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0360THE CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, RELATING TO THE ACCESS BY THE PUBLIC TO INFORMATION IN THE CUSTODY OF THE CITY OF SOUTHLAKE; PROVIDING DEFINITIONS; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE CUSTODIAN OF PUBLIC RECORDS; PROVIDING PROCEDURES FOR THE APPLICATION FOR PUBLIC INFORF~kT I ON; PROVIDING FOR REQUESTING ATTORNEY GENERAL OPINIONS; PROVIDING FOR A WqtIT OF F0kNDAMUS; PROVIDING FOR THE COST OF COPIES AND CHARGES FOR ACCESS TO PUBLIC RECORDS; PROVIDING FOR A BOND FOR PAYMENT OF COSTS FOR PREPARATION OF PUBLIC RECORDS OR CASH pREPAYMENT; PROVIDING THAT REQUESTS REQUIRING MORE THAN TEN ( 10 ) HOURS TO PRODUCE SHALL BE FORWARDED TO THE CITY COUNCIL; PROVIDING FOR ELECTION ON DISCLOSURE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COM~ITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROV I D I NG FOR THE I NTERPRETAT I ON OF TH I S ORDINANCE; PROVIDING A SEVERABILITY CLAUSE. WHEREAS, the people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know, rather, the people insist on remaining informed so that they may retain control over the instruments they have created. WHEREAS, it is the policy of the City that all persons are, unless otherwise expressly provided by law, at all times entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. WHEREAS, it is the policy of the City of Southlake to provide suitable copies ~f the public records within a reasonable period of time after the date copies were requested. WHEREAS, due to the increased cost of labor and materials it is necessary for the City to charge a fee for access to public records maintained by the City. WHEREAS, the fee charged to a person requesting public records shall be reasonable and not excessive and the City shall make every effort to charge a fee that matches the actual cost of providing the records. WHEREAS, the City, pursuant to Art. 6252-17a, Section 13, Vernon's Ann. Civ. Stat. is hereby promulgating reasonable rules and regulations by which public records may be inspected efficiently, safely, and without delay. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS. Section 1. Definitions. For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. a) "City" shall mean the City of Southlake, Texas; b) "Custodian of public records" shall mean the City Secretary of the City of Southlake; c) "Nonpublic information" shall mean information collected, assembled, or maintained by the City pursuant to law or ordinance or in connection with the transaction of official business which is not available to the public, including the following categories: 1) information deemed confidential by law, either Constitutional, statutory, or by judicial decision; 2) information in personnel files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; provided, however, that all information in personnel files of an 2 indi~gidual employee within the City is to be made available to that individual employee or his designated representative as is public information under this ordinance; 3) information relating to litigation of a criminal or civil nature and settlement negotiations, to which the City is or may be, a party, or to which an officer or employee of the City, as consequence of his office or employment, is or may be a party, that the Attorney General or the City Attorney has determined should be withheld from public inspection. For purposes of this subsection, the City is considered to be a party to litigation of a criminal nature until the applicable statute of limitations has expired o£ until the defendant has exhausted all appellate and post conviction remedies in state and federal court. 4) information which, if released, would give advantage to competitors or bidders; 5) information pertaining to the location of real or personal property for public purposes prior to public announcement of the project, and information pertaining to appraisals or purchase price of real or personal property for public purposes prior to the formal award of contracts therefor; 6) drafts and working papers involved in the preparation of proposed legislation; 7) matters in which the duty of the Attorney General of Texas or the City Attorney, to his client, pursuant to the Rules and Canons of Ethics of the State Bar of Texas are prohibited from disclosure, or which by order of a Court are prohibited from disclosure; 8) records of law 9nforcement agencies and prosecutors that deal with the detection, investigation and prosecution of 3 crime and the internal records and notations of such law enforcement agencies and prosecutors which are maintained for internal use in matters relating to law enforcement and prosecution; 9) private correspondence and communications of an elected office holder relating to matters the disclosure of which would constitute an invasion of privacy; 10) trade secrets and commercial or financial information obtained from a person and privileged or confidential by statute or judicial decision; 11) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than one in litigation with the City; 12) information contained in or related to examination, operating or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions, and/or securities, as that term is defined in the Texas Securities Act; 13) geological and geophysical information and data including maps concerning wells, except information filed in connection with an application or proceeding before any agency or an electric log confidential under Subchapter M, Natural Resources Code; 14) the home addresses and home telephone numbers of each official and employee of a governmental body except as provided for in Section I of this ordinance, and of peace officers of the City; 15) photographs that depict a officer ~f the City or a security commissioned under section Education Code, the endanger the life or officer unless: peace officer 51.212, release of wh%ch would physical safety of the i) the officer is under indictment or charged with an offense by information; or ii) the officer is a party in a fire or police civil service hearing or a case in arbitration; or iii) the photograph is introduced as evidence in a judicial proceeding. The custodian of public records may make a photograph exempt under this subsection public, provided the officer gives written consent to the disclosure. d) "Open Records Act" shall mean Art. 6252-17a of Vernon's Rev. Civ. Stat. e) "Public information" shall mean all information collected, assembled or maintained by the City pursuant to law or ordinance or in connection with the transaction of official business, including the following: 1) Reports, audits, evaluations and investigations made of, for, or by, governmental