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HomeMy WebLinkAboutOrd2005-006 Pulled by Administration January 23, 2006 Sponsored by: Corbridge Date: ' December 12,2005 Action: Introduced, Amended and Set for Public Hearing Public Hearing: January 9,2006 Action: Postponed to January 23,2006 Action: Pulled from Agenda, January 23, 200p- / .... CITY OF SEWARD, ALASKA ORDINANCE 2005-006 .../' / / / / AN ORDINANCE AMENDING SEWARD CITY CODE S 2.05.030, MAINTAINING CONFIDENTIALITY OF INFO RELATED TO COMPETITIVE BIDDERS AND PROPOSERS / / WHEREAS, the City of Seward recognizes the important information concerning the conduct of the people's business; and / / right of access to WHEREAS, the City also recognizes that certain re rds must remain confidential to protect rights of other persons or to protect public resources' and .... WHEREAS, certain information may be nfidential only for a period, and such information should be made publicly available wnen the circumstances creating the need for confidentiality no longer exist; and // / / / WHEREAS, information relatingXo bidders and proposers may adversely impact the use of public funds if made public prior to Jl6tice of an intent to award. / 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 or information whic , 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 obtained or prepar (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 regulatIOns ad<>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 personnel records or information: 1. city personnel records, including employment applications and examination materials, payroll and medical records which reveal the financial or medical status ,6f any specific individual and, in addition, those records the disclosure of which wotlld constitute an unwarranted invasion of privacy. This subsection does not protect from di~losure the following personnel information: / / a. employment applications and examination materials of city officials appointed by the city council; 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 examine those files. /. 2. information which municipal gov~l11ents engaged in collective bargaining regularly consider to be privileged or confidential f9l" purposes of successful collective bargaining. E. This chapter shall not be con~ed to require disclosure of the following privileged records or information: / 1. communications be~we any agency and the city attorney which contain legal questions concerning potential, ending or actual litigation: This subsection does not protect from disclosure documents tha were public records prior to the commencement of the litigation, and public records that are otherwise subject to disclosure may not be protected from disclosure by mere submission to the/iitt~rney. Any documents marked "confidential" which are submitted to the agency from the Il1irnicipal attorney's office shall only be produced if the city attorney so authorizes. With respe~ to a person involved in litigation, the records sought shall be disclosed in accordance with applicable court rules; and 2. informati6n obtained by and in the custody of insurance carriers insuring the city and their attorneys ant agents regarding possible and pending claims against the city. F. This chapter shall not be construed to require disclosure of records or information specifically pr6pared 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 disc1osure.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