It is the policy of the municipality to provide the fullest and most rapid public access to municipal records and information so that the right of the people to remain informed is protected. In enacting this measure, the assembly recognizes the competing interests of personal privacy and the right of the public to have access to information concerning the conduct of the people's business. This chapter shall therefore be liberally construed to require full disclosure of all public records in the possession or control of any municipal agency, except those specifically exempted under section 3.90.040.
(AO No. 77-50A; AO No. 89-85)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Critical infrastructure"
means public buildings, telecommunications centers and computers systems, information systems, power generation plants, dams, bridges, road systems, the Don Young Port of Alaska, and similar key resources, and systems related to utility services (whether public or private), including fuel supply, energy, hazardous liquid, natural gas, or coal, whether physical or virtual, so vital to the municipality that the incapacity or destruction of these systems would have a debilitating impact on security, municipal economic security, municipal public health or safety, or any combination of those matters.
"Document"
means any method of storing information, including but not limited to spoken words, handwriting, typewriting, printing, photostating, photographing and any other form of communication or reproduction, whether a draft or final copy, upon any medium, including but not limited to paper, magnetic or paper tape, photographic film or prints, magnetic or punched cards, discs, drums and phonographic records.
"Mayor"
means the mayor of Anchorage.
"Municipal agency"
means any department, division, board, commission or private contractor which has custody of public records as defined in this chapter. The school district is a municipal agency. The term "municipal agency" shall also include the Anchorage Telephone Utility until the board of directors of the Anchorage Telephone Utility adopts a municipal regulation governing public access to utility records and setting forth specific exceptions.
"Records"
means any document, whether in draft or final form, containing information relating to the conduct of the people's business which is prepared, owned, used or retained by a municipal agency or an agency under contract with the municipality, regardless of the physical form or characteristic of the document.
(AO No. 77-50A; AO No. 85-14; AO No. 89-85; AO No. 91-173(S); AO No. 2015-23(S), § 18, 3-24-2015; AO No. 2019-133, § 2, 11-5-2019; AO No. 2023-81, § 4, 1-9-2024)
Except as provided by section 3.90.040, or by other provisions of municipal, state or federal law, the municipality shall make all public records open to inspection by any person subject to guidelines regulating the time, place and manner of inspection which may be adopted by the municipal mayor pursuant to section 3.90.050. The types of records and information open to public inspection pursuant to this chapter shall include but shall not be limited to the following:
A. 
Financial and operational cost information, including information as to revenues, expenditures, indebtedness, departmental budget requests and formal departmental recommendations in regard to project priority.
B. 
Information relating to contracts to which the municipality is a party, including payment provisions, information relating to bids and requests for proposals received or solicited by the municipality, and information relating to the status of goods or services furnished pursuant to contract.
C. 
Regulatory, financial, assessment and tax information concerning real property located within the municipality.
D. 
Salary levels and fringe benefits accorded municipal officers and employees by law, including information in regard to the pay range and step grade of an employee or officer, and statistical analyses or compilations relating to municipal practices and policies concerning compensation for various occupational groups, departments and divisions.
E. 
Statistical information and analyses concerning case loads, numbers and categories of persons for whom services were performed or treatment provided, results achieved and per patient per unit cost.
F. 
Feasibility, management, cost effectiveness and similar reports prepared by the municipality or for the municipality under contract, whether in draft or final form, when such reports are prepared with municipal or other government monies.
The enumeration of information available for public inspection set out in this section is not designed to limit the categories of records and information that shall be made available to the public, nor is it designed to require disclosure of items specifically exempted from disclosure pursuant to section 3.90.040. The policy of providing public access to public information shall be broadly and liberally construed, and, where there is no express policy governing the release of a particular report or other information, the information shall be released providing its release does not conflict with the privacy rights of ordinary citizens.
(AO No. 77-50A; AO No. 85-14)
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.[1] 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.
[1]
Editor's note — Ch. 118 SLA 1994 repealed AS 12.62.010 et seq. and enacted corresponding sections AS 12.62.110 et seq.
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 Don Young 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. 
Safety investigation files created or held by the director of health and safety or subordinate department safety officer. This provision is intended to preserve the confidentiality of information accessed by any safety officer pursuant to the execution of their duties, and does not preclude the reporting of information necessary to address potential safety violations or conform with federal and state requirements.
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 49th 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.
R. 