bodies upon completion; 2) the names, sex, ethnicity, salaries, title and dates of employment of all employees and officers of the City; 3) information in any account, voucher or contract dealing with the receipt or expenditure of public or other funds by the City not otherwise made confidential by law; 4) the names of every official and the final record of voting on all proceedings in the City; 5) all working papers, research material and information used to make estimates of the need for, or expenditure of, public funds of taxes by the City, upon complet{on of such estimates; 6) the name, place of business, and the name of the City to which local sa]es and 5 use taxes are credited, if any, for the named person, of persons reporting or paying sales and use taxes under the Limited Sales, Excise and Use Tax Act; 7) descriptions of the City's central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain de- cisions; 8) statements of the general course and method by which the City's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; 9) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports or examinations; 10) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the City; 11) each amendment, revisions or repeal of 7, 8, 9 and 10 above; 12) final opinions including concurring and dissenting opinions, as well as orders, made in the adjudication of cases; 13) statements of policy and interpretations which have been adopted by the City; 14) administrative staff manuals and instructions to staff that affect a member of the p~blic; 15) information currently regarded by City policy as open to the public. 6 Duties f) "Public records" shall mean the portion of all documents, writings, letters, memoranda, or other written, printed, typed, copied, or developed materials which contain public information. and Responsibilities of the Custodian of Public Records. The City Secretary or her designee shall be the custodian of public records and shall be responsible for the preservation and care of the public records of the City. It shall be her duty to see that public records are made available for public inspection and copying. She shall be responsible for protecting and preserving the public records from deterioration, alteration, mutilation, loss, removal or destruction and see to it that the public records are repaired, renovated or rebound when necessary to preserve them. When public records are no longer currently in use, it shall be within the discretion of the City to determine a period of time for which said records shall give, grant and extend to all persons requesting public records all reasonable comfort and facility for the full exercise of the right granted by the Open Records Act. Application for Public Information. 1) All persons requesting information from the custodian of public records shall supply proper identification and describe with specificity those documents being requested. 2) The custodian of public records may make inquiry of any person who requests or applies for inspection or copying of public records to establish whether the custodian is authorized under Section 1 E 5, 6 and 7 of this ordinance to refuse to honor the request for records. 3) On application for public information to the custodian of public records by any person, the custodian shall promptly produce such information for inspection or duplication, or both, in the offices of the custodian of public records. If the information is not in active use or in storage, and therefore, not available at the time a person asks to examine it, the custodian shall certify this fact in writing ~o the applicant and set a date and hour within a reasonable time when the record will be available for the exercise of the right given by the Open Records Act. 7 4) No person shall remove original copies of public records from the office of the custodian of public records. 5) A person requesting public information must complete the examination of the information within 10 days after the date the custodian of the information makes it available to the person. 6) The custodian of public records shall extend the initial examination period by an additional 10 days if, within the initial period, the person requesting the information files with the custodian of public records a written request for additional time. The custodian of public records shall extend an additional examination period by another 10 days if, within the additional period the person requesting the information files with th~ custodian a written request for more additional time. The time during which a person may examine information may be interrupted by the custodian if the information is needed for use by the governmental body. The period of interruption shall not be considered to be a part of the time during which the person may examine the information. Request for Attorney General Opinions. If the custodian of public records receives a written request for information which he considers to be within one of the exceptions stated in Section A(c) of this ordinance, but there has been no previous determination that it falls within one of the exceptions, the custodian of public records within a reasonable time, no later than ten (10) days, after receiving a written request for the records shall request a decision from the Attorney General to determine whether the information is within the exception. The specific information requested shall be supplied to the Attorney General but shall not be disclosed until a final determination has been made. Writ of Mandamus. If the custodian of public records refuses to comply with Section C(2) of this ordinance, or to supply public information or information which the Attorney General has determined to be a public record, the person requesting the information or the Attorney General may seek a mandamus compelling the custodian of public records to mike the information available for public inspection. 0128c Cost of Copies and Charqes for Access to Public Records. !) All charges made for access to public records comprised in any form other than up to standard sized pages or in computer record banks, microfilm records, or other similar record keeping systems, shall be set after consultation between the custodian of public records and the State Board of Control, giving due consideration to the expenses involved in providing the public records making every effort to match the charges with the actual cost of providing the records. The custodian of the records shall make reasonably efficient use of each page of public records so as not to cause excessive costs for the reproduction of public records. 