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10.40.040 Records exempted.
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The City shall not be required to release or disclose the following documents or records:

(a) Communications of any kind between the municipal attorney and officers or employees of the City, or any other individual, firm or corporation containing a legal opinion, memorandum or other disclosure or information pertaining to any matter then in litigation or where litigation may be reasonably anticipated. This exemption does not extend, however, to any documents, records or other written communication that may have been made public prior to the commencement of litigation and public records which must otherwise be disclosed cannot be withheld on the grounds that they have been submitted to the municipal attorney;

(b) All personnel records of City officers and employees, including, without limitation, employment applications, examination materials, and performance evaluations, records that reveal medical information about any specific individual; records that reveal the personal, intimate, or private life of an individual; and, in addition, any record the disclosure of which would constitute an unwarranted invasion of privacy; but this subjection does not protect from disclosure the following:

(1) Employment applications of City officials appointed by the City Council,

(2) Employment applications of the director of each department of the City,

(3) Performance evaluations of City officials appointed by the City Council to the extent the performance evaluations relate to the individual’s job performance and do not impugn an individual’s honesty, integrity, or morality outside of professional life,

(4) The names and position titles of all City employees,

(5) The current and prior positions held by a City employee,

(6) The dates of appointment and separation of a City employee, and

(7) The records described in Section 10.40.030(d).

In the event of a request for disclosure of items described in subparts 1, 2, and 3 of this subsection, the City Manager, City officials and directors will be notified at least two (2) days prior to release of such records and may appeal the decision under KMC 10.40.060.

(c) Records or information compiled for law enforcement purposes, but only to the extent 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 the personal privacy of suspect, defendant, victim, or witness,

(4) Could reasonably be expected to disclose the identity of a confidential source,

(5) Would 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) Information such as name, address, etc., that would identify complainants in actions to enforce any City regulation or ordinance, except as such disclosure may become necessary to a fair and just disposition of the enforcement proceeding;

(e) Records held by the City concerning any customer using municipal services, release of which would be unwarranted invasion of privacy;

(f) Engineering or other technical specifications or data which might provide a competitive advantage to any person, firm, or corporation engaged or potentially to be engaged in municipal business;

(g) 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;

(h) Medical and related public health records;

(i) Records pertaining to juveniles unless disclosure is authorized by law;

(j) Records required to be kept confidential by law;

(k) Any record, nondisclosure of which is authorized by a valid Alaska or Federal statute or regulation, or by a privilege, exemption, or principle recognized by the courts, or by a protective order authorized by law; and

(l) Sales tax information excluded from disclosure by KPB 5.18.040 as amended.

(Ord. 2396-2009)