Loading...
Emergency Prep. & Security Info i5~~~E ~ck.~ 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. (It! {~ (l!I.{~ 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 ,: -j, (.-j ._' ~_ J ..' . D~~~E ~<k~ 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. ,. . 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 ,. 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: ., , . (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