HomeMy WebLinkAboutOrd 489-2010 Judicial Record-PIR.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 489-2010
AN ORDINANCE OF ·rHE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 48 PUBLIC
INFORMATION, SECTION 2 AND SECTION 8, AND ADDING A NEW SECTION 10;
PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLlCA'nON
OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas's ("City") has previously adopted ordinances, rules
and regulations governing the City's Public Information is codified as Part II, Article 48,
of the City of Anna Code of Ordinances ("Anna Code"); and
WHEREAS, the City of Anna, Texas City Council ("City Council") has investigated and
determined that it would be advantageous and beneficial to the City and its citizens to
amend Part II of the Anna Code, to exclude judicial records from the public information
classification; and
WHEREAS, the City desires to adopt amendments to Part II, Article 48 of the Anna
Code, Section 2, Section 8 and add a new Section 10 to exempt judicial records from
public information;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above-referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
2.01 In accordance with Part II, Article 1, Section 9 of the Anna Code, the
following amendment is made to Part II, Article 48, Section 2:
The following words and phrases, when used in this article, shall have the meaning
ascribed to them by this section or if not defined in this section or other parts of this
article shall have that meaning customarily attributed to them.
City means City of Anna, Texas.
Judicial Record means a record made or maintained by or for a court or judicial agency
in its regular course of business but not pertaining to its adjudicative function,
re ardless of whether that function relates to a s ecifie case. A record of an nature
Ord 489-2010 Requests for Judicial Records.doc PAGE 1 OF4 03-09-10
created. produced. or filed in connection with any matter that is or has been before a
court is not a judicial record. A record is a document, paper. letter. map. book. tape.
photograph. film. recording. or other material. regardless of electronic or physical form,
characteristics. or means of transmission.
(Ord. No. 489-2010, adopted 03-09-10)
Labor Charge means the statutorily-limited $15/hour charge for locating, compiling,
manipulating data, and reproducing public information as to all responses to a request
for public information that: (a) exceeds 50 pages; (b) requires the provision of
documents from two or more separate buildings that are not physically connected with
each other; or (c) requires the provision of documents from a remote storage facility.
Nonstandard Copy or Oversize Copy means any copy of public information that is made
available to a Requestor in any format other than a Standard Paper Copy. Microfiche,
microfilm, diskettes, magnetic tapes, CD-ROM are examples of Nonstandard Copies.
Paper copies larger than 8 % by 14 inches (legal size) are also considered Nonstandard
Copies.
Officer for Public Information means the City Secretary.
(Ord. No. 463-2009, adopted 09/081(9)
Overhead Charge means a charge that covers such costs as depreciation of capital
asset, rent, maintenance and repair, utilities, and administrative overhead. The
Overhead Charge shall be computed at 20% of the Labor Charge associated with a
particular Public Information Request.
Personnel Charge means the actual cost to the City of Personnel Time-to the extent
such time exceeds the 36-hour limit under Section 4 of this article-expended for
locating, compiling, manipulating data, and reproducing public information associated
with a particular Public Information Request, said actual cost being calculated by
reducing to an hourly rate an employee's annual salary and the value of all other
compensation in the form of benefits received by said employee and multiplying said
hourly rate by the time actually spent.
Personnel means City employees.
Program Processing means the execution of a sequence of coded instructions by a
computer producing a result.
Programming Labor Charge means a charge for any services of a programmer required
in the processing of a Public Information Request while executing an existing program
or in creating a new program so that requested information may be accessed and
copied.
Public Information Request aIkIa "Open Records Request" means a request for public
information made in accordance with Texas Government Code, Cha ter 552 and in
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accordance with this Part, as amended. (Ord. No. 463-2009, adopted 09/08/09)
Requestor means a person who submits a request to the City for inspection or copies of
public information.
Standard Paper Copy means a copy of public information that is a printed impression on
one side of a piece of paper that measures up to 8 Y2 by 14 inches (legal size). Each
side of a piece of paper on which information is recorded is counted as a single copy. A
piece of paper that has information recorded on both sides is counted as two copies.
2.02 In accordance with Part II, Article 1, Section 9 of Anna Code, the following
amendment is made to Part II, Article 48, Section 8 as follows:
Section 8. Requirements for Submitting a Public Information Request
(a) In order to be considered valid and treated as a Public Information Request, a
request seeking information worn the City or any of its departments must:
(1) be addressed conspicuously to the attention of and delivered only to the
Officer for Public Information at a mailing address, physical address, email
address, or facsimile number provided by the Officer for Public Information;
(2) be in writing, state that it is a request for public information, and state the
requestor's name, mailing address, telephone number, and all additional
information necessary to allow a response to be sent to a particular place or
address; and
(3) include a deSCription of the information requested that is sufficiently specific to
enable the City to accurately identify and locate any information that may be
responsive to the request.
(b) A Public Information Request may be delivered by hand, mail, facsimile, email or
private courier or commercial service.
(c) Any email or facsimile submission addressed or delivered to any person other
than the Officer for Public Information shall not be considered a Public
Information Request. (Ord. No. 463-2009, adopted 09/08/09)
Ord. No. 489-2010, ado ted 03-09-10
Orc! 489-2010 Requests for Judicial Records.doc PAGE30F4 03-09-10
2.03 In accordance with Part II, Article 1, Section 9 of Anna Code, the following
amendment is made to Part II, Article 48, by adding Section 10 as follows:
Section 10. Judicial Records Not Covered Under This Article
Judicial Records are not covered by the Public Infonnation Act or the Public
Infonnation regulations enacted by the City. Judicial Records shall not be disclosed in
response to a request for public infonnation. A public information request for judicial
records shall be returned to the requestor. A request for Judicial Records may be
sent to the municipal court that maintains such record and such requests be
governed by the regulations adopted by such court.
Ord. No. 489-2010, ado ted 03-09-10
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or
invalid.
Section 4. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 9th day of March, 2010.
ATTESTED:
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