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HomeMy WebLinkAboutORD 1989-047 -Y R P .� THE CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 89-47 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES, CHAPTER 2, RELATING TO ADMINISTRATION, BY ADDING A NEW ARTICLE II ENTITLED "ACCESS TO PUBLIC RECORDS" AND RELATING TO INFORMATION IN THE CUSTODY OF THE CITY; PROVIDING DEFINITIONS; PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THE CUSTODIAN OF PUBLIC RECORDS; PROVIDING �_<:::,� PROCEDURES FOR AN APPLICATION FOR PUBLIC INFORMATION; PROVIDING FOR REQUESTING ATTORNEY GENERAL OPINIONS; PROVIDING FOR A WRIT OF MANDAMUS; 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 EMPLOYEE AND OFFICER ELECTION ON DISCLOSURE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500 .00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING FOR THE INTERPRETATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE 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; and WHEREAS, it is the policy of the City of Grapevine (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; and WHEREAS, it is the policy of the City of Grapevine to provide suitable copies of the public records within a reasonable period of time after the date copies were requested; and WHEREAS, due to the increased cost of labor and materials it is necessary for the City to charge a fee in accordance with Art. 6252-17a, Section 9, Vernon' s Ann. Civ. Stat. for access to public records maintained by the City; and 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; and 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 GRAPEVINE, TEXAS, THAT: 0202L Section 1. The Grapevine Code of Ordinances, Chapter 2, relating to Administration, is hereby amended as follows: (a) "Article I . General, " shall be inserted immediately preceding Sec . 2 . 1. Article I shall consist of existing Sec . 2 . 1 through Sec. 2 .4, inclusive. (b) A new Article II, relating to access to public information in the custody of the City of Grapevine, shall be added and shall read as follows: :�° "Article II . Access to Public Information. Sec . � . �.0 � �efin.i�tions. ��:.,� 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 Grapevine, Texas; B. "Custodian of public records" shall mean the City Secretary of the City of Grapevine for all records except those records collected, assembled, or maintained by the Municipal Court, in which case, the Municipal Court Clerk shall be the "custodian of public - records" ; �$:..� C. ( 1) "Nonpublic information" , for records other than records of the Municipal Court, 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: (a) information deemed confidential by law, either Constitutional, statutory, or by judicial decision; (b) 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 individual employee within the . � City is to be made available to that individual employee or his designated representative as is �, public information under this ordinance; (c) 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 0202L -2- the City, as a 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 �� =n expired or until the defendant has exhausted all appellate and post conviction remedies in state ��„� and federal court; (d} information which, if released, would give advantage to competitors or bidders; (e) 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; (f) drafts and working papers involved in the preparation of ....: proposed legislation; (g) 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; _ (h) records of law enforcement agencies and prosecutors that deal with the detection, investigation and prosecution of 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; (i) private correspondence and communications of an elected office holder relating to matters the disclosure of which would constitute an invasion of privacy; ,�, ( j ) trade secrets and commercial or financial information obtained from a person and privileged or confidential by statute or judicial decision; 0202L _3_ (k) 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; (1) 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 securitiesr as that term is defined in the Texas Securities Act; (m) 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; (n} the home addresses and home telephone numbers of each official and employee of a governmental body except as provided for in Sec . 2 . 18 of this Article II, and of peace officers of the City; and (o) photographs that depict a peace officer of the City or a security • officer commissioned under Section 51 .212, Education Code, the release of which would endanger the life or physical safety of the officer unless: (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. (p) information that identifies or � serves to identify a person who, based on information in the possession of the City, appears to have been the victim of an offense that is a felony. 0202L -4- C. (2) "Nonpublic information" , in connection with Municipal Court records, shall mean information prepared, collected, assembled, or maintained by the Municipal Court which by law, either Constitutional, statutory, or by judicial decision, is not available to the public . D. "Open Records Act" shall mean Art. 6252-17a of Vernon' s Rev. Civ. Stat. , as amended from time to time. - � E. ( 1) "Public information" , for records other than records of the Municipal .Court, 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: (a) upon completion, reports, audits, evaluations and investigations made of, for, or by, governmental bodies upon completion; (b) the names, sex, ethnicity, salaries, title and dates of employment of all employees and officers of the City; (c) 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; (d) the names of every official and the final record of voting on all proceedings in the City; -- �= , (e) all working papers, research material and information