It is the policy of the municipality to provide the fullest and most rapid public access to public records 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 records 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 this chapter or under any applicable state or federal law.
(AO No. 77-50A; AO No. 89-85; AO No. 2026-19 Amended, 2-17-2026[1])
[1]
Editor's Note: This ordinance is effective 8/17/2026.
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.
"Legislative branch offices"
means the assembly, municipal clerk’s office, and any other office established within or responsible to the legislative branch as provided in AMC section 2.10.015.
"Mayor"
means the mayor of Anchorage.
"Municipal agency"
means a department, division, board, commission, council, or other instrumentality of the municipality, including the school district. Legislative branch offices are considered departments for purposes of this chapter and consistent with section 2.10.015. Community councils addressed in AMC chapter 2.40 are not municipal agencies within the meaning of this chapter.
"Public records"
means books, papers, files, accounts, writings, including drafts and memorializations of conversations, and other items, regardless of format or physical characteristics, that are developed or received by a municipal agency, or by a private contractor for a municipal agency, and that are preserved for their informational value or as evidence of the organization or operation of the municipal agency. "Public records" does not include proprietary software programs.
(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; AO No. 2026-19 Amended, 2-17-2026)
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 available for public inspection in an electronic format to the greatest extent feasible.
The policy of providing public access to public records shall be broadly and liberally construed. Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion or redaction of the portions which are exempt from release. Where there is no express policy governing the release of a particular public record or portion of a public record, the public record shall be released provided its release does not conflict with any other applicable law. A municipal agency is not required to create new public records, compile or summarize its public records, or manipulate its data to create new public records, in response to a request for public records.
(AO No. 77-50A; AO No. 85-14; AO No. 2026-19 Amended, 2-17-2026)
This chapter shall not require disclosure of:
A. 
Communications subject to the attorney-client privilege. This subsection does not protect from disclosure records which were public records prior to the privileged communication, 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; other files which reveal the financial or medical status of any specific individual; or other personal information, the release of which would constitute an unwarranted invasion of privacy. Additional requirements applicable to personnel records are provided in AMC section 3.30.016D.
C. 
Police investigation files or evidence 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 section 12.62.110 et seq., and the regulations promulgated thereunder. This chapter shall not 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;
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.
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 requests 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 or other negotiations reasonably consider to be privileged or confidential for purposes of successful collective bargaining or other negotiations.
I. 
Information obtained by and in the custody of insurance carriers insuring the municipality and their attorneys and agents, the office of internal audit, or auditors conducting the annual independent financial audit provided for by AMC section 6.40.060, regarding possible and pending claims against the municipality. This subsection does not protect from disclosure records which were public records prior to being shared with the insurance carrier, auditor, or their attorneys and agents, and public records which are otherwise subject to disclosure may not be protected from disclosure by mere submission to an insurance carrier, auditor, or their attorneys and agents.
J. 
Health, mental health, substance misuse, medical, juvenile, and personality disorder 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 shared with the administration pursuant to AMC section 3.20.120A 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. Earlier working drafts prepared by internal audit in deliberation before sharing a draft internal audit report pursuant to AMC section 3.20.120A may be withheld under the deliberative-process privilege as provided in subsection O.
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 records otherwise subject to disclosure under this chapter if the requester or the requester's principal is in litigation in a judicial or administrative forum with the municipality, a municipal agency, or a municipal officer, employee, or other agent sued in their official capacity or sued in their personal capacity and represented by the municipality under AMC section 1.50.010. 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 information accorded confidential or privileged status by this Code or state or federal law and which has been provided on a reasonable condition or with a reasonable expectation that the information retain its privileged or confidential nature. Such confidential or privileged information includes, but is not limited to, confidential business records and trade secrets protected by law. It also includes information protected by the deliberative process privilege, including drafts, whether held by the legislative or executive branches or their agents, provided that the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested.
P. 
Any records 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 and information supplied by the private employer shall remain confidential and not subject to disclosure.
Q. 
The following records related to the 49th State Angel Fund:
1. 
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 or information described in subsection Q.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.
R. 
The following 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. 
Audio or visual recordings from municipal security cameras, unless the recording is of the requester or the requester's property and redactions can be made to protect security and the privacy of others. The person processing a request for such a recording should make reasonable efforts under the circumstances to preserve the recording, consistent with workload and other deadlines and duties.
3. 
Information the release of which may disclose the location or capabilities of security cameras and any other municipal security systems.
