§ 35.08 EXEMPT RECORDS.
   (A)   The Town Council hereby exempts certain records from public disclosure, unless access to the records is specifically required by a state or federal statute or is ordered by a court order under the rules of discovery.
   (B)   Such exempted records are as follows:
      (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 required to be kept confidential by federal law;
      (4)   Records containing trade secrets, confidential commercial information, or confidential financial information;
      (5)   Investigatory records of law enforcement agencies;
      (6)   The work product of attorneys representing the town, Council members, or any employees;
      (7)   Test questions, scoring keys, and other examination data used in administering a licensing examination before the examination is given or if it is to be given again;
      (8)   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;
      (9)   Records that contain inter-agency or intra-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;
      (10)   Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal;
      (11)   Personnel files of public employees, 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 disciplinary actions in which final action has been taken and that resulted in the employee being disciplined or discharged.
         (d)   However, all personnel file information shall be made available to the affected employee or his or her representative;
      (12)   Administrative or technical information that would jeopardize a record-keeping or security system;
       (13)   Computer programs, computer codes, computer filing systems, and other software that are owned by the public agency or entrusted to it;
      (14)   Records specifically prepared for discussion, or developed during discussion in an executive session under I.C. 5-14-1.5-6.1;
      (15)   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;
      (16)   Library records which can be used to identify any library patron; and
      (17)   Any other records which current or future legislation allows a public agency to exempt. Further action by the Town Council is unnecessary.
(Res. passed 9-22-93)