Records requests by city legislative body.

Authors: Senator Carlin Yoder, Senator James Banks


Requires a city agency (agency) to provide a public record, without redacting any confidential information in the record, to the city council or to a member of the city council (requestor) for a legislative purpose if the following requirements are met: (1) A request: (A) is in writing; (B) complies with all other requirements for a request under the public records act; and (C) contains a statement that the public record is requested for a legislative purpose. (2) The requestor provides proof of membership on the city legislative body. Requires an agency to provide the public record without redacting information or separating disclosable from nondisclosable information. Allows an agency to require the requestor to sign a confidentiality agreement as a condition precedent to releasing the public record. Makes it a Class A infraction for a member of the city legislative body or an employee or staff member of the city legislative body to disclose the public record to anyone other than a member of the city legislative body or an employee or staff member of the city legislative body. Provides that an agency that discloses a public record does not: (1) waive or affect the confidentiality of the public record for purposes of state or federal law; or (2) waive the right in the future to assert exceptions to disclosure of the public record. Provides that an action may be brought under the public records act to compel disclosure of the unredacted public record, except that attorney's fees may not be awarded to the prevailing party. Provides that the provisions in the public records act that permit civil penalties to be assessed against an agency official or employee do not apply to a request for a public record by the city council or member of the city council. Makes a technical correction.