§92F-12  Disclosure required.  (a)  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)  Rules of procedure, substantive rules of general applicability, statements of general policy, and interpretations of general applicability adopted by the agency;

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

     (4)  Pardons and commutations, as well as directory information 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 to be public;

     (8)  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)  Certified payroll records on public works contracts except social security numbers and home addresses;

    (10)  Regarding contract hires and consultants employed by agencies:

          (A)  The contract itself, the amount of compensation;

          (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 of the agency;

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

    (13)  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)  The name, compensation (but only the salary range for employees covered by or included in chapter 76, and sections 302A-602 to 302A-639, 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)  Information collected and maintained for the purpose of making information available to the general public; and

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

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

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

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

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

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

     (6)  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 §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, c 253, §150; am L 2004, c 92, §3; am L 2005, c 85, §1; am L 2007, c 14, §1; am L 2012, c 133, §5]


Case Notes


  In a suit deciding whether disclosure of county council executive session minutes was required, circuit court properly found that both chapters 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 §92-5, 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 minutes  pursuant to §92-9 and this section.  120 H. 34 (App.), 200 P.3d 403.

  Where plaintiff's asserted reason for wanting to inspect President Obama's birth records was so that plaintiff could verify whether the President was a natural born citizen and thus eligible to serve as president, and while plaintiff may have had a strong desire to personally verify President Obama's eligibility, such desire did not constitute "compelling circumstances affecting the health or safety of any individual" within the meaning of subsection (b)(3); thus, plaintiff failed to state a claim for relief based on subsection (b)(3).  125 H. 104 (App.), 253 P.3d 665.

  Cited:  134 H. 181, 339 P.3d 679 (2014).



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