8.12.110 Trade secret protection.
A. If a user believes that a request for information made in the disclosure from involves the release of a trade secret, the user shall so notify the coordinator in writing. As used in this chapter “trade secret” shall have the meaning given to it by Section 6254.7 of the Government Code of the state and Section 1060 of the Evidence Code of the state. The form shall nonetheless be filed with the coordinator pursuant to this section.
B. Subject to the provisions of this section, the coordinator shall protect from disclosure any trade secret coming into its possession when requested to do so in writing by the user.
C. Any information reported to or otherwise obtained by the coordinator, or any of its representatives or employees, which is exempt from disclosure pursuant to subsection B of this section shall not be disclosed to anyone except:
1. To an officer or employee of the city, the state or the United States of America in connection with the official duties of such officer or employee under any law for the protection of the health, or to contractors with the city and their employees if, in the opinion of the coordinator, such disclosure is necessary and required for the satisfactory performance of a contract for performance or work; or,
2. To any physician where the physician determines that such information is necessary to the medical treatment of a patient.
D. For the purpose of this section, fire and emergency response personnel and county health personnel operating within the jurisdiction of the city shall be considered employees of the city.
E. Any officer or employee of the city, or former officer or employee, who, by virtue of such employment for official position, has obtained possession of or has access to information, the disclosure of which is prohibited by this section and how, knowing that the disclosure of the information is prohibited, knowingly and wilfully discloses the information in any manner to any person not entitled to receive it shall be guilty of a misdemeanor. Any contractor with the city, and any employee of such contractor who has been furnished information as authorized by this section shall be considered to be an employee of the city for the purposes of this section. Any physician who has been furnished information or who has obtained information pursuant to subsection C of this section and who, knowing that the disclosure of the information is prohibited, knowingly and wilfully discloses the information shall be guilty of a misdemeanor.
F. Information certified by appropriate officials of the United States, as necessarily kept secret for national defense purposes, shall be accorded the full protection against disclosure as specified by such officials or in accordance with the laws of the United States.
G. Upon receipt of a request for the release of information to the public health which includes information which the user had notified the coordinator is a trade secret pursuant to subsection A of this section, the coordinator shall notify the user in writing of such request by certified mail. The coordinator shall release the information thirty days after the day of mailing such notice unless, prior to the expiration of said thirty days, the user institutes an action in an appropriate court for a declaratory judgment that such information is subject to protection under subsection B of this section and/or an injunction prohibiting the disclosure of such information to the general public. Pursuant to this section, the user and the public requesting the information shall be considered the real parties of interest in any legal action, and the city, if named, will be a disinterested party.
H. The provisions of this section shall not permit a user to refuse to disclose the information required pursuant to this chapter to the coordinator. (Ord. 90-6 (part), 1990)