is privileged or confidential pursuant to applicable federal, state or local law. If the city clerk considers the information to be privileged, the city clerk shall indicate on the request form the specific provision of applicable state, federal or local law exempting the requested information from disclosure. A copy of the form shall then be provided to the party requesting the information.
B. Any denial of a request for information or inspection of public records shall be appealable to the city council upon written notice filed with the city manager within seven days of the city clerk’s decision to not disclose the information.
C. All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records or information cannot be located in time to make a response within two working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records, a reasonable and diligent search shall be made for it. (Ord. 08-08 § 1 (part): prior code § 19B-6)
2.76.070 Custody, ownership and protection of records.
A. All records created in the course and furtherance of city business are the property of the city and shall not be removed from the city’s custody and control unless otherwise provided for by law.
B. At the end of his term of employment, a city official or employee shall deliver all city records in his possession to his supervisor or successor.
C. The city may initiate actions to recover records unlawfully removed from city possession.
D. City employees are prohibited from:
1. Disclosing information exempt from public disclosure to noncity employees without prior approval of the city manager or pursuant to lawful subpoena;
2. Inspecting or copying confidential information except in the course of their official duties;
3. Unauthorized altering of city records. (Ord. 08-08 § 1 (part): prior code § 19B-7)
2.76.080 Retention, disposal and microfilming of public records.
A. Record Retention Program. The city clerk shall prepare a record retention program and record retention schedule of records specifying the records to be:
1. Retained permanently;
2. Destroyed;
3. Disposed of routinely in the regular course of public business; and
4. Microfilmed.
The record retention schedule shall be adopted by resolution. The schedule shall list, with sufficient detail for identification, records without legal or administrative value or historical interest to be destroyed, or microfilmed, and periodically disposed of by the city in the regular course of public business. Any records to be destroyed shall be certified by the city clerk as having no legal or administrative value or historical interest. The city clerk shall promulgate regulations for the effective administration of the record retention program and record retention schedule.
B. Disposal of Records. The city council by resolution may authorize the disposal and method of disposal of the records listed in the record retention schedule found by the council to be without legal or administrative value or historical interest, including the periodic disposal of records in the regular course of business, and disposal of original records when microfilmed. The city clerk or the clerk’s designee shall dispose of the records to be destroyed by cremation or other means determined to be appropriate by the city clerk. Upon disposal, the city clerk shall file, in the city clerk’s office and in the department from which the records were drawn, a descriptive list of the records disposed of and microfilmed and a record of the disposal itself. The city clerk shall transmit copies of the list and record of disposal to the city council, and the filing in the office of the city clerk of the list and record of disposal shall constitute a filing and preservation by the council of these documents.
C. Microfilming. The council, in the resolution as to the record retention schedule, may authorize the substitution of microfilmed copies for any original records, including records to be periodically disposed of, and the disposal of these original records when microfilmed. Records pertaining to any claim and demand by the city or against it, or any account in which the city is concerned, either as a debtor or creditor, shall not be destroyed until the claim, demand or account has been settled and adjusted. A reproduction, print or enlargement from an authorized microfilm copy of an original record shall be considered as an original record for all purposes, including the introduction in evidence in any court or other legal or administrative proceedings. When microfilmed the original records may be destroyed or otherwise disposed of as provided in subsection B of this section. The microfilmed copies shall be kept in conveniently accessible and properly fireproofed and insulated files, cabinets or containers and shall be indexed, assembled and maintained for ready reference.
D. Electronic Records Retention, Preservation and Disposal. The city council by resolution shall establish internal procedures to comply with archive and records management policies for creation, use, maintenance, storage, retention preservation and disposition of city records in an electronic format. (Ord. 08-08 § 1 (part): prior code § 19B-8)