Chapter 1.16
PUBLIC RECORDS AND PRIVACY1

Sections:

1.16.010    Borough policy.

1.16.020    Requests for records.

1.16.030    Disclosure policy and exemptions for particular records.

1.16.010 Borough policy.

It is the policy of the Fairbanks North Star Borough that:

A. All governmental units exist to aid in the conduct of the people’s business.

B. The people of this borough do not yield their sovereignty to the agencies which serve them.

C. The people, in delegating authority, do not give their public servants the right to decide what is best for the people to know and what is best for them not to know.

D. The people’s right to remain informed shall be protected so that they may retain control over the instruments they have created.

E. The people’s right to privacy as provided by the constitution is recognized and shall not be infringed.

F. It is the policy of the borough to provide the fullest and most rapid public access to municipal records and information so that the right to remain informed is protected. The records of the Fairbanks North Star Borough shall be open for public inspection unless the inspection infringes on a person’s right to privacy or is otherwise specifically prohibited by state or federal law or borough regulations. (Ord. 79-65 § 2, 1979. 2004 Code § 2.60.010.)

1.16.020 Requests for records.

A. All municipal officers and employees shall, consistent with the orderly conduct of municipal 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 effect this policy, the mayor shall establish administrative procedures.

B. In the event an individual requests information and is refused, the individual shall be notified in writing within five working days of his right to appeal the decision to the borough attorney.

C. If not satisfied with the ruling of the borough attorney, the individual shall be notified in writing within five working days of his right to appeal to the borough assembly, which shall be the final authority.

D. An appeal provided for in this section shall be filed within 30 days of the date of the written notification. (Ord. 2010-26 § 2, 2010; Ord. 79-65 § 2, 1979. 2004 Code § 2.60.020.)

1.16.030 Disclosure policy and exemptions for particular records.

It is the policy of the borough to disclose all public records filed with the borough unless those records are specifically excluded in this section. Unless necessary to the fair and just disposition of a charge or complaint in enforcement proceedings, the following records may be excluded from disclosure:

A. Personal information (other than name, address and published telephone number).

B. The identity of the victim in an animal bite case or misdemeanor.

C. Records defined as “not public records” and therefore exempt or excluded from disclosure requirements under AS 40.25.120 or other applicable law.

D. The disclosure could constitute an unwarranted invasion of personal privacy.

E. Documents which are confidential by law or are covered by a legal privilege including attorney client communications.

F. Documents relevant to litigation and sought by a party to litigation or a person acting on their behalf shall not be disclosed except in accordance with the rules of procedure applicable in a court or an administrative adjudication. (Ord. 2016-60 § 3, 2016; Ord. 2012-05 § 2, 2012. 2004 Code § 2.60.030.)


1

Prior legislation: Ord. 91-033.