2.40.050 Exemptions for particular records.
A. The following city records are not subject to inspection or copying under this chapter:
1. Communications between any agency and the city attorney or other attorney engaged to represent the city which pertain to legal matters in actual or impending litigation. In addition, records privileged under the attorney/client or work-product privileges are included in this exception. However, this subsection does not protect from disclosure documents which were public records prior to the legal situation, and public records which are otherwise subject to disclosure may not be protected from disclosure by mere submission to the attorney.
2. Personnel, payroll or medical files or records, or other files or records that reveal the financial or medical status of any specific individual, the release of which would constitute an unwarranted invasion of privacy. This subsection does not protect from disclosure the following personnel information:
a. The names and position titles of all city employees;
b. The positions held by city employees;
c. Prior positions held by city employees;
d. Whether a city employee is in the collective bargaining unit;
e. The dates of appointment and separation of a city employee;
f. The salary and fringe benefits paid to any city employee. A city employee has the right to examine the employee’s own personnel files and may authorize others to examine those files.
3. Information which municipal governments engaged in collective bargaining regularly consider to be privileged or confidential for purposes of successful collective bargaining.
4. Records pertaining to juveniles unless disclosure is authorized by law.
5. Any records which are accorded confidential or privileged status by this code or which are accorded confidential or privileged status under state or federal law.
6. Records or information compiled by law enforcement purposes, but only to the extent that the production of the law enforcement records or information:
a. Could reasonably be expected to interfere with enforcement proceedings;
b. Would deprive a person of a right to a fair trial or an impartial adjudication;
c. Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
d. Could reasonably be expected to disclose the identity of a confidential source;
e. Would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
f. Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumventing of the law;
g. Could reasonably be expected to endanger the life or physical safety of an individual.
7. Name, address, telephone number or other identifying information about complainants in actions to enforce building, zoning, environmental, animal protection or other city ordinances or regulations. This subsection does not protect from disclosure the contents of the complaint, so long as the complainant is not identifiable; or the name of the complainant when such disclosure becomes necessary to fair and just disposition of the charge or complaint in enforcement proceedings.
8. City records containing information that would disclose or might lead to the disclosure of a component in the process used to execute or adopt an electronic signature, if the disclosure would or might cause the electronic signature to cease being under the sole control of the person using it.
9. Records or information pertaining to a plan, program or procedure for establishing, maintaining, or restoring security in the city, or to a detailed description or evaluation of systems, facilities, or infrastructure in the city, but only to the extent that the production of the records or information:
a. Could reasonably be expected to interfere with the implementation or enforcement of the security plan, program or procedures;
b. Would disclose confidential guidelines for investigations or enforcement, and the disclosure could reasonably be expected to risk circumvention of the law; or
c. Could reasonably be expected to endanger the life or physical safety of an individual or to present a real and substantial risk to the public health and welfare.
10. Bids submitted in response to a request for bids but only until such times as the bids are publicly opened.
11. Proposals submitted in response to a request for proposals but only until such time as the city council has approved or disapproved the recommended candidate.
12. Trade secrets and commercial or financial information the disclosure of which would be likely to cause substantial harm to the competitive position of the person from whom the information was obtained.
13. Proprietary information which a manufacturer, consultant or provider reasonably requires to be kept privileged or confidential to protect the property interests of persons providing the information or data.
14. 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.
15. Personal information other than name and address given to the city with the legitimate expectation of privacy in conjunction with licenses, permits or other city services.
16. Draft audit reports and supporting work papers until respective management officials have had the opportunity to review the draft audit findings for accuracy of fact and substance and provide written responses to the auditor. The maximum time allowed for this exemption will not exceed thirty (30) days from the date of the draft audit report. Financial audits are released after council acceptance.
17. Appraisals used in property negotiations, during such negotiations, unless the city manager determines it is in the best interest of the city to release the information to the other party.
18. Income tax returns, Social Security numbers, employer identification numbers, and similar personal data, unless release of the information is necessary in litigation or an administrative proceeding.
19. Any records otherwise subject to disclosure under this chapter if the requester or the requester’s principal is in litigation with the city or a city agency in a judicial or administrative forum. Disclosure of any records relevant to that litigation, or reasonably likely to lead to the discovery of relevant evidence, shall be governed by the rules or orders of that forum (to include AS 40.25.122) and not by this chapter.
20. Any other record and documents specifically exempted from disclosure by federal or state law or other city ordinance.
B. Nothing in this section shall prevent a councilmember or an agent of the city from reviewing information otherwise confidential under this section if that person has a valid city purpose for reviewing the information and if the person agrees to maintain the confidentiality of the information. [Ord. 16-10 § 2.]