Chapter 2.64
DOCUMENTS, REPORTS AND RECORDS

Sections:

2.64.010    Documents – Assent – Approval – Attestation.

2.64.020    Documents to file with the state.

2.64.030    Retention, disposal and electronic media storage of public records.

2.64.040    Disclosure of records.

2.64.010 Documents – Assent – Approval – Attestation.

All legal documents requiring the assent of the borough shall be:

A. Approved by the borough assembly when required by code;

B. Signed by the mayor or manager on behalf of the borough;

C. Attested to thereon by the clerk;

D. Approved thereon as to substance by the manager; and

E. Approved thereon as to form by the borough attorney, unless otherwise provided by state law, borough ordinance or directed by the manager. (Ord. 10-05-230 § 4)

2.64.020 Documents to file with the state.

The borough shall file with the State Department of Community and Economic Development or its successor agency:

A. Maps and descriptions of all annexed or excluded territory;

B. A copy of an audit or statement of annual income and expenditures;

C. Tax assessment figures as requested;

D. Reports relating to long-term debt as provided in Alaska Statutes.

2.64.030 Retention, disposal and electronic media storage of public records.

A. Record Retention Program – Records Retention Schedule. The clerk shall prepare a schedule of records specifying the records to be:

1. Retained permanently or for a specific period;

2. Destroyed;

3. Disposed of routinely in the regular course of public business; and

4. Stored in electronic form.

The records retention schedule shall list, with sufficient detail for identification, records without legal or administrative value or historical interest to be either destroyed or stored electronically and periodically disposed of by the borough in the regular course of the public business. Any records to be destroyed shall be certified by the clerk as having no legal or administrative value or historical interest. The manager shall promulgate regulations for the effective administration of the records retention program and the record retention schedule.

B. Disposal of Records. The assembly, by a majority vote, may authorize the disposal and method of disposal of the records listed in the records retention schedule found by the assembly to be without legal or administrative value or historical interest, including the periodic disposal of records in the regular course of public business, and of disposal of original records when electronically stored. The clerk or the clerk’s designee shall dispose of the records to be destroyed by cremation or other means determined to be appropriate by the clerk. Upon disposal, the clerk shall file in the clerk’s office and in the department from which the records were drawn, a descriptive list of the records disposed of and electronically stored and a record of the disposal itself. The clerk shall transmit copies of the list and record of disposal to the assembly, and the filing in the office of the clerk of the list and record of disposal shall constitute a filing and preservation by the assembly of these documents.

C. Electronic Record Storage. The assembly in the record retention schedule may authorize the substitution of electronic copies for any original records, including records to be periodically disposed of, and the disposal of these original records when electronically stored. Records pertaining to any claim and demand by the borough or against it, or any account in which the borough is concerned, either as debtor or creditor, shall not be destroyed until the claim, demand or account has been settled and adjusted. A reproduction, print or enlargement from an authorized electronic copy of an original record shall not be destroyed until the claim, demand or account has been settled and adjusted. A reproduction, print or enlargement from an authorized electronic copy of an original record shall be considered as an original record for all purposes, including the introduction in evidence in any court or other legal or administrative proceedings. When electronically stored, the original records may be destroyed or otherwise disposed of as provided in this subsection. When electronically stored, any original record of historical interest may be turned over to the borough library or museum for display or otherwise. The electronically stored copies shall be kept in conveniently accessible and properly fireproofed and insulated files, cabinets or containers, and shall be indexed, assembled and maintained for ready reference.

D. Definitions. As used in this section, the words “record” or “records” include any paper, book, photograph, computer disk or other electronic format documents, sound recording, map, blueprint, drawing or other document or memorandum which has been placed in the custody or under the control of or filed with any department, agency, board, committee, commission, officer or employee of the borough, except materials made, acquired and kept for public reference, use, exhibition and examination by the borough library or museum, extra copies of documents preserved only for convenience or reference and stocks of published or processed documents.

2.64.040 Disclosure of records.

All records and accounts of every office, department and agency of the borough shall be open to inspection by any person at all reasonable times and under reasonable regulations established by the manager except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish and except such records as are required by state law or borough ordinance or code to be kept confidential. Each department head shall be held responsible for the preservation of all public records under their jurisdiction and shall provide a system of filing and indexing the same. See also HBC 2.24.030. (Ord. 17-10-481 § 8)