(A) As a public agency within the commonwealth, the city is subject to the Kentucky Open Records Act, KRS 61.870 et seq. Procurement related public records, which are not exempt from disclosure under the statutory exceptions outlined in KRS 61.878, shall be open to public inspection and disclosure, upon request.
(B) Requests regarding the public availability of any procurement documentation or record shall be directed to the City Clerk, and made in accordance with the requirements of the city’s Open Records Policy, the city’s code of ordinances Chapter 39.
(C) In accordance with KRS 61.878(1)(o), records of a procurement process under KRS Ch. 45A or 56 shall be exempt from public disclosure under the state’s Open Records Act, until:
(1) A contract is awarded; or
(2) The procurement process is canceled without award of a contract and there is a determination that the contract will not be resolicited.
(D) Parties engaged in business with the city, or seeking to engage in business with the city, should take care to not disclose any confidential or proprietary information, or trade secrets, when providing information to the city, and if absolutely necessary, should mark said records as “CONFIDENTIAL - DO NOT DISCLOSE”. The city recognizes the need for confidentiality in some records and will work to withhold confidential information exempted from disclosure, but cannot guarantee nondisclosure.
(1984 Code, § 35.79) (Ord. O-24-19, passed 7-23-2019)