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Home My WebLink AboutOrd2005-006Pulled by Administration January 23, 2006 Sponsored by: CorbridgeDate: ' December 12,2005Action: Introduced, Amended and Set for Public HearingPublicHearing: January 9,2006Action: Postponed to January 23,2006Action: Pulled from Agenda, January 23, 200p- CITY OF SEWARD, ALASKA ORDINANCE 2005-006 AN ORDINANCE AMENDING SEWARD CITY CODE S2.05.030, MAINTAINING CONFIDENTIALITY OF INFORELATEDTOCOMPETITIVEBIDDERSANDPROPOSERS WHEREAS, the City of Seward recognizes the importantinformationconcerningtheconductofthepeople's business; and / right of access to WHEREAS, the City also recognizes that certain re rds must remain confidential toprotectrightsofotherpersonsortoprotectpublicresources' and WHEREAS, certain information may be nfidential only for a period, and suchinformationshouldbemadepubliclyavailablewnenthecircumstancescreatingtheneedforconfidentialitynolongerexist; and // WHEREAS, information relatingXo bidders and proposers may adversely impact the useofpublicfundsifmadepublicpriortoJl6ticeofanintenttoaward. 1/' NOW, THEREFORE, J'HE CITY COUNCIL OF THE CITY OF SEWARD,ALASKA, HEREBY ORDA~ that: Section 1. Seward yhy Code Section 2.05.030 is hereby amended as follows: Strikeout = delete Bold = new 2.05.030 Exemption for particular records. A. This chapt shall not be construed to require disclosure of the following records orinformationwhic , by law, are required to be confidential: 1. reco s of vital statistics and adoption proceedings; 2. re rds pertaining to juveniles; 3. ealth, mental health, medical, juvenile and personality problem information obtainedorprepar (l by the city with respect to any person for whom treatment or sen:ices were provided;records required to be kept confidential by a federal law or regulatIOn or by state la.w;5. records required to be kept confidential under 20 V.S.C. 1232g and the regulatIOnsad<>pted thereunder in order to secure or retain federal assistance. CITY OF SEWARD, ALASKA ORDINANCE 2005-06 B. This chapter shall not be construed to require disclosure of the followjrig business and proprietary records or information: / 1. trade secrets, patented and/or copyrighted material; 2. records held by the city or any public utility pertaining to any Jfient, customer, tenant, operator, user or subscriber, the release of which would constitute at,)/unwarranted invasion of privacy of that person or entity; / 3. records of engineering, marketing, accounting or otl}er technical or financial data, which, if released, would provide a competitive advantage tQ/ any other persons or business I engaged in similar or related activities; / . 4. proprietary information which a manufacturerl consultant or provider reasonably expects to be kept privileged or confidential to protect the-,property interests of persons providing the information or data; and / f 5. personal information other than name and)lddress given to the city with the legitimate expectation of privacy in conjunction with licenses/permits or other municipal services. 6. any information (including nu.,.ser of persons or identifying information) regarding persons who submit bids or prq,posals to the city, in response to a competitive procurement process under Title 6 of tl)ts code, provided that such information may be available for public inspection after a nptice of intent to award has been issued by the city. C. This chapter shall not be c9fl.strued to require disclosure of the following law enforcement records or information: ./ ....." 1. records or information impiled for law enforcement purposes, but only to the extent that the products of the law enfor~ement records or information a. could reasonably,lie expected to interfere with enforcement proceedings; b. would deprive ;rperson of a right to a fair trial or an impartial adjudication; c. could reasomilily be expected to constitute an unwarranted invasion of the personal privacy of a sllspect, defendant, victim, or witness; d. could reas6nably be expected to disclose the identity of a confidential source; e. would . disclose confidential techniques and procedures for law enforcement investigiidions or prosecutions; f. wOll;ltl disclose guidelines for law enforcement investigations or prosecutions if the disclosure could be expected to risk circumvention of the law; or g. ,lould reasonably be expected to endanger the life or physical safety of an iIfdividual; 2. Jiame, address, telephone number or other identifying information about complainants in actio~ to enforce building, zoning, environmental or other municipal ordinances or regulati~ns. 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. CITY OF SEWARD, ALASKA ORDINANCE 2005-06 D. This chapter shall not be construed to require disclosure of the following personnelrecordsorinformation: 1. city personnel records, including employment applications and examination materials, payroll and medical records which reveal the financial or medical status ,6f any specificindividualand, in addition, those records the disclosure of which wotlld constitute anunwarrantedinvasionofprivacy. This subsection does not protect from di~losure the followingpersonnelinformation: / / a. employment applications and examination materials of city officials appointed bythecitycouncil; b. the names and position titles of all city employees; / . c. the position held by a city employee; / d. prior positions held by a city employee; e. whether a city employee is in a collective byrgaining unit; f. the dates of appointment and separation oRa city employee; and g. the compensation authorized for a ci~/~mployee. A city employee has the right to examine the employee's own personyel files and may authorize others to examinethosefiles. /. 2. information which municipal gov~l11ents engaged in collective bargaining regularlyconsidertobeprivilegedorconfidentialf9l" purposes of successful collective bargaining.E. This chapter shall not be con~ed to require disclosure of the following privilegedrecordsorinformation: / 1. communications be~we any agency and the city attorney which contain legalquestionsconcerningpotential, ending or actual litigation: This subsection does not protectfromdisclosuredocumentsthawerepublicrecordspriortothecommencementofthelitigation,and public records that are otherwise subject to disclosure may not be protected from disclosurebymeresubmissiontothe/iitt~rney. Any documents marked "confidential" which are submittedtotheagencyfromtheIl1irnicipalattorney's office shall only be produced if the city attorney soauthorizes. With respe~ to a person involved in litigation, the records sought shall be disclosedinaccordancewithapplicablecourtrules; and 2. informati6n obtained by and in the custody of insurance carriers insuring the city andtheirattorneysantagentsregardingpossibleandpendingclaimsagainstthecity.F. This chapter shall not be construed to require disclosure of records or informationspecificallypr6paredfororproducedduringalegallyconvenedexecutivesession; provided,however, that' public records which are otherwise subject to disclosure may not be protected fromdisc1osure.by mere submission during an executive session. (Ord. 599, S l(part), 1988; Ord. 610,1988; Ot;d. 642 S 4, 1991; Ord. 651, 1991) Section 2. This ordinance shall take effect ten days following its enactment. CITY OF SEWARD, ALASKA ORDINANCE 2005-006 i I t; 2006. ENACTED by the City Council of the City of Seward, Alaska, thi~23rd day of January, 1/ THE CITY O~/SEW ARD, ALASKA ATTEST: Vanta Shafer, Mayor I 1/ I Jean Lewis, CMC / Jf) AYES: NOES: ABSENT: ABSTAIN: City Clerk City Seal) I 1/ J