HomeMy WebLinkAboutOrdinance No. 2018-26 (Title:An ordinance providing for a reasonable limit on the amount of time to be spent without
charge for repeat public information requestors.)
ORDINANCE NO. 2018-26
AN ORDINANCE PROVIDING FOR A REASONABLE LIMIT
ON THE AMOUNT OF TIME TO BE SPENT WITHOUT
CHARGE FOR REPEAT PUBLIC INFORMATION
REQUESTORS; REQUIRING PAYMENT FOR TIME AND
EXPENDITURES INCURRED BEYOND THIS LIMIT;
PROVIDING FOR EXCEPTIONS; PROVIDING FOR AN
OPEN MEETINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 2017, the Texas Legislature, in recognition of the fact that a municipality
may expend significant resources in responding to requests for public information without
recovering its costs,amended Section 552.275 of the Texas Government Code,which authorizes the
governmental body of a municipality to establish reasonable monthly and yearly limits on the amount
of time that personnel of the governmental body are required to spend producing public information
for inspection or duplication by a requestor,or providing copies of public information to a requestor,
without recovering its costs attributable to that personnel time; and
WHEREAS, Section 552.275 of the Government Code provides that a yearly time limit
established may not be less than 36 hours for a requestor during the 12-month period that corresponds
to the fiscal year of the governmental body,and a monthly time period may not be less than 15 hours
for a requestor for a one-month period;and authorizes a municipality to require requestors exceeding
those time limits to pay for the municipality's costs before the city will process the request if the city
has sent a written cost estimate; and
WHEREAS,the City Council desires to adopt a policy in this regard to provide a method of
maximizing its human and financial resources while striking a reasonable balance with the obligation
of the City to make available public information, and has determined that 36 hours is a reasonable
yearly time limit and 15 hours is a reasonable monthly limit to be imposed under Section 552.275.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS:
Section 1. That in accordance with Section 552.275, the City Council establishes an
annual time limit of 36 hours and a monthly time limit of 15 hours as the amount of time that
employees are required to devote without charge to produce public information for inspection or
duplication, or providing copies of public information to any one requestor. This annual time limit
shall apply to each twelve (12) month period commencing each fiscal year beginning on October
1, 2018, effective with the date of adoption of this ordinance.
Section 2.
A. That the City Secretary or the City Secretary's designee shall provide the requestor
with a written statement of the amount of personnel time spent complying with each request and the
cumulative amount of time spent complying with requests from that requestor during the applicable
twelve month period. The time spent preparing the written statement of total time spent may not be
included.
B. When the time spent on responding to a particular requestor's requests equals or
exceeds the time limit imposed by Section 1,the City Secretary or the City Secretary's designee shall
provide the requestor with a written estimate of the total cost, including materials, personnel time,
and overhead expenses necessary to comply with the request. The estimate must be provided on or
before the tenth(10th)day after the date on which the public information was requested. The amount
of the cost shall be established by rules prescribed by the attorney general.
C. If the City Secretary or the City Secretary's designee determines that additional time
is required to prepare the written estimate of costs required by Section 2(B) and provides the
requestor with a written statement of that determination, the City Secretary or the City Secretary's
designee must provide the written estimate of costs required by Section 2(B) as soon as practicable,
but on or before the 10th day after the date the City provides the written statement that additional
time is required.
Section 3.
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A. After the City Secretary or the City Secretary's designee has provided the requestor
with the written estimate of costs under Section 2, the requestor may respond within ten (10) days
of receiving the estimate by submitting a written statement in which the requestor commits to pay
the lesser of:
1. the actual costs incurred in complying with the requestor's request, including
the cost of materials and personnel time and overhead; or
2. the amount stated in the written statement provided.
B. If the requestor fails or refuses to submit the written statement of commitment
to pay,the requestor shall be considered to have withdrawn the requestor's pending request for public
information.
Section 4. That any time spent complying with a request in the name of a minor is to be
included in the calculation of the cumulative amount of time spent complying with a request for
public information by a parent, guardian, or other person who has control of the minor under a court
order and with whom the minor resides, unless that parent, guardian or other person establishes that
another person submitted that request in the name of the minor.
Section 5.
A. This Ordinance does not apply if the requestor is an individual who, for a substantial
portion of the individual's livelihood or for substantial financial gain, gathers, compiles, prepares,
collects, photographs, records, writes, edits, reports, investigates, processes, or publishes news or
information for and is seeking the information for:
1. a radio or television broadcast station that holds a license issued by the
Federal Communications Commission; or
2. a newspaper that is qualified under Section 2051.044 of the Texas
Government Code to publish legal notices or is a free newspaper of general circulation and
that is published at least once a week and available and of interest to the general public in
connection with the dissemination of news; or
3. a newspaper of general circulation that is published on the Internet by a
news medium engaged in the business of disseminating news or general information to the
general public; or
Ord No.2018-26 3
4. a magazine that is published at least once a week or on the Internet
by a news medium engaged in the business of disseminating news or information to the
general public.
B. That this Ordinance does not apply if the requestor is a representative of a publicly
funded legal services organization that is exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt entity under
Section 501(c)(3) of that code.
C. That this Ordinance does not apply if the requestor is an elected official of the
United States, this state, or a political subdivision of this state.
D. The policy does not replace or supersede other sections of the Public Information
Act and does not preclude the City from charging for cost of labor in response to a request for
copies or a request for inspection for which a charge is authorized under another section of the
Public Information Act. The limit established in this policy applies to all requestors equally except
as exempted by the Public Information Act.
E. This policy does not apply to requests exempted by Section 552.275 of the Texas
Government Code.
Section 6. That this Ordinance shall become effective upon its adoption.
PASSED AND APPROVED on first reading this 10th day of September,2018.
PASSED, APPROVED, AND ADOPTED on second and final reading this 1st day of
October,2018.
,
Mike For=
Mayor
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Melinda Welsh, TRMC '
City Secretary .N *.`
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Ord No.2018-26