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<br />Mr. Mulligan said “I would have to look at each individual statute: arrest records you <br />mentioned would be one; medical records; and I would have to sit down and give it some <br />thought if I were to come up with a list. I suppose you could look at the Charter, for instance <br />personnel records, to what extent is a personnel record something that is really more for <br />administrative purposes than Council purposes. That would be one that would probably <br />require a decision on a case by case basis. For instance, if the Council wanted to access a <br />particular personnel matter, what would be the reason for accessing that. I am not saying it <br />would be inappropriate to access it but I think you would have to look at all of the <br />circumstances, so I don’t know I would be comfortable with a blanket rule that states you <br />can access anything. It is really difficult to generalize on a lot of these things because you <br />really need to know what it is you are trying to access and why are you trying to access it.” <br /> <br />Mr. Kraft said his last question is, would coming up with a rule would be next to impossible? <br />Mr. Mulligan said “In terms of a list as to which records may be accessed and which may <br />not. I think a comprehensive list would be difficult but I think there are certain ones you <br />clearly could include, such as arrest records, medical records, except on a need to know <br />type basis. If I were drafting a rule I would probably do is put it in terms of categories and <br />maybe say for instance, closed records for instance. A bigger concern I would have with <br />closed records is maintaining the closed nature of those records. Accessing them is not <br />necessarily the problem but to make sure that those closed records are maintained closed. <br />That is if somebody is accessing the records, that it is not given out to the public without the <br />consent of the majority of the Council.” <br /> <br />Mr. Crow said that even if you go to the conclusion that you can access those records, he <br />thinks at some point in time you need to move beyond that and ask should you access <br />those records and is it appropriate for that information to be out and about and should there <br />be some guidance given to Council. Should there be some guidance given to the <br />employees as to what they can expect about private information they would not like to be <br />outside. This is not can you do it. It is should you do it. <br /> <br />Ms. Ricci asked if we are talking about when we read quotes of a Councilmember on <br />substance of an Executive session. She said, we are talking about records that Council is <br />privy to that are not public. Ms. Ricci said she gets confidential information via email and via <br />hard copy off-site. She asked if it was being said that one format to another is <br />inappropriate? Ms. Ricci asked if she has confidential information whether it is electronic or <br />a hard copy, it is still confidential. Mr. Mulligan agreed. Ms. Ricci said so if it does not go <br />out to a third party, or to the public, it remains confidential and Mr. Mulligan agreed. Ms. <br />Ricci said but it can go within that confidential circle and there is no problem and Mr. <br />Mulligan agreed. Ms. Ricci said Mr. Mulligan was talking about arrest records and she <br />noted that the Council receives arrests records in connection with a liquor license <br />application approval. Mr. Mulligan said that was a separate issue and he has had internal <br />discussion about the appropriateness of using arrest records and how it should be done. <br />Ms. Ricci said we have seen those and Mr. Mulligan said that is his understanding that <br />Council has. Ms. Ricci said that it is then her understanding that it is relevant to liquor <br />licenses and is for a discussion on another day. Ms. Ricci said that so long as it is kept <br />within that pool who can view that information, there is not a problem. Mr. Mulligan said he <br />did not see a problem. <br /> <br />Mr. Price said, “To the City Attorney and I think it relates to and I will take it a little further <br />and I agree with Mr. Crow, should it be, and then there is the question to live ethically. The <br /> <br /> 6 <br /> <br />