Records or information pertaining to security and critical infrastructure in the municipality.
1. 
Records or information pertaining to a plan, program, or procedures for establishing, maintaining, or restoring security and critical infrastructure in the municipality, or to a detailed description or evaluation of systems, facilities, or critical infrastructure in the municipality, shall be kept confidential, but only to the extent that the production of the records or information:
a. 
Could reasonably be expected to interfere with the implementation or enforcement of the security plan, program, critical infrastructure, or procedures;
b. 
Would disclose confidential guidelines for investigations or enforcement and the disclosure could reasonably be expected to risk circumvention of the law; or
c. 
Could reasonably be expected to endanger the life or physical safety of an individual or to present a real and substantial risk to the public health and welfare.
2. 
Nothing in this section may be construed to limit disclosure required for necessary construction, renovation, or remodeling work on a public building or other part of the critical infrastructure of the municipality. Disclosure under this subsection does not constitute public disclosure.
(AO No. 77-50A; AO No. 91-7(S-1); AO No. 91-173(S); AO No. 92-18; AO No. 96-102, § 1, 8-6-1996; AO No. 2012-59, § 1, 7-10-2012, eff. retroactive from 5-14-2012; AO No. 2015-23(S), § 16, 3-24-2015; AO No. 2017-122(S), § 6, 10-24-2017; AO No. 2019-133, § 3, 11-5-2019; AO No. 2023-38(S), § 5, 4-18-2023; AO No. 2023-81, § 5, 1-9-2024)
The mayor shall, pursuant to chapter 3.40, adopt municipal regulations for each municipal department as to the time, place and manner of inspection of public records held by the municipality. Such regulations may also provide:
A. 
That a fee may be required. The fee shall not exceed the actual cost to the agency. No fee shall be charged when a person simply requests access to the information, however employee time may be charged when the nature of the information requires custodial observation of the access. If the person is unable to pay any requested fee, and signs an affidavit to the effect he or she is indigent, there will be no cost to such person.
B. 
The form in which the specified documents shall be made available. Documents need not be reproduced in the exact form or medium in which they are stored. However, any alteration of the form or medium of public records shall not change the substantive content of the information contained in the public record. When the actual content is changed, the nature of the change and why it was necessary shall be communicated to the requester.
Regulations adopted pursuant to this section shall be posted in a conspicuous manner at the place designated for inspection of each department's or agency's documents.
(AO No. 77-50A; AO No. 79-27; AO No. 2010-81(S-1), § 35, 12-7-2010, eff. 1-1-2011)
All municipal officers and employees shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible response to requests for inspection of records made pursuant to this chapter. To effect this policy, the following guidelines are adopted:
A. 
Information pursuant to this chapter shall be furnished promptly to the requesting party unless the information requested is declared privileged or confidential pursuant to applicable federal, state or municipal law. If the officer or employee considers the information to be privileged, he or she shall prepare a slip setting forth the date, the item of information requested, the specific provision of applicable state, federal or municipal law exempting the requested information from disclosure, and the title and signature of the person withholding the information. A copy of this slip shall be provided to the party requesting the information. If an officer or employee of the municipality called upon to furnish information pursuant to this chapter is uncertain as to whether or not the material sought is privileged or otherwise exempt from disclosure, he or she shall indicate this on the slip, and shall further identify his or her supervisor so that the request for inspection of documents may be submitted to the officer or employee authorized to make a decision on the matter. A copy of this slip shall be given to the requesting party.
B. 
Any denial of a request for information or inspection of public records shall be automatically appealed to the mayor, and a written reply will be given within seven working days either granting or denying the appeal. Any appeal from the municipal clerk's office or ombudsman's office concerning municipal government or municipally owned utilities shall go to the assembly. Any appeal from the school district or ombudsman's office concerning the school district shall go to the school board.
C. 
All requests for records and information made pursuant to this chapter shall be responded to within a reasonable time period. If the records and information cannot be located in time to make a response within two working days of the request, the requesting party shall be promptly advised, and, if the requesting party still desires the information or records, a reasonable and diligent search shall be made for it.
(AO No. 77-50A; AO No. 92-15)
The Anchorage Police Department's current policies and procedures for conduct of police officers available to public inspection under this chapter or AS 40.25 shall be posted and displayed on the municipal website, and if revised shall be updated on the website as soon as practicable.
(AO No. 2020-75, § 1, 9-1-2020)