00SENATE BILL NO. 127                                                                                                     
01 "An Act relating to the confidentiality of personnel records of employees of the                                        
02 Alaska Railroad Corporation."                                                                                           
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 42.40.170(b) is amended to read:                                                                    
05  (b)  Only the following subjects may be discussed in an executive session:                                            
06   (1)  matters, the immediate knowledge of which would clearly have an                                                 
07 adverse effect upon the finances of the corporation;                                                                    
08   (2)  unless the person has requested to have the subjects discussed in                                               
09 public, subjects that tend to prejudice the reputation and character of a person;                                       
10   (3)  matters that, by law or municipal charter or ordinance, are permitted                                           
11 to be kept confidential from public disclosure;                                                                         
12   (4)  matters pertaining to personnel, other than matters available for                                              
13 public inspection under AS 42.40.710(b);                                                                               
14   (5)  matters pertaining to the corporation's legal position;                                                         

01   (6)  land acquisition or disposal; and                                                                               
02   (7)  proprietary or other information of a type treated as confidential                                              
03 under the standards and practices of the United States Interstate Commerce                                              
04 Commission, including practices that protect information associated with specific                                       
05 shippers, divisions, and contract rate agreements.                                                                      
06    * Sec. 2.  AS 42.40.220(b) is amended to read:                                                                       
07  (b)  The corporation may by rule designate and withhold public disclosure of                                          
08 matters of a privileged or proprietary nature.  Those matters include [PERSONNEL                                        
09 RECORDS,] communications with and work product of legal counsel [,] and,                                                
10 consistent with the standards and practices of the United States Interstate Commerce                                    
11 Commission for the protection of these matters, other information including proprietary                                 
12 information associated with specific shippers, divisions, and contract rate agreements.                               
13    * Sec. 3.  AS 42.40.710 is amended by adding a new subsection to read:                                               
14  (b)  Except as provided in this subsection, personnel records of employees of                                         
15 the corporation, including employment applications, resumes, documents submitted in                                     
16 support of an employment application, and examination materials, are confidential and                                   
17 are not open to public inspection.  The following information is available for public                                   
18 inspection, subject to reasonable rules on the time and manner of inspection:                                           
19   (1)  the names and position titles of all employees of the corporation;                                              
20   (2)  the position held by an employee of the corporation;                                                            
21   (3)  prior positions with the corporation held by an employee of the                                                 
22 corporation;                                                                                                            
23   (4)  the dates of appointment and separation of an employee of the                                                   
24 corporation; and                                                                                                        
25   (5)  the compensation paid or authorized for an employee of the                                                      
26 corporation.