(A) All official books and records kept by any officer or employee shall be open to inspection by the Town Council or Clerk-Treasurer at any reasonable time. This provision may not be construed as permitting a Council member or the Clerk-Treasurer to disclose to unauthorized persons any information of record which is declared confidential by law or ordinance. When an officer or employee leaves office, all official books and records kept by that officer or employee shall be delivered to the successor, or, if no successor has yet been appointed or taken office, to the Clerk-Treasurer.
(B) The following records are exempted from the disclosure requirements of IC 5-14-3-3, as authorized by IC 5-14-3-4(b):
(1) Investigatory records of the Police Department and the Fire Department, except those records required to be available for inspection and copying by IC 5-14-3-5.
(2) The work product of any attorney representing the town.
(3) Test questions, scoring keys, and other examination data used in administering a licensing examination, examination for employment, before the examination is given and if the same examination is to be given again.
(4) Scores of tests, if the person taking the test is identified by name and has not consented to the release of his or her scores.
(5) Records relating to negotiations between the town, the Redevelopment Commission, the Economic Development Commission, with an industrial, a research or a commercial prospect, if the records are created while negotiations are in progress.
(6) Notwithstanding subsection (B)(5) above, the terms of the final offer of public financial resources communicated by the Town Council, the Redevelopment Commission, or the Economic Development Commission to an industrial, a research, or a commercial prospect shall be available for inspection and copying under IC 5-14-3-3 after negotiations with that prospect have been terminated.
(7) Records that are advisory or deliberative material, including material developed by a private contractor under contract with the town, the Redevelopment Commission, or the Economic Development Commission that are expressions of opinion or are of a speculative nature, and that are communicated for the purpose of decision making.
(8) Diaries, journals, or other personal notes serving as the functional equivalent of a diary or journal.
(9) Personnel files of public employees and files of applicants for public employment except:
(a) The name, compensation, job title, business address, business telephone number, job description, if any, education and training background, previous work experience, or dates of first and last employment of present or former officers or employees of the agents of the town.
(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. However, all personnel file information shall be made available to the affected employee or his representative. However, request for personnel information on all employees, or for groups of employees, without the request being particularized by employee name, shall not be disclosed and shall be subject to the exemption from disclosure of this section.
(10) Administrative or technical information that would jeopardize a recordkeeping or security system.
(11) Computer programs, computer codes, computer filing systems, and other software that are owned by the town or entrusted to the town or portions of electronic maps entrusted to the town by a utility.
(12) Records specifically prepared for discussion or developed during discussion at an executive session under IC 5-14-1.5-6.1. However, this subdivision does not apply to that information required to be available for inspection and copying under subsection (B)(9) above.
(13) The identity of a donor of a gift made to the town or its Park Department or any other agency whose members are appointed in whole or in part by the town if:
(a) The donor requests non-disclosure of his or her identity as a condition of making the gift, or
(b) After the gift is made, the donor or member of the donor's family request non-disclosure.
('85 Code, § 2-3-4) (Ord. 1985-C6, passed 9-16-85; Am. Ord. 98-10-01, passed 10-27-98)