60.03.070 Records Exempt from Disclosure

A public body may exempt from disclosure the following information.

(a) Trade secrets, which are defined as unpatented, secret, commercially valuable plans, appliances, formulas, or processes, which are used for the making, preparing, compounding, treating, or processing of Titles or materials which are trade commodities obtained from a person and which are generally recognized as confidential; and work products, in whole or in part collected or produced for sale or resale, and paid subscriber information. Trade secrets also include, for those public bodies who market services or products in competition with others, feasibility, planning, and marketing studies, and evaluations and other materials which contain references to potential customers, competitive information, or evaluation.

(b) Information of a personal nature where the public disclosure of the information would constitute unreasonable invasion of personal privacy. Information of a personal nature includes, but not be limited to. enrollment number, social security number, personal address, personal telephone number, and the following information in a manner that identifies it to a specific person or entity: information as to gross receipts contained in applications for business licenses, rental rate, tribal levy and lease taxes. This provision shall not be interpreted to restrict access by a member to information contained in public records. If the personal information may be redacted from the public record with an effort that the public body determines is reasonable, the public body may choose to provide the record in redacted form. Costs for redacting may be charged to the requestor.

(d) Documents of, and documents incidental to, a proposed RFP, bid, contractual arrangement or proposed sale or purchase of real property; however:

(1) These documents are not exempt from disclosure once a contract is entered into or the property is sold or purchased except as otherwise provided in this section.

(2) A contract for the sale or purchase of real property shall remain exempt from disclosure until the deed is executed, by this exemption applies only to those contracts for sale or purchase where the execution of the deed occurs within 24 months from the date of the sale or purchase.

(3) Confidential proprietary information provided to a public body for economic development or contract negotiation purposes is not required to be disclosed.

(e) Judicial or quasi-judicial records associated with juvenile cases, mental health or addiction commitment, guardianship, and probate matters.

(f) Correspondence, work-products and/or communications of legal counsel for a public body and any other material that would violate attorney-client relationships, or concerning the prosecution, defense, settlement or litigation of any judicial action, or any administrative or other type of proceeding to which the Tribe is a party or by which it is or may be directly affected. Written communication and copies there of shall not be open to public inspection, examination or copying unless specifically made public by the Tribal Council.

(g) Memoranda, correspondence, and working papers in the possession of individual members of the executive and legislative branches or persons employed in their immediate staffs; however, nothing herein may be construed as limiting or restricting public access to source documents or records, factual data or summaries of factual data, papers, minutes, or reports otherwise considered to be public information under the provisions of this title and not specifically exempted by any other provisions of this title.

(h) Memoranda, correspondence, documents, and working papers relative to efforts or activities of a public body to attract business or industry to invest within the Tribe.

(i) A record of a public or of its fiduciary agents that discloses deliberations about, or a tentative or final decision on, investments or other financial matters is exempt from the disclosure requirements of this title, to the extent and so long as disclosure would jeopardize the ability to implement an investment or financial decision, or to execute the program or plan or to achieve investment, financial, plan or program objectives.

(j) The identity, information tending to reveal the identity, of any individual who in good faith makes a complaint or otherwise discloses information, which alleges a violation or potential violation of law or regulation by a public body; provided, however, that if the complaint or information is used in a prosecution in a judicial or quasi-judicial proceeding, this subsection shall not preclude the defendant's due process rights to confront and examine the complainant and witnesses.

(k) If any public record contains material which is not exempt under this section, the public body shall separate or redact the exempt and the nonexempt material and make the nonexempt material available in accordance with the requirements of this title.

(l) Tax information of a public body except as determined by the Chairman.

(m) Information and records the disclosure of which would reveal an account number used for payment or collection of money.

(n) Financial records of the Tribe's Gaming Enterprises and Tribal Business Enterprises which are proprietary records.

(o) Information that is part of negotiations in a proposed land purchase by the Tribe until that land purchase is completed.

(p) Records describing the health, condition, family status, parentage, care, placement or adoption of juveniles who are in the custody of a public body other than a public law enforcement agency or public emergency medical services agency. In this subsection, a juvenile is a person who is younger than 18 years of age.