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HomeMy Public PortalAboutOrdinance No. 1163-10 02-23-2010 1163-10 CITY OF RICHLAND HILLS ORDINANCE NO. AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING THE 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 WHEREAS, elected and appointed officials ofthe City of Richland Hills may, from time-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 official city stationery; and WHEREAS, 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 WHEREAS, neither the Mayor nor a member of the City Council, nor any Board or Commission Member should independently send an official letter advocating for a particular 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 WHEREAS, 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; and WHEREAS, the City Council previously adopted a policy regarding the use of official correspondence by adopting Section 2-131 of Article IV of Chapter 2 of the Richland Hills City Code when it adopted Ordinance 1137-09, but now wishes to amend the provisions of Section in order to clarify and strengthen the policies set forth therein; 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 amended to 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 purposes and objectives of this policy are to assure that all official information sent to residents, organizations and businesses in the City and other third persons which is, purports to be, or gives the appearance of being, 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 that is, purports to be, or gives the appearance of being, on behalf of the City to citizens, organizations or businesses without the advance review and approval by the City Council and/or City Manager, as may be appropriate, and to assure that 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 ofthe 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. For purposes of this section, the following terms shall be defined as follows: "City" means the City of Richland Hills, Texas. "City Letterhead" means any writing, image, or recording, whether on paper, tape, or digital or electronic media, which bears the seal and name of the City, or a reasonable facsimile thereof. ORDINANCE AMENDING POLICY ON OFFICIAL CORRESPONDENCE Page 2 W:\Richland Hills\Ordinance\Ordinance adopting Policy on Official Correspondence.tgs.2.18.10.wpd "City Stationery" means the same as City Letterhead. "Official Correspondence" means a letter, message, or other communication, whether by writing, image, or recording, and whether on paper, tape, or digital or electronic media, regardless of whether sent by mail, hand delivery or other physical delivery method, facsimile transmission, electronic means, or other delivery method, which appears on City Stationery, or which purports to be a letter, message, or other communication from the City, or which would appear to a reasonable recipient to be an official letter, message, or other communication from the City. "Official General Correspondence" means official correspondence as defined herein 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. d. Responsibilities and duties. 1. No employee ofthe City may send official general correspondence changing, modifying, or establishing city policies until the City Manager has approved such correspondence. 2. Neither the Mayor, a member of the City Council, nor any appointed member of a board or committee, including the chairpersons of such boards and committees, shall send any official correspondence until such correspondence has been reviewed and approved by the City Council, unless such official correspondence reflects previously established City policy. 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, and which answers such specific inquiry with statements of existing fact and/or previously established City policy as provided by the City Manager's office. ORDINANCE AMENDING POLICY ON OFFICIAL CORRESPONDENCE Page 3 W:\Richland Hills\Ordinance\Ordinance adopting Policy on Official Correspondence.tgs.2.18.10.wpd 3. Letters which individual Council Members or the Mayor send to various local, state or federal agencies to solicit information necessary in the performance of their duties, provided, however, that this exception does not include requesting adoption of new regulations or statutes, interpretations of existing regulations or statutes, or any other action which has any binding, precedential, or legal effect on actions which have been or may be taken by the City. 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 a City official which are not sent on City Stationery, and which clearly express only a personal opinion or position, provided, however, that any letter that references the City official's position or title must contain an express statement that the contents of the letter reflect the opinions or viewpoint of the writer only, and that the contents of the letter have not been approved by the City Council, and do not reflect the position or viewpoint of the City. 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. ORDINANCE AMENDING POLICY ON OFFICIAL CORRESPONDENCE Page 4 W:\Richland Hills\Ordinance\Ordinance adopting Policy on Official Correspondence.tgs.2.18. l0.wpd SECTION 4. PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. 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. PASSED AND APPROVED ON THIS DAY OF 2010. ,f,/(~/_/~ , y pt 1 ~ HE HONORABLE DAVID GAN, MAYOR ATTEST: i~ L A ANTU, CITY SECRETARY EFFECTIVE: O~ ~I APP OVED S TO ORM AND LEGALITY: ~ a= v ~ ~ y= TIM . S LA CITY ATTORNEY ORDINANCE AMENDING POLICY ON OFFICIAL CORRESPONDENCE Page 5 ~ W:\Richland Hills\Ordinance\Ordinance adopting Policy on Official Correspondence.tgs.2.18.10.wpd