HomeMy WebLinkAboutRESOLUTION 1977-22~~
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CITY OF KENAI
RESOLUTION N0. 77-22
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
RELATIVE TO HOUSE BILL 131 "FREEDOM OF PUBLIC INFORMATION",
10TH LEGISLATURE, FIRST SESSION, STATE OF ALASKA.
WHEREAS, House Bill 131 "Freedom of Public Information"
currently before the Legislature needs some clarifying
language to insure that it is a viable act, and
WHEREAS, the following three items are justified as follows:
1. Records of elected of~Eicials are presumed to be
included within the definition of governmental units
but properly need to be so included, and
2. Fishing expeditions can destroy the operation of
any office, reasonable constraints are necessary to
preclude wholesale requests for records, and
3. Fees need to be set uniformly through all governmental
units.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Kenai, Alaska, that:
1. Section 40.25.010 (1) be amended to read:
All governmental units and officials a ointed or
elected, exist to aid in t o con uct o t e peop e s
usG-'iness..."
2. 40.25.020 (a) be amended to read:
"Except...access to records, adequately described and in
reasonable quantities, ...may not be enied.'
3. 40.25.020 (c) be amended to read:
"on request and payment of $ .25 for each a e of a record
(fees, if any, which may not excee t e cost o uplicati~in)
a certified copy is not necessary. If a certified copy
is requested, a fee of $1.00 per each page of the record
is required, that copy...
BE IT FURTHER RESOLVED by the Council of the City of Kenai,
Alaska, that a copy of this Resolution shall be sent to each
member of the Kenai Peninsula Legislative Delegation, namely
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Representative Hugh Malone, Speaker of the House, T'.epresentative
Leo Rhode and Senator Clem Ti"llion.
PASSED b the Council of the City of Kenai, Alaska, this o2~~
day of ~ , 1977.
S E SON , 0
ATTEST:
ue Peter, City er
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IIN THE HOUSE
Int r~~.lured ~ 1 /ltl/ 1l
Referred: State Affairs and
Judiciary
BY PARR,BRADLEY,BROWN,
GARDINER,MILLER AND
GOTTEN
HOUSE BILL F.O. 131
IN THE LEGISLATURE OF THE STATE OF ALASKA
TENTH LEGISLATURE FIRST SESSION
A BILL
For an Act entitled: "An Act relating to freedom of public information; and
changing Rules 54, 65 and tit of the Civil Rules of
Court and Rule 13 of the Administrative Rules of
Court."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
* Section 1. AS 40 is amended by adding a new chapter to read:
CHAPTER 25. FREEDOM OF PUBLIC IIdFORMATIOIi.
Sec. 40.25.010. STATE POLICY REGARDING RECORDS. It is the policy
of the state that
(1) all governmental unite exist, to aid in the conduct of the
people's business;
(2) the records of those units be open for public inspection
except as provided in thin chapter;
(3) the people of this state do not yield their sovereignty
to the egencies which serve them;
(4) the people, in delegating authority. do not give their
public servants the right to decide what is best for the people to know
and what is not best for them to know;
(5) the people's right to remain informed shall be protected
so that they may retain control over the inatrtnnents they have created.
Sec. 40.25.020. RECORDS :"0 BE OP>?N TO INSPECTION; EXCEPTIONS. (a)
Except as otherwise specifically provided by law, all records are open
to inspection and copying by any person during the regular office hours
of L•he custodian of the records. Access to records may not be denied to
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any person; however, the custodian of the records shall take all neces-
sary vrecautio^s f^r their preservation and safekeeping.
(l>) If the record is in active use or storage and not available at
the time a request to examine it is made, the custodian shall at that
time state this fact in writing to the applicant and set a dame and hour
as soon as practicable at which the record may be examined.
(c) Every person having custody of records not included in the
exceptions in (e) of this section shall make them available for public
inspection and shall give a copy of the record on request and payment of
fees, if any, which may not exceed the direct coats of duplication. A
certified copy is not necessary. If a certified copy i~.s requested, that
copy is in all cases evidence of the original. A custodian ah~:ll
permit memoranda, transcripts, and copies of the public w~itlr.~;s and
records in his office to be reproduced in any reasonable manner. In
addition, a custodian shall furnish proper and reasonably accessible
facilities. subject to reasonable restrictions. as are necessary for the
protection of the writings and records and to prevent interference with
the regular discharge of the duties of the recorders and their employees.
