DENALI BOROUGH, ALASKA

ORDINANCE NO. 02-01

 

 

INTRODUCED BY: Assembly Member Jerry Mueller

 

AN ORDINANCE AMENDING DENALI BOROUGH ENABLING CODE, TITLE 1,CHAPTER 4, PUBLIC RECORDS.

 

            BE IT ENACTED by the Denali Borough, Alaska that:

 

            Section 1.     Classification.  This ordinance is of a general and permanent nature.

 

            Section 2.     Denali Borough Enabling Code, Title 1, Chapter 4, Public Records      is hereby amended as follows:

 

CHAPTER 4

PUBLIC RECORDS

           

            Sections:

1.)   Definitions

2.)   Ownership and custody of records.

3.)   Duties of Borough Clerk.

4.)   Public Records; Inspection and copying.

5.)   Confidential records.

6.)   Retention and disposal.

7.)   Exemption for Particular Records.

8.)   Disclosure to Litigants or their Agents.

9.)   Response to Requests for Access to Public Records.         

                                   

            Section 7.     Exemption for Particular Records.

           

            This chapter shall not be construed to require disclosure of:

 

A.     Communications between any borough department board, assembly or commission and the borough attorney’s office concerning pending or actual litigation;

 

B.     Files maintained by the borough attorney’s office concerning pending or actual litigation, or any document prepared in the provision of legal services or legal advice to the borough or the assembly, or any of its departments, boards, commissions, subdivisions, officers or employees by the borough attorney’s office;

 

C.    Personnel, payroll, medical files and other files which reveal the personal,             financial or medical status of any specific individual other than gross pay and average cost of benefits allocated in the budget except upon the specific written authorization of the individual concerned;

 

D.    The name, address, telephone number or other identifying information about complainants in actions to enforce borough ordinances;

 

E.     Records of engineering or other technical data which if released would provide a competitive advantage to any person or corporation engaged in similar or related activities;

 

F.     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;

 

G.    Information in which municipal governments engaged in collective bargaining consider to be privileged or confidential for purposes of successful collective bargaining;

 

H.     Information obtained by and in the custody of insurance carriers insuring the borough, and their attorneys and agents, regarding possible and pending claims against the borough, and records maintained in the borough regarding such claims;

 

I.         Health, mental health, medical or juvenile information obtained or prepared by the borough with respect to any person for whom treatment or services were provided;

 

J.      Personal information given to the borough with the legitimate expectation of privacy in conjunction with borough services;

 

K.     Records disclosing individual reserve levels on claims against the borough, or records or documents pertaining to any claims against the borough or school district, including, but not limited to, risk management files under any insurance or self-insurance program;

 

L.      Any record, nondisclosure of which is authorized by a valid Alaska or federal statute or regulation, or by a privilege, exemption or principal recognized by the courts, or by a protective order authorized by law.

 

            Section 8.     Disclosure to Litigants or their Agents.

 

If the person requesting to inspect borough records of the person’s      principal is in litigation with the borough in a judicial or administrative forum, disclosure of any borough records relevant to that litigation or reasonably likely to lead to the discovery of relevant evidence is governed by the rules or orders of that forum, and not by this chapter.

 

            Section 9.     Response to Requests for Access to Public Records.

 

All borough officers and employees shall, consistent with the orderly conduct of borough business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records made pursuant to this chapter. To effectuate this policy, implemented administrative procedures notwithstanding, the following guidelines are adopted:

 

A.     Request Referral--Records or Access to be provided.

 

1.      All requests to inspect or copy records shall be referred to the division or department head who is responsible for those records.

 

2.      The division, department head, or delegate, shall promptly and reasonably attempt to provide the records or information requested, or access thereto, within 5 working days of the request unless the information is exempt from disclosure, privileged or confidential.

 

B.     Request for Records Exempt from Disclosure.

 

1.      Where there is a question as to whether the information or records requested are exempt from disclosure, privileged or confidential, the request shall be referred to the mayor for a determination as to whether the material is subject to disclosure.

 

2.      If the information requested is determined to be exempt from disclosure, the person requesting the information shall be advised in a writing, stating the applicable law or rule of exemption, within 5 working days of receiving the request; such writing shall be signed by the department or division          head or delegate, or the mayor or the administrative officer, if applicable.

 

C.    Requests Insufficient to Describe Record Sought.

 

If the request is vague or so broad as to make it difficult to determine or identify the records of information requested, the employee shall so advise the requesting person within 5 working days of receiving the request.

 

D.    Records Cannot be Located.

 

If the records cannot be located in time to make a response within 5 working days of the request, the requesting party shall be promptly so advised; if the requesting party still desires the information or records, a reasonable and diligent search shall be made for them.

E.     Originals Records.

 

                        Original records or information shall not leave the custody of the borough.

 

 

            Section 3.     Effective Date.  This ordinance becomes effective upon adoption         by the Assembly and signature of the Mayor.

                                   

 

DATE INTRODUCED:  January 13, 2002

FIRST READING:  January 13, 2002

PUBLIC HEARING: May 19, 2002

 

           

PASSED and APPROVED by the DENALI BOROUGH ASSEMBLY this  19th day of May, 2002.

 

                 SIGNATURE ON FILE                      

Borough Mayor                                             

 

                 SIGNATURE ON FILE                        

Borough Clerk

ATTEST: