§ 36.42 EXCEPTIONS.
   The following public records are exempt from the public records policy and state law, and the county and its various departments may not disclose the following records unless such request is specifically required by a state or federal statute or is ordered by a court under the rules of discovery:
   (A)   Those records declared by state or federal law to be confidential;
   (B)   Those records declared to be confidential by a public agency under specific authority to classify such records as confidential pursuant to statute;
   (C)   Those records containing trade secrets;
   (D)   Those records that contain financial information obtained, upon request, from a person. However, this does not include information that is filed with or received by a public agency pursuant to state statute;
   (E)   Those records that contain information concerning research, including actual research documents, conducted under the auspices of a state educational institution, including information:
      (1)   Concerning any negotiations made with respect to the research; and
      (2)   Received from another party involved in the research.
   (F)   Grade transcripts and license examination scores obtained as part of a licensure process;
   (G)   Those records declared confidential by or under rules adopted by the State Supreme Court;
   (H)   Patient medical records and charts created by a provider, unless the patient gives written consent;
   (I)   Information on an application declared confidential by the State Development Corporation;
   (J)   Autopsy reports, photographs, video recordings, or audio recordings;
   (K)   Social Security Numbers contained in the records of a public agency;
   (L)   The following information in a foreclosure action:
      (1)   Contact information for a debtor; and
      (2)   Any document submitted to the court as part of the debtor’s loss mitigation package.
   (M)   Investigatory records of law enforcement agencies or private university police departments;
   (N)   The work product of an attorney representing, pursuant to state employment or an appointment by a public agency:
      (1)   A public agency;
      (2)   The state; or
      (3)   An individual.
   (O)   A local economic development organization that is a nonprofit corporation established under state law whose primary purpose is the promotion of industrial or business development in the state, the retention or expansion of state businesses, or the development of entrepreneurial activities in the state;
   (P)   A governing body of a political subdivision with industrial, research, or commercial prospects, if the records are created while negotiations are in progress;
   (Q)   Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal;
   (R)   Personnel files of public employees and files of applicants for public employment, except for:
      (1)   The name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the agency;
      (2)   Information relating to the status of any formal charges against the employee; and
      (3)   The factual basis for a disciplinary action in which final action has been taken and that resulted in the employee being suspended, demoted, or discharged.
   (S)   Minutes or records of hospital medical staff meetings;
   (T)   Administrative or technical information that would jeopardize a record keeping or security system;
   (U)   Computer programs, computer codes, computer filing systems, and other software that are owned by the public agency or entrusted to it and portions of electronic maps entrusted to a public agency by a utility;
   (V)   Records specifically prepared for discussion or developed during discussion in an executive session;
   (W)   The identity of a donor of a gift made to a public agency if:
      (1)   The donor requires non-disclosure of the donor’s identity as a condition of making the gift; or
      (2)   After the gift is made, the donor or a member of the donor’s family requests non- disclosure.
   (X)   A record or a part of a record, the public disclosure of which would have a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack. A record described under this division (X) includes:
      (1)   A record assembled, prepared, or maintained to prevent, mitigate, or respond to an act of terrorism or an act of agricultural terrorism;
      (2)   Vulnerability assessments;
      (3)   Risk planning documents;
      (4)   Needs assessments;
      (5)   Threat assessments.
      (6)   Intelligence assessments;
      (7)   Domestic preparedness strategies;
      (8)   The location of community drinking water wells and surface water intakes;
      (9)   The emergency contact information of emergency responders and volunteers;
      (10)   Infrastructure records that disclose the configuration of critical systems such as communication, electrical, ventilation, water, and wastewater systems; and
      (11)   Detailed drawings or specifications of structural elements, floor plans, and operating, utility, or security systems, whether in paper or electronic form, of any building or facility located on an airport that is owned, occupied, leased or maintained by a public agency, or any part of a law enforcement recording that captures information about airport security procedures, areas, or systems.
   (Y)   The home address, home telephone number, and emergency contact information for any:
      (1)   Emergency management worker;
      (2)   Public safety officer;
      (3)   Emergency medical responder; and
      (4)   Advanced emergency medical technician.
   (Z)   Records requested by an offender that contain personal information relating to:
      (1)   A correctional officer;
      (2)   A law enforcement officer;
      (3)   A judge;
      (4)   The victim of a crime; or
      (5)   A family member of a correctional officer, law enforcement officer, judge, or victim of a crime.
   (AA)   Criminal intelligence information.
(Ord. 2019-4, passed 2-19-2019)