(a) 
"City records"
means any document, paper, book, letter, drawing, map, plat, photograph, video recording, electronic record, or other item, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business and preserved by the city, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the city or because of the informational value in them.
(b) 
City records do not include, and this chapter does not apply to, individual personal information contained in a city record or proprietary, trademark or copyrighted material received by the city from third parties or developed for the city by third parties including software programs, library and museum material developed or acquired and preserved solely for reference, historical, or exhibition purposes, materials maintained by any nonprofit association, reference documents, or transitory documents. In this section:
(1) 
"Reference document"
means a writing or image that is acquired or created solely for the purpose of creating or incorporation into a record, and includes, without limitation, notes, calculations, and working papers other than drafts required to be retained according to the records retention schedule.
(2) 
"Transitory document"
means:
(i) 
A writing or image that after its immediate use has no value as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the city, and includes without limitation transmittals, suspense copies when a reply has been received, routine requests for information, and routine appointment and scheduling requests; and
(ii) 
All documents not required to be retained for any period of time according to the record retention schedule.
(c) 
"Electronic records"
means records that are created or stored in an electronic or magnetic storage medium, and that are retrieved or read by a computer or other electronic device.
(d) 
"Personal information"
means:
(1) 
An individual's passport number, driver's license number, state identification number, bank account number, credit card number, debit card number, other payment card number, financial account information, or information from a financial application; or
(2) 
A combination of an individual's:
(i) 
Name; and
(ii) 
Medical information, insurance policy number, employment information, or employment history.
(Ord. 1384 § 2, 2019)
(a) 
Accountability. The overall accountability for the city's records management program lies with the city clerk.
(b) 
Responsibilities.
(1) 
City council.
(i) 
Approve all city records retention schedules and any amendments thereto.
(ii) 
Review the records management framework and identify any suggested changes thereto. The records management framework includes guiding principles and directives, policies and procedures, standards and best practices, core competencies, the training program, and the strategic plan.
(2) 
City manager. Ensure that all departments comply with the records retention schedule and records management framework.
(3) 
City clerk.
(i) 
Approve all changes to the records management framework.
(ii) 
Approve all records disposition requests based on records retention schedules approved by the city council.
(iii) 
Appraise and identify records of enduring value, i.e., historical records, during the preparation and submission of records retention schedules.
(iv) 
Assess compliance of city departments with the records management framework and report the status of the records management program to the city council annually.
(v) 
Identify the city's vital records and develop and implement related policies and procedures.
(vi) 
Plan and allocate central storage facilities for the city's inactive records (i.e., city records center).
(vii) 
Develop and implement policies, standards, and procedures for the transfer of archival/historical records during the final records disposition process from individual departments to the city clerk's custody.
(4) 
Department heads.
(i) 
Implement records management within the department according to the record retention schedule, and standards, policies, and best practices as outlined in the records management framework, including creating departmental electronic records in new software systems only as approved by the records retention schedule.
(ii) 
Designate a departmental records management coordinator who shall represent the department on matters related to records management.
(5) 
City employees. Retain and organize city records of transactions undertaken in business processes according to the city's records management program.
(Ord. 1384 § 2, 2019)
(a) 
Record retention program.
(1) 
The city clerk shall prepare a record retention program and record retention schedule specifying the records to be:
(i) 
Retained permanently;
(ii) 
Destroyed;
(iii) 
Microfilmed or electronically scanned and imaged according to industry standards.
(2) 
The records retention schedule shall be adopted by resolution.
(b) 
Disposal.
(1) 
The city clerk shall approve all records disposition requests based on the current records retention schedule approved by the city council.
(2) 
The city clerk or the city clerk's designee shall certify the disposal of city records by means determined to be appropriate by the city clerk.
(3) 
Upon disposal of city records, the city clerk shall file in the city clerk's office a descriptive list of the records disposed of and a record of the disposal itself. The city clerk shall transmit copies of the list and record of disposal to the city council, and the filing in the office of the city clerk of the list and record of disposal shall constitute a filing and preservation by the council of these documents.
(4) 
The city clerk shall include in the annual records management report to the city council a description of all record disposal activities taken during the year.
(Ord. 1384 § 2, 2019)
(a) 
Open to inspection. All city records shall be open to public inspection under reasonable rules during regular office hours, except as provided in subsections (b) through (j) of this section.
(b) 
Confidential or privileged public records. Public records containing information which is accorded confidential or privileged status under this code, AS 40.25.120(a) or under state or federal law. Confidential or privileged public records include but are not limited to:
(1) 
Records or portions of records which if released would constitute an unwarranted invasion of an individual right to privacy set forth in Article I, Section 22 of the Alaska Constitution.