(d) Copies of records may be requested by mail. These requests
shall be treated in accordance with the provisions of (a) - (c) of this
section.
(e) The following records are excluded from the provisions of this
section:
(1) those defined as confidential by stare statute;
(2) any tax or information return required to be filed in
accordance with the provisions of AS 43, except that access may not be
denied to the person who ie the subject of the records, or that person's
designee;
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(3) personal information in files msintained for public
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employees, except that access may not be denied to the person who is the
subject of the records, or that person's designee:
(4) personal information in files maintained for students in
public schools, except that access may not be denied to the student, a
parent or guardian of the student, a persor responsible for supervising
the student, or his designee;
(5) personal information in i±le8 maintained for students at
the Univerai~y of Alaska, except that access may not be denied to the
student or his designee;
(6) personal information in medical. psychological, and
sociological files maintained for individual persons. exclusive of
autopsy reports, except that access maq not be denied to the person who
is the subject of the record, or his designee;
(7) archival materials to the extent of any limitations
placed on them as a condition of the contribution; however, these
limitations must be in writfng and the statement of limitations must be
produced upon denial of access;
(8) circulation records maintained by public libraries,
public school libraries, and University of Alaska libraries showing
personal transactions by those borrowing from them;
(9) personal information in files maintained for recipients
of social services, except that access may not be denied to the person
who is the subject of the records. or hie designee;
(10) trade secrete, privileged information and confidential
commercial, financial, geological or geophysical data furnished in
compliance with state law or regulation, or in compliance with a munici-
pal ordinance;
(11) teat questions, scoring keys and other examination data
pertaining to administration of a licensing examination, for employment,
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or academic examination; except that written promotional examinations
and the scores or results of them shall be available for inspection, but
not copying or reproduction. after the conducting or grading of the
examination;
(12) intelligence and investigatory fi.lrs maintained by state
or municipal law enforcement agencies, except original entry records,
but only to the extent that the production of tr.e records would
(A) interfere with enforcement proceedings;
(B) deprive a person of aright to a fair trial or an
impartial adjudication;
(C) constitute an unwarranted invasion of personal
privacy;
(D) disclose the identity of a confidential source and.
in the case of a record compiled by a criminal law enforcement
authority in the course of a criminal security intelligence in-
vestigation, confidential information furnished only by the confi-
dential source;
(E) disclose investigative techniques and procedures;
(F) endanger the life or physical safety of law enforce-
ment personnel; or
(G) identify any rape victim or victim of any other
criminal sexual assault;
(13) original entry records of law enforcement agencies but
only to the extent that they would reveal the name or any other means of
identification of any rape victim or victim of any other criminal sexual
assault;
(14) security systems established for the purpose of
(A) the protection of persons or public property. or
(B) securing a penal institution or place of detention
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~ of persons accused or convicted of a crime;
2 (15) records constituting attorney ~+ork product in the pos-
3 session of an agency, political subdivision or other body subject to the
a open meeting provision of AS 44.62.310.
5 (f) When the lawf::1 custodian of a record determines that contents
s of a record render it exetapt under the provisions of this section, he
~ shall also determine whether a deletion of the exempt parts of the
e record will make it satitsble for release. If a partial deletion of
s material willtnake the record auitsble for release, the deletion shall
to be trade and the record released, with the notation that exempt material
tt has been removed. If the custodian determines that the record, or a
t2 portion of the record, is not open to inspection, he shall, in a certi-
t3 fied writing. inform the person requesting the record of hie determina-
ta tion, of the statutory basis for his decision, and that under sec. 30 cf
is this chapter a suit tray be brought to cott~pel production of records that
t8 are improperly withheld.
t~ (g) Informs*_ion co*+tatned in records exet~tted from disclosure
to under (e) of this section may be released for valid statistical or other
is information-gathering purposes if
20 (1) any information which would identify the person to whom
2i the record pertains is deleted; and
2Y (2) disclosure is made in a taanner which would not compromise
2g or defeat the purposes of any statutory provision designed to maintain
2a the confidentiality of certain information.
46 (h) No record more than 50 years old is excluded from the provi-
~ alone of this section unleae a longer period is required under (e)(7) of
2~ this section.
28 Sec. 40.25.030. ENFORCEMENT: INJUNCTIVE RELIEF. (a) A person
~ having custody or control of a record a;t,o c•batructs or attet~ts to
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obstruct, or a person not having custody or control who aids or abets
another person in obstructing or attempting to obstruct, the inspection
of a record subject to inspection under sec. 20 of this chapter may be
enjoined by the superior court from obstructing, or attempting to ob-
etruct, the inspection of reca-rds subject to inspection under sec. 20 of
this chapter.
