(A) As required by the Act, those public records maintained by the city and described in I.C. 5-14-3-4(a) or I.C. 5-14-3-4(b) are hereby exempted from public disclosure unless access to the records is specifically required by state or federal statute or ordered by a court under rules of discovery.
(`90 Code, § 2.70.020)
(B) As permitted by the Act at the discretion of the public agency, the city does hereby determine that those public records maintained by the city and described in I.C. 5-14-3-4(a) or I.C. 5-14-3-4(b) are hereby exempted from public access unless access to the records is specifically required by state or federal statute or ordered by a court under rules of discovery. The records shall include the following:
(1) Those declared confidential by state statute;
(2) Those declared confidential by rule adopted by a public agency under specific authority to classify public records as confidential granted to the public agency by statute;
(3) Those records to be kept confidential by federal law;
(4) (a) Records containing:
1. Trade secrets;
2. Confidential commercial information; or
3. Confidential financial information obtained upon request from a person.
(b) However, this does not include information that is filed with or received by a public agency pursuant to statute.
(5) Information concerning research, including actual research documents, conducted under the auspices of an institution of higher education including information:
(a) Concerning any negotiations made with respect to the research; and
(b) Received from another party involved in the research.
(6) Investigatory records of a law enforcement agency, except those law enforcement records which must be made available for inspection and copying as provided in § 5 of the Access to Public Records Act;
(7) The work product of an attorney representing the city or any of its departments or agencies or any individual;
(8) Test questions, scoring keys and other examination data used in administering a licensing examination, examination for employment or academic examination before the examination is given or if it is to be given again;
(9) Scores of tests or license examinations if the person is identified by name and has not consented to the release of his or her scores;
(10) Records relating to negotiations between the Department of Commerce, the Employment Development Commission, the Film Commission, the Corporation for Science and Technology or Economic Development Commissions with industrial research or commercial prospects while negotiations are in progress;
(11) Records that contain intra-agency or inter-agency advisory or a deliberative material that are expressions of opinion or are of a speculative nature and that are communicated for the purpose of decision making;
(12) Diaries, journals or other personal notes serving as a functional equivalent of a diary or journal;
(13) (a) Personnel files of public employees except for:
1. The name, compensation, application for employment or appointment, 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. Information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged.
(b) However, all personnel file information shall be made available to the affected employee or his or her representative.
(14) Administrative or technical information that would jeopardize a recordkeeping or security system;
(15) Computer programs, computer codes, computer filing systems and other software that are owned by the public agency or entrusted to it;
(16) Records specifically prepared for discussion or developed during discussion in an executive session under I.C. 5-14-1.5-6.1; and
(17) The identity of a donor of a gift made to a public agency if the donor requires non-disclosure of his or her identity as a condition of making the gift.
(`90 Code, § 2.70.030)
(Ord. 96-25, passed - -)