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.
means 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, created or received
by the city or any of its officers or employees pursuant to law, including
an ordinance, or in the transaction of public business. The term "city
record" does not include:
Extra identical copies of documents created only for convenience
of reference or research by officers or employees of the city.
Notes, journals, diaries, and similar documents created by an
officer or employee of the city for the officer's or employee's personal
convenience.
Blank forms.
Stocks of publications.
Library and museum materials acquired solely for the purposes
of reference or display.
Copies of documents in any media furnished to members of the
public to which they are entitled under V.T.C.A., Government Code
§ 552.021 or other state law.
means the Texas State Library and Archives Commission.
means the city secretary.
means the executive and administrative officer of the Texas
State Library and Archives Commission.
means any city record necessary to the resumption or continuation
of city operations in an emergency or disaster, to the re-creation
of the legal and financial status of the city, or to the protection
and fulfillment of obligations to the city.
means the city council.
means any office, department, division, program, commission,
bureau, board, committee, or similar entity of the city.
means any city record for which the retention period on a
records retention schedule issued by the Texas State Library and Archives
Commission is given as permanent.
means a document prepared by or under the authority of the
records management officer listing the records maintained by the city,
their retention periods, and other records disposition information
that the records management program of the city may require.
means the application of management techniques to the creation,
use, maintenance, retention, preservation, and disposal of records
for the purpose of reducing the costs and improving the efficiency
of recordkeeping. The term "records management" includes the development
of records control schedules, the management of filing and information
retrieval systems, the protection of essential and permanent records,
the economical and space-effective storage of inactive records, control
over the creation and distribution of forms, reports, and correspondence,
and the management of micrographics and electronic and other records
storage systems.
means a document issued by the Texas State Library and Archives
Commission under authority of V.T.C.A., Government Code § 441.001
et seq., establishing mandatory retention periods for local government
(city) records.
means the minimum time that must pass after the creation,
recording, or receipt of a record, or the fulfillment of certain actions
associated with a record before it is eligible for destruction.
(Ordinance 90-256-6, § 1,
adopted 12/18/1990)
If a state law relating to the keeping of records by an officer
or employee of the city requires the record to be kept in a "book,"
"record book," or "well-bound book," or contains similar requirements
that a record be maintained in bound paper form, the record whose
creation is called for in the provision may be maintained on microfilm
or stored electronically in accordance with the requirements of V.T.C.A.,
Local Government Code §§ 204.001 et seq. and 205.001
et seq., and rules adopted under those chapters unless the law specifically
prohibits those methods.
(Ordinance 90-256-6, § 2,
adopted 12/18/1990)
(a)
City
records created or received in the transaction of official business
or the creation or maintenance of which were paid for by public funds
are declared to be public property and are subject to V.T.C.A., Local
Government Code § 201.001 et seq., and V.T.C.A., Government
Code § 441.151 et seq.
(b)
A city
officer or employee does not have, by virtue of the officer's or employee's
position, any personal or property right to a city record even though
the officer or employee developed or compiled it.
(Ordinance 90-256-6, § 3,
adopted 12/18/1990)
The custodian of city records, at the expiration of the custodian's
appointment, shall deliver to the custodian's successor, if there
is one, all city records in custody. If there is no successor, the
city council shall determine which officer of the city shall have
custody.
(Ordinance 90-256-6, § 4,
adopted 12/18/1990)
(a)
City
records may be destroyed if:
(1)
The
record is listed on a records control schedule accepted for filing
by the director and librarian as provided by V.T.C.A., Local Government
Code § 203.041 and either its retention period has expired
or it has been microfilmed or stored electronically in accordance
with the requirements of V.T.C.A., Local Government Code §§ 204.001
et seq., and 205.001 et seq.;
(2)
The
record appears on a list of obsolete records approved by the director
and librarian as provided by V.T.C.A., Local Government Code § 203.044;
or
(3)
A
destruction request is filed with and approved by the director and
librarian as provided by V.T.C.A., Local Government Code § 203.045
for a record not listed on an approved control schedule.
(Ordinance 90-256-6, § 5,
adopted 12/18/1990)
(a)
Regardless
of any other provision of this article or rules adopted under it,
a city record, the subject matter of which is known by the custodian
to be in litigation, may not be destroyed until the litigation is
settled.
