2005-01 Disclosure of Exact Salaries OIP Opinion 05-03

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0 . Mr. Michael Tresler January 19, 2005 Page 2 ISSUE PRESENTED Whether a county charter provision requiring disclosure of the exact salaries of covered employees is contrary to the UIPA. BRIEF ANSWER No. The ITIPA is premised on disclosure, i.e., on allowing public access to records maintained by state and county agencies. While the UIPA confers on an agency the discretion to withhold certain types of records (or certain types of information contained in records), it does not require an agency to deny access to those records. Accordingly, we do not believe that a county charter provision that requires disclosure of records that could otherwise be withheld under the UIPA violates or otherwise contradicts the statute. FACTS The Charter requires that the director of finance prepare a proposed annual budget ordinance(`proposed budget'), consisting of the operating and capital budgets for the ensuing fiscal year, and that the proposed budget be submitted by the mayor to the Council. Charter§ 9.02.A. (1992). The Charter also requires the Council, upon receipt of the proposed budget, to publish a notice in the newspaper, announcing, among other things, that the proposed budget is available at the county clerk's office. Charter§ 19.7 (1992). You have advised us that, at the Council's request, the proposed budget consists of a"detailed computer run"that, among other things, lists each of the positions held by county employees by job title and the exact salary corresponding to the specific positions You have also advised us that the budget passed by the Council, i.e., the budget ordinance, also includes all of the positions and corresponding salaries.4 It is our understanding that neither the proposed budget H We understand that the operating budget must include salaries and other expenses necessary for the upkeep,maintenance and operation of the departmental or agency functions. Charter§ 19.04(1992). While we do not read the Charter to require that the exact salary of each county position be included in the proposed budget,the Council apparently interprets the Charter to require that such information to be part of the proposed budget. Accordingly, for the purposes of this opinion,we have considered the Charter to require the proposed budget to include the exact salaries of every county position. 4 The OIP previously concluded that legislative enactments,such as the budget ordinance,are public,without segregation or redaction of any information contained therein. OIP Opinion Letter Number 91-17(Oct. 7, 1991)(salary information about covered employees contained in budget ordinance is public). - OIP Op. Ltr. No. 05-03