Anderson 

PUBLIC RECORDS

Sections:
            1.24.010          Definitions
            1.24.020          Ownership and custody of records.

            1.24.030          Duties of city clerk

            1.24.040          Public records; Inspection and copying

            1.24.050          Tape recordings.

            1.24.060          Confidential Records.

            1.24.070          Retention and disposal.

 

Section 1.24.010         Definitions. 

A.          "Record” means any document, record paper, letter, file, book, account, photograph, microfilm, microfiche, map, drawing, chart, card, magnetic media, electronic format or computer print-out, or other document of any material, regardless of physical form or characteristic, created or acquired under law or in connection with the transaction of official business and preserved or appropriate for preservation by the city, as evidence of the organization, function, policies, decision, procedures, operations, or other activities of the city or because of the information value in them.  "Record" does not include extra copies of documents made or preserved solely for convenience of reference, or for public distribution. (Ordinance 94-02, May 10, 1994; Ordinance 03-02, March 2003)

B.        "Historical records" are those that have historical, legal, or social value for an indefinite period of time; i.e. council meeting minutes, ordinances, and resolutions of the governing body and municipality and the departments, programs, and policies; and photographs and maps. 

C.        "Inactive records" are used only a few times a year and may be stored away from the office; such as municipality correspondence from previous years.

D.        "Transitory records" are records of a non-permanent nature and are kept for a short period of time; i.e. transmittal letters, suspense copies, travel information, and tracer letters.

E.         "Vital records" are records in which department heads identify as necessary for the operation of the municipal government after a major disaster; i.e. property records, contracts, payroll records, check registers and financial documents.

F.         "Non-records" are materials that may be disposed of as soon as they have served its purpose, such as catalogs, copies of records, work drafts, and letters of transmittal if they do not add information.

 

            Section 1.24.020         Ownership and custody of records. 

            A.        All records shall be and remain city property.  Records shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed, and otherwise managed, only in accordance with the provisions of this chapter or as otherwise provided for by law.

            B.        City records, or copies of city records which have been certified by the clerk, shall be prima facie evidence of the contents.  (Prior code AO §1.04.100)

 

            Section 1.24.030         Duties of City Clerk.  The clerk shall be responsible for the administration and maintenance of the public records.  The clerk shall:

            1.         Compile and maintain an inventory of all public records, including these in the custody of other city officials and employees, those which have been placed in storage or destroyed, and those which are confidential;

            2.         Establish and maintain a system for filing and retrieval of records, including procedures for keeping track of, retrieving, and refilling records which are temporarily removed from the permanent files for use by the clerk, other city officials or employees, or members of the public;

            3.         Develop a general schedule for the relocation of inactive records to a centralized location for storage, recording or duplication, or to the Alaska State Archive Program in the Department of Education as provided by A.S. 40.21.090, and for the destruction of records pursuant to section 1.24.070, while protection the confidentiality of those records which are not open to public inspection pursuant to section 1.24.060;

            4.         Establish and maintain a system to allow inspection and copying of printed public records by members of the public, while maintaining the confidentiality of those records which are not open to inspection pursuant to section 1.24.060; and

            5.         Electronic format copies of the Alaska Statues and Denali Borough code shall be made available for public inspection. (Ordinance 03-03, March 2003)

 

            Section 1.24.040         Public records;  Inspection and copying. 

            A.        Except as provided in 1.24.060, city records are public records.

            B.        Public records are open to inspection by the public during the clerk's regular office hours, subject to reasonable rules relating to time, place, and manner of inspection, to be established by the clerk.  If one or more requests by a single requester or agent of a requestor within a calendar month are anticipated to require more than two (2) person-hours to complete, the city may require the requestor to pay costs for the period in excess of two hours.  The costs may not exceed the unit cost of salary and benefits for the employees who are involved in the search.  Except in the case of new organization, authorized search costs must be paid before the records are searched.

            C.        The clerk shall give on request and payment of costs a copy or certified copy of portions of the public record.  Copies of records are provided at the request of the requestor and at the requestor's expense.  The charge for copies (whether certified or not) may not exceed the cost to city, which cost may include photocopy, clerical and other costs directly related to the provision of the copies.  The clerk is authorized to establish rates and charges for copies of public records, both certified and photographic, and for the clerical time set forth in Section 1.24.040 (B).

            D.        In the event an individual requests information and is refused, the individual shall be notified in writing within five (5) working days of his/her right to appeal that decision to the city administration department.  If not satisfied with the ruling, the individual shall be notified within five working days of that decision of his right to appeal to the City Council at its next regularly scheduled meeting, which shall be the final and binding authority.

 

            Section 1.24.050         Tape recording.  Audio and video tape recordings of council meetings and public hearings will not be released or copied.  The tapes shall be re-used after transcription and the minutes approved by council.  Specific tapes may be directed by the council to be maintained indefinitely.

 

            Section 1.24.060         Confidential records.

            A.        Except as otherwise provided by law, confidential records shall not be made available to the public or to any city officer, official or employee whose duties do not require access to the record in question.

            B.        The following city records shall be not construed to require disclosure and are confidential:

                        1.  Records of vital statistics and adoption proceeding, which shall be treated in the manner required by A.S. 18.50;

                        2.  Records pertaining to juveniles;

                        3.  Medical and related public health records;

                        4.  Personnel, payroll or medical files which reveals the financial or medical status of any specific individual, the release of which constitutes an unwarranted invasion of privacy;

                        5.  Other records required by federal or state law or regulation or by ordinance to be kept confidential;

                        6.  Nothing in this chapter requires an agency to organize, coordinate, collate, modify, create, interpret, or compile records quested; only a literal or verbatim record need be provided;

                        7.  Records held by the City of Anderson or any public utility pertaining to any client, customer, tenant, operator, user or subscriber, the release of which would constitute an unwarranted invasion of privacy of that person or entity;

                        8.  Records of engineering, marketing, accounting or other technical or financial data, which if released, would provide a competitive advantage to any other persons or business engaged in similar or related activities;

                        9.  Trade secrets patented and/or copyrighted materials such as computer software/materials;

                        10.  City personnel records, including employment applications and related individual actions; and

                        11.  Communications between any agency and the city attorney which contain legal questions concerning potential, pending 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.  Any documents marked "Confidential" which is submitted to the agency from the municipal attorney's office shall only be produced if the city attorney so authorizes.

 

            Section 1.24.070         Retention and disposal. 

            A.        All city records shall be retained until the council, in writing, authorizes their disposal.  The retention and or disposal schedule shall be in accordance with the Alaska Local Government Retention Schedule, unless specified in this chapter.

            B.        The clerk shall propose and the council shall by resolution or ordinance approve a records retention and disposal schedule dictating how long various categories of routine records shall be kept before they no longer have legal, administrative, or historical value and may be destroyed by the clerk.  The clerk may dispose of routine records pursuant to the retention schedule.

            C.        The clerk shall periodically review the city records, including inactive document in storage, to determine whether he of she considers any to be without legal, administrative or historical value.  When the clerk identifies such records, he or she may propose to the council that such records be destroyed.  The clerk's proposal to the council shall include lists of these records sufficiently detailed to identify the records and to permit the council to determine whether the records retain any legal, administrative, or historical value, and shall also include the proposed means of disposal.  If the council finds that certain records so identified by the clerk are without legal, administrative, or historical value, it may authorize their disposal and specify the means by which they may dispose of the specified records in the manner approved by the council.

            D.        The clerk shall file a descriptive list of the records disposed of and a record of the disposal itself.  The clerk shall provide copies of these documents to the council.

(Ordinance 94-02, May 1994 replaced AO § 1.01.100)