84-712.05 Records which may be withheld from the public; enumerated. - Nebraska Statutes

84-712.05. Records whichmay be withheld from the public; enumerated.Thefollowing records, unless publicly disclosed in an open court, open administrativeproceeding, or open meeting or disclosed by a public entity pursuant to itsduties, may be withheld from the public by the lawful custodian of the records:(1) Personal information in records regarding a student, prospectivestudent, or former student of any educational institution or exempt schoolthat has effectuated an election not to meet state approval or accreditationrequirements pursuant to section 79-1601 when such records are maintainedby and in the possession of a public entity, other than routine directoryinformation specified and made public consistent with 20 U.S.C. 1232g, assuch section existed on January 1, 2003;(2) Medical records, other than records of births and deathsand except as provided in subdivision (5) of this section, in any form concerningany person; records of elections filed under section 44-2821; and patientsafety work product under the Patient Safety Improvement Act;(3) Trade secrets, academic and scientific research work whichis in progress and unpublished, and other proprietary or commercial informationwhich if released would give advantage to business competitors and serve nopublic purpose;(4) Records which represent the work product of an attorneyand the public body involved which are related to preparation for litigation,labor negotiations, or claims made by or against the public body or whichare confidential communications as defined in section 27-503;(5) Records developed or received by law enforcement agenciesand other public bodies charged with duties of investigation or examinationof persons, institutions, or businesses, when the records constitute a partof the examination, investigation, intelligence information, citizen complaintsor inquiries, informant identification, or strategic or tactical informationused in law enforcement training, except that this subdivision shall not applyto records so developed or received relating to the presence of and amountor concentration of alcohol or drugs in any body fluid of any person;(6) Appraisals or appraisal information and negotiation recordsconcerning the purchase or sale, by a public body, of any interest in realor personal property, prior to completion of the purchase or sale;(7) Personal information in records regarding personnel ofpublic bodies other than salaries and routine directory information;(8) Information solely pertaining to protection of the securityof public property and persons on or within public property, such as specific,unique vulnerability assessments or specific, unique response plans, eitherof which is intended to prevent or mitigate criminal acts the public disclosureof which would create a substantial likelihood of endangering public safetyor property; computer or communications network schema, passwords, and useridentification names; guard schedules; or lock combinations;(9) The security standards, procedures, policies, plans,specifications, diagrams, access lists, and other security-related recordsof the Lottery Division of the Department of Revenue and those persons orentities with which the division has entered into contractual relationships.Nothing in this subdivision shall allow the division to withhold from thepublic any information relating to amounts paid persons or entities with whichthe division has entered into contractual relationships, amounts of prizespaid, the name of the prize winner, and the city, village, or county wherethe prize winner resides;(10) With respect to public utilities and except as providedin sections 43-512.06 and 70-101, personally identified private citizen accountpayment information, credit information on others supplied in confidence,and customer lists;(11) Records or portions of records kept by a publicly fundedlibrary which, when examined with or without other records, reveal the identityof any library patron using the library's materials or services;(12) Correspondence, memoranda, and records of telephonecalls related to the performance of duties by a member of the Legislaturein whatever form. The lawful custodian of the correspondence, memoranda, andrecords of telephone calls, upon approval of the Executive Board of the LegislativeCouncil, shall release the correspondence, memoranda, and records of telephonecalls which are not designated as sensitive or confidential in nature to anyperson performing an audit of the Legislature. A member's correspondence,memoranda, and records of confidential telephone calls related to the performanceof his or her legislative duties shall only be released to any other personwith the explicit approval of the member;(13) Records or portions of records kept by public bodieswhich would reveal the location, character, or ownership of any known archaeological,historical, or paleontological site in Nebraska when necessary to protectthe site from a reasonably held fear of theft, vandalism, or trespass. Thissection shall not apply to the release of information for the purpose of scholarlyresearch, examination by other public bodies for the protection of the resourceor by recognized tribes, the Unmarked Human Burial Sites and Skeletal RemainsProtection Act, or the federal Native American Graves Protection and RepatriationAct;(14) Records or portions of records kept by public bodieswhich maintain collections of archaeological, historical, or paleontologicalsignificance which reveal the names and addresses of donors of such articlesof archaeological, historical, or paleontological significance unless thedonor approves disclosure, except as the records or portions thereof may beneeded to carry out the purposes of the Unmarked Human Burial Sites and SkeletalRemains Protection Act or the federal Native American Graves Protection andRepatriation Act;(15) Job application materials submitted by applicants, otherthan finalists, who have applied for employment by any public body as definedin section 84-1409. For purposes of this subdivision, (a) job applicationmaterials means employment applications, resumes, reference letters, and schooltranscripts and (b) finalist means any applicant (i) who reaches the finalpool of applicants, numbering four or more, from which the successful applicantis to be selected, (ii) who is an original applicant when the final pool ofapplicants numbers less than four, or (iii) who is an original applicant andthere are four or fewer original applicants;(16) Recordsobtained by the Public Employees Retirement Board pursuant to section 84-1512;(17) Social security numbers;credit card, charge card, or debit card numbers and expiration dates; andfinancial account numbers supplied to state and local governments by citizens; and(18) Information exchangedbetween a jurisdictional utility and city pursuant to section 66-1867. SourceLaws 1979, LB 86, § 5; Laws 1983, LB 108, § 1; Laws 1983, LB 565, § 1; Laws 1993, LB 579, § 6; Laws 1993, LB 590, § 6; Laws 1993, LB 719, § 2; Laws 1994, LB 1061, § 7; Laws 1994, LB 1224, § 88; Laws 1995, LB 343, § 7; Laws 1995, LB 509, § 6; Laws 1999, LB 137, § 1; Laws 2002, LB 276, § 7; Laws 2004, LB 236, § 1; Laws 2004, LB 868, § 3; Laws 2005, LB 361, § 37; Laws 2007, LB389, § 1; Laws 2009, LB188, § 8; Laws 2009, LB658, § 7. Cross ReferencesPatient Safety Improvement Act, see section 71-8701.Unmarked Human Burial Sites and Skeletal Remains Protection Act, see section 12-1201. AnnotationsA public record is an investigatory record under this section where (1) the activity giving rise to the document sought is related to the duty of investigation or examination with which the public body is charged and (2) the relationship between the investigation or examination and that public body's duty to investigate or examine supports a colorable claim of rationality. When an inquiry by an administrative agency departs from the routine and focuses with special intensity on a particular party, an investigation is underway for purposes of this section. Records that have been "disclosed" within the meaning of this section are only those records that a public body has, in its official capacity, already made available to the general public. State ex rel. Neb. Health Care Assn. v. Dept. of Health and Human Services Finance and Support, 255 Neb. 784, 587 N.W.2d 100 (1998).Court upheld Attorney General's refusal to disclose requested documents pursuant to subsections (4) and (5) of this section. State ex rel. Sileven v. Spire, 243 Neb. 451, 500 N.W.2d 179 (1993).