§ 2.92.050. Exemptions

A. The Public Records Act provides that a number of types of documents are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Requestors should be aware of the following exemptions, outside the Public Records Act, that restrict the availability of some documents held by the city of Anacortes for inspection and copying: Attorney-Client Privilege, Uniform Trade Secrets Act, and "protected healthcare information" (PHI), under the Federal Health Insurance Portability and Protection Act of 1996.

B. The city of Anacortes is prohibited by statute from disclosing lists of individuals for commercial purposes.

C. Deliberative process exemption RCW 42.17.310(1)(i)/42.56.210(1)(i) exempts "Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended" except if the record is cited by the city.

In order to rely on this exemption, the city must show that the records contain predecisional opinions or recommendations of subordinates expressed as part of a deliberative process; that disclosure would be injurious to the deliberative or consultative function of the process; that disclosure would inhibit the flow of recommendations, observations, and opinions; and finally, that the materials covered by the exemption reflect policy recommendations and opinions and not the raw factual data on which a decision is based. Courts have held that this exemption is "severely limited" by its purpose, which is to protect the free flow of opinions by policy makers. It applies only to those portions of a record containing recommendations, opinions, and proposed policies; it does not apply to factual data contained in the record. The exemption does not apply to records or portions of records concerning the implementation of policy or the factual basis for the policy. The exemption does not apply merely because a record is called a "draft" or stamped "draft." Recommendations that are actually implemented lose their protection from disclosure after they have been adopted by the agency.

D. Employment and licensing information as set forth in RCW 42.56.250.

E. Library records as set forth in RCW 42.56.310.

F. Personnel information as set forth in RCW 42.56.230.

(Ord. 2747, 2006; Ord. 2745 Att. A (part), 2006)