(b)
Regardless
of any other provisions of this article or rules adopted under it,
a city record subject to a request under V.T.C.A., Government Code
§ 552.221 and other state laws may not be destroyed until
the request is resolved.
(Ordinance 90-256-6, § 6,
adopted 12/18/1990)
A city record may be destroyed by burning, shredding, pulping,
or burial in a landfill or by sale or donation for recycling purposes
except as follows:
(1)
Records
to which public access is restricted under state law may be destroyed
only by burning, pulping, or shredding.
(2)
Should
the city sell or donate records for recycling purposes, a procedure
shall be established ensuring that the records are rendered unrecognizable
as city records by the recycler.
(3)
The director
and librarian may approve other methods of destruction that render
the records unrecognizable as city records.
(Ordinance 90-256-6, § 7,
adopted 12/18/1990)
(a)
A city
record may not be sold or donated (except for the purposes of recycling),
loaned, transferred, or otherwise passed out of the custody of the
city to any private college or university, private museum or library,
private organization of any type, or an individual except with the
consent of the director and librarian and at the expiration of its
retention period under the city records control schedule.
(b)
Subsection (a) of this section does not apply to the city temporarily transferring to a person for the purposes of microfilming, duplicating, and converting to electronic media, restoring or similar records management and preservation procedures if the transfer is authorized by the records management officer.
(Ordinance 90-256-6, § 8,
adopted 12/18/1990)
The city may demand and receive from any person any city record
in private possession created or received by the city, the removal
of which was not authorized by law. Recovery under this section shall
be pursuant to V.T.C.A., Local Government Code § 202.005.
(Ordinance 90-256-6, § 9,
adopted 12/18/1990)
(a)
Material
that is not included in the definition of a city record and is described
by V.T.C.A., Local Government Code § 201.003(8) may be disposed
of at the discretion of the custodian or the creator of the document,
as applicable, subject to any policies developed by the city regarding
destruction.
(b)
Extra
identical copies of a city record to which public access is restricted
under V.T.C.A., Government Code § 552.001 et seq., or other
state law may be destroyed only by burning, pulping or shredding.
(Ordinance 90-256-6, § 10,
adopted 12/18/1990)
The custodian of city records, records management officer, or
other officer or employee of the city may not be held personally liable
for the destruction of a city record if the destruction is in compliance
with this Code and state law.
(Ordinance 90-256-6, § 11,
adopted 12/18/1990)
(a)
An officer or employee of the city commits an offense if the officer or employee knowingly or intentionally violates this article or state law or rules adopted under it by destroying or alienating a city record in contravention of this article, or by intentionally failing to deliver records to a successor in office as provided by section 2-71.
(Ordinance 90-256-6, § 12,
adopted 12/18/1990)
(a)
A private
college or university, a private museum or library, a private organization
of any other type, or an individual commits an offense if the entity
knowingly or intentionally acquires or possesses a city record.
(b)
Any person violating any of the provisions of this section, upon conviction, shall be punished as provided in section 1-13.
(c)
It is
a defense to prosecution under this section that a private college,
university, museum or library, by agreement with the commission under
V.T.C.A., Government Code § 441.001 et seq., provides physical
housing for a local government record, the title to which has been
vested in the commission.
(Ordinance 90-256-6, § 3,
adopted 12/18/1990)
The city council shall:
(1)
Establish,
promote and support an active and continuing program for efficient
and economical management of all city records.
(2)
Cause
policies and procedures to be developed for the administration of
the program under the direction of the records management officer.
(3)
Facilitate
the creation and maintenance of city records containing adequate and
proper documentation of the organization, functions, policies, decisions,
procedures, and essential transactions of the city and designed to
furnish the information necessary to protect the legal and financial
rights of the city, the state and persons affected by the activities
of the city
(4)
Facilitate
the identification and preservation of city records of permanent value.
(5)
Facilitate
the identification and protection of essential city records.
(6)
Cooperate
with the commission in its conduct of statewide records management
surveys.
(Ordinance 90-256-6, § 14,
adopted 12/18/1990)
The records management officer of record shall:
(1)
Carry
out the policies and procedures established by the city for the efficient
and economical management of records and in carrying out the requirements
of V.T.C.A., Local Government Code § 203.001 et seq.
(2)
Adequately
document the transaction of city business and the services, programs
and duties for which the custodian and the custodian's staff are responsible.