used to make estimates of the need for, or expenditure of, public funds or taxes by the City, upon completion of such estimates; (f) the name, place of business, and the name of the City to whiEh local sales and 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; (g) 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 decisions; (h) statements of the general course and method by which the City' s functions are channeled and determined, including the nature and reguirements of all formal and informal procedures available; ;,,�, (i) 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; 0202L -5- ( j ) substantive rules of general applicability adopted as authorized by law, and sta�ement� of general policy or interpre- tations of general applicability formulated and adopted by the City; (k} each amendment, revisians or repeal of g, h, i and j above; (1) final opinions including concurring and dissenting opinions, as well as orders, made in the adjudicatian of cases; (m} statements af policy and interpretatians which have been adopted by the City; (n) administrative staff manuals and instruction� ta staff that affect a member of �he pubiic; (o} infarmation currently regarded by City galicy as open ta the public; E, {2� "Public information" , in connection with Municipal Court records, shall mean information prepared, collected, assembled or maintained by the Municipal Cour� which by 1aw, either Constituta.onal, statutory, or by judicial decision, is deemed available to the public, F. "Public records" shall mean the portian of all documents, writings, letters, memoranda, or other written, printed, typed, copied, or developed materials which cantain public infarmatian. Sec. 2 . 11. Duties and Responsibilities of the Custodian of Public Records . A. The custodian of public records shall be responsible far the preservation and care of the public recards af the City. -� It shall be the duty af the custadian af public records to see that public recards are made available for public inspection and copying. B. The custodian of public recards shall be responsible far protecting and preserving the public records from deteriaration, alteratian, mutilatian, loss, removal or destruction and insure that the public recards are repaired, renovated or rebound when necessary to preserve them. When public records are no longer in use, i-t shall be within the discretian of the City to determine a period of time for which said records wi11 be preserved. The custodian of public records � shall give, grant and extend to all persons requestinq public recards all reasanable comfort and facility far the full exercise af r,,,,,,,,,, the rights granted under the Open Recards Act and other applicable laws . Q202L -6- Sec. 2 . 12 . Application for Access to Public Information. A. All requests for access to public informatian shall be filed wi�h the custodian of public records. All persons requesting information fram the custodian of public records shall supply proper iden�ification and describe with specificity those documents being requested. ,��A::.� B. The custodian of public records mag make inquiry of any person who requests or �.���.�-�G ��r �_nspection or copying of public records to establish whether the custodian is authorized under this ordinance �o refuse to hanor the request for recards . The custodian of public recards shall deny a request for accsss to nonpublic informatian as defined in Sec. 2 . lOC of this Article II. C. On application for public infarmatian to the custada.an of public records by any person, the custodian shall gromptly produce such infarmation for inspection or duplication, ar both, in the offices of the custadian af public records. If the information is not in active use or is in storage, and therefore, nat available at the �.ime a person asks to examine it, the custodian of public records shall certify this fact in writing to �he applicant and set a da�e and hour within a reasonable time when the record will be available far inspection ar duplication ar bath. �,.,.� D. Na person shall remove original copies of public records from the affice of the custodian of public records . � E. A person requesting public information mus� complete the examination af the information within 1Q days after the date the custodian of public records of the information makes it available to the person. F. The custodian of public records shall extend the initial examination period by an additianal 10 days if, within the initial period, the persan requesting the informatian files with the cus�.odian of public records a written request for additional time. The custodian of public records shall extend an additional examination periad by another 10 days if, within the additional period the person requesting t�he information files with the custodian af public records a written request for mare additianal time. G. The time during which a. _ person may examine information may be interrupted by the custodian of public records if the information is needed for use by �he governmental body, ar in the case of Municipal Court records, is `'�""" needed for use by the Municipal Caurt. The period of interruption shall not be considered �o be a part of the time during whiCh the person may examine the information, oza2L -�r- Sec. 2 . 13 Request for Attorney General Opinions . If the custodian of public records receives a written request for information which the custodian considers to be within one of the exceptions stated in Sec . 2 . lOC of this Art. II, but there has been no previous determina- tion that it falls within one of the excep- tions, the custodian of public records, within a reasonable time, and in no event later than ten ( 10) calendar days after receiving a �`° written request for the records, shall request a decision from the Attorney General for a determination as to 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 by the Attorney General. Sec . 