(A) The following public records are exempted from disclosure (unless access to the records is specifically required by state or federal statute or is ordered by a court under the rules of discovery):
(1) Those exempted by state statute;
(2) Investigatory records of law enforcement agencies except for disclosure required by I.C. 5-14-3-5;
(3) The work product of attorneys representing the city, a city official, department, commission, agency, or employee;
(4) Records relating to negotiations of the Economic Development Commission with industrial, research, or commercial prospects while negotiations are in progress;
(5) Records that contain intra-agency or inter-agency advisory or deliberative material that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision-making;
(6) Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal;
(7) Personnel files of public employees (however, all personnel file information shall be made available to the affected employee or his representative), except for:
(a) 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;
(b) Information relating to the status of any formal charges against the employee; and
(c) Information concerning the disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged;
(8) Administrative or technical information that would jeopardize a record keeping or security system;
(9) Computer programs, computer codes, computer filing systems, and other software that are owned by the public agency or entrusted to it;
(10) Records specifically prepared for discussion or developed during a discussion in an executive session under I.C. 5-14-1.5-6.1;
(11) The identity of a donor of a gift made to a public agency if the donor requires nondisclosure of his identity as a condition of making the gift; and
(12) Any other record which current or future legislation allows a public agency to exempt. Further action by the city is unnecessary.
(B) The following procedures, fee schedules, and policies are adopted to implement compliance with I.C. 5-14-3-l et seq.:
(1) Written requests will be received by the person having custody of the records for a department or agency between 8:00 a.m. and 4:00 p.m. on regular business days. The request must identify, on forms provided by the city, the record for which disclosure is sought.
(2) Fees for copies are as follows. Fees are payable before any record is duplicated and may be paid by cash or money order payable to the city.
(a) Pages not larger than nine inches by 14 inches: $.10.
(b) Pages larger than nine inches by 14 inches: $.10.
(c) Existing computer printouts: $.10.
(d) Initial printout from computer files: $.10.
(e) Any other record: The actual cost of copying.
(3) The persons having custody of the records shall have 24 hours in which to respond to a request for inspection. Whenever a request is received on a Friday or on a day preceding a day on which city offices are closed, the person responsible for release decisions shall have until the same hour on the next business day in which to respond.
(4) With respect to records which are determined not to be available, a representative of the department or agency will certify upon the request form that the city does not possess the record or that it could not be found after diligent search, and return one copy of the form to the requestor.
(5) Records may be inspected only at the office or location where they are regularly maintained.
(6) The person having custody of the city records shall be guided first by the Indiana Access to Public Records Act and amendments, if any; second by state and federal law regarding privacy, confidentiality, and disclosure requirements of certain public records; and third, by this section which excludes certain records from disclosure.
(7) Whenever a request for disclosure is denied by the person responsible for release decisions, the person making the request may appeal the denial to the Board of Public Works and Safety.
(8) The city will not create or provide lists of names and addresses unless it is required to publish those lists and disseminate them pursuant to statutes.
(9) Fees for copying as set out above shall be adjusted as permitted by state statute. The Board of Public Works and Safety is authorized to set copying fees lower than the maximum established by statute and to set any fees not limited by the statute but permitted by statute.
(Ord. 83-40, passed 12-27-83)