1998-22 Request for Information Alaska Public Records ActKODIAK ISLAND BOROUGH
RESOLUTION NO. 98 -22
Introduced by: Assemblymember Bonney
Requested by: Assemblymember Bonney
Drafted by: Borough Clerk and Borough Attorney
Introduced: 06/18/98
Adopted: 06/18/98
A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
ESTABLISHING POLICY FOR A REASONABLE COURSE OF ACTION WITH
RESPECT TO ANY REQUEST FOR INFORMATION BROUGHT UNDER THE
ALASKA PUBLIC RECORDS ACT
WHEREAS, it is deemed sound public policy for citizens to be able to monitor
government activities with meetings of governing bodies open to the public and
government records open to public inspection; and
WHEREAS, in 1990 the Alaska Legislature modified the Alaska Public Records Act
to make it applicable to municipalities and recognize that public access to government
information is a fundamental right that operates to check and balance the actions of
elected and appointed officials and to maintain citizen control of government; and
WHEREAS, to protect the public's right to know, public records must be available at
nominal cost consistent with the Kodiak Island Borough fee schedule set by resolution
of the assembly; and
WHEREAS, it is advisable to describe those records which are not to be disclosed and
those records consist of 1) communications between any borough department,
assembly, board, commission, or committee and an attorney concerning pending or
actual litigation; 2) files maintained by the borough attorney's office concerning
pending or actual litigation, or any document prepared in the provision of legal services
or legal advice to the borough or the assembly, or any of its departments, boards,
commissions, subdivisions, officers, or employees by the borough attorney's office;
3) personnel, payroll, medical files or other files which reveal the personal, financial or
medical status of any specific individual other than gross pay and average cost of
benefits allocated in the budget except upon the specific written authorization of the
individual concerned; 4) the name, address, telephone number or other identifying
information about complainants in actions to enforce borough ordinances; 5) records
of engineering or other technical data which if released would provide a competitive
advantage to any person or corporation engaged in similar or related activities; 6)
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; 7) information used for municipal
governments to engage in collective bargaining considered to be privileged or
confidential for purposes of successful collective bargaining; 8) information obtained
by and in the custody of insurance carriers insuring the borough, and their attorneys
and agents, regarding possible and pending claims against the borough, and records
Kodiak Island Borough, Alaska Resolution No. 98 -22
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maintained in the borough regarding such claims; 9) health, mental health, medical or
juvenile information obtained or prepared by the borough with respect to any person
for whom treatment or services were provided; 10) personal information given to the
borough with the legitimate expectation of privacy in conjunction with borough
services; 1 1) records disclosing individual reserve levels on claims against the borough,
or records or documents pertaining to any claims against the borough or school
district, including, but not limited to, risk management files under any insurance or
self- insurance program, and 12) any records, nondisclosure of which is authorized by
a valid Alaska or federal statute or regulation, or by a privilege, exemption or principal
recognized by the courts, or by a protective order authorized by law; and
WHEREAS, a period of ten days is reasonable for the borough to respond to a request
for information unless unusual circumstances exist; and
WHEREAS, any person in the Kodiak Island Borough should be able to make a request
for information;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH that public policy for obtaining records of the Kodiak Island Borough is
implemented, to be in compliance with the Alaska Public Records Act, by responding
to requests by any person for information that is open to public inspection within ten
days, unless unusual circumstances exist that may take an additional ten days.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE ASSEMBLY OF THE KODIAK
ISLAND BOROUGH that the fees that can be charged for responding to a request be
limited to the actual cost of search, copying, and review as established by resolution
of the assembly.
ATTEST:
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS EIGHTEENTH DAY OF JUNE, 1998
G 4 i
onna F. Smith, CMC /AAE, Borough Clerk
Kodiak Island Borough, Alaska
KODIAK ISLAND BOROUGH
Jeaome M. S
r�
Gar L. Stevens, Presiding Officer
Resolution No. 98 -22
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