§ 3.90.040. Exemptions for particular records.  


Latest version.
  • This chapter shall not be construed to require disclosure of:

    A.

    Communications between any agency and the municipal attorney's office which contain legal questions concerning pending or actual litigation. This subsection does not protect from disclosure documents which were public records prior to the commencement of the litigation, and public records which are otherwise subject to disclosure may not be protected from disclosure by mere submission to the attorney.

    B.

    Personnel, payroll or medical files, equal rights commission files or other files which reveal the financial or medical status of any specific individual, the release of which would constitute an unwarranted invasion of privacy.

    C.

    Police investigation files compiled by any agency as a part of an investigation of criminal activity, except that such records may be released to other governmental agencies if necessary to the proper administration of justice. Police information practices in regard to criminal justice information shall be governed by the provisions of AS 12.62.110 et seq. and the regulations promulgated thereunder. This chapter shall not be construed to require disclosure of records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information:

    1.

    Could reasonably be expected to interfere with enforcement proceedings;

    2.

    Would deprive a person of a right to a fair trial or an impartial adjudication;

    3.

    Could reasonably be expected to constitute an unwarranted invasion of personal privacy of a suspect, defendant, victim or witness;

    4.

    Could reasonably be expected to disclose the identity of a confidential source;

    5.

    Could disclose confidential techniques and procedures for law enforcement investigations or prosecutions;

    6.

    Would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or

    7.

    Could reasonably be expected to endanger the life or physical safety of an individual.

    D.

    The name, address, telephone number or other identifying information about complainants in actions to enforce building, zoning, environmental or other municipal ordinances or regulations.

    1.

    This subsection does not prohibit disclosure of the contents of the complaint, so long as the complainant is not identifiable.

    2.

    This subsection does not prohibit disclosure of the name of the complainant when such disclosure becomes necessary to the fair and just disposition of the charge or complaint in enforcement proceedings.

    E.

    Records held by the Port of Alaska or any public utility pertaining to any client, customer or subscriber, the release of which would constitute an unwarranted invasion of the privacy of that customer.

    F.

    Records or engineering or other technical data, which, if released, would provide a competitive advantage to any other person engaged in similar or related activities.

    G.

    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.

    H.

    Information which municipal governments engaged in collective bargaining regularly consider to be privileged or confidential for purposes of successful collective bargaining.

    I.

    Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents regarding possible and pending claims against the municipality.

    J.

    Health, mental health, medical, juvenile and personality problem information obtained or prepared by the municipality with respect to any person for whom treatment or services were provided.

    K.

    Personal information other than name and address given to the municipality with the legitimate expectation of privacy in conjunction with licenses, permits or other municipal services.

    L.

    Draft internal audit reports and supporting work papers until respective management officials have had the opportunity to review the draft audit findings for accuracy of fact and substance and provide written responses to the director of internal audit. The maximum time allowed for this exemption will not exceed 30 days from the date of the draft audit report.

    M.

    Reserved.

    N.

    Any documents otherwise subject to disclosure under this chapter if the requestor or the requestor's principal is in litigation with the municipality or a municipal agency in a judicial or administrative forum. Disclosure of any records relevant to that litigation, or reasonably likely to lead to the discovery of relevant evidence, shall be governed by the rules or orders of that forum and not by this chapter.

    O.

    Any records or documents which are accorded confidential or privileged status by this Code or which are accorded confidential or privileged status under state or federal law and which have been provided on a condition that the information retain its privileged or confidential nature.

    P.

    Any records, documents or information provided to the municipality or its agents, by a private employer in response to a salary and/or benefits survey whose disclosure would adversely affect the private employer's ability to compete, or is required to be kept privileged or confidential to protect the property interests of the private employer. If questions arise regarding the accuracy of the representation of a private employer's response to the survey in any report prepared by the municipality or its agents, the internal auditor will be asked to review the results and comment on the accuracy of the representations, but the records, documents and information supplied by the private employer shall remain confidential and not subject to disclosure.

    Q.

    1.

    The following records provided to the municipality by a person requesting an award from the 49 th State Angel Fund:

    a.

    Income tax returns;

    b.

    Financial statements, profit-and-loss statements, or cash flow projections;

    c.

    Business plans;

    d.

    Credit reports from consumer reporting agencies or other credit information obtained from banks, creditors, or other credit reporting entities;

    e.

    Trade secrets, including confidential proprietary information or confidential information about products, pricing, or manufacturing or business processes;

    f.

    Appraisals;

    g.

    Market surveys or marketing strategy information;

    h.

    Third party financing and similar data required to be reported by the municipality to the federal government; or

    i.

    Terms and conditions of any award, except "boilerplate", company name, interest rate, if applicable and total principal amount of the award.

    2.

    Information compiled by the municipality from records, documents or information described in subsection 1. shall be kept confidential unless disclosure is authorized by the person providing the information.

    3.

    Disclosure of a confidential record to an advisory committee shall not constitute a waiver of confidentiality by the person submitting the record or by the municipality, nor shall it constitute a conversion of the record to a public record. Committee discussion of confidential information shall occur only in executive session.

    4.

    Nothing in this section shall prevent an assembly member from reviewing information otherwise confidential under this section if the assembly member has a valid legislative purpose for reviewing the information and if the assembly member agrees to maintain the confidentiality of the information.

(AO No. 77-50A; AO No. 91-7(S-1); AO No. 91-173(S); AO No. 92-18; AO No. 96-102, § 1, 8-6-96; AO No. 2012-59, § 1, 7-10-12, eff. retroactive from 5-14-12; AO No. 2015-23(S) , § 16, 3-24-15; AO No. 2017-122(S) , § 6, 10-24-17)

State law reference

Public records; exceptions; certified copies, AS 40.25.120.

Editor's note

Ch. 118 SLA 1994 repealed AS 12.62.010 et seq., formerly referred to in subsection C, and enacted corresponding sections AS 12.62.110 et seq.

Cross reference

Personnel rules, ch. 3.30; employee relations, ch. 3.70; penal code, tit. 8; business licenses and regulations, tit. 10; Port of Alaska, ch. 11.50; health, tit. 16.