2 . 14 . Writ of Mandamus . If the custodian of public records refuses to comply with Sec. 2 . 12 of this Article II or to supply public information or information which the Attorney General has determined to be a public �ecord, the person requesting the information or the Attorney General may seek a writ of mandamus compelling the custodian of public records to make the information available for public inspection. Sec . 2 . 15 . Cost of Copies and Charges for Access to Public Records . A. Al1 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 and 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 . The costs of providing the record shall be in an amount that reasonably includes all costs related to providing the record, including costs of materials, labor, and overhead. B. Fees shall be charged according to the schedules contained in Sec . 2 . 15C hereof for services rendered in responding to requests for the City' s records. Ordinarily, fees shall not be charged if the records requested are not ""�' found, or if all of the records located are • withheld pursuant to Sec. 2 . 12 (B) hereof. 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. C. For the services listed below expended in locating or making available records or copies thereof, the following charges shall be assessed: 0202L -8- ( 1) Copies . Except as otherwise provided by this Section 2 . 15, the charge for office machine copies of pages up to and including legal size (8 1/2" x 14" ) shall be as follows: (a) for 50 pages or less of readily available information, the charge shall be $ . 10 per page; �rtµr� (b) for more than 50 pages of readily available information, the charge shall be $ . 85 for the first page anc� $. 15 for each additional page; � _ (c) for any quantity of information deemed not to be readily available, the actual charge shall be the combined components of $.70 for the first page and $ . 15 for each page thereafter, plus actual labor costs incurred by the City in providing the requested information. The City Manager may determine an average salary rate composed of the salary rates of all individuals within the City who are normally responsible for performing such tasks . Such average salary rate may be used as a standard rate and applied to all such requests . _ _ . _ _ (2) Municipal Caurt Records . The charge for Municipal Court records shall be as follows: (a) Any certification with $1 .00 seal (b) Copies for General $0.50/ Public (uncertified) page :G (c) Copies for all Attorneys (i) first three (3) pages (uncertified) free (ii) for each addi- tional page $1.00/ (uncertified) page (d) Copies for Law Enforcement Personal .._ _. _. _ . (i} copies free _ (ii) certifications free � (e) Copies for Defendants - _ - Complaint and_ Disposi- tion of Citation � (i) copies free (uncertified) 0202L -9- (3) No charge shall be made for personnel time spent in providing access to records pursuant to the request. (4) Charges for copies of nonstandard sized pages of records in computer banks, on microfilm or in other similar record keeping systems shall be determined by the custodian of public records in consultation with the Material Management Section of � the Centralized Services Division of State Purchasing and General Services Commission. The custodian of publi.r,. records shall furnish such information to the Commission as it may require to assist in the determination of costs . The person requesting the information shall be notified of the approximate amount of the cost of providing such information prior to incurring the charge. (5) Postal related expenses which may be necessary to transmit the reproduced documents to the requesting party may be added to the other charges established in this Section. (6) Examination and Related Tasks in Screening 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 �,:,� they are exempt from disclosure. Sec. 2 . 16 . Bond for Payment 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 the custodian of public records may require either: ( 1) a bond for payment of costs for the preparation of such public records, or (2) a prepayment in cash of the anticipated costs for the preparation of such records. Sec . 2 . 17 . Requests ReQuiring More than Ten � 10� Hours to Produce. If the custodian of public records � determines that an initial request will require more than ten ( 10) employee hours to produce, the custodian of public records 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. 0202L -10- Sec . 2 . 18 . Election on disclosure. A. Each 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 respective official ' s or employee ' s home address and home telephone number. Each official and employee shall state that his or her respective choice to the City Manager in a signed writing not later than the 14th day after the date on which � x (i) the employee begins the employment with the City, or (ii) the official is elected or appo�_n�P� ,: 7f_ tre 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 the course of the employment or the term of the office the employee or official wishes to close or open public access to the information, such individual may request in writing that the City Manager close or open access, as the case may be, to the information. Sec . 2 . 19 Penaltv. 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 Five _ � Hundred Dollars ($500. 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. _ Sec . 2 .20 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 or other applicable law. 0202L -11- Section 3 . This ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 4 . 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. Section 5 . The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED on the llth day of July ,_, J.989 . � � Mayor, City of Grapevine ATTEST: _ _ �„�,,� ' y Secreta y, ty of Grapevine [SEAL] APPROVED AS TO FORM: _ r � City Attorney, City of Grapevine � � 0202L -12-