In addition to those records listed in § 36.01 which may not be disclosed, the city hereby declares the following discretionary areas of public records which shall also be exempt from public disclosure:
(A) Investigatory records of a law enforcement agency, except those law enforcement records which must be made available for inspection and copying as provided in I.C. 5-14-3-5;
(B) The work product of an attorney representing the city or any of its departments or agencies or any individual;
(C) 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;
(D) 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;
(E) Records relating to negotiations between the Department of Commerce, the Employment Development Commission, the Corporation for Science and Technology or Economic Development Commission with industrial research or commercial prospects while negotiations are in progress;
(F) 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;
(G) Diaries, journals or other personal notes serving as a functional equivalent of a diary or journal;
(H) 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;
(3) Information concerning disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged; and
(4) All personnel file information shall be made available to the affected employee or his or her representative.
(I) Patient medical records and charts created by a provider if the patient gives his or her written consent, and minutes or records of hospital staff meetings;
(J) Administrative or technical information that would jeopardize a record-keeping or security system;
(K) Computer programs, computer codes, computer filing systems and other software that are owned by the public agency or entrusted to it;
(L) Records specifically prepared for discussion or develop during discussion in an executive session under I.C. 5-14-1.5-6.1;
(M) The identity of a donor of a gift made to a public agency if the donor requires nondisclosure of his or her identity as a condition of making the gift;
(N) Library or archival records which can be used to identify any library patron or deposited with or acquired by a library upon a condition that the records be disclosed only to qualified researchers; after the passing of a period of years that is specified in the documents under which the deposit or acquisition is made; or after the death of person specified at the time of the acquisition or deposit. However, nothing in this division (N) shall limit or affect contracts entered into by the Indiana State Library pursuant to I.C. 4-1-6-8;
(O) The identity of any person who contacts the Bureau of Motor Vehicles concerning the ability of a driver to operate a motor vehicle safely and the medical records and evaluations made by the Bureau of Motor Vehicles staff or members of the Driver License Advisory Committee. However, upon written request to the Commissioner of the Bureau of Motor Vehicles, the driver must be given copies of the driver's medical records and evaluations that concern the driver; and
(P) School safety and security measures, plans and systems, including emergency preparedness plans developed under 511 I.A.C. 6.1-2-2.5.
(Res. R-84-10, passed 4-2-1984)
Statutory reference:
Certain records exempt from disclosure requirements, see I.C. 5-14-3-4(b)