§92F-12  Disclosure required.  (a)  Anyother provision in this chapter to the contrary notwithstanding, each agencyshall make available for public inspection and duplication during regularbusiness hours:

(1)  Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of generalapplicability adopted by the agency;

(2)  Final opinions, including concurring anddissenting opinions, as well as orders made in the adjudication of cases,except to the extent protected by section 92F-13(1);

(3)  Government purchasing information, including allbid results, except to the extent prohibited by section 92F-13;

(4)  Pardons and commutations, as well as directoryinformation concerning an individual's presence at any correctional facility;

(5)  Land ownership, transfer, and lien records,including real property tax information and leases of state land;

(6)  Results of environmental tests;

(7)  Minutes of all agency meetings required by law tobe public;

(8)  Name, address, and occupation of any personborrowing funds from a state or county loan program, and the amount, purpose,and current status of the loan;

(9)  Certified payroll records on public workscontracts except social security numbers and home addresses;

(10)  Regarding contract hires and consultants employedby agencies:

(A)  The contract itself, the amount ofcompensation;

(B)  The duration of the contract; and

(C)  The objectives of the contract,

except social security numbers and home addresses;

(11)  Building permit information within the control ofthe agency;

(12)  Water service consumption data maintained by theboards of water supply;

(13)  Rosters of persons holding licenses or permitsgranted by an agency that may include name, business address, type of licenseheld, and status of the license;

(14)  The name, compensation (but only the salary rangefor employees covered by or included in chapter 76, and sections 302A-602 to302A-640, and 302A-701, or bargaining unit (8)), job title, business address,business telephone number, job description, education and training background,previous work experience, dates of first and last employment, position number,type of appointment, service computation date, occupational group or class code,bargaining unit code, employing agency name and code, department, division,branch, office, section, unit, and island of employment, of present or formerofficers or employees of the agency; provided that this paragraph shall notrequire the creation of a roster of employees; and provided further that thisparagraph shall not apply to information regarding present or former employeesinvolved in an undercover capacity in a law enforcement agency;

(15)  Information collected and maintained for thepurpose of making information available to the general public; and

(16)  Information contained in or compiled from atranscript, minutes, report, or summary of a proceeding open to the public.

(b)  Any provision to the contrarynotwithstanding, each agency shall also disclose:

(1)  Any government record, if the requesting personhas the prior written consent of all individuals to whom the record refers;

(2)  Government records which, pursuant to federal lawor a statute of this State, are expressly authorized to be disclosed to theperson requesting access;

(3)  Government records pursuant to a showing ofcompelling circumstances affecting the health or safety of any individual;

(4)  Government records requested pursuant to an orderof a court;

(5)  Government records pursuant to a subpoena fromeither house of the state legislature; and

(6)  Information from the motor vehicle registrationfiles, provided that the person requesting such files shall have a legitimatereason as determined by rules. [L 1988, c 262, pt of §1; am L 1989, c 160, §3;am L 1991, c 167, §1; am L 1992, c 185, §1; am L 1996, c 89, §8; am L 2000, c253, §150; am L 2004, c 92, §3; am L 2005, c 85, §1; am L 2007, c 14, §1]

 

Case Notes

 

  In a suit decidingwhether disclosure of county council executive session minutes was required,circuit court properly found that both chapter 92 and 92F applied; if themeeting met an exception to the open meeting requirements put forth in thischapter 92, such as an exception enumerated in §92-5, the council was notrequired to disclose the minutes of that meeting to the public; if the meetingdid not fall under such an exception, the council was required to disclose theminutes  pursuant to §92-9 and this section.  120 H. 34 (App.), 200 P.3d 403.