2) The cost of obtaining a standard or legal size photographic reproduction shall be in an amount that reasonably includes all costs related to reproducing the record, including costs of materials, labor and overhead unless the request is for fifty (50) pages or less of readily available information. 3) Fees pursuant to this ordinance shall be charged according to the schedules contained in Section F(3) for services rendered in responding to requests for the City's records. Fees shall not be charged where they would amount, in the aggregate, for a request or series of related requests, to less than $3.00. Ordinarily, fees shall not be charged if the records requested are not found, or if all of the records located are withheld pursuant to Section A(c) of this ordinance. However, if the time expended in processing the request is substantial, and if the requestor has been notified of the estimated cost and has been specifically advised that it cannot be determined in advance whether any records will be made available, fees may be charged. 4) For the services listed below expended in locating or making available records or copies thereof, the following charges shall be assessed: a) Copies. The cost for copies of noncertified photographic reproductions of pages up to legal size shall be (maximum of ten (10) copies will be supplied) $0.55 for the first page and $0.15 for each additional page. b) Clerical searches. The charge for access to public records in a form other 9 than up to standard sized pages, such as computer record banks, microfilm or microfiche records, or other similar record keeping systems shall be, for each one quarter hour spent by clerical personnel in excess of the first quarter hour in searching for and producing requested records, c) Certification. true copies, $1.00. For certification of d) Attestation. For attestation under the seal of the City of Southlake, $3.00. e) Nonroutine, nonclerical searches. Where a search cannot be performed by clerical Fersonnel, for example, where the task of ~etermining which records fall within a request and collecting them requires the time of professional or managerial personnel, and where the amount of time that must be expended in the search and collection of the requested records by such higher level personnel is substantial, the search may be made at a rate in excess of the clerical rate, namely for each one quarter hour spent in excess of the first quarter hour by such higher level personnel in searching for a requested record, $ ~_~,oo This subsection shall apply to charges made for access to public records comprised in any form other than up to standard sized papers, such as, in computer record banks, microfilm or microfiche records, or other similar record keeping systems. f) Examination and related tasks in screeninq records. No charge shall be made for time spent in resolving legal or policy issues affecting access to records of known contents. In addition, no charge shall be made for the time involved in examining records in connection with determining whether ~hey are exempt from disclosure. g) Other charqes. When a response to a request requires services or materials other than the common ones described in 10 Bond Section F(3) (a) through F(3) (f) of this ordinance the direct cost of such services or materials to the government may be charged, but only if the request has been notified of such cost before it is incurred; and only after consultation with the State Board of Control. for Pa~;ment of Costs for Preparation of Public Records or Cash Prepayment. If the custodian of public records determines that a request is unduly costly and its production would cause undue hardship to the City if the costs are not paid, as a condition precedent to the preparation of such record he may require either: a) a bond for payment of costs for the preparation of such public records, or b) a prepayment in cash of the anticipated costs for the preparation of such records. Requests Requiring More than Ten (10) Hours to Produce. If the custodian of public records determines that a request will require more than ten (10) employee hours to produce, she shall forward said request to the City Council which shall determine the best method said records may be inspected and/or reproduced giving due regard to ensuring that the public records are produced efficiently, safely and without undue delay. Election on Disclosure. a) An employee and each official of the City shall choose whether or not to allow public access to the information in the custody of the City relating to the official's or employee's home address and home telephone number. Each official and employee shall state that person's choice to the City Secretary in a signed writing not later than the 14th day after the date on which the employee begins the employment with the City, or the official is elected or appointed. If the official's or the employee's choice is to not allow public access to the information, the information shall not be disclosed. If an employee or official fails to report within the period established by this section, the information is subject to public access. b) If, during th~ course of the employment or the term of the office the employee or official wishes to close or open public access to the information, that individual may request in writing that the City Secretary of the City close or open access, as the case may be, to the information. 11 Penalty. Any person who wilfully destroys, mutilates, removes without permission as provided herein, or alters public records shall be guilty of a misdemeanor and upon conviction shall be fined in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. This penalty provision shall not preclude the City from its other remedies available at law or in equity. Interpretation of this Ordinance. a) This ordinance does not prohibit the City from voluntary making part or all of its records available to the public, unless expressly prohibited by law; provided that such records shall then be available to any person. b) This ordinance does not authorize the withholding of information or limit the availability of public records to the public, except as expressly so provided. c) This ordinance does not give authority to withhold information from individual members or committees of the Legislature of the State of Texas to use for legislative purposes. d) Nothing in this ordinance shall be construed to entitle any person, as of right, to any services, materials or the disclosure of any record to which such person is not entitled under the Open Records Act. Section 2. Severability. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. PASSED AND APPROVED 198L· ATTEST: ~ty Secretary, City of Southlake, Texas [SEAL] APPROVED AS TO FORM: City Attorney, w ~. City of Southlake, Texas First Reading: Second Reading: 13