(3)
Maintain
the records in the record management officer's care and carry out
their preservation, microfilming, destruction or other disposition
only in accordance with the policies and procedures of the city records
management program and the requirements of V.T.C.A., Local Government
Code § 203.001 et seq., and rules adopted under it.
(4)
Plan,
formulate and prescribe basic files management and records disposition
policies, systems, standards and procedures.
(5)
Prepare
records retention and disposition schedules in cooperation with department
heads for all city offices and departments, define and identify vital
and permanent records, and establish retention schedules for all records.
Retention shall be no shorter than desired by the originating office,
but shall be as long as deemed necessary by either the records management
officer, the city attorney or the city finance officer.
(6)
Review
schedules annually and update or amend as needed.
(7)
Coordinate
the citywide files management and records disposition programs and
report annually to the city council on program effectiveness in each
city department.
(8)
Provide
records management advice and assistance to all city offices and departments,
by preparation of manuals of procedure and policies and by on-site
consultation.
(9)
Develop,
disseminate and coordinate files maintenance and records disposition
procedures, including, but not limited to, those prescribed by this
article, to meet the current and long-term information needs of the
city.
(10)
Train
departmental records assistants and other personnel in the fundamentals
of records management and their duties in the records management program.
(11)
Ensure
that the maintenance, preservation, microphotography, destruction
or other disposition of records is carried out in accordance with
the policies and procedures of the city records management program
and the requirements of V.T.C.A., Local Government Code § 203.001
et seq.
(12)
Design
and manage the operations of a records center for the low cost storage
of inactive records and as a facility for a centralized micrographics
program.
(13)
Establish
and monitor compliance with standards for filing and storage equipment
and supplies in all city offices and departments and report to the
city council failure of any officer or department to comply with standards.
Keep careful records of savings in equipment, supplies and staff costs
realized by each department of the city through implementation of
the records management program.
(14)
Develop
a citywide forms design and control system.
(15)
Establish
in cooperation with other responsible city officials a disaster plan
for each city office and department to ensure maximum availability
of records for re-establishing operations quickly and with minimum
disruption and expense.
(16)
Develop
procedures to ensure the permanent preservation of the historically
valuable records of the city.
(17)
Protect
privacy and ensure availability of public information from records
stored in records center; and bring to the attention of the city council
any office not in compliance with laws or ordinances regarding public
access to information or protection of privacy.
(18)
Prepare
and file with the director and librarian the records control schedules
and amended schedules required by V.T.C.A., Local Government Code
§ 203.041 and the list of obsolete records as provided by
of V.T.C.A., Local Government Code § 203.044.
(19)
Prepare
authorization to destroy records not on an approved control schedule,
requests to destroy the originals of permanent records that have been
microfilmed and electronic storage authorization requests.
(20)
Disseminate
to the city council information concerning state laws, administrative
rules and policies of the government relating to city records.
(Ordinance 90-256-6, § 5,
adopted 12/18/1990)
All city office and department heads are responsible for the
implementation and operation of effective files operations, record
transfers and dispositions, and other activities in accordance with
the provisions of this article within their areas of responsibility.
They shall designate a records assistant within their offices and
provide the records management officer the names of such designees
and of all file stations and file clerks under their supervision.
Persons designated as records assistants shall report directly to
the head of their department on matters relating to the records management
program and should have full access to all files in their departments.
(Ordinance 90-256-6, § 16,
adopted 12/18/1990)
The records assistant in each office and department is responsible
for providing coordination between the records management officer
and personnel in his office to ensure compliance with the provisions
of this article. This responsibility shall include overseeing the
application of records schedules within the office or department.
(Ordinance 90-256-6, § 17,
adopted 12/18/1990)
All city offices and departments shall adopt records control
schedules and destroy, transfer, or otherwise dispose of records only
according to such schedules.
(Ordinance 90-256-6, § 18,
adopted 12/18/1990)
The city secretary shall serve as the records management officer.
The name of the records management officer shall be entered upon the
minutes of the city council meeting at which the ordinance from which
this article is derived was passed and approved. The name and office
of the records management officer shall be filed by the records management
officer with the director and librarian within 30 days after the date
of the designation.
