00SENATE BILL NO. 358 am                                                                                                
01 "An Act relating to the disclosure of certain personnel records that include                                            
02 information about the use of public resources."                                                                         
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
04    * Section 1.  AS 39.25 is amended by adding a new section to read:                                                 
05  Sec. 39.25.085.  Release of certain information in personnel records                                                 
06 concerning the use of public resources.  (a)  A state agency that is authorized by law                                 
07 to audit the state's use of public resources may request the public release to the agency                               
08 of audit results contained in a confidential personnel record that relate to the improper                               
09 use of public resources.  The agency holding the records shall release the audit results                                
10 relating to the improper use of public resources to the auditing agency unless                                          
11 disclosure is prohibited under this section or other law that protects the records on a                                 
12 basis other than that the records are personnel records.                                                                
13  (b)  A state agency holding confidential personnel records that are the subject                                       
14 of a request for public release under (a) of this section shall notify the employee who                                 

01 is the subject of the record of the request for public release of audit results relating to                             
02 the improper use of public resources and of the procedures that the employee may use                                    
03 to protest the public release of the audit results.  The employee may, within 10 days                                   
04 after receiving notice of the request to release the audit results, file with the                                       
05 appropriate reviewing officer a written objection to the public release.  The appropriate                               
06 reviewing officer or the officer's designee shall hold an informal confidential hearing                                 
07 and review the record to determine if the findings and conclusions relating to the                                      
08 improper use of public resources are based on substantial evidence and if the decision                                  
09 in the matter is reasonable.  If the reviewing officer finds that the audit results are not                             
10 based on substantial evidence or that the decision is unreasonable, the officer shall                                   
11 prohibit the public release of the audit results.                                                                       
12  (c)  The appropriate reviewing officer for employees of the executive branch,                                         
13 including employees of the University of Alaska, is the officer appointed by the                                        
14 director of the division of finance, Department of Administration, or the officer's                                     
15 designee.  The appropriate reviewing officer for employees of the judicial branch is                                    
16 the administrative director of the court system.  The appropriate reviewing officer for                                 
17 employees of the legislative branch is the                                                                              
18   (1)  director of the Legislative Affairs Agency for employees of the                                                 
19 agency;                                                                                                                 
20   (2)  legislative auditor for employees of the division of legislative audit;                                         
21   (3)  legislative fiscal analyst for employees of the division of legislative                                         
22 finance;                                                                                                                
23   (4)  ombudsman for employees of the Office of the Ombudsman.                                                         
24  (d)  This section does not apply to the personnel records of legislators or to the                                    
25 records of employees of the legislative branch who are not specifically included in (c)                                 
26 of this section.                                                                                                        
27  (e)  Notwithstanding AS 39.25.110, this section applies to personnel records of                                       
28 employees in the classified, partially exempt, and exempt services except as provided                                   
29 in (d) of this section.                                                                                                 
30  (f)  In this section,                                                                                                 
31    (1)  "division of finance" means that unit of the Department of                                                      

01 Administration that is responsible for the financial records of the state;                                              
02    (2) "resources" means funds, facilities, equipment, goods, services, or                                              
03 other assets.