Emergency Prep. & Security Info
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MEMORANDUM
July 27,2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Proposed New Resolution - Emergency Preparedness and Security
Information
During the last session of the Iowa Legislature, House File 2590 was passed allowing
cities to exempt certain records from the Public Records Law and keep confidential
records related to emergency preparedness or security procedures. This new
legislation became effective July 1, 2006, but only applies if the local City Council
adopts a rule or policy identifying the specific records or class of records.
Chief of Police Kim Wadding, Fire Chief Dan Brown and Emergency Management
Director Tom Berger recommend City Council approval of a resolution providing for the
confidentiality of emergency preparedness information and security procedures where,
if disclosed, could reasonably be expected to jeopardize the safety of City employees,
visitors, persons, or property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
Dan Brown, Fire Chief
Tom Berger Emergency Management Director
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MEMORANDUM
Date: July 24, 2006
To: Michael C. Van Milligen
City Manager
From: Kim B. Wadding, Police Chief
Dan Brown, Fire Chief
Tom Berger, Emergency Management
Re: Proposed New Resolution - Emergency Preparedness and Security Information
INTRODUCTION:
The purpose of this memorandum is to seek City Council consideration of a city
resolution providing for the confidentiality of emergency preparedness information and
security procedures where, if disclosed, could reasonably be expected to jeopardize the
safety of city employees, visitors, persons, or property.
BACKGROUND:
During the last session of the Iowa Legislature, House File 2590 was passed allowing
cities to exempt certain records from the Public Records Law and keep confidential
records related to emergency preparedness or security procedures. The new legislation
became effective July 1, 2006.
The exemption only applies if the local City Council adopts a rule or policy identifying
the specific records or class of records where the records contain information related to
emergency preparedness and security procedures and if disclosed could reasonably be
expected to jeopardize the safety of city employees, visitors, persons, or property.
DISCUSSION:
Barry Lindahl, Corporation Attorney, has prepared the attached security information
policy resolution outlining the confidentially of certain emergency preparedness and
security procedure records. For the protection of city employees, visitors to city
facilities, person(s) in city care, custody or control, and for the protection of city property
certain security information has been identified as information, if disclosed, would
reasonably be expected to jeopardize the safety of visitors, employees, or property.
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The resolution restricts the release of emergency information developed and maintained
by a government body for the protection of governmental employees, visitors to the
governmental body, persons in the care, custody, or control of the governmental body,
or property under the jurisdiction of the governmental body, if disclosure could
reasonably be expected to jeopardize such employees, visitors, persons, or property.
Additionally, the resolution keeps confidential various emergency response protocols,
architectural, engineering or construction diagrams, and information contained in
records, that if disclosed, would significantly increase the vulnerability of critical physical
systems or infrastructures of the city.
RECOMMENDATION:
It is recommended for City Council consideration to adopt the attached resolution to
establish a Security Information Policy allowing for certain public records involving
security measures to be kept confidential unless otherwise ordered by the court, the
lawful custodian of the records, or any other person duly authorized to release such
information.
ACTION REQUESTED:
City Council consideration to adopt the attached resolution establishing a Security
Information Policy identifying specific records or class of records to which are related to
security measures and emergency preparedness to be kept confidential unless
otherwise ordered by the court, the lawful custodian of the records, or any other person
duly authorized to release such information.
Cc: Barry Lindahl, Corporation Attorney
Cindy Steinhauser, Assistant City Manager
Jeanne Schneider, City Clerk
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RESOLUTION 344 -06
ADOPTING A SECURITY INFORMATION POLICY FOR THE CITY OF
DUBUQUE, IOWA
WHEREAS, Iowa Code S 22.7(52) provides that information concerning
security procedures or emergency preparedness information developed and
maintained by a government body for the protection of governmental employees,
visitors to the government body, persons in the care, custody, or under the
control of the government body, or property under the jurisdiction of the
government body, if disclosure could reasonably be expected to jeopardize such
employees, visitors, persons, or property shall be kept confidential, unless
otherwise ordered by a court, by the lawful custodian of the records, or by
another person duly authorized to release such information; and
WHEREAS, Iowa Code S 227.(52) further provides that such information
includes but is not limited to information directly related to vulnerability
assessments; information contained in records relating to security measures
such as security and response plans, security codes and combinations,
passwords, restricted area passes, keys, and security or response procedures;
emergency response protocols; and information contained in records that if
disclosed would significantly increase the vulnerability of critical physical systems
or infrastructures of a government body to attack; and
WHEREAS, Iowa Code S 22.7(52) further provides that such
confidentiality requirement only applies to information held by a government body
that has adopted a rule or policy identifying the specific records or class of
records to which this subsection applies and which is contained in such a record.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
That the following policy on restriction of security information is hereby
adopted:
Security Information Policy
For the protection of the city employees, visitors to city facilities, persons
in city care, custody or control, and for the protection of city property, the city
council hereby adopts this Security Information Policy, pursuant to Iowa Code S
22.7(52).
1. The following public records shall be kept confidential unless otherwise
ordered by a court, by the lawful custodian of the records, or by another person
duly authorized to release such information:
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(a) Information directly related to vulnerability assessments;
(b) Information relating to security measures such as security and
response plans, security codes and combinations, passwords, restricted
area passes, keys, and security or response procedures;
(c) Emergency response protocols;
(d) Architectural, engineering or construction diagrams; and
(e) Information contained in records that if disclosed would significantly
increase the vulnerability of critical physical systems or infrastructures of
the city to attack.
2. "Public records" includes all records, documents, tape, or other
information, stored or preserved in any medium, of or belonging to this city.
3. The City Manager shall be responsible for implementing the
requirements of this policy.
Passed, approved and adopted this 7th day of August, 2006.
Roy D. Buol, Mayor
ATTEST:
Jeanne F. Schneider, CMC
City Clerk