2.120.070 Exemptions for particular records | Ketchikan Gateway Borough Code

2.120.070 Exemptions for particular records.

(a) This chapter shall not be construed to require disclosure of the following records or information which, by law, is required to be confidential:

(1) Records of vital statistics and adoption proceedings;

(2) Records pertaining to juveniles;

(3) Health, mental health, medical, juvenile and personality problem information obtained or prepared by the borough with respect to any person for whom treatment or services were provided;

(4) Records required to be kept confidential by a borough ordinance, a federal law or regulation or by state law; and

(5) Records required to be kept confidential under 20 U.S.C. 1232(g) and the regulations adopted thereunder in order to secure or retain federal assistance.

(b) This chapter shall not be construed to require disclosure of the following business and proprietary records or information:

(1) Trade secrets, patented and/or copyrighted material;

(2) Records held by the borough pertaining to any client, customer, tenant, operator, use or subscriber, the release of which would constitute an unwarranted invasion of privacy of that person or entity;

(3) Records of engineering, marketing, accounting or other technical or financial data, which, if released, would provide a competitive advantage to any other persons or business engaged in similar or related activities;

(4) Proprietary information which a manufacturer, consultant or provider reasonably expects to be kept privileged or confidential to protect the property interests of persons providing the information or data; and

(5) Personal information other than name and address given to the borough with the legitimate expectation of privacy in conjunction with licenses, permits or other borough services.

(1) Records or information compiled for law enforcement purposes, but only to the extent that the products 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 circumvention of the law; or

g. Could reasonably be expected to endanger the life or physical safety of an individual.

(2) Name, address, telephone number or other identifying information about complainants in actions to enforce building, zoning, environmental, animal protection or other borough 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.

(d) This chapter shall not be construed to require disclosure of the following personnel records or information:

(1) Borough personnel records, including examination materials; and medical records which reveal financial or medical status of any specific individual and, in addition, those records the disclosure of which would constitute an unwarranted invasion of privacy. This subsection does not protect from disclosure the following personnel information:

a. Employment applications and examination materials of borough officials appointed by the borough assembly;

b. The names and position titles of all borough employees;

c. The position held by a borough employee;

d. Prior positions held by a borough employee;

e. Whether a borough employee is in a collective bargaining unit;

f. The dates of appointment and separation of a borough employee; and

g. The compensation authorized for a borough employee. A borough employee has the right to examine the employee’s own personnel files and may authorize others to examine those files.

(2) Information which municipal governments engaged in collective bargaining regularly consider to be privileged or confidential for purposes of successful collective bargaining.

(e) This chapter shall not be construed to require disclosure of the following privileged records or information:

(1) Communications from the borough attorney which contain legal questions concerning potential, pending or actual litigation and any labor negotiation. This subsection does not protect from disclosure documents which were public records prior to the commencement of the litigation, and public records which are otherwise subject to disclosure by mere submission to the attorney. Any documents marked “confidential” which are submitted from the borough attorney’s office shall only be produced if the borough attorney so authorizes. However, when all causes of action have been resolved by final judgment or when further claims arising from the matter are otherwise barred, the borough manager may waive the attorney-client privilege by release of the documents. With respect to a person involved in litigation, the records sought shall be disclosed in accordance with applicable court rules; and

(2) 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.

(f) This chapter shall not be construed to require disclosure of records or information specifically prepared for or produced during a legally convened executive session; provided, however, that public records which are otherwise subject to disclosure may not be protected from disclosure by mere submission during an executive session. Further, once an executive session sound recording is made open to and available for public inspection under KGBC 2.10.160(d)(6), attorney-client privileged records or information specifically prepared for or produced during that executive session may be disclosed unless the borough attorney determines that a need remains to maintain the attorney-client privilege for those records, or the borough manager declines to waive the attorney-client privilege by releasing the documents.

(g) Notwithstanding subsections (a) through (f) of this section, any person or entity who applies for a loan, grant or other benefit under the borough’s economic development and assistance program under Chapter 4.25 KGBC is deemed to have consented to the public release of any and all financial records provided to the borough in connection with that application which are not provided under separate cover indicating that the information is confidential and identifying the documents as falling within one (1) or more of the following exemptions from disclosure:

(1) Income tax returns;

(2) Financial statements, profit-and-loss statements, and cash flow projections, except the information required by the authority to calculate debt service coverage on the loan;

(3) Financial business plans;

(4) Credit reports from consumer reporting agencies and other credit information obtained from banks, creditors, or other credit reporting entities;

(5) Trade secrets;

(6) Appraisals, except the name of the appraiser, the date of the appraisal, and the fair market value determined for the property appraised;

(7) Market surveys and marketing strategy information; and

(8) Any information required to be kept confidential by a federal law or regulation or by state law.

Any and all financial records provided to the borough in connection with an application under the borough’s economic development and assistance program under Chapter 4.25 KGBC which are not exempt under this section are considered public documents which may be made available for inspection and copying under KGBC 2.120.010.

(h) This chapter shall not be construed to prohibit the borough manager or designee from disclosing records or information identified as confidential or privileged in this chapter when, and to the extent, the borough manager determines such to be appropriate in the furtherance of the conduct of borough business.

Nothing in this section shall prevent an assembly member, the mayor, or an agent of the borough from reviewing information otherwise confidential under this section if that person has a valid borough purpose for reviewing the information and if the person agrees to maintain the confidentiality of the information. [Ord. No. 1684A, §§8 – 10, 9-16-13; Ord. No. 1126A, §2, 3-6-00; Ord. No. 974, §2, 8-21-95. Code 1974 §5.90.035.]

Editor’s Note: The code language amended by Ordinance No. 1684A applies only to executive sessions held after January 1, 2013.