2010 Ordinances - Laserfiche WebLink

Home Browse Search

are compelled or protected from disclosure by a court order, the City will comply with the provisions of such order. 2. Invoking of protection from mandatory disclosure for certain documents submitted by a private entity, Before a document of a private entity may be withheld from disclosure, the private entity must make a written request to the City at the time the documents are submitted designating with specificity the documents for which the protection is being sought and a clear statement of the reasons for invoking the protection with reference to one or more of the classes of records provided for under the Code of Virginia and cite the applicable Code provisions. (See Section J.D. 1.) Upon the receipt of a written request for protection of documents, the City shall determine whether the documents contain (i) trade secrets, (ii) financial records, or (iii) other information that would adversely affect the financial interest or bargaining position of the City or private entity. The City shall make a written determination of the nature and scope of the protection to be afforded by the City. If the written determination provides less protection than requested by the private entity, the private entity should be accorded an opportunity to withdraw its proposal. Once a written determination has been made by the City, the documents afforded protection under this subdivision shall continue to be protected from disclosure when in the possession of the City or any affected jurisdiction to which such documents are provided, unless the parties agree otherwise. If a private entity fails to designate trade secrets, financial records, or other confidential or proprietary information for protection from disclosure, such information, records or documents shall be subjectto disclosure under FOIA. 3, Protection from mandatory disclosure for certain City documents, The City may withhold from disclosure memoranda, staff evaluations, or other records prepared by the City, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals where (i) if such records were made public prior to or after the execution of an interim or a comprehensive agreement, the financial interest or bargaining position of the City would be adversely affected, and (ii) the basis for the determination required in clause (i) is documented in writing by the City. Cost estimates relating to a proposed procurement transaction prepared by or for the City shall not be open to public inspection. 4, The City will disclose: (a) procurement records submitted by proposers other than those subject to the written determination of the City as being excluded or exempted under FOIA or other applicable statutes; Page 9 of 29