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Home My WebLink AboutOrd2019-008 Sponsored by: Council Member Towsley Introduction Date: March 26,2019 Public Hearing Date: April 8,2019 Enactment Date: April 8, 2019 CITY OF SEWARD,ALASKA ORDINANCE 2019-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING AND REVISING SEWARD CITY CODE, TITLE 2,2.05.030,EXEMPTIONS FOR PARTICULAR RECORDS WHEREAS, Seward City Code, Title 2, Chapter 2.05 Records, Exemptions was originally adopted in the 1987 with Ordinance No. 599; and WHEREAS, regular review and revision of City code is necessary to ensure that Seward City Code remains relevant, continues to reflect the values of the citizens of Seward, and is in compliance with Alaska statutes; and WHEREAS, Alaska statutes balance the public interest and disclosure on the one hand and the privacy and reputational interests of the affected party together with the government's interest in confidentiality,on the other; and WHEREAS, in 2003 the Alaska Supreme Court said that access to public records is a "fundamental right" (see Fuller v City of Homer) and that "exemptions" to the disclosure requirements of Alaska's public records laws are not favored and will be narrowly construed(see Municipality of Anchorage v Anchorage Daily News, '794 p. 2d 584 1990); and WHEREAS, changes to Title 2.05 Records will bring the City of Seward Code into alignment with most interpretations of State Alaska Statute 40.25.120. Public Records; Exceptions; Certified Copies. which does not allow for payroll database exemptions; and WHEREAS, updating Seward City Code Title 2, Administration, 2.05.030, "Exemptions for particular records" promotes openness and transparency in government by allowing public access to payroll database information through the public records request process; and WHEREAS, complying with state law, and practicing openness and access to payroll and salary database information for public officials helps to establish and foster trust between citizens and the City of Seward. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA HEREBY ORDAINS that: Section 1. Seward City Code 2.05.030 Exemptions for particular records as follows: . (Deletions are Bold ketkroughs; Additions are Bold/Underline/Italics.) CITY OF SEWARD,ALASKA ORDINANCE 2019-008 2.05.030- Exemptions for particular records. (a) This chapter shall not be construed to require disclosure of the following records or information which,by law,are required to be confidential: (1) Records of vital statistics and adoption proceedings; (2) Records pertaining to juveniles unless disclosure is authorized by law; (3) _ .. • . . . . .. .. . . Medical and related public health records; (4) Records required to be kept confidential by a federal law or regulation or by state law; (5) Records required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted thereunder in order to secure or retain federal assistance. *** 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, financial status, payroll-and medical records which reveal the 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 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 bargaining unit; f. The dates of appointment and separation of a city employee; and g. The compensation authorized for a city employee. A city 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. *** Section 2.This ordinance shall take effect ten(10)days following its enactment. CITY OF SEWARD,ALASKA 111 ORDINANCE 2019-008 ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA this 8th day of April, 2019. THE CITY OF SEWARD,ALASKA Davi quires, M4or AYES: McClure, Osenga, Seese, Horn, Towsley, Lane, Squires NOES: None ABSENT: None ABSTAIN: None ATTEST: A6 . �l/�1�./'' Brenda J. Ballo!, MMC City Clerk .0,16 MMMMM (City Seal3•� OF SEw °o • r. S At Ck • • SEAL % .,F .oF P1/4V.4 a i COUNCIL AGENDA STATEMENT Meeting Date: April 8, 2019 To: Seward City Council From: Council Member Suzi Towsley Agenda Item: Ordinance 2018-008, Amending And Revising Seward City Code, Title 2, 2.05.030, Exemptions For Particular Records, BACKGROUND & JUSTIFICATION: Regular review and revision of Seward City Code is necessary to ensure that Seward City Code remains relevant, continues to reflect the values of the citizens of Seward, and is in compliance with Alaska statutes. Seward City Code, Title 2, Chapter 2.05 Records was originally adopted decades ago and has been updated periodically, including minor revisions in 1988 and 1991. In 2003, the Alaska Supreme Court said that access to public records is a “fundamental right” (Fuller v. City of Homer) and that “exemptions” to the disclosure requirements of Alaska’s public records laws are not favored and will be narrowly construed (Municipality of Anchorage v. Anchorage Daily News, 794 p. 2d 584 1990). Changes to Title 2.05 Records will bring the Seward City Code into alignment with Alaska Statute 40.25.120. Public Records; Exceptions; Certified Copies which does not allow for payroll database exemptions. These proposed updates to Seward City Code Title 2, Administration, 2.05.030, “Exemptions for particular records” promote openness and transparency in government by allowing public access to payroll database information through the public records request process. Council bringing Seward City Code into alignment with state law, while practicing openness by allowing access to payroll/salary database information for public officials, helps to establish and foster better trust between citizens and the City of Seward. INTENT: The intent of this Ordinance is to align Seward City Code with current interpretations of Alaska Statute 40.25.120 Public Records; Exceptions; Certified Copies. 24 507486\1006\00798783 CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan (document source here): X 2. Strategic Plan (document source here) : X 3. Other (list): Alaska Statute 40.25.120 Public Records; Exceptions; Certified Copies. X FISCAL NOTE: This change in the City Code is expected to have no financial impact upon the City. Approved by Finance Department: _______________________________________ (3/11/19) ATTORNEY REVIEW: Yes __X__ No _____ Not Applicable ______ RECOMMENDATION: Enact Ordinance 2019-008 25