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A. The following records are private or otherwise protected and shall not be considered public for purposes of required disclosure:

1. Records concerning an individual’s eligibility for social services, welfare benefits, or the determination of benefit levels;

2. Records containing data on individuals describing medical history, diagnosis, condition, treatment, evaluation, or similar medical data, including psychiatric or psychological data;

3. Records concerning a current or former employee of, or applicant for employment with, a government entity that would disclose that individual’s home address, home telephone number, social security number, insurance coverage, marital status, or payroll deductions, performance evaluations or personal status information such as race, religion or disabilities;

4. Records describing an individual’s finances, except that the following are public:

a. Employment position salaries;

b. Ethics or finance statement filings by public officials required by law;

5. Records which contain the negotiating position of the Osage Nation, including all boards, committees, commissions, departments, agencies or other Osage government entity, before a contract, lease or other agreement is entered into;

6. Records prepared by or on behalf of a government entity solely in anticipation of litigation that are not available under the rules of discovery;

7. Records that may otherwise be considered public if they are protected by the attorney-client privilege. This privilege may be waived by the client who created the attorney-client relationship, and if a waiver of the privilege is made the records shall be considered public;

8. Information and research presented, and discussions conducted by the public bodies of the Osage Nation during executive sessions that are conducted in accordance with the Open Meetings Act;

9. Confidential and proprietary information collected by a government entity or agency in the performance of its investigative or regulatory functions;

10. Memoranda prepared by staff and used in the decision-making process by a judge or a member of any other body charged by law with performing judicial or quasi-judicial functions;

11. Information contained within or related to a contract, lease or other agreement which is confidential and/or proprietary in nature;

12. Records of a government audit agency relating to an ongoing or planned audit until the final audit is released;

13. Records to which access is restricted pursuant to court rule or as a condition of participation in a state or federal program or for receiving state or federal funds;

14. Drafts, unless otherwise classified as public;

15. Information otherwise protected by applicable laws;

16. Information which cannot be released without interfering with an individual’s right to exercise or practice a chosen religion;

17. Records containing data on individuals, which if disclosed, would constitute a clearly unwarranted invasion of privacy; and

18. Records containing information identifying an individual’s interest or ownership of restricted or trust property. ONCA 10-05, eff. Dec. 26, 2009; ONCA 14-62, eff. Apr. 30, 2015; ONCA 17-34, eff. Apr. 12, 2017.