|
|
Chapter 1.20
PUBLIC RECORDSSections:
1.20.010 Definitions.
1.20.020 Ownership and custody of records.
1.20.030 Duties of borough clerk/treasurer.
1.20.040 Public records – Inspection and copying.
1.20.050 Confidential records.
1.20.060 Retention and disposal.
1.20.070 Exemption for particular records.
1.20.080 Disclosure to litigants or their agents.
1.20.090 Response to requests for access to public records.
1.20.010 Definitions.
As used in this chapter, “record” means any document, record, paper, letter, file, book, account, check register, photograph, microfilm, microfiche, map, drawing, chart, card, magnetic media or computer printout, or other document of any material, regardless of physical form or characteristic, created or acquired under law or in connection with the transaction of official business and preserved or appropriate for preservation by the borough, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the borough or because of the information value in them. “Record” does not include extra copies of documents made or preserved solely for convenience of reference or for public distribution. [Code 1989 § 4-1.]
1.20.020 Ownership and custody of records.
A. All records shall be and remain borough property. Records shall be delivered by outgoing officials and employees to their successors as required by DBC 2.40.030 and shall be preserved, stored, transferred, destroyed, and otherwise managed only in accordance with the provisions of this chapter or as otherwise provided by law.
B. Borough records, or copies of borough records which have been certified by the clerk/treasurer, shall be prima facie evidence of their contents. [Code 1989 § 4-2.]
1.20.030 Duties of borough clerk/treasurer.
The clerk/treasurer shall be responsible for the administration and maintenance of the public records. The clerk/treasurer shall:
A. Compile and maintain an inventory of the public records, including those in the custody of other borough officials and employees, those which have been placed in storage or destroyed, and those which are confidential;
B. Establish and maintain a system for filing and retrieval of records, including procedures for keeping track of, retrieving, and refiling records which are temporarily removed from the permanent files for use by the clerk/treasurer, other borough officials or employees, or members of the public;
C. Develop a general schedule for the relocation of inactive records to a centralized location for storage, recording or duplication, or to the Alaska State Archive Program in the Department of Education as provided by AS 40.21.090, and for the destruction of records pursuant to DBC 1.20.060, while protecting the confidentiality of those records which are not open to public inspection pursuant to DBC 1.20.050;
D. Establish and maintain a system to allow inspection and copying of public records by members of the public while maintaining the confidentiality of those records which are not open to inspection pursuant to DBC 1.20.050; and
E. Secure and maintain at least one copy of the Alaska Statutes and make them available for public inspection. [Code 1989 § 4-3.]
1.20.040 Public records – Inspection and copying.
A. Except as provided in DBC 1.20.050, borough records are public records.
B. Public records are open to inspection by the public during the clerk/treasurer’s regular office hours, subject to reasonable rules relating to time, place, and manner of inspection, to be established by the clerk/treasurer. The clerk/treasurer shall give on request and payment of costs a copy or certified copy of portions of the public record. [Code 1989 § 4-4.]
1.20.050 Confidential records.
A. Except as otherwise provided by law, confidential records shall not be made available to the public or to any borough officer, official or employee whose duties do not require access to the record in question.
B. The following borough records are confidential:
1. Records of vital statistics and adoption proceedings, which shall be treated in the manner required by AS 18.50;
2. Records pertaining to juveniles;
3. Medical and related public health records;
4. Personnel records, except as provided in Chapter 2.40 DBC;
5. Other records required by federal or state law or regulation or by ordinance to be kept confidential. [Code 1989 § 4-5.]
1.20.060 Retention and disposal.
A. All borough records shall be retained until the assembly, in writing, authorizes their disposal. The retention and/or disposal schedule shall be in accordance with the Alaska Local Government General Records Retention Schedule.
B. The clerk/treasurer shall propose and the assembly shall by resolution or ordinance approve a records retention and disposal schedule dictating how long various categories of routine records shall be kept before they no longer have legal, administrative, or historical value and may be destroyed by the clerk/treasurer. The clerk/treasurer may dispose of routine records pursuant to the retention schedule.
C. The clerk/treasurer shall periodically review the borough records, including inactive documents in storage, to determine whether he or she considers any to be without legal, administrative or historical value. When the clerk/treasurer identifies such records, he or she may propose to the assembly that such records be destroyed. The clerk/treasurer’s proposal to the assembly shall include lists of these records sufficiently detailed to identify the records and to permit the assembly to determine whether the records retain any legal, administrative, or historical value, and shall also include the proposed means of disposal. If the assembly finds that certain records so identified by the clerk/treasurer are without legal, administrative, or historical value, it may authorize their disposal and specify the means by which they may be disposed of. With such authorization, the clerk/treasurer may dispose of the specified records in the manner approved by the assembly.
D. The clerk/treasurer shall file a descriptive list of the records disposed of and a record of the disposal itself. The clerk/treasurer shall provide copies of these documents to the assembly. [Code 1989 § 4-6.]
1.20.070 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 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. [Ord. 02-01 § 2; Code 1989 § 4-7.]
1.20.080 Disclosure to litigants or their agents.
If the person requesting to inspect borough records or 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. [Ord. 02-01 § 2; Code 1989 § 4-8.]
1.20.090 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 five 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 writing, stating the applicable law or rule of exemption, within five 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 five working days of receiving the request.
D. Records Cannot Be Located. If the records cannot be located in time to make a response within five 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. Original Records. Original records or information shall not leave the custody of the borough. [Ord. 02-01 § 2; Code 1989 § 4-9.]
|
|