HomeMy WebLinkAboutORD 1989-047 -Y
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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
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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:
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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" ;
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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
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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
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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;
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(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.
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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;
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( 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 .
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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.
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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,
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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:
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( 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)
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(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.
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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.
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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
�
�
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