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R-2015-24 36-hour rule for PIRs
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R-2015-24 36-hour rule for PIRs
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7/18/2018 9:00:59 AM
Creation date
12/18/2015 12:12:29 PM
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Legislative Records
Legislative Type
Resolution
Legislative No.
R-2015-24
Date
12/14/2015
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Requestor:A person who submits a written request to inspect records, obtain copies of records, <br /> or both. <br /> POLICY <br /> The City establishes a reasonable limit of 36 hours per requestor during the 12-month period that <br /> corresponds with the City fiscal year for the amount of time that personnel of the City are required <br /> to spend producing public information for inspection by a requestor, or providing copies of public <br /> information to a requestor, without recovering costs from the requestor attributable to that <br /> personnel time. <br /> Each requestor whose public information requests in a fiscal year require the expenditure of <br /> personnel time that exceeds the 36-hour time limit shall pay all costs attributable to cost of <br /> materials, personnel time, and overhead expenses necessary to comply with the request, even if <br /> the requestor intends to only inspect the documents. <br /> Each time the City complies with a request for public information, the City shall provide the <br