(Ordinance 90-256-6, § 19,
adopted 12/18/1990)
(a)
A records
management program is hereby established in compliance V.T.C.A., Local
Government Code § 203.001 et seq., to be administered by
the records management officer. The current policies and procedures
of the city records program shall remain in full force and effect,
except where inconsistent with this article and the laws of the state
(b)
The records
management officer is hereby directed to file a certified copy of
the ordinance from which this article is derived with the director
and librarian within 30 days of its passage. Any amendments to the
ordinance or the records management program, following the adoption
and filing of the ordinance from which this article is derived, shall
be filed with the director and librarian within 30 days of such amendment.
(Ordinance 90-256-6, § 20,
adopted 12/18/1990)
(a)
The records
management officer shall prepare and file with the director and librarian
a records control schedule listing the following records and establishing
a retention period for each as provided by state law:
(b)
At the discretion of the records management officer, the records control schedule may also list and provide retention periods for material that is excluded from the definition of city records and exempted records described in destruction of records (see section 2-78).
(c)
The records
management officer shall review the records control schedules of the
city and prepare amendments to have the schedules as needed to reflect
new records created or received by the city or revisions to retention
periods established in a records retention schedule issued by the
commission. Amendments to records control schedules shall be filed
with the director and librarian in the same manner as the original
schedules.
(d)
The records,
schedules or amendments shall be submitted by the records management
officer, the city finance officer and city attorney, who shall notify
the records management officer within ten working days of their approval
or of any objection to a retention period. At the expiration of the
ten-day period, if no objection has been submitted, the records control
schedule shall be adopted and shall have full force as sufficient
authorization for filing of such retention control schedule with the
director and librarian. If objection is made, the records management
officer shall determine a retention period satisfactory to the office
or department concerned and resubmit to the finance officer and to
the city attorney.
(e)
When
a record retention and disposition schedule is adopted and accepted
by the director and librarian, it shall thenceforth constitute full
authority to destroy, transfer, microphotograph, or take other actions,
and the city council hereby directs that such action be taken by the
records management officer or under his supervision. The records manager
shall comply with state law. No further notice to the city council
or other city offices shall be required.
(Ordinance 90-256-6, § 21,
adopted 12/18/1990)
(a)
In preparing a records control schedule as required by section 2-84, the records management officer may list separately those obsolete records no longer created or received by the city whose retention periods on the records retention schedule issued by the commission have expired and that the city wishes to destroy. Prior to submission of the list to the director and librarian the list shall be presented to the city finance officer and city attorney who shall give notice within ten working days of any records they believe should not be destroyed, and such records shall be retained for a period suggested by either.
(b)
The lists
of obsolete records to be destroyed must be reviewed or approved in
the same manner as records control schedules must be reviewed or approved.
(c)
The lists
shall be submitted to the director and librarian for approval. If
the director and librarian approve the list, the records may be destroyed.
If the director and librarian or the designee of the director and
librarian disapproves the list, the reasons shall be stated in writing
and the records must be retained by the city or transferred to the
custody of the commission.
(Ordinance 90-256-6, § 22,
adopted 12/18/1990)
(a)
Before
the filing of a records control schedule with the commission, the
city shall destroy records only with the prior approval of the director
and librarian.
(c)
Requests
for authorization to destroy unscheduled records shall be submitted
by the records management officer or under the officer's direction.
If the director and librarian approved the request, the records listed
on it may be destroyed. Should the request not be approved, the direction
of the director and librarian on further retention shall be followed.
(Ordinance 90-256-6, § 23,
adopted 12/18/1990)
The records management officer shall keep accurate lists of
records destroyed, their volume and other information of records management
activities.
(Ordinance 90-256-6, § 24,
adopted 12/18/1990)
The city shall follow the rules as provided by the commission
upon their adoption or amendment.
(Ordinance 90-256-6, § 25,
adopted 12/18/1990)
(a)
Authorization,
as provided by state law, allows that any city record may be maintained
on microfilm in addition to or instead or paper or other media. The
city shall microfilm records pursuant to the laws of the state and
the rules of the commission as adopted and amended. The records to
be microfilmed shall be determined by the records management officer
in cooperation with city offices and department heads.
(b)
The term
"microfilm" means roll microfilm, microfiche and all other forms produced
by any method of microphotography or other means of miniaturization
on film. Microfilming means the method, procedures and processes used
to produce roll microfilm, microfiche or other microphotographic formats.
(Ordinance 90-256-6, § 26,
adopted 12/18/1990)
Destruction of original records, that have been microfilmed,
shall be in compliance with state laws. A list of originals of microfilmed
records destroyed shall be filed with the records management officer
and the microfilmed record shall be retained until the expiration
of the retention period for the original record.
