8.12.080 Trade secrets.
A. If a person believes that a request for information made by the disclosure form involves the release of a trade secret or proprietary information, the person shall submit to the health officer, adequate information and substantiation of the claim of trade secrecy.
B. The health officer and the proper public agencies shall protect from disclosure any and all trade secrets and proprietary information coming into his or her possession, as defined in subsection (d) of Section 6245.7 of the California Government Code and Section 1060 of the California Evidence Code, when requested in writing by the user.
C. Any trade secret or proprietary information reported to or otherwise obtained by the health officer shall not be disclosed to anyone except an officer or employee of the city, the county, the state or the Federal Government who demonstrate a need to know the information in connection with their official duties.
D. For the purposes of this section, fire and emergency response personnel and health personnel operating within the jurisdiction of the city shall be considered employees of the city.
E. The health officer, with the city attorney, upon receipt of a request for his designation of information submitted as a trade secret by a user, shall determine whether any or all of the information so submitted is properly designated as a trade secret or proprietary information. No information will be disclosed until a final determination of trade secret is made.
F. If the health officer and city attorney determine that the submitted information should be designated as trade secret or proprietary information, then the materials involved will be identified only by the properties and returned to the appropriate agencies.
G. If the health officer and city attorney determine that the information is not a trade secret:
1. The city attorney shall notify the person by certified mail;
2. The person shall have thirty days after receipt of notification to request reconsideration of the city attorney’s determination and to provide the city attorney with any further data supporting the claim of trade secrecy privilege;
3. The city attorney shall determine whether such information is protected as a trade secret or proprietary information within fifteen days after receipt of the additional data supporting the claim of trade secrecy or, if no additional data is submitted, within thirty days of the original notice. The city attorney shall notify the person and any party who has requested the information that it is not protected as a trade secret. The final notice shall also specify a date, not sooner than fifteen days after the date of mailing of the final notice, when the information may be made available to the appropriate public agencies;
4. Prior to the date specified in the final notice, the person may institute an action in the Superior Court for a declaratory judgment as to whether such information is subject to protection under subsection A of this section.
H. The provisions of this section shall not permit a person to refuse to file a disclosure information form with the city attorney except under the conditions set forth in subsection E of this section. (Ord. 83-18 § 1, 1983)