(b) The court may charge no filing fee, and the Department of
Public Safety may charge no fee for service of process. from an appli-
cant seeking an injunction under this section. No security will be
required by the court from an applicant seeking an injunction under this
section. If the applicant is granted the injunction he shall be en-
titled to recover costa and reasonable attorney fees from the agency,
political subdivision or other body subject to the open meeting provi-
sion of AS 44.62.310.
(c) The superior court shall make available to an applicant, free
of charge, a simplified form for proceeding without counsel under this
section. The form shall require only identification of the applicant
and the name of the custodian alleged to be improperly withholding
records, and a simple explanation of the records sought.
(d) In a suit brought under this section the court may enjoin
withholding of the records and order the production to the complainant
of records improperly withheld. In such 8 case the court shall deter-
mine the matter de novo, and may examine the contents of any records in
camera to determine whether the records or any portion of them may be
withheld under any of the exemptions set out in sec. 20 of this chapter,
and the burden is on the agency to sustain its action.
Sec. 40.25.040. MISHANDLING OF RECORBS. A person who has the
legal custody of and who unlawfully and wilfully destroys, conceals, or
mutilates a record, book, paper, or writing, or a person who unlawfully
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and wilfully destroys, conceals, or mutilates a record, book, paper or
writing, or wrongfully takes a public record, book, paper, or writing
from the person having legal custody of it, or who has obtained posses-
sion wrongfully and refuses or neglects to return or produce it c;hen
lawfully required or demanded so to do, upon colviction, is punishable
by a fine of not more than $500, or by imprisonment for not more than
one year. or by both.
Sec. 46.25.050. OBSTRUCTION OF ACCESS TO RECORDS. A person who
has custody or control of a record who intentionally obstructs or at-
tempts to obstruct. or a person not having custody or control who inten-
tionally aids or abets another person in obstructing or attempting to
obstruct, the inspection of a record subject to inspection under sec. 20
of this chapter is guilty of a misdemeanor and, upon conviction, is
punishable by a fine of not more than $500. Upon a subsequent convi~-
tion, that person is guilty of a misdemeanor and is punishable by a fine
of not more than $1,000, or by imprisonment for not more than six months,
or by both.
Sec. 40.25.055. REGULATIONS. A departme~~t or agency may by
regulation provide for the confidentiality of records not exempted from
tre provisions of this chapter nor specifically made a public record by
another statute; however, the regulation is only effective until the
45th day of the next session of the legislature unless approved by a
majority of the members of the legislature.
Sec. 40.25.060. DEFINITIONS. In this chapter, unless the context
otherwise requires,
(1) "attorney work product" means documents and tangible
things, prepared in anticipation of litigation for trial by or for
another party, or by or for that party's representative (including his
attorney. consultant, surety, indemnitor, insurer or agent);
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(2) "record" means any document. paper, book. letter, draw-
ing, map. plat, photo, photographic file, motion picture, film, micro-
film, microphotograph, exhibit, magnetic or paper Cape, punched card, or
other document of any other material, regardless of physical form or
characteristic, developed or received under law or in connection with
the transaction of official business and preserved or appropriate for
preservation by an agency, political subdivision or other body subject
to the open meeting provision of AS 44.62.310, as evidence of the organ-
ization, function, policies, decisions. procedures, operations or other
activities of the state or political subdivision or because of the
informational value in them; it also includes staff manuals and instruc-
tions to staff that. affect the public;
(3) "personal information" means information about an indi-
vidual person, the disclosure of which would constitute an unwarranted
invasion of personal privacy.
* Sec. 2. AS 44.62.310 is amended by adding new subsections to read:
(g) No resolution, ordinance, rule, contract. regulation or motion
adopted, passed or agreed to in an executive or closed meeting shall
become effective unless the public body. following the meeting, re-
convenes in open meeting and takes a vote of the membership on the
resolution, ordinance, rule, contract, regulation or motion.
(h) Nothing in this section may be construed to prevent the hold-
ing of conferences between two or more public bodies, or their repre-
sentatives, but these conferences are subject to the same regulatf.ons
for holding executive or closed sessions as are applicable to any other
public body.