(Ordinance 90-256-6, § 27,
adopted 12/18/1990)
An original of a permanent record shall not be destroyed until
a destruction authorization request has been submitted to and approved
by the director and librarian. Such request shall certify that the
microfilm of the record meets the standards and rules as adopted by
the commission. All other requirements for requesting the destruction
of permanent records shall be in accordance with state law.
(Ordinance 90-256-6, § 28,
adopted 12/18/1990)
(a)
Pursuant
to state law, the city is authorized to store data electronically
in addition to or instead of source documents in paper or other media.
The city may utilize electronic storage in compliance with state laws.
Such utilization of electronic storage shall meet the standards and
rules as adopted by the commission. No data shall be stored electronically
if it has a retention period of more than ten years, unless the commission
shall adopt rules and standards for such storage.
(b)
Electronic
storage means the maintenance of city record data in the form of digital
electronic signals on a computer hard disk, magnetic tape, optical
disk or similar machine-readable medium. City record data means the
information that by law, regulation, rule of court, ordinance or administrative
procedure in the city comprises a city record as defined by section
2-21. Source document means the city record from which the city record
data is obtained for electronic storage.
(Ordinance 90-256-6, § 29,
adopted 12/18/1990)
A person under contract or agreement with the city to create,
file, or store city record data electronically or to provide services,
equipment, or the means for the creation, filing or storage, may not,
under any circumstances, refuse to provide city record data to the
city in a timely manner in a format accessible and usable by the city.
(Ordinance 90-256-6, § 30,
adopted 12/18/1990)
All information collected, assembled, or maintained by or for
the city, except in those situations where the city does not have
either a right of access to or ownership of the information, pursuant
to law or ordinance or in connection with the transaction of official
business is public information and available to the public during
normal business hours of the city.
(Ordinance 90-256-6, § 31,
adopted 12/18/1990)
(a)
Information
not available to the public are:
(1)
Information
deemed confidential by law, either Constitutional, statutory, or by
judicial decision.
(2)
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 state law.
(3)
Information
relating to litigation of a criminal or civil nature and settlement
negotiations, to which the state or political subdivision is, or may
be, a party, or to which an officer or employee of the state or political
subdivision, as a consequence of his office or employment, is or may
be a part, that the attorney general or the respective attorneys of
the various political subdivisions had determined should be withheld
from public inspection.
(4)
Information
which, if released, would give advantage to competitors or bidders.
(5)
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 thereof.
(6)
Drafts
and working papers involved in the preparation of proposed legislation.
(7)
Matters
in which the duty of the state attorney general or an attorney of
a political subdivision, 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.
(8)
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.
(9)
Private
correspondence and communications of an elected office holder relating
to matters the disclosure of which would constitute an invasion of
privacy.
(10)
Trade secrets and commercial or financial information obtained from
a person and privileged or confidential by statute or judicial decision.
(11)
Inter-agency or intra-agency memorandums or letters which would not
be available by law to a party in litigation with the agency.
(12)
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 securities, as that term is defined in the Texas
Securities Act.
(13)
The home addresses and home telephone numbers of each official and
employee of a governmental body except as otherwise provided by section
A of the Open Records Act, and of peace officers as defined by Vernon's
Ann. C.C.P. art. 2.12, or by V.T.C.A., Education Code § 51.212.
(14)
Information contained on or derived from triplicate prescription
forms filed with the Department of Public Safety pursuant to V.T.C.A.,
Health and Safety Code §§ 481.075 and 481.076, the
Texas Controlled Substances Act, as amended.
(15)
Photographs that depict a peace officer as defined by Vernon's Ann.
C.C.P. art. 2.12, or by V.T.C.A., Education Code § 51.212,
the release of which would endanger the life or physical safety of
the officer unless:
(16)
Rare books and original manuscripts which were not created or maintained
in the conduct of official business of a governmental body and which
are held by any private or public archival and manuscript repository
for the purposes of historical research.
(17)
Oral history interviews, personal papers, unpublished letters, and
organizational records of nongovernmental entities, which were not
created or maintained in the conduct of official business of a governmental
body and which are held by any private or public archival and manuscript
repository for the purposes of historical research, to the extent
that the archival and manuscript repository and the donor of the interviews,
papers, letters, and records may agree to limit disclosure of the
item.
