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(A) Discretion. When preparing a supplement to this municipal code, the codifier (that is, the person, agency, or organization authorized to prepare the supplement) may make formal nonsubstantive changes in ordinances and parts of ordinances included in the supplement as necessary to embody them into a unified code. For example, the codifier may:
(1) Organize the ordinance material into appropriate sections and subdivisions;
(2) Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the ordinance printed in the supplement and make changes in such catchlines, headings, and titles;
(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this section," and the like, as may be appropriate, or to "sections to " (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code;
(5) Insert appropriate section numbers in references to code sections such as "section " or "sections to " which are not filled in prior to adoption of an ordinance;
(6) Correct the spelling of words, correct obvious typographical errors, correct erroneous division and hyphenation of words, capitalize or decapitalize words, and make other similar changes in accordance with accepted usage or for consistency with other provisions of the code;
(7) Change terminology for consistency with terminology used in other provisions of the code; and
(8) Make other nonsubstantive changes necessary to incorporate ordinance material into the code while preserving the original meaning of the ordinance sections.
(B) Prohibition. In no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code and not repealed by any ordinance.
(A) Except as expressly stated by applicable Statutes of the State of Nebraska and as incorporated in § 10.20 hereof, all citizens of the city, and all other persons interested in the examination of the public records of the city, are hereby fully empowered and authorized to examine such records and make memoranda copies thereof, subject to the following:
(1) If the requester is using their own copying or photocopying equipment, there shall be no charge provided the copying or photocopying is done by the requester during the regular business hours, as established by the governing body of the city, from time to time, in the city's administrative office or at a location mutually agreeable to the requester and the Mayor of the city.
(2) If the requester does not have their own copying or photocopying equipment, and if the city has copying equipment reasonably available, said copies may be obtained by the requester in any form designed by the requester in which the public record is maintained or produced, including, but not limited to, printouts, electronic data, disc, tapes, and photocopies, subject to the following:
(a) The city may charge a fee for providing copies of such public record which fee shall not exceed the actual cost of making the copies available. Said actual cost shall have been established previous thereto by the governing body of the city pursuant to a resolution and made available, in written form, to the requester prior to the requester requesting copies of the requested public record.
1. For photocopies, the actual cost of making the copies available shall not exceed the amount of the reasonably calculated actual cost of photocopies.
2. For printouts of computerized data on paper, the actual cost of making copies available shall include the reasonably calculated actual cost of computer run time and the cost of materials for making the copies.
3. For electronic data, the actual cost of making the copies available shall include the reasonably calculated actual cost of the computer run time, any necessary analysis and programing, and the production of the report in the form furnished to the requester.
(b) The city shall not be required to produce or generate any public record in a new or different form or format modified from that of the original public record.
(c) If the city determines that the cost of the copies requested is in excess of $50, the city may require the requester to furnish a deposit prior to fulfilling such request.
(B) Upon receipt of a written request for access to or copies of a public record, and if there is no legal basis for denial of access for copies, the city shall provide to the requester as soon as practical and without delay, but not more than four business days after actual receipt of the request, either:
(1) Access to the public record, or
(2) If copying equipment is reasonably available, copies of the public record.
(C) If there is a legal basis for denial of access for copies, a written denial of the request shall contain the following:
(1) A description of the contents of the records withheld and a statement of the specific reason for the denial including citations to the particular statute and subsection expressly providing the exception relied upon as authority for the denial; and
(2) The name of the public official or employee responsible for the decision to deny the request, and
(3) Notification to the requester of any administrative or judicial right of review; or
(4) If the entire request cannot with reasonable good faith efforts be fulfilled within four business days after actual receipt of the request due the significant difficulty or the extensiveness of the request, a written explanation, including the earliest practical date for fulfilling the request, an estimate of the expected cost of any copies, and an opportunity for the requester to modify or prioritize the items within the request.
(D) Any reasonably segregable public portion of a record shall be provided to the requester as a public record upon request after deletion of the portions which may be confidential in nature pursuant to § 10.20 hereof.
(Ord. 2123, passed 3-26-2013)
Pursuant to Neb. RS 84-712.05, and this chapter, the following records of the city shall be considered “confidential records”:
(A) Medical records, other than records of births and deaths, in any form concerning any person.
(B) Records which represent the work product of the city's attorney and the city which are related to preparation of litigation, labor negotiations, or claims made by or against the city or which are confidential communications between the attorney and the governing body of the city.
(C) Records developed or received by the city Police Department and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, when the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquires, information identification, or strategic or tactical information used in law enforcement training, except those records developed or received relating to the presence of an amount or concentration of alcohol or drugs in any body fluid of any person.
(D) Appraisals or appraisal information and negotiation records concerning the purchase or sale, by the city, of any interest in real or personal property, prior to completion of the purchase or sale.
(E) Personal information in records regarding personnel of the city other than salaries and routine directory information.
(F) Information solely pertaining to protection of the security of public property and persons on or within public property, such as specific, unique vulnerability assessments or specific, unique response plans, either of which is intended to prevent or mitigate criminal acts the public disclosure of which would create a substantial likelihood of endangering public safety or property; computer or communications network schema, passwords, and user identification names; guard schedules; lock combinations; or public utility infrastructure specifications or design drawings the public disclosure of which would create a substantial likelihood of endangering public safety or property, unless otherwise provided by state or federal law.
(G) Personally identified private citizen account payment and customer use information, credit information on others supplied in confidence, and customer lists.
(H) Records or portions of records kept by the the city Library, which, when examined with or without other records, reveal the identity of any library patron using the library's materials or services.
(I) Job application materials submitted by applicants, other than finalists, who have applied for employment by the city. JOB APPLICATION MATERIALS means employment applications, resumes, reference letters, school transcripts. FINALIST means any applicant who reaches the final pool of applicants, numbering four or more, from which the successful applicant is to be selected, or who is the original applicant when the final pool of applicants numbers less than four or who is an original applicant and there are four or fewer applicants.
(J) Social security numbers; credit card; charge card, or debit card numbers and expiration dates; and financial account numbers supplied to the city by citizens/customers of the city services.
(Ord. 2123, passed 3-26-2013)
(A) Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this code of ordinances, set forth at length herein or incorporated herein by reference shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500 dollars for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(B) Any official and/or employee of the city who shall violate the provisions of applicable Statutes of the State of Nebraska and § 10.20 of this chapter regarding confidential records, shall be subject to removal or impeachment or termination of employment and in addition shall be deemed guilty of a Class III misdemeanor under prosecution by the Saunders County Attorney or be determined to be guilty of an infraction under § 10.99 of the Wahoo Municipal Code if under prosecution by the attorney of the city.
(Ord. 1712, passed 1-27-00; Am. Ord. 1792, passed 2-13-02; Am. Ord. 2123, passed 3-26-2013)