(2) 
Records or portions of records which if released would violate rights of crime victims set forth in Article I, Section 24 of the Alaska Constitution.
(3) 
Records or portions of records which contain protected health information as defined by the Health Insurance Portability and Accountability Act ("HIPAA") privacy rule including records related to the provision of emergency medical services and patient transportation unless the party making the request for the records has provided the city with written authorization from the patient or a qualified protective order that satisfies the requirements of 45 CFR 164.512(e)(1)(v).
(4) 
Records or portions of records which qualify for the deliberative process exemption from disclosure established by the Alaska Supreme Court including, but not limited to, drafts of decisional documents.
(5) 
Records or portions of records which are an attorney-client communication of the city attorney unless the attorney-client privilege is waived by the city manager, city clerk or the city council.
(6) 
Records or portions of records which are the work product of the city attorney unless the attorney work product privilege is waived by the city manager, city clerk or the city council.
(7) 
Records or portions of records which contain the residence or business addresses or telephone numbers of a victim of a crime or a witness to a crime or which if released would violate the rights of a victim of a crime or a witness to a crime set forth in AS 12.61.110.
(8) 
Images made confidential by AS 18.65.903(b).
(9) 
Records or portions of records that identify a minor release of which would violate the privacy rights of the minor set forth in AS 47.10.090, 47.10.093, 47.10.340 and 47.10.396.
(10) 
Personal information contained in driver records required to be confidential as set forth in AS 28.10.505.
(11) 
Records or portions of records pertaining to juveniles unless disclosure is authorized by law including AS 47.10.093(c).
(12) 
Records of vital statistics or adoption proceedings.
(13) 
Medical records.
(14) 
Public health records related to individual medical records.
(15) 
Records of fire department investigations while the investigation is ongoing.
(c) 
Inspection of city records involved in litigation.
(1) 
City records sought by a party involved in civil or criminal litigation, including administrative adjudications, with the city, the state of Alaska or a public agency of the city or state of Alaska shall be disclosed in accordance with the rules of procedure applicable in a court or administrative adjudication. Rules of procedure applicable to civil litigation in court include Alaska Rules of Civil Procedure 26 and 34. Rules of procedure applicable to criminal court proceedings include Alaska Rules of Criminal Procedure 16 and 17.
(2) 
In this subsection, "involved in litigation" means a party to litigation or a party representing a party to litigation, including a person who is obtaining records for the party.
(d) 
Law enforcement records. Public records including video and audio recordings compiled or maintained for law enforcement purposes are open to inspection and disclosure, except that such disclosure shall not be made if disclosure of the records:
(1) 
Could reasonably be expected to interfere with enforcement proceedings including records relating to ongoing, open investigations unless required to be released to a crime victim by Article I, Section 24 of the Alaska Constitution;
(2) 
Would deprive a person of a right to a fair trial or impartial adjudication;
(3) 
Could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness. In evaluating whether release would constitute an unwarranted invasion of personal privacy the city clerk in consultation with the police chief as necessary may consider:
(i) 
Whether the information contained in the record was secured pursuant to a search warrant or arrest warrant.
(ii) 
The rights of victims and witnesses set forth in AS 12.61.110 including the right to keep residence or business addresses or telephone numbers of a victim of a crime or a witness to a crime private and the right of victims and witnesses of certain crimes to keep their identity private.
(iii) 
The rights of crime victims set forth in Article I, Section 22 of the Alaska Constitution including the right to be treated with dignity, respect and fairness during all phases of the criminal and juvenile justice process.
(iv) 
Whether the person identified as a suspect was charged or convicted of a violation.
(v) 
Whether the person requesting the record is a crime victim.
(vi) 
Whether the suspect, defendant, victim or witness is a minor.
(vii) 
Whether the information contained in the record was speculative, unsubstantiated, defamatory or irrelevant to a law enforcement investigation.
(viii) 
Whether the law enforcement agency elicited the information in exchange for a promise of confidentiality.
(ix) 
If charges were dismissed or not brought: (A) the length of time that has transpired since conclusion of the investigation; (B) the severity of the allegations; (C) the probable truthfulness of the allegations; (D) whether the suspect is or was a public figure; and (E) whether the allegations involved a potential breach of the public trust.
(x) 
The right of citizens to question, investigate and monitor a public law enforcement agency.
(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.
(7) 
Could reasonably be expected to endanger the life or physical safety of an individual.
(8) 
Are criminal history records obtained from state or federal criminal justice databases such as the Alaska Public Safety Information Network unless disclosure is specifically authorized by law including AS 12.62.160.
(e) 
Identity of complainants.
(1) 
The name, address, telephone number, or other identifying information about complainants in actions to enforce building, environmental, or other city ordinances or regulations and state statutes or regulations are not open to public inspection.