(18)
Curriculum objectives and test items developed by educational institutions
that are funded wholly or in part by state revenue and test items
developed by licensing agencies or governmental bodies.
(b)
The officer for public records may in any instance within his discretion make public any information protected under the exceptions contained in section 3, subsection (a) of the Open Records Act, that is not deemed confidential by law. A photograph exempt from disclosure under subsection (a)(19) of the Open Records Act may also be made public, but only if the peace officer or security officer gives written consent to the disclosure.
(Ordinance 90-256-6, § 32,
adopted 12/18/1990)
(a)
A person
or the authorized representative of a person has, beyond the right
of the general public, a special right of access to any records and
to copies of any records held by a governmental body that contain
information relating to the person that is protected from public disclosure
by laws intended to protect that person's privacy. The fact that the
information is deemed confidential by privacy principles under state
law does not grant the city the right to deny access to the person
or the person's representative, to whom the information relates. However,
laws and provisions of the law, other than ones intended to protect
that person's privacy interest, may still form the basis for denial
of access to the person or the person's representative to whom the
information relates.
(b)
Consent
for the release of information excepted from disclosure to the general
public but available to a specific person must be in writing and signed
by the specific person or the person's authorized representative.
A person under 18 years of age may consent to the release of information
under this section only with the additional written authorization
of the person's parent or guardian. A person who has been adjudicated
incompetent to manage the person's personal affairs or for whom an
attorney ad litem has been appointed may consent to the release of
information under this section only by the written authorization of
the designated legal guardian or attorney ad litem.
(c)
A release
of information pursuant to this section is not a prohibited release
of information to the public under the Open Records Act.
(d)
A person
who receives information obtained under this section may disclose
the information to others only to the extent consistent with the authorized
purposes for which consent to release the information was obtained.
(e)
If the city determines that information covered by a special right of access under this section is excepted from disclosure under any other exceptions under the Open Records Act, the city shall, before disclosing the information, submit a written request for a decision to the attorney general, (see section 2-98). If a decision is not so requested, the city shall release the information to the person with a special right of access under this section within ten days of receiving the request for information.
(Ordinance 90-256-6, § 33,
adopted 12/18/1990)
(a)
On application
for public information to the officer for public records by any person,
the officer of public records shall promptly produce such information
for inspection or duplication, or both, in the offices of the city.
If the information is in active use or in storage and, therefore,
not available at the time a person asks to examine it, the officer
for public records shall certify this fact in writing to the applicant
and set a date and hour within a reasonable time when the records
will be available for the exercise of the right. Nothing shall authorize
any person to remove original copies of public records from the offices
of the city.
(b)
The officer
of public information shall extend the initial examination period
by an additional ten days if, within the initial period, the person
requesting the information files with the officer of public records
a written request for additional time. The officer for public records
shall extend an additional examination period by another ten days
if, within the additional period, the person requesting the information
files with the officer for public records a written request for more
additional time.
(c)
The time
during which a person may examine information may be interrupted by
the officer for public records if the information is needed for use
by the governmental body. The period of interruption is not considered
to be a part of the time during which the person may examine the information.
(d)
All persons
requesting information from the records management officer shall supply
proper identification and describe with specificity those documents
being requested.
(Ordinance 90-256-6, § 34,
adopted 12/18/1990)
(a)
Each
department head shall be an agent of the officer for public records
for the purposes of complying with this article. It shall be the duty
of the officer for public records, to see that the public records
are made available for public inspection and copying; that the records
are carefully protected from deterioration, alteration, mutilation,
loss or unlawful removal; and that public records are repaired, renovated,
or rebound when necessary to maintain them properly. When records
are no longer currently in use, it shall be within the discretion
of the city to determine a period of time for which said records will
be preserved subject to state laws governing the destruction and other
disposition of state and local government records.
(b)
Neither the officer of public records nor his agent shall make any inquiry of any person who applies for inspection or copying of public records beyond the purpose of establishing proper identification and the public records being requested or establishing whether the officer for public records is authorized under section 2-95 to refuse to honor the request for the records. The officer from public records or his agent shall give, grant and extend to the person requesting public records all reasonable comfort and facility for the full exercise of the right granted.
(c)
The officer
of public records or the officer's agent shall treat each request
for information uniformly without regard to the position or occupation
of the person making the request or the person on whose behalf the
request is made or because the individual is a member of the media.
