Loading...
HomeMy Public PortalAboutOrdinance No. 1137-09 01-27-2009 CITY OF RICHLAND HILLS ORDINANCE N0.1137-09 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS ADOPTING A POLICY ON THE RELEASE OF OFFICIAL CORRESPONDENCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and Wi~REAS, elected and appointed officials of the City of Richland Hills may, fromtime-to- time, find it necessary or desirable to communicate directly with citizens, citizen groups, citizen organizations and business owners regarding city-sponsored events, policies and/or procedures using j official city stationery; and WI-~REAS, it is in the best interests of the city, it's citizens, and it's business owners that any official correspondence being distributed to other than a single citizen or a single business in response to a specific inquiry be consistent with city policies and positions and that such correspondence be approved in advance by the City Manager and/or, if the correspondence is generated by the Mayor or a Council Member, that such correspondence be approved in advance by the City Council; and WI~REAS, neither the Mayor nor a member of the City Council, nor any Boazd or Commission Member should independently send an official letter advocating for a particulaz business, policy, sponsorship, gift, donation, or other such matter to residents or business owners without first securing the recommendation of the City Manager and the advance approval by the City Council; and WI~REAS, the City Manager, Mayor and Council have primary responsibility to assure that general correspondence to citizens and businesses are always consistent with city policy and that such correspondence will not bring into question the integrity or honesty of the City Council, Office of Mayor, City Manager and/or the city government; and WHEREAS, assuring the achievement of these goals is paramount to effective governance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. Section 2-131 of Article IV of Chapter 2 of the Richland Hills City Code is hereby adopted and shall provide as follows: Section 2-131 Policy on the Release of Official Correspondence. a. Scope. This policy on the release of official correspondence shall apply to and govern the use of official correspondence by the Mayor, all members of the City Council, all City Officials, all members of all boards, commissions and committees, the City Manager, and all other employees throughout the City of Richland Hills. b. Purpose and objective. The primary purpose objective of this policy is to assure that all official information sent to residents, organizations and businesses in the City on behalf of the City is consistent with the policies, standards, goals and objectives of the City, to assure that no elected or appointed official or an employee of the city may dispatch information on official City stationery to citizens, organizations or businesses without the advance review and approval by the City Counciland/or City Manager, as maybe appropriate, and to assure that such general correspondence sent to citizens, organizations or businesses will not impugn or cast doubt upon the integrity of the City Council, the Mayor, City Manager, the boards, commissions or committees of the City, and/or the City government as a whole, and to maintain the highest standards of integrity, and to avoid even the appearance of impropriety on the part of any elected or appointed official or employee of the City. c. Definitions. City Letterhead" means the paper with the printed seal and name of the City of Richland Hills that is used for official communications by the City Manager, city employees, City Council and the Mayor, and any electronic facsimile thereof. "City Stationery" means the same as City Letterhead. "Official Correspondence" means a letter or message which is either prepared on City Stationery of the City of Richland Hills or which purports to represent a message or communication from the City of Richland Hills. "Official General Correspondence" means a letter or message on City Stationery of the City of Richland Hills which is sent, by mail, hand delivery or other physical delivery method, facsimile transmission, or electronic means to any of the following: (1) more than one resident of the City of Richland Hills; (2) more than one business in the City of Richland Hills; or (3) any organization, board, committee or commission of the City of Richland Hills. For purposes of this definition, variations of the same or a similar message shall be considered a single letter or message constituting Official General Correspondence. ORDINANCE ADOPTING POLICY ON OFFICIAL CORRESPONDENCE Page 2 W:\Richland Hills\Ordinance\Ordinance adopting Policy on Official Correspondence.tgs.1.26.09.wpd d. Responsibilities and duties. 1. The City Manager shall approve in advance all official general correspondence regarding city policies sent to residents, organizations or businesses by employees, officers, and department chiefs, except for routine correspondence citing, applying, or relying upon previously-established city policies. 2. The City Council, with the recommendation of the City Manager, shall approve in advance all official general correspondence sent to residents, organizations or businesses by a member of Council, the Mayor, and any appointed member of a board or committee, including the chairpersons of such boards and committees. 3. The City Manager may, at the City Manager's sole discretion, send such general official correspondence as is necessary and proper to residents, organizations and businesses. e. Exceptions. This policy does not apply to: 1. Congratulatory letters sent to city employees by the Mayor or Council Members that do not advocate any specific policy; 2. Letters sent as factual responses to specific inquiries by a citizen or business owner that are addressed to a specific Council Member, or the Mayor. 3. Letters which individual Council Members or the Mayor send to various local, state or federal agencies to solicit information or other such activities necessary in the performance of their duties. 4. Letters which the City Manager, as the City's Chief Operating Officer, is authorized by the Council to dispatch, or which are necessary in the performance of the City Manager's assigned duties. 5. Letters sent by the Mayor or a Council Member which are not sent on City Stationery, and which expressly state both that the contents are the opinions or viewpoint only of the writer and that neither the sending of the letter nor its contents have been approved by the City Council, or words of sinular meaning and effect. ORDINANCE ADOPTING POLICY ON OFFICIAL CORRESPONDENCE Page 3 W:\Richland Hills\Ordinance\Ordinance adopting Policy on Official Correspondence.tgs.1.26.09.wpd 6. Routine correspondence sent by City employees citing, applying or relying upon previously-established city policies. SECTION 2. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, ~ sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. ~I PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required bylaw. SECTION 5. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. qq PASSED AND APPROVED ON THIS al~,DAY OF 2009. C ` ~ . = HONO LE L. RAGAN, MAYOR =v / m. ~5 ~~~~~n n n i i ORDINANCE ADOPTING POLICY ON OFFICIAL CORRESPONDENCE Page 4 W:\Richland Hills\Ordinance\Ordinance adopting Policy on Official Comspondence.tgs.1.26.09.wpd ATTEST: A ANTU, CITY SECRETARY EFFECTIVE: d~ ~00~ APP OVE AST FORM AND LEGALITY: TIM G. SRALLA, ITY ATTORNEY ORDINANCE ADOPTING POLICY ON OFFICIAL CORRESPONDENCE Page 5 W:1Richland Hills\Ordinance\Ordinance adopting Policy on Officia] Correspondence.tgs.1.26.09.wpd