4. 
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.
S. 
Complaints of a confidential nature received by any municipal agency or officer whose official duties include receiving or evaluating such complaints, and personally identifying information in other records that could reveal the identity of a confidential complainant.
T. 
Records of the ombudsman and staff of the ombudsman, including notes, drafts, and records obtained from an individual or agency during intake, review, or investigation of a complaint, and any reports not released to the public in accordance with sections 2.60.140, 2.60.155.
U. 
Any other information properly withheld under Alaska law. If information is withheld under this section, the municipal agency shall provide an explanation of the ground on which it was withheld.
(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; AO No. 2026-19 Amended, 2-17-2026)
A. 
Policies and procedures authorized. The mayor may adopt policies and procedures for each municipal agency under AMC chapter 3.50, except the legislative branch offices and the school district which are similarly authorized to adopt their respective policies and procedures, regarding the time, place, and manner of inspection of public records, including adopting a schedule of fees and costs consistent with this section. Policies and procedures adopted pursuant to this section shall be posted on the municipality's or school district's website.
B. 
Permissible fees. Pursuant to policies and procedures adopted under this section, a municipal agency may charge a fee for copying public records, including employee time spent searching for, retrieving, making permissible redactions to, and copying and transmitting records, provided that the fee shall not exceed the actual cost to the municipal agency. The fee may not exceed the actual salary and benefit costs for the non-executive personnel time required to perform the search, redaction, copying, and transmission tasks. No fee shall be charged for attorney or other executive personnel time. The municipality may charge a reasonable additional amount for the actual cost associated with transmission of certain records, if any (such as the cost of transferring data files). No fee shall be charged for time spent searching for, retrieving, making permissible redactions to, and copying and transmitting records where the time for a single request does not exceed three hours per request; where such time exceeds three hours, the municipality may charge the full fee authorized by this subsection. Notwithstanding any other provision of this subsection, the municipal agency may charge an administrative filing fee of $6 per request, and that filing fee may be adjusted by policy and procedure based on the cumulative percent change in the Anchorage Consumer Price Index for All Urban Consumers (CPI-U) since this section was enacted or since the administrative filing fee was last adjusted consistent with this subsection, whichever is more recent.
C. 
Payment of fees. A municipal agency may require advance payment of up to half of the fees and costs the municipal agency reasonably estimates will ultimately be incurred under subsection B to process a request. In order to require advance payment, the municipal agency shall disclose to the requester the basis for the estimate. A municipal agency may also require payment of any unpaid balance of fees and costs actually incurred, including unpaid balances on previous requests, before the release of requested public records. Where production occurs on a rolling basis, the unpaid balance for each batch may be charged before release of each batch. In the event the municipal agency ultimately receives payment in excess of the permissible fees and costs provided for under subsection B, the municipal agency shall promptly refund the excess to the requester. A requester may appeal under AMC section 3.90.090A the advance estimate or the final amount a municipal agency charges the requester.
D. 
Waiving fees.
1. 
Indigency. A municipal agency shall waive a fee for fulfilling a request if it determines, based on an affidavit from the requester and any other relevant information, that: (a) the requester is (i) an individual, (ii) indigent, and (iii) unable to pay any requested fee; (b) the otherwise chargeable time necessary to fulfill the request is estimated to be five hours or less; and (c) the individual has not received a fee waiver under this subsection within the preceding 30 days. The required affidavit shall include specific information regarding the requester's income and assets.
2. 
Public interest. A municipal agency may reduce or waive a fee for fulfilling a request when the municipal agency determines that the reduction or waiver is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial or personal interest of the requester. To the greatest extent practicable, fee reductions and waivers shall be uniformly applied among persons who are similarly situated.
3. 
Efficiency. A municipal agency may waive a fee in the interest of efficiency, such as when the fee is less than the cost to the municipal agency to arrange for payment.
(AO No. 2026-19 Amended, 2-17-2026)
[1]
Editor's Note: Former § 3.90.050, Departmental regulation of time, place and manner of inspection of records, derived from AO No. 77-50A; AO No. 79-27; and AO No. 2010-81(S-1), was repealed by AO No. 2026-19 Amended, 2-17-2026.
A. 
