A. Protected records shall be:
1. City records defined as "protected" in section 63G-2-305 of the Act;
2. City records designated or classified as "protected" according to the procedures established in this chapter consistent with the Act;
3. "Drafts", as provided in section 63G-2-305(22) of the Act, which may include records relating to budget analysis and fiscal notes of proposed budgets before issuance of their final recommendations;
4. As provided in section 63G-2-305(10) of the Act, records which, if released, could reasonably be expected to interfere with investigations undertaken for discipline purposes including City records pertaining to internal investigation of City employees such as investigations by the Internal Affairs Division of the City's Police Department;
5. a. As provided in section 63G-2-305(10) of the Act, records created or maintained for discipline purposes against City employees unless:
(1) All available remedies have been exhausted by the employee, including the internal grievance procedures and proceedings before administrative agencies,
(2) All time periods for appeal have expired, and
(3) The disciplinary action was sustained.
b. Notwithstanding subsections A5a(1), A5a(2), and A5a(3) of this section, a record or parts of a record maintained for discipline purposes shall not be disclosed if the release of the record or part of the record:
(1) Reasonably could be expected to interfere with investigations undertaken for discipline or enforcement purposes;
(2) Reasonably could be expected to disclose the identity of a source who is not generally known outside of government or disclose information furnished by a source not generally known outside of government if disclosure would compromise the source;
(3) Reasonably could be expected to disclose investigative techniques, procedures, policies or orders not generally known outside of government if disclosure would interfere with enforcement or audit efforts; or
(4) Reasonably could be expected to jeopardize the life or safety of an individual;
(5) Constitutes a clearly unwarranted invasion of personal privacy.
B. Protected records shall be made available to:
1. The person who submitted the information in the record;
2. A person who has a power of attorney or notarized release, dated not more than ninety (90) days prior to the request, from all persons or governmental entities whose interests were sought to be protected by the protected classification.
3. Any person presenting an order issued by a court of competent jurisdiction. (Ord. 16-17)