(2) 
This subsection does not prohibit disclosure of the contents of the complaint, so long as the complainant is not identifiable.
(3) 
This subsection does not prohibit the 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.
(f) 
Personnel records.
(1) 
Personnel records, including employment applications and examination materials, and records pertaining to employment disciplinary investigations and actions are confidential and are not open to public inspection except as provided in this section or by court order.
(2) 
The following information is available for public inspection, subject to reasonable regulations on the time and manner of inspection:
(i) 
The names and position titles of all city employees;
(ii) 
The position held by a city employee;
(iii) 
Prior positions held by a city employee;
(iv) 
Whether a city employee is in the classified or exempt service;
(v) 
The date of appointment and separation of a city employee;
(vi) 
The compensation authorized for a city employee.
(3) 
A city employee has the right to examine the employee's own personnel files and may authorize others to examine those files.
(4) 
An applicant for city employment who appeals an examination score may review written examination questions relating to the examination unless the questions are to be used in future examinations.
(5) 
Notwithstanding subsection (f)(1) of this section, employment applications for the positions of city manager and police chief shall be open to public inspection. For purposes of this subsection an employment application consists of (i) all documents submitted by the applicant for the position being advertised and (ii) all documents submitted with an application for the current city position or previous held by the applicant, if any.
(g) 
Accident records. Accident reports or portions thereof are subject to disclosure after completion of any law enforcement investigation or proceeding to persons involved in the accident or whose property was involved in the accident or their authorized agent (such as their insurer or attorney) unless excepted from disclosure under subsection (c) of this section (litigation with city or state), or subsection (b)(3) of this section (medical records) or subsection (b)(7) of this section (crime victim or witness). Accident reports are otherwise considered within the scope of an individual's constitutional right to privacy.
(h) 
Individual privacy rights. The city council finds that individuals regardless of age who are outside on or adjacent to a public space including a city facility or a public street do not have a reasonable expectation of privacy. Video images of persons outside on or adjacent to a public space including a city facility or a public street are ordinarily subject to disclosure in response to a public records request unless excepted from disclosure: (A) by reason of the rights of crime victims to be treated with dignity, respect and fairness set forth in Article I, Section 24 of the Alaska Constitution; or (B) under another subsection of this section including subsection (d) of this section (law enforcement records).
(i) 
Redactions. When some of the information in a public record is not subject to disclosure such information shall be redacted after a request for the document has been received. The person requesting the record shall be provided a copy of the redacted record.
(j) 
Manipulation of information or creation of record. Nothing in this section obligates the city to create a city record by assembling electronic information. Any request for a city record which requires a record to be created by assembling electronic information or extracting information from city records may be denied.
(Ord. 1384 § 2, 2019)
(a) 
Requests for access to public records may be made directly to the concerned department(s) or to the city clerk's office on city approved records request forms. Requests for records may be approved by either the city clerk or the designated records manager of the concerned department. The city clerk is the city official designated to review any denial of access to public records. The city clerk or the clerk's designee shall, consistent with the orderly conduct of city business, make a good faith and reasonable effort to locate records that are adequately identified in the request. The city will provide a reasonably prompt response to each request within the 10-business-day time limit set for state agencies by 2 AAC 96.325(a).
(b) 
If a request is denied or the requested records cannot be identified or promptly located with good faith and reasonable effort, a brief written explanation will be given.
(c) 
The council by resolution from time to time shall prescribe the standard unit charge for copies of public records.
(d) 
If the production of records for one requester in a calendar month exceeds five person-hours, the city shall require the requester to pay all the personnel costs required during the month to complete the search and copying tasks.
(e) 
The fee to search for and duplicate a public record shall consist of:
(1) 
Actual costs for copying the record in the requested format, including costs for paper, tapes, microfiche, disks, or other media;
(2) 
Costs incurred by the city to duplicate the record, including computer processing time;
(3) 
Salary and benefits costs for the city employees performing the work, including computer programming work required to extract or copy the records, as provided in AS 40.25.110.
(f) 
If the time required for production of public records for one requester in a calendar month is less than five hours no fee shall be charged.
(g) 
If the person is unable to pay a required fee, and signs an affidavit to the effect that he or she is unable to do so, the city manager may waive the fee.
(Ord. 1384 § 2, 2019)
(a) 
The city has elected not to provide electronic services and products involving public records to the public except for (1) providing copies of requested records by electronic mail; and (2) copying requested public records onto a CD, DVD or flash drive device.
(b) 
The public may access records the city links to or posts on the city internet site without submitting a public records request and without payment of any portion of the costs incurred by the city in making the records available on or through the city internet site.
(Ord. 1384 § 2, 2019)