Nothing in this chapter shall be construed to require disclosure of records that are:
(a) Preliminary drafts, notes, or interdepartmental, intradepartmental and interagency memoranda which are not retained by the office concerned in the ordinary course of business, provided that the public interest in withholding such records clearly outweighs the public interest in disclosure;
(b) Records pertaining to pending litigation to which the City is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, until such litigation or claim has been finally adjudicated or otherwise settled;
(c) Personnel, medical, hospital or similar records, the disclosure of which would constitute an unwarranted invasion of personal privacy;
(d) Trade secrets;
(e) Geological and geophysical data, plant production data and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence from any person;
(f) Records of complaints to or investigations conducted by the Police Department or the Inspector General of the Police Commission or records of intelligence information or security procedures of the Police Department, or any other City department, or any such investigatory or security files compiled by any other State or local agency for correctional, law enforcement or licensing purposes.
(1) Notwithstanding the foregoing provisions of this subsection, records of intelligence information compiled, collected, maintained or used by the Public Disorder Intelligence Division of the Police Department, and records of intelligence information compiled, collected, maintained or used by any other division, office, section, or any other such unit of the Police Department which pertain to any of the functions of the Public Disorder Intelligence Division as comprised on January 1,1983, and subsequently transferred to such division, office, section, or other such unit, other than records which pertain to the protection of visiting dignitaries and records which pertain to the investigation of prison gangs, shall be subject to disclosure, but only to the extent that disclosure of such records would not:
A. Interfere with an ongoing investigation or enforcement proceeding;
B. Deprive a person of the right to a fair trial or an impartial adjudication;
C. Constitute a unwarranted invasion of personal privacy;
D. Disclose the identity of a confidential source or confidential information furnished only by a confidential source and which pertains to a criminal investigation;
E. Disclose security plans or procedures or investigative techniques or procedures; or
F. Endanger the life or physical safety of any person.
(2) For the purposes of Subdivision (1) of this subsection, “intelligence information” means any information compiled collected, maintained or used for the purpose of investigating suspected or alleged criminal activities or to prevent a crime and associated with an identifiable individual or group whether or not such information relates to a current investigation.
(3) Nothing contained in this Subsection (f) shall be construed to require disclosure of confidential information provided in confidence by any government law enforcement agency for law enforcement purposes to any City department and which that governmental agency would not be required to disclose under the laws which apply to it.
(4) Nothing contained in this Subsection (f) shall be construed to require the specification of each or any exemption under which records or portions of records are withheld.
(g) Test questions, scoring keys, interview tapes, and other examination information used to administer a licensing examination, examination for employment, or academic examination;
(h) Information submitted in connection with wage, salary, and fringe benefit surveys which is received in confidence;
(i) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made for or by the City, relative to the acquisition of property, or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all of the contract agreement obtained;
(j) Information required from any taxpayer in connection with the collection of local taxes which is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying such information;
(k) Library and museum materials made or acquired and presented solely for reference or exhibition purposes;
(l) Records, the disclosure of which is exempted or prohibited pursuant to provisions of Federal or State law, including, but not limited to, provisions of the Evidence Code relating to privilege;
(m) Any public records which are exempted from public inspection by other ordinances and statutes; and
(n) Statements of personal worth or personal financial data filed by an applicant with the City to establish the applicant’s personal qualification for appointment or for a license, certificate, or permit.
(o) Any record where, on the facts of the particular case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. For purposes of this section, the phrase “public interest served by not making the record public”, shall include but not be limited to factors affecting public health, safety and welfare, but when applied to the types of records which are subject to disclosure pursuant to Subdivision (1) of Subsection (f) of this section it shall not include considerations of expense or of administrative burden in making the records or portions thereof which are subject to disclosure available.
SECTION HISTORY
Added by Ord. No. 144,409, Eff. 3-22-73.
Amended by: Subsec. (f), Subsec. (o), Ord. No. 158,139*, Eff. 8-21-83; Subsec. (f), Ord. No. 172,466, Eff. 3-28-99.
* “Freedom of Information Ordinance of 1983.”