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CONFIDENTIALITY
AGREEMENT
EFFECTIVE: MARCH 7, 2024
PURPOSE/OVERVIEW:
This policy provides for the protection of privileged and confidential information obtained
through the course of the city’s work with residents, workers, property owners, business
owners, and developers. Information obtained by employees through work activities cannot be
readily or freely shared with others uninvolved with the work.
The City of Muskegon maintains this policy with the objectives of:
• Protecting privileged and confidential information;
• Building trust with all who do business with the city; and
• Insuring proper adherence to the Freedom of Information Act
FREEDOM OF INFORMATION ACT:
Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request
access to records from governmental agencies. It is often described as the law that keeps
citizens informed about their government. Governmental agencies are required to disclose any
information requested through the FOIA coordinator unless it falls under certain exemptions
which protect interests such as personal privacy, security, and law enforcement. This policy
works with FOIA to ensure that all information is managed equally and no one party is
burdened with extra steps to obtain information from the City.
OPERATIONAL GUIDELINES:
This policy applies to all city employees including, but not limited to, full time, part time, and
temporary/special employees.
This is an Agreement between [NAME OF EMPLOYEE] (“You”) and the City of Muskegon (“City”).
The Agreement is effective on your first day of employment with the City (“Effective Date”) or
the date signed for current employees.
During your employment with the City of Muskegon, You will have access to and gain knowledge
of privileged, confidential, and proprietary information belonging to the residents, coworkers,
companies, and developers of the City. The terms “Privileged Information and Confidential
Information” are defined below, but in general, it refers to any information related to the City,
its residents, workers, companies, and developers which is not available at the time to the
general public.
As an express condition precedent to your employment, You are required to agree to comply
with the terms of this Agreement.
Therefore, intending to be legally bound, You agree to the following:
1. Term of Agreement. This Agreement is effective on the Effective Date, and shall remain
in effect throughout the term of your employment with the City. Certain provisions of this
Agreement will continue beyond your term of employment.
2. Limitations of this Agreement. Nothing in this Agreement should be interpreted or
construed to constitute a contract of employment or to obligate either You or the City to
any specific term of employment. This Agreement is limited to the subject matter of
confidentiality as expressly described in this Agreement.
3. Representation and Warranties. You represent and warrant that your relationship with
the City will not cause or require You to breach any contract or other obligation to any
former employer or any other person or organization, including, without limitation,
obligations of confidentiality and restrictions on competition or solicitation. You
expressly agree that You will not knowingly use or disclose any privileged, confidential, or
proprietary information belonging to another person or enterprise, without the express
written consent of such person or enterprise. You agree that if at any time during the
term of your employment with the City, You have questions about whether information
or knowledge is privileged, proprietary, or confidential to a third party or to the City, You
will promptly advise the City of your question.
4. Privileged Information Defined. As used in this Agreement, “Privileged Information”
means information that is not available at the time to the public.
5. Confidential Information Defined. As used in this Agreement, “Confidential Information”
means information which is disclosed to You or which You otherwise learn of during the
course of or as the direct or indirect result of your employment with the City and is not
available at the time to the public or to others who could obtain economic value from
their disclosure or use of the information. All information related to the City which You
gain during the time of your employment should be deemed confidential, unless clearly
identified to be non-confidential.
A. Confidential Information includes all proprietary technical, financial, customer,
business, personal, financial, or other information owned by or licensed to the City
or any of its residents, customers, workers, property owners, developers, or
vendors.
B. Confidential Information includes all information that should reasonably be
understood by You because of the circumstances of disclosure, or the nature of
the information itself, to be Confidential Information, regardless of whether such
information is marked “Confidential.” All information gained during the course of
your employment should be presumed confidential unless the information is
clearly identified otherwise or the circumstances of disclosure demonstrate it not
to be confidential.
C. Confidential Information includes, without limitation, information which is made,
written, discussed, developed, secured, obtained or learned (a) solely or jointly
with others, (b) during the usual hours of work or otherwise, (c) at the request and
upon the suggestion of the City or otherwise, (d) with the City’s materials, tools,
instruments, or (e) on the City’s premises or otherwise.
6. Obligations. You shall hold and maintain the Privileged and Confidential Information in
strictest confidence for the sole and exclusive benefit of the City. You shall carefully
restrict access of Privileged and Confidential Information to employees, contractors, and
third parties as is reasonably required. You shall not use to further your own private
economic interest, publish, copy, or otherwise disclose to others, or permit the use by
others to further their private economic interests or to the detriment of the City, any
Privileged or Confidential Information.
7. Return of Privileged and Confidential Information. You agree to promptly return all
Privileged and Confidential Information to the City upon the earlier of the City’s request
or the termination of your employment.
8. Compliance with Rules. You agree to comply with all reasonable rules established from
time to time by the City for the protection of Privileged and Confidential Information.
9. Disclosure to the Government. You are permitted by federal law to disclose Privileged
and Confidential Information if You do so in complete confidence, either directly or
indirectly, to a federal, state, or local government official or to an attorney. Such
disclosure is permitted, however, solely (i) for the purpose of reporting or investigating a
suspected violation of applicable law; or (ii) in the context of a complaint or other
document filed under seal in a lawsuit or other proceeding.
Every attempt should be made, unless prohibited by law, regulation or court or regulatory
order to promptly notify the City of any demands of disclosure of Privileged and
Confidential Information and provide the City a reasonable opportunity to contest and
assist in opposing any requirement of disclosure of such Privileged and Confidential
Information, seek judicial protection against such disclosure and have such required
disclosure be made under a protective order.
Employers are prohibited by law from retaliating against an employee who reports in
good faith Privileged and/or Confidential Information to any governmental entity as
provided in this Paragraph 7. Federal law allows You to disclose Privileged and/or
Confidential Information to your attorney and to use the Privileged and/or Confidential
Information in a lawsuit against an employer based upon retaliation by the employer
following your report of a suspected violation of the law. However, You must first file
with the court under seal any documents You have containing Privileged and/or
Confidential Information, and You are strictly prohibited from disclosing such Privileged
and/or Confidential Information without an express order from the court allowing You to
do so.
PROCEDURES:
1. All new employees will be given this policy at the time of hire and must sign that they agree
to follow the policy.
2. All active employees at the time this policy is adopted will be given this policy and must sign
that they agree to follow the policy.
3. All supervisors will review the policy with their staff on an annual basis.
AUTHORITY:
The city’s Code of Ethics, adopted January 9, 2024, sets guidelines for all officials and employees
of the city. The City Manager has authority to set work rules and require all employees to agree
to and follow this policy per Chapter III, Sections 6 and 7 of the City Charter.
VIOLATIONS:
Any employee of the City of Muskegon who violates the provisions of this policy may be subject
to disciplinary action up to and including dismissal.
AMENDMENTS:
The City reserves the right to amend this policy with such amendments being submitted to the
City Manager.
Document edit notes
Action Person Date Change
New L. Mikesell 3-7-24 New policy
CONFIDENTIALITY AGREEMENT
Date_______________ City of Muskegon
_________________________________
Supervisor
_________________________________
Printed Name
By your signature below You acknowledge that You have read and understand the foregoing
Confidentiality Agreement, that You agree to comply with all of the terms of the Agreement, and
that You have received a copy of the Agreement.
Date_______________ ___________________________________
Employee
_________________________________
Printed Name
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