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HomeMy WebLinkAboutResolution No. 98-40 RESOLUTION NO. R98-40 A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, ADOPTING A PUBLIC INFORMATION (OPEN RECORDS) DISCLOSURE POLICY WHICH AUTHORIZES AbTD DIRECTS THE OFFICER FOR PUBLIC RECORDS TO ESTABLISH CHARGES FOR THE COPYING OF PUBLIC RECORDS OF THE CITY; AND PROVIDING THAT SUCH CHARGES SHALL BE IN ACCORDANCE WITH THE MOST RECENT GUIDELINES ESTABLISHED BY THE PURCHASING AND GENERAL SERVICES COMMISSION OF THE STATE OF TEXAS. * * * * * * * * * * * BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS: Section l. The Office for Public Records of the City is hereby authorized and directed to establish charges for the reproduction of the public records of the City. Such charges shall be in accordance with the most recent guidelines established by the Purchasing and General Services Administration of the State of Texas, in accordance with public information (Open Records) Disclosure Policy attached as Exhibit "A" . PASSED, APPROVED AND RESOLVED THIS 7TH DAY OF DECEMBER, 1998. Mayor Harold L. Whitak r City of Friendswood ATTEST: C ,i Deloris McKenzie, TRM • City Secretary R98.40/LST03 � F�iIBIT " A " CITY OF FRIENDSWOOD PUBLIC INFORMATION (OPEN RECORDS) DISCLOSURE POLICY PURPOSE The purpose of this policy is to establish guidelines in accordance with the Public Information Act (formerly Open Records Act) to ensure that all records in the possession of and pertaining to the operation of the governmental body is available to the public through a systematic and centralized process. AUTHORITY The City Secretary/Records Management Office shall be the city's authority for releasing records in accordance with the Public Information Act with the exception of Municipal Court and Police Records. The Municipal Court Clerk shall be authorized to release court records in accordance with judiciary procedures. The Chief of Police shall be authorized to release police records in accordance with judiciary procedures, but shall all so notify the City Secretary of all requests. No inquiries may be made of the requestor as to the reasons for wanting the record. The City may only ask for proper identification and for clarification as to what records are sought. The request must sufficiently identify the records desired. The City, however, must make a good faith effort to advise the requestor of the kinds of records available to assist him/her in clarifying his request. DUTY - RECORDS OFFICER/AUTHORITY It is the duty of the records officer or authority to "promptly" produce requested records for inspection or duplication, or both. The officer is allowed, under the Public Information Act, to take a reasonable amount of time to comply with an open records request, however the record must be provided, a time given for when the record will be available, or that the request requires an opinion from the Attorney General within ten business days. The amount of records requested and the difficulty of their compilation will be considered in determining what is reasonable and prompt. If the City believes the record is excepted under the Public Information Act or by a prior Attorney General's ruling, the city has fifteen business days from the date of the request to ask for an Attorney General's public information ruling on the release of the document. ATTORNEY GENERAL'S OPINION Subchapter G of the Public Information Act generally requires a city to seek an Attorney General's opinion if it withholds requested documents under the Public Information Act and states: '�If a governmental body receives a written request for information which it considers within one of the exceptions, the governmental body. . .no later than fifteen business days, 1 must request a decision from the Attorney General to determine whether the information is within that exception. If a decision is not so requested, the information shall be presumed to be public information. " If the City believes the requested record is excepted from public disclosure, a request for a public information or open records ruling will be submitted to the Office of the Attorney General by the City Attorney. A copy of the applicant's written request for the document, a copy of the requested document (or a sample if the records are repetitive or voluminous) , and a letter from the City will be provided to the City Attorney for determination explaining why the City believes the record should be excepted from public disclosure. Confidential information shall not be included in the letter to the Attorney General regarding the City's position but shall be included as a separate sealed document. The City will bear the burden of indicating which sections of the Public Information Act allows the Record to be withheld, and the City will also indicate in the copies of the requested confidential documents exactly which parts are considered to confidential. REQUEST PROCEDURE All requests for records, other than those routinely published for informational purposes, shall be submitted in writing regardless of the source, and shall be submitted to the authority responsible for releasing the requested record (City Secretary, Municipal Court Clerk, and Chief of Police) . The requestor may submit his request in letter form, by electronic mail, by facsimile, or by completing the "Request for Disclosure of Public Records" form provided by the City. Electronic mail requests are not to be completed by the recipient of the request. The recipient of the E-mail recruest is to direct the reauestor to E-mail the Citv Secretary. Facsimile requests are not to be completed by the recipient of the recTUest. The recipient is to forward the facsimile reauest to the Citv Secretarv. The City Secretary will determine and notify the appropriate record holder, and coordinate the dissemination of the record as requested. Once a request is received by the authority responsible for releasing the record, the authority shall make the following determinations: l. If the record requested is deemed open/public under the Public Information Act the authority shall within ten business days: a. advise the requestor of the availability, time period for compliance with the request b. advise requestor of fees associated with the request c. release information 2 . If the record requested is believed excepted from public disclosure under the Public Information Act and not specifically addressed by 2 a prior ruling, the authority shall within ten business days a. advise requestor the request requires a ruling by the Attorney General and within fifteen business days: a. submit a request for ruling to the Attorney General 3 . Once the Attorney General has made a ruling: a. notify the requestor the record will be released/withheld in accordance with the Attorney General ruling All ��Requests for Disclosure of Public Records: , along with any documentation/rulings shall be maintained by the City Secretary for file and reference purposes. Therefore, the Municipal Court Clerk, and Chief of Police shall submit all reauests, exclusive of documentation, to the City Secretarv upon completion. CC: DEPARTMENT HEADS RECORD COORDINATORS 3