(a)
This section shall constitute the policy of the city in compliance with the Texas Open Records Act and FOIA.
(b)
There shall exist within the city an employee who shall be designated freedom of information officer and who shall be responsible for complying with the directives of this section.
(c)
The city secretary or any other employee appointed by the city commission shall act as freedom of information officer and serve at the pleasure of the city commission until replaced as freedom of information officer by the city commission.
(d)
All requests for public information shall be in writing and signed by the requestor as required by law and oral requests shall not constitute a proper request under the law. Requests may be by hand delivery, facsimile, e-mail or mail.
(e)
All requests for on-site inspection of records shall follow the same procedure as set forth in subsection (d) above and shall be subject to the same procedure and response time as other requests for public information.
(f)
Any and all requests received by the city to whomever addressed or by whomever received shall be immediately forwarded to the freedom of information officer.
(g)
The freedom of information officer shall within eight (8) hours of receipt of the written request forward the request via personal delivery, e-mail or facsimile to legal counsel for the city except as noted on exhibit “A” exceptions to Ordinance 2450. Requests shall be provided by the freedom of information officer within 10 days of request.
(h)
Legal counsel for the city shall determine whether the information so requested is subject to disclosure and shall notify the freedom of information officer via personal delivery, e-mail or facsimile whether or not the information is subject to public disclosure.
(i)
In the event that the information is by law subject to public disclosure in the opinion of legal counsel, the freedom of information officer shall provide the information to the requestor within ten (10) business days of the date of receipt of the request.
(j)
In the event that the information is by law subject to public disclosure in the opinion of legal counsel, the freedom of information officer shall comply with the Texas Open Records Act and FOIA in levying copying costs and ensuring that the requestor is provided the requisite response.
(k)
In the event that the information is by law not subject to public disclosure in the opinion of legal counsel, legal counsel shall notify the requestor in writing as to the basis for making such a determination by citing the statute, attorney general’s opinion or case law in support of the determination that such requested information is not subject to public disclosure to the extent that such legal information is already in existence.
(l)
Where legal counsel believes that requested information is not subject to public disclosure but cannot cite any existing legal precedent, legal counsel shall request an opinion from the office of the state attorney general within ten (10) business days as required by law.
(m)
The city acting through its freedom of information officer and legal counsel shall ensure that the city abides by any determination of the state attorney general.
(Ordinance 2450 adopted 6/1/10)