Duty to respond. All municipal agencies shall, consistent with the orderly conduct of municipal business, make a good faith and diligent effort to provide a rapid and intelligible response to reasonable requests for inspection of public records made pursuant to this chapter. Agencies shall work with requesters to help clarify or narrow requests to reasonable proportions and thereby facilitate rapid and intelligible agency responses. Only if the requester does not work with the agency to make a request reasonable to fulfill may the agency decline to process the request on the grounds that the request is unduly vague, overbroad, or seeks records the production of which would be unduly burdensome under the circumstances.
B. 
Receipt and classification of request. Each municipal agency shall designate an employee who is the official responsible for responding to requests for public records directed to that municipal agency. Upon receiving a request under this chapter, the responsible official shall classify the request as either simple, intermediate, or complex.
1. 
Simple. A simple request is one in which the estimated time to search for, locate, redact, copy, and transmit the records is less than three hours and the response is not likely to require consultation with the municipal attorney's, assembly counsel's, or school district counsel's office.
2. 
Intermediate. An intermediate request is one in which the estimated time to search for, locate, redact, copy, and transmit the records is more than three hours or the response is likely to require consultation with the municipal attorney's, assembly counsel's, or school district counsel's office.
3. 
Complex. A complex request is one in which a response will require particular complexity in searching, locating, redacting, copying, or transmitting records or may require extensive legal analysis.
C. 
Written acknowledgment and notice of deadline or next steps. Within two working days after receiving a request, the responsible official shall send one of the following:
1. 
Notice to cure request. A written notice explaining that the request for records is not reasonable because it is unduly vague, overbroad, or seeks records the production of which would be unduly burdensome under the circumstances; an offer to work with the requester to cure those defects if reasonably possible; and notice that the request cannot be processed and response timelines will not begin to run until the request is cured;
2. 
Acknowledgment and notice of deadline. A written acknowledgement to the requester, advising the requester of (a) the official's decision to classify the request as either simple, intermediate, or complex; and (b) the applicable time periods in which a response is required under this section absent an extension. The notice shall specify that the time periods shall not begin to run until any fee that the agency requires to be pre-paid is paid. If the request has been designated as intermediate or complex, the responsible official shall also provide the requester an opportunity to narrow their request. The written acknowledgement shall also inform the requester that a request initially classified as simple or intermediate may be reclassified by the agency to intermediate or complex as the degree of complexity becomes more clear while the agency works to fulfill the request. If the municipal agency completes the response to the request within two days after it was received, a written acknowledgment under this subsection is not required; or
3. 
Other. A detailed explanation of why the municipal agency cannot provide the notice or acknowledgment described above within two working days, together with a reasonable estimate of when the above will be provided.
D. 
Deadline for response.
1. 
Deadline based on classification. Each municipal agency shall respond to requests for public records by producing the requested records or issuing a written decision denying the request, in whole or in part, including, to the extent possible without disclosing properly withheld information, a general description of any public records or information withheld and the reasons for withholding based on any applicable exemptions, within the following time periods:
a. 
For simple requests, not later than 10 working days after the request is first received by the municipal agency.
b. 
For intermediate requests, not later than 20 working days after the request is first received by the municipal agency.
c. 
For complex requests, not later than 45 working days after the request is first received by the municipal agency.
d. 
The time periods above shall be doubled for the following types of requests:
i. 
Requests to the Anchorage Police Department for: (a) records created before 2015, (b) more than 50 pages of responsive records, or (c) photographs;
ii. 
Requests to any municipal agency involving audio or video; or
iii. 
Commercial requests in which the requester intends to use the requested records, directly or indirectly, to generate income. Commercial requests do not include requests from a representative of the news media as defined in the federal Freedom of Information Act, 5 U.S.C. 552(a)(4)(A)(ii).
2. 
Excluding certain periods. For purposes of calculating the time periods provided in this section, the following shall be excluded from consideration:
a. 
Where a requester is sent a notice to cure under AMC section 3.90.060C.1, the time between receipt of the original request and receipt of a cured request;
b. 
Where a requester is notified that production of particular information would require a signed release, the time between the notification and receipt of such release by the municipal agency; and
c. 
Where a requester is sent notice that processing the request will require advance payment of fees under AMC section 3.90.050, the time between receipt of the original request and the time the requester makes suitable arrangement for payment of those fees.
3. 
Agreements and production schedules. Instead of the time periods identified in this subsection, a municipal agency may respond to a records request on a different time period agreed to by the requester; or it may provide a production schedule as its response with rolling production of records as they are processed.
4. 
