ยง92F-12 - Disclosure required.
ยง92F-12ย Disclosure required. ย (a)ย Any
other provision in this chapter to the contrary notwithstanding, each agency
shall make available for public inspection and duplication during regular
business hours:
(1)ย Rules of procedure, substantive rules of generalย
applicability, statements of general policy, and interpretations of general
applicability adopted by the agency;
(2)ย Final opinions, including concurring and
dissenting opinions, as well as orders made in the adjudication of cases,
except to the extent protected by section 92F-13(1);
(3)ย Government purchasing information, including all
bid results, except to the extent prohibited by section 92F-13;
(4)ย Pardons and commutations, as well as directory
information concerning an individual's presence at any correctional facility;
(5)ย Land ownership, transfer, and lien records,
including real property tax information and leases of state land;
(6)ย Results of environmental tests;
(7)ย Minutes of all agency meetings required by law to
be public;
(8)ย Name, address, and occupation of any person
borrowing funds from a state or county loan program, and the amount, purpose,
and current status of the loan;
(9)ย Certified payroll records on public works
contracts except social security numbers and home addresses;
(10)ย Regarding contract hires and consultants employed
by agencies:
(A)ย The contract itself, the amount of
compensation;
(B)ย The duration of the contract; and
(C)ย The objectives of the contract,
except social security numbers and home addresses;
(11)ย Building permit information within the control of
the agency;
(12)ย Water service consumption data maintained by the
boards of water supply;
(13)ย Rosters of persons holding licenses or permits
granted by an agency that may include name, business address, type of license
held, and status of the license;
(14)ย The name, compensation (but only the salary range
for employees covered by or included in chapter 76, and sections 302A-602 to
302A-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 former
officers or employees of the agency; provided that this paragraph shall not
require the creation of a roster of employees; and provided further that this
paragraph shall not apply to information regarding present or former employees
involved in an undercover capacity in a law enforcement agency;
(15)ย Information collected and maintained for the
purpose of making information available to the general public; and
(16)ย Information contained in or compiled from a
transcript, minutes, report, or summary of a proceeding open to the public.
(b)ย Any provision to the contrary
notwithstanding, each agency shall also disclose:
(1)ย Any government record, if the requesting person
has the prior written consent of all individuals to whom the record refers;
(2)ย Government records which, pursuant to federal law
or a statute of this State, are expressly authorized to be disclosed to the
person requesting access;
(3)ย Government records pursuant to a showing of
compelling circumstances affecting the health or safety of any individual;
(4)ย Government records requested pursuant to an order
of a court;
(5)ย Government records pursuant to a subpoena from
either house of the state legislature; and
(6)ย Information from the motor vehicle registration
files, provided that the person requesting such files shall have a legitimate
reason as determined by rules. [L 1988, c 262, pt of ยง1; am L 1989, c 160, ยง3;
am L 1991, c 167, ยง1; am L 1992, c 185, ยง1; am L 1996, c 89, ยง8; am L 2000, c
253, ยง150; am L 2004, c 92, ยง3; am L 2005, c 85, ยง1; am L 2007, c 14, ยง1]
Case Notes
ย In a suit deciding
whether disclosure of county council executive session minutes was required,
circuit court properly found that both chapter 92 and 92F applied; if the
meeting met an exception to the open meeting requirements put forth in this
chapter 92, such as an exception enumerated in ยง92-5, the council was not
required to disclose the minutes of that meeting to the public; if the meeting
did not fall under such an exception, the council was required to disclose the
minutesย pursuant to ยง92-9 and this section.ย 120 H. 34 (App.), 200 P.3d 403.