HOMER,
Novak
ORDINANCE 08-25(A-2)
AN ORDINANCE REVISING HOMER
WHEREAS, Access to information about
the operations of government is important to the citizens in an elective,
representative system of government; and
WHEREAS, In the course of governing
a local government acquires much information that should or must be kept
confidential to protect personal privacy interests, law enforcement activities,
proper decision making functions of the government, sensitive financial
interests of the government and other persons, and for other reasons; and
WHEREAS, The Homer City Code
provisions are in need of revision to more clearly delineate procedures for
requests and responses to requests for disclosure of information in the custody
of the city, and to more fully define what information is exempt from
disclosure.
Section 1. Homer City Code Chapter 1.80 is hereby
amended to read in its entirety as follows:
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.
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.
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.
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.
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;
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;
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.
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.
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.
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.
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.
Section 2. This ordinance is of a permanent and
general character and shall be included in the City code.
ENACTED BY THE
_____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
_____________________________
JO JOHNSON,
AYES:
NOES:
ABSTAIN:
ABSENT:
First
Public Hearing:
Second
Effective Date:
Reviewed and approved as to form:
_____________________________ ___________________________
Walt Wrede, City Manager Gordon
J. Tans, City Attorney