(Ordinance 90-256-6, § 35,
adopted 12/18/1990)
(a)
If the city receives a written request for information which it considers within one of the exceptions stated in section 2-95 but there has been no previous determination that it falls within one of the exceptions, the governmental body within a reasonable time, no later than ten calendar days, after receiving a written request 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.
(b)
The attorney
general shall forthwith render a decision, consistent with standards
of due process, to determine whether the requested information is
a public record or within one of the above stated exceptions. The
specific information requested shall be supplied to the attorney general
but shall not be disclosed to the public or the requesting party until
a final determination has been made by the attorney general or if
suit is filed under the provisions of the law, until a final decision
has been made by the court with jurisdiction over the suit. In a suit
filed under the Open Records Act, the court may order that the information
at issue be discovered only pursuant to a protective order until a
final determination is made. If the city wishes to withhold information,
it must submit written comments setting forth the reasons why the
information should be withheld. Any member of the public may submit
written comments setting forth the reasons why the information should
or should not be released. The attorney general shall issue a written
opinion based upon the determination made on the request.
(c)
In cases in which a third party's privacy or property interests may be implicated, including, but not limited to, subdivisions (1), (4), (10) and (14) of subsection (a) of section 3 of the Open Records Act, the city may decline to release the information in order to request an attorney general opinion. A person whose interests may be implicated or any other person may submit in writing to the attorney general the person's reasons for withholding or releasing information. In such cases, the city may, but is not required to, submit its reasons why the information should or should not be withheld.
(Ordinance 90-256-6, § 36,
adopted 12/18/1990)
If the city refuses to request an attorney general's decision
as provided by state law, or to supply public information or information
which the attorney general has determined to be a public record, the
person requesting the information or the attorney general may seek
a writ of mandamus compelling the city to make the information available
for public inspection.
(Ordinance 90-256-6, § 37,
adopted 12/18/1990)
It shall be the policy of the city to provide suitable copies
of public records within a reasonable period of time after the date
the copies are requested, at a reasonable cost.
(Ordinance 90-256-6, § 38,
adopted 12/18/1990)
The cost to any person requesting noncertified photographic
reproductions of public records comprised of pages up to legal sizes
shall not be excessive. The state purchasing and general services
commission shall from time to time determine guidelines on the actual
cost of standard size reproductions and shall periodically publish
these cost figures for use by the city in determining charges to be
made pursuant to this article. The cost of obtaining a standard or
legal size photographic reproduction shall be in an amount that reasonably
includes all costs related to reproducing the record, including the
costs of materials, labor and overhead, unless the request is for
50 pages or less or readily available information.
(Ordinance 90-256-6, § 39,
adopted 12/18/1990)
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 recordkeeping systems, shall be
set upon consultation between the officer for public records and the
state purchasing and general services commission, giving due consideration
to the expenses involved in providing the public records making every
effort to match the charges with the actual cost of providing the
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.
(Ordinance 90-256-6, § 40,
adopted 12/18/1990)
Public records shall be furnished without charge or at reduced
charge if the city council determines that waived or reduction of
the fee is in the public interest because furnishing the information
can be considered as primarily benefiting the general public.
(Ordinance 90-256-6, § 41,
adopted 12/18/1990)
If the city refuses or fails to provide copies of public records
at the actual cost of reproducing the records, a person who overpays
shall be entitled to recover three times the amount of the overcharge;
provided, however, that the city did not act in good faith in computing
the costs.
(Ordinance 90-256-6, § 42,
adopted 12/18/1990)
For the services expended in locating or making available records
or copies thereof, the charges shall be on file in the city secretary's
office.
Any person who willfully destroys, mutilates, removes without permission as provided herein, or alters public records shall upon conviction be punished as provided in section 1-13. This penalty provision shall not preclude the city from its other remedies available by law.
(Ordinance 90-256-6, § 44,
adopted 12/18/1990)
(a)
This
article does not prohibit the city from voluntarily 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
article does not authorize the withholding of information or limit
the availability of public records to the public, except as expressly
so provided.
(c)
This
article does not give authority to withhold information from individual
members or committees of the legislature of the state to use for legislative
purposes.
(d)
Nothing
in this article 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.
(Ordinance 90-256-6, § 45,
adopted 12/18/1990)
