HomeMy Public PortalAboutOrdinance No. 1191-10 12-14-2010 CITY OF RICHLAND HILLS ORDINANCE NO. 1191-10
AN ORDINANCE PROVIDING FOR A REASONABLE LIMIT ON THE
AMOUNT OF TIME TO BE SPENT WITHOUT CHARGE FOR REPEAT
OPEN RECORDS REQUESTORS; REQUIRING PAYMENT FOR TIME
AND EXPENDITURES INCURRED BEYOND THIS LIMIT; PROVIDING
FOR EXCEPTIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature, in recognition of the fact that a municipality
may expend significant resources in responding to requests for public information
without recovering its costs, enacted section 552.275 of the Texas Government Code,
which authorizes the governmental body of a municipality to establish a reasonable limit
on the amount of time that personnel of the governmental body are required to spend
producing public information for inspection by a requestor or providing copies of public
information to a requestor; and
WHEREAS, Section 552.275 of the Government Code authorizes a municipality
to require repeat requestors to pay for the municipality's costs to respond to requests for
public information after its employees have worked over 36 hours in a fiscal year to
research and respond to one person's requests; and
WHEREAS, the City Council desires to adopt a policy in this regard to provide a
method of maximizing its human and financial resources while striking a reasonable
balance with the obligation of the City to make available public information, and has
determined that 36 hours is a reasonable limit to be imposed under Section 552.275.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
RICHLAND HILLS:
SECTION 1.
In accordance with Section 552.275, the City Council establishes a limit of 36
hours as the amount of time that employees are required to devote without charge to
produce public information for inspection or duplication, or providing copies of public
information to any one requestor. This limit shall apply to each twelve (12) month
period commencing each October 1, effective with the date of adoption of this
ordinance.
SECTION 2.
A. The City Secretary or the City Secretary's designee shall provide the
requestor with a written statement of the amount of personnel time spent complying with
each request and the cumulative amount of time spent complying with requests from
that requestor during the applicable twelve month period. The time spent preparing the
written statement of total time spent may not be included.
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B. When the time spent on responding to a particular requestor's requests
equals or exceeds the time limit imposed by Section 1, the City Secretary or the City
Secretary's designee 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 estimate must be provided on or before the tenth (10th) day after the
date on which the public information was requested. The amount of the cost shall be
established by rules prescribed by the attorney general.
C. If the City Secretary or the City Secretary's designee determines that
additional time is required to prepare the written estimate of costs required by Section
2(B) and provides the requestor with a written statement of that determination, the City
Secretary or the City Secretary's designee must provide the written estimate of costs
required by Section 2(B) as soon as practicable, but on or before the 10th day after the
date the City provides the written statement that additional time is required.
SECTION 3.
A. After the City Secretary or the City Secretary's designee has provided the
requestor with the written estimate of costs under Section 2, the requestor may respond
within ten (10) days of receiving the estimate by submitting a written statement 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 and personnel time and overhead; or
2. the amount stated in the written statement provided.
B. If the requestor fails or refuses to submit the written statement of
commitment to pay, the requestor shall be considered to have withdrawn the requestor's
pending request for public information.
SECTION 4.
Any time spent complying with a request in the name of a minor 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.
SECTION 5.
A. This Resolution 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:
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1. a radio or television broadcast station that holds a license issued by
the Federal Communications Commission; or
2. a newspaper that is qualified under section 2051.044 of the Texas
Government Code 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; or
3. A newspaper of general circulation that is published on the Internet
by a news medium engaged in the business of disseminating news
or general 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.
B. This resolution 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.
C. This Resolution does not apply if the requestor is an elected official of the
United States, this state, or a political subdivision of this state.
SECTION 6.
This Ordinance shall become effective upon its adoption.
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PASSED AND APPROVED ON THIS 14th DAY OF December , 2010.
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E HONORABLE DA L. RAGAN, AYOR
ATTEST:
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INDA CANTU, TRMC, CITY SECRETARY ~ •
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December 14, 2010 F ~ n =
EFFECTIVE DATE: =v ~
APPROVED O FORM AND LEGALITY:
TIM G. SRALLA, CITY ATTORNEY