* Sec. 3. AS 44.62.310(d)(1) is amended to read:
(1) judicial [OR QUASI-JUDICIAL) bodies when holding a meet-
ing sclely to make a decision in an adjudicatory proceeding;
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* Sec. 4. AS 44.62.310(c)(3) is amended to read:
(3) matters which bu state statute [LAW MUNICIPAL CHARTER, OR
ORDINANCE] are required to be confidential.
* Sec. 5. AS 06.20 ie amended by adding a new section to read:
Sec. 06.20.345. CONFIDENTIAL FILES. Intelligence and investiga-
tory files maintained by the department are confidential only to the
extent that the production of those records would interfere with enforce-
ment proceedings, deprive a person of a right to fair trial or an impar-
tial adjudication, constitute an unwarranted invasion of personal
privacy or disclose the identity of a confidential source and, in the
cane of a record compiled by a criminal law enforcement authority in the
course of a criminal security intelligence investigation, confidential
information furnished only by the confidential source.
* Sec. 6. AS 18.80 is amended by adding a new section to read:
Sec. 18.80.147. CONFIDENTIAL FILES. Investigatory files main-
tained by the department are confidential only to the extent that the
production of those records would interfere with enforcement proceed-
ings, deprive a person of a right to a fair trial or an impartial ad-
judication, constitute an unwarranted invasion of personal privacy or
d:aclose the identity of a confidential source and. in the case of a
record compiled by a criminal law enforcement authority in the course of
a criminal security intelligence investigation, confidential information
furnished only by the confidential source.
* Sec. 7. AS 34.55 is amended by adding a new section to read:
Sec. 34.55.040. CONFIDENTIAL FILES. Intelligence and investiga-
tory files maintained by the department are confidential only to the
extent that the production of those records would interfere with enforce-
ment proceedings, deprive a person of a right to a fair trial or an
impartial adjudication, constitute an unwarranted invasion of personal
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privacy or disclose the identity of a confidential source and, in the
case of a record compiled bjr a criminal law enforcement authority in the
course of a criminal security intelligence investigation confidential
informatior, furnished only by the confidential source.
* Sec. 8. AS 16.10 is amended by adding a new section to read:
Sec. 16.10.340. RECORDS CONFIDENTLAL. Information in the records
of the department that is intended for use in the evaluation of loans
made under this chapter is confidential to the extent that disclosure of
the information would constitute an unwarranted invasion of personal
privacy. The department may not deny access to the records to the loan
applicant or his designee.
* Sec. 9. AS 26.15 is amended by adding a new section to read:
Sec. 26.15.180. RECORDS CONFIDENTIAL. Information in the records
of the department that is intended for use in the evaluation of loans
made under this chapter is confidential to the extent that disclosure of
the information would conetitute an unwarranted invasion of personal
privacy. The department may not deny access to the records to tine loan
applicant or his designee.
* Sec. 10. AS 45.90 is amended bq adding a new section to read:
Sec. 45.90.050. RECORDS CONFIDENTIAL. Information in the records
of the department that is intended for use in the evaluation of loans
made under this chapter is confidential to the extent that disclosure of
the information would conetitute an unwarranted invasion of personal
privacy. The department may not deny access to the records to
the loan applicant or hie designee.
* Sec. 11. A3 45.95 is amended by adding a new section to read:
Sec. 45.95.080. RECORDS CONFIDENTIAL. Information in the records
of the department that is intended for use in the evaluation of loans
made under this chapter is confidential to the extent that disclosure of
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1 the information would constitute an lrtwarranted invasion ~f personal
2 privacy. The department may not deny access to the records to the loan
3 applicant or his designee.
4 * Sec. 12. AS 24.20 is amended by adding a new section to read:
5 Sec. 24.20.202. RECORDS CONFIDENTIAL. Audit files and preliminary
f, report drafts are confidential and may not be open to public inspection.
~ * Sec. 13. In sec. 1 of this Act, AS 40.25.030 (b) and (c) has the effect
e f changing Rules 54. 65 and 82 of the Civil Rules relating to security
9 deposits required 1n civil actions, and allowance of attorney fees as costs
1o in civil actions; Rule 13 of the Administrative Rules by adding an exemption
t1 fsom payment of filing fees in civil actions for any action filed under this
12 chapter; and Supreme Court Order No. 16 relating to fees for service of
13 rocess in civil actions.
1a * Sec. 14. AS 09.25.110, 09.25.120, 09.25.125, AS 11.30.240 and 11.30.245
1s are repealed.
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