Extensions. A municipal agency may extend the applicable response time period in this section for up to 10 additional working days per extension by sending notice to the requester within the applicable response time period. The notice shall state the reasons for the extension. The municipal agency shall provide a rolling production of all portions of the requested public records that the municipal agency is able to process for production using good faith and diligent efforts, as it processes them. Any extension may not be invoked for purposes of delay. Additional extensions may be issued upon continued good faith and diligent efforts and only so long as grounds for extension continue to exist. The applicable response time period in this section may be extended only when one or more of the following circumstances exist, and then only as to those specific records within the request as to which the circumstances apply:
a. 
There is a need to search for or collect the requested records from paper archives or other locations outside the immediate custody of the agency responsible for maintaining the records;
b. 
There is a need to search for, collect, examine, or redact a voluminous amount of records sought in a single request;
c. 
There is a need for consultation with an officer or employee who is absent on approved leave or official business;
d. 
Staffing, workload, or resource constraints make faster production impracticable; or
e. 
There is a need to consult with legal counsel.
On a second or subsequent extension, a requester who disputes the municipal agency's grounds for extension may use the appeal and judicial review procedures provided in AMC section 3.90.090.
E. 
Written response. A municipal agency shall give a written response granting or denying a request for public records under this chapter within the prescribed time limit, as modified by extensions, agreements, or production schedules. The response shall notify the requester of the ability to appeal that decision under AMC section 3.90.090A and where to submit any notice of appeal. If a response is not received by a requester by the expiration of the time limit, including extensions, agreement, or deadlines set by a production schedule, the requester may consider the request denied and appeal under AMC section 3.90.090A.
F. 
Automation. A municipal agency may automate its processes for receiving and processing requests for public records, including by automatically generating an initial notice, acknowledgment, or other explanation as provided in subsection C based on the content of the records request. Such automatically-generated initial communication or other response may be later revised by the agency, as appropriate, upon individual non-automated review.
G. 
Anchorage School District. The school board is authorized to issue its own policy establishing a reasonable process and schedule by which the school district shall respond to public records requests, consistent with the right of public access to public records and the school district's operational constraints. Such process and schedule shall not be inconsistent with the requirement that public records requests receive a response within a reasonable specified timeline.
(AO No. 2026-19 Amended, 2-17-2026)
[1]
Editor's Note: § 3.90.060, Response to requests for records, derived from AO No. 77-50A; AO No. 77-50A; and AO No. 92-15, was repealed by AO No. 2026-19 Amended, 2-17-2026.
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)
A. 
Appeal. A person may appeal a response to a request for public records within 30 days of the date of the response by filing written notice of appeal with the appropriate appeal authority as specified below. Any such appeal shall be decided by the appropriate appeal authority on the basis of the existing record that was before the agency and without additional argument by the requester, unless additional submissions are requested by the appeal authority.
1. 
Executive branch records. An appeal from an executive branch municipal agency shall be decided by the mayor. A written decision either granting or denying the appeal shall be issued within 10 working days after written notice of the appeal is received by the mayor's office or other designee.
2. 
Legislative branch records. An appeal from an office of the legislative branch as described in AMC section 2.10.015 shall be decided by the assembly. The assembly's decision on an appeal shall be made by assembly resolution to be placed no later than on the next regular meeting agenda not yet published following receipt of the written notice of the appeal by the municipal clerk or other designee.
3. 
School board records. An appeal from the school district, or from the ombudsman's office on a request concerning the school district, shall be decided by the school board. The board's decision on an appeal shall be made by resolution to be placed no later than on the next regular meeting agenda not yet published following receipt the written notice of the appeal by school district counsel or other designee.
B. 
Judicial review. A person may not seek judicial review of a municipal agency's response to a request for public records without exhausting the administrative remedies provided in this section. If the appropriate appeal authority does not issue a decision on an appeal within the timeline specified in this section, then the municipal agency's response shall be deemed the decision of the appropriate appeal authority, administrative remedies shall be deemed exhausted, and the requester may seek judicial review. Judicial review must be sought within 30 days of the decision of the appropriate appeal authority. The superior court for the Third Judicial District in Anchorage has jurisdiction to enjoin a municipal agency from withholding public records and to order the production of any public records or information improperly withheld from the requester. In such a case, the Superior Court may examine, in the court's discretion, the existing record, the contents of any public records in camera, or affidavits or declarations describing the information withheld in sufficient detail to justify the withholding, to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in this chapter or any other applicable provision of law.
(AO No. 2026-19 Amended, 2-17-2026)