R-2015-24 36-hour rule for PIRs - Laserfiche WebLink

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2013-24 RESOLUTION NO. 2015-0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING A POLICY TO PROVIDE FOR RECOVERY OF COSTS INCURRED TO RESPOND TO PUBLIC INFORMATION REQUESTS FROM A SINGLE REQUESTOR IN A TWELVE-MONTH PERIOD THAT EXCEED 36 HOURS OF PERSONNEL TIME; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Public Information Act (Texas Government Code Chapter 552, or the Act" herein) gives the public the right to request access to government information; and i WHEREAS, the Act authorizes the governmental body to charge and to require payment from requestors before complying with certain requests for production of public information or for copies of public information; and WHEREAS, Section 552.275 of the Act authorizes the governmental body to establish a reasonable limit on the amount of time personnel of the governmental body are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering its costs attributable to that personnel time; and WHEREAS, the City desires to establish a time limit pursuant to said Section 552.275 of the Act to compensate for the costs incurred processing public information requests beyond the time limit that has been established. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. That the City Council hereby adopts the following policy: PURPOSE To establish, under the provisions of Texas Government Code Section 552.275 of the Public Information Act, a reasonable limit on the amount of time that personnel are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor, without recovering the costs attributable to that personnel time. Section 552.275(b) establishes that the time limit may not be less than 36 hours for a requestor during the 12-month period that corresponds to the fiscal year of the governmental body. DEFINITIONS Public Information: Information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business of the City, made or received by the City in connection with the transaction of public business, except records that have been designated confidential by federal, state or other law. i