[1]
Editor’s note(s)–Ordinance O-13-003, secs. 1, 2, adopted March 7, 2013, repealed the former art. V, secs. 2-40 and 2-41, and enacted a new art. V as set out herein. The former art. V pertained to similar subject matter and derived from an ordinance adopted Feb. 21, 1991, sec. 1; an ordinance adopted May 22, 1997, sec. 1; and Ordinance O-12-011, sec. 1, adopted June 7, 2012.
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Active records.
Those records in current use which must be retained because frequent reference is necessary in the conduct of day-to-day operations.
Criminal justice records.
All records generated, maintained and/or accessed by the police department relating to the report or commission of a criminal offense or other violation law, statute or ordinance, or the arrest of an individual, including but not limited to: offense/incident/accident reports, supporting documents for said reports, criminal history information, criminal intelligence information, fingerprints, “mug” shots and data entered into the computer-aided dispatch system relating to law enforcement activity.
Inactive records.
Those records which are seldom referred to but must be retained, temporarily or permanently, because of legal, fiscal, administrative or archival value.
Non-records.
All material not usually included within the definition of records, such as unofficial or additional copies of documents that are kept only for convenience or reference, stocks of publications and processed documents, library or museum material intended solely for reference or exhibition and material with short-term value.
Public information.
Information that is collected, assembled or maintained under a law or ordinance or in connection with the transaction of official business by a governmental body or for a governmental body and the governmental body owns the information or has a right of access to it. Public information includes information that is maintained in paper, tape, microfilm, video, electronic data held in computer memory as well as other mediums specified under applicable law.
Records custodian.
Director of a city department, or his/her designee who is responsible for ensuring the integrity and safety of the records of the department.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the State of Texas, created or received by local city government offices or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business are hereby declared to be records of the City of Brenham, and shall be created, maintained, and disposed of in accordance with the provisions of this article and the provisions of applicable state law.
The term does not include:
(1) 
Extra identical copies of documents created only for convenience of reference or research by officers or employees of the City of Brenham;
(2) 
Notes, journals, calendars, diaries, and similar documents created by an officer or employee of Brenham, for the employee’s personal convenience;
(3) 
Blank forms;
(4) 
Stocks of publications;
(5) 
Library and museum materials acquired solely for the purposes of reference or display; or
(6) 
Copies of documents in any media furnished to members of the public to which they are entitled under Chapter 552 of the Texas Government Code or other state law.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
All city records as defined herein are hereby declared to be property of the City of Brenham, Texas. No city official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
It is hereby declared to be the policy of the City of Brenham to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records from their creation to their ultimate disposition.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
The office of the city secretary is authorized to establish and administer the records management program for the City of Brenham, Texas, pursuant to legal, fiscal, administrative, and archival requirements. The city secretary or his/her designee is hereby named the records management officer.
As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the state library within thirty (30) days of the initial designation or of taking up the office, as applicable.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
The records management officer shall develop a records management plan for the city for submission and approval by the city council. The plan will contain policies and procedures designed to reduce costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the city and to properly preserve those records of the city that are of historical value. The plan must be designed to enable the records management officer to carry out the duties prescribed by state law and this article effectively.
Once approved by city council, the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees or similar entities of the city; and the records shall be created, maintained, stored, microfilmed or disposed of in accordance with the plan.
The records management officer will implement, but not be limited to, a program to encompass such areas of records management as are required to preserve and keep in order all books, papers, documents, records and files of the city council and of the executive departments to achieve the following results:
(1) 
Release space and reduce the need for storage and filing equipment;
(2) 
Establish an efficient retrieval operation for both active and inactive municipal records;
(3) 
Provide for routine disposition of paperwork;
(4) 
Maintain total security over municipal records;
(5) 
Communicate the need of an effective records management program; and
(6) 
Secure a central records storage facility which can be operated and maintained by records management staff.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
The records management officer shall have the following duties and others as assigned by the city council and as provided by state law:
(1) 
Prepare and file, as required, with the Texas State Library and Archives Commission the records control schedules being followed by the city;
(2) 
Assist in establishing and developing policies and procedures for a records management program for the city, said program shall include basic file management, records disposition policies and procedures;
(3) 
Administer the records management program and provide assistance to records custodians for the purposes of reducing the costs and improving the efficiency of recordkeeping;
(4) 
In cooperation with records custodians, identify and take adequate steps to preserve city records that are of permanent value;
(5) 
In cooperation with records custodians, identify and take adequate steps to protect essential city records;
(6) 
In cooperation with records custodians, ensure the maintenance, preservation, and destruction of records is carried out in accordance with the policies outlined in the city’s records management program and state law;
(7) 
Provide records management advice and assistance to all city offices and departments, by preparation of manuals of procedure and policies and/or by on-site consultation;
(8) 
Establish a disaster plan in cooperation with other city officials to insure maximum availability of records;
(9) 
Bring to the attention of the city manager any office not in compliance with state laws, administrative rules, and local ordinances regarding public access to information or protection of privacy;
(10) 
Disseminate information concerning state laws, administrative rules, and the policies of the city relating to local government records; and
(11) 
In cooperation with records custodians, establish procedures to ensure that the handling of records in any context of the program by the records management officer, or those under the officer’s authority, is carried out with due regard for the duties and responsibilities of records custodians that may be imposed by law and the confidentiality of the information in records to which access is restricted by law.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
Each department head shall designate a member of his or her staff to serve as the records custodian for the implementation of the records management program in the department. If the records management officer determines that in the best interest of the records management program more than one (1) records custodian should be designated for a department, the department head shall designate the number of records custodians as specified by the records management officer.
Persons designated as the records custodian shall be thoroughly familiar with all records created and maintained by the department and shall have full access to all records of the city maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a records custodian, the department head shall promptly designate another person to fill the vacancy. A department head may serve as the records custodian for his or her department.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
In addition to other duties assigned in this article, the records custodian shall:
(1) 
Conduct or supervise the conduct of inventories of records in preparation for the development of records control schedules;
(2) 
In cooperation with the records management officer coordinate and implement the policies and procedures of the records management program; and
(3) 
Disseminate information to staff concerning the records management program.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
The records management officer, in conjunction with the Texas State Library and Archives Commission, shall prepare records control schedules listing all records created and/or received by a department and the retention period for each record. Records control schedules shall also contain such other information regarding to the disposition of local government records as the records management plan may require.
Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the city.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
A records control schedule that has been approved and adopted shall be implemented by department heads and records custodians according to the policies and procedures outlined in the records management plan.
A record whose retention period has expired on a records control schedule shall be destroyed unless: (1) there is an open records request is pending for that particular record; (2) the subject matter of the record is related to a pending law suit; or (3) the department head requests in writing to the records management officer that the record be retained for an additional period of time.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained from the records management officer.
A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received back from the Texas State Library and Archives Commission an approved destruction authorization request.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
All public records are generally open to citizen inspection and may fall under the Texas Public Information Act. To obtain access to or a copy of a public document, a written request must be made to the office of the city secretary. It can be made via letter, fax or email. The requestor must provide sufficient information identifying what record(s) the requestor seeking, and as much information as is needed to locate the record(s). The city may not ask the requestor for what purpose the requestor is seeking the record.
The officer for public information shall promptly produce public information for inspection, duplication, or both on application by any person to the officer. An officer for public information complies with this requirement by: (1) providing the public information for inspection or duplication in the offices of the governmental body; or (2) sending copies of the public information by first class United States mail if the person requesting the information requests that copies be provided and pays the postage and any other applicable charges that the requestor has accrued under state law. If the requested information is unavailable at the time of the request to examine because it is in active use or in storage, the officer for public information shall certify this fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication. If an officer for public information cannot produce public information for inspection or duplication within ten (10) business days after the date the information is requested, the officer shall certify that fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available for inspection or duplication.
Costs and charges for copies of records, including a requirement for a deposit/bond for payment of costs or a requirement for prepayment of costs, shall be made in accordance with state law. The city may provide a copy of public information without charge or at a reduced charge if the city determines that waiver or reduction of the charge is in the public interest because providing the copy of the information primarily benefits the general public. Also, if the cost to a governmental body of processing the collection of a charge for providing a copy of public information will exceed the amount of the charge, the governmental body may waive the charge. In the event the city receives a written request for information that it wishes to withhold from public disclosure and that it considers to be within one (1) of the exceptions under state law, the city must ask for a decision from the Texas Attorney General about whether the information is within an exception provided by law if there has not been a previous determination about whether the information falls within one (1) of the exceptions.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
The city may establish a reasonable limit on the amount of time spent producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering personnel costs attributable to such requests.
Accordingly, for each twelve-month period corresponding with the city’s fiscal year (October 1 through September 30, the city will spend a maximum of thirty-six (36) hours on any one (1) individual requestor. The city may recover personnel time spent, beyond thirty-six (36) hours, on any particular requestor.
In determining whether a time limit applies, any time spent complying with a request for public information submitted in the name of a minor, as defined by Texas Family Code Section 101.003(a), 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.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
Each time the city complies with a request for public information from a duplicate requestor, it shall provide the requestor with a written statement of the amount of personnel time spent complying with that request and the cumulative amount of time spent complying with requests for public information from that requestor during the applicable twelve-month period.
The amount of time spent preparing the written statement cannot be included in the amount of time included in the statement provided to the requestor pursuant to this section.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
When calculating the amount of time spent complying with a duplicate requestor’s public information request, the city may include time spent on locating, compiling and producing the public information, but in accordance with the Texas Administrative Code, Chapter 70, the city may not include time spent on:
(1) 
Determining the meaning and/or scope of the request(s);
(2) 
Requesting a clarification from the requestor;
(3) 
Comparing records gathered from different sources;
(4) 
Determining which exceptions to disclosure under Chapter 552 of the Texas Government Code, if any, may apply to information that is responsive to the request(s);
(5) 
Preparing the information and/or correspondence required under Section 552.301, 552.303, and 552.305 of the Texas Government Code;
(6) 
Reordering, reorganizing, or in any other way bringing information into compliance with well-established and generally accepted information management practices; or
(7) 
Providing instruction to, or learning by, employees or agents of the governmental body of new practices, rules, and/or procedures, including the management of electronic records.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
When the cumulative amount of personnel time spent complying with requests for public information from the same requestor equals or exceeds the established time limit, the city 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 written estimate will be provided to the requestor on or before the tenth day after the date on which the public information was requested.
If the city determines that additional time is required to prepare the written estimate of charges, the city will provide the written estimate of charges as soon as practicable, but on or before the tenth day after the date the city provided the notice to requestor.
If the city provides a requestor with the written estimate of charges, the city is not required to produce public information for inspection or duplication or to provide copies of public information in response to the requestor’s request unless on or before the tenth day after the date the city provided the written estimate of charges, the requestor submits a statement in writing to the city 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, personnel time and overhead; or
(2) 
The amount stated in the written estimate of charges.
If the requestor fails or refuses to submit a written commitment of payment, the requestor is considered to have withdrawn the requestor’s pending request for public information.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
The amount of charges relating to the costs of locating, compiling, and producing the public information shall be calculated and established in accordance with the rules prescribed by the Texas Attorney General under Texas Government Code, Sections 552.262(a) and (b), as may be amended. The city shall charge costs and fees as established in the Texas Public Information Act, Texas Administrative Code and other applicable state law. The costs and fees may include all costs related to reproducing the information, including costs of materials, labor and overhead as authorized by law. The city may also waive costs and fees if the request for records involves the production of ten (10) or fewer standard size copies of information.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)
In accordance with Texas Government Code, Section 552.275(j), the time limit established herein on the amount of time spent producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering personnel costs attributable to such requests 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 broadcast license for an assigned frequency issued by the Federal Communications Commission;
(2) 
A newspaper that is qualified under Section 2051.044 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;
(3) 
A newspaper of general circulation that is published on the internet by a news medium engaged in the business of disseminating news or information to the general public; or
(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.
In accordance with Texas Government Code, Section 552.275(k), the time limit established herein on the amount of time spent producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering personnel costs attributable to such requests does not apply if the requestor is an elected official of the United States, this state, or a political subdivision of this state.
In accordance with Texas Government Code, Section 552.275(l), the time limit established herein on the amount of time spent producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering personnel costs attributable to such requests 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.
(Ordinance O-13-003, sec. 2, adopted 3/7/13)