§ 2-312. Exempt from disclosure.

The following public records are exempt from disclosure as public records under the act:

(1)

Information of a personal nature where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy, except as otherwise regulated by other Code provisions of the city.

(2)

Investigating records compiled for law enforcement purposes, but only to the extent that disclosure as a public record would do any of the following:

a.

Interfere with law enforcement proceedings.

b.

Deprive a person of the right to a fair trial or impartial administrative adjudication.

c.

Constitute an unwarranted invasion of personal privacy.

d.

Disclose the identity of a confidential source, or if the record is compiled by a criminal law enforcement agency in the course of a criminal investigation, disclose confidential information furnished only by a confidential source.

e.

Disclose law enforcement investigative techniques or procedures.

f.

Endanger the life or physical safety of law enforcement personnel.

(3)

Records or information specifically described and exempted from disclosure by statute.

(4)

A public record or information described in this section which is furnished by the public body originally compiling, preparing, or receiving the record or information to a public officer or public body in connection with the performance of the duties of that public officer or public body if considerations originally giving rise to the exempt nature of the public record remain applicable.

(5)

Trade secrets or commercial or financial information voluntarily provided to an agency for use in developing governmental policy if:

a.

The information is submitted upon a promise of confidentiality by the public body.

b.

The promise of confidentiality is authorized by the chief administrative officer of the public body or by an elected official at the time the promise is made.

c.

A description of the information is recorded by the public body within a reasonable time after it has been submitted, maintained in a central place within the public body, and made available to a person upon request. This subsection shall not apply to information submitted as required by law or as a condition of receiving a governmental contract, license, or other benefit.

(6)

Information or records subject to the attorney-client, physician-patient, psychologist-patient, minister, priest or Christian Science practitioner or other privilege recognized by statute or court rule.

(7)

A bid or proposal by a person to enter into a contract or agreement until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired.

(8)

Appraisals of real property to be acquired by the public body until:

a.

An agreement is entered into, or

b.

Three years have elapsed since the making of the appraisal unless litigation relative to the acquisition has not yet terminated.

(9)

Test questions and answers, scoring keys, and other examination instruments or data used to administer a license, public employment, or academic examination unless the public interest in disclosure under the act outweighs the public interest in nondisclosure.

(10)

Medical, counseling, or psychological facts or evaluations concerning an individual if the individual's identity would be revealed by a disclosure of those facts or evaluation.

(11)

Communications and notes within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual material and are preliminary to a final agency determination of policy or action. This exemption shall not apply unless the public body shows that in the particular instance the public interest in encouraging frank communications between officials and employees of public bodies clearly outweighs the public interest in disclosure. As used in this subsection, "determination of policy or action" includes a determination relating to collective bargaining unless the public record is otherwise required to be made available under Act No. 336 of the Public Acts of Michigan of 1947 (MCL 423.201 et seq., MSA 17.455(1)), as amended.

(12)

Records of law enforcement communication codes and plans for development of law enforcement personnel which if disclosed would prejudice a public body's ability to protect the public safety unless the public interest in disclosure under the act outweighs the public interest in nondisclosure in the particular instance.

(13)

Unless the public interest in disclosure outweighs the public interest in nondisclosure in the particular instance, public records of a police or sheriff's agency or department, the release of which would do any of the following:

a.

Identify or provide a means of identifying an informer.

b.

Identify or provide a means of identifying a law enforcement undercover officer or agent or a plain clothes officer as a law enforcement officer or agent.

c.

Disclose the personal address or telephone number of law enforcement officers or agents or any special skills that they may have.

d.

Disclose the name, address or telephone numbers of family members, relatives, children or parents of law enforcement officers or agents.

e.

Disclose operational instructions for law enforcement officers or agents.

f.

Reveal the contents of staff manuals provided for law enforcement officers or agents.

g.

Endanger the life or safety of law enforcement officers or agents or their families, relatives, children, parents or those who furnish information to law enforcement departments or agencies.

h.

Identify or provide a means of identifying a person as a law enforcement officer, agent or informer.

i.

Disclose personnel records of law enforcement agencies.

j.

Identify or provide a means of identifying residences which law enforcement agencies are requested to check in the absence of their owners or tenants.

(14)

Except as otherwise provided in this subsection, records and information pertaining to an investigation or a compliance conference conducted by the department of consumer and industry services under Article XV of the Public Health Code, Act No. 368 of the Public Acts of 1978, being sections 333.16101—333.18838 of the Michigan Compiled Laws, before a complaint is issued. This subdivision does not apply to records and information pertaining to one or more of the following:

a.

The fact that an allegation has been received and an investigation is being conducted, and the date the allegation was received.

b.

The fact that an allegation was received by the department of consumer and industry services; the fact that the department of consumer and industry services did not issue a complaint for the allegation; and the fact that the allegation was dismissed.

(15)

Records of a public body's security measures, including security plans, security codes and combinations, passwords, passes, keys and security procedures, to the extent that the records relate to the ongoing security of the public body.

(16)

Records or information relating to a civil action in which the requesting party and the public body are parties.

(17)

Information or records that would disclose the social security number of any individual.

(Code 1963, § 1.401; Ord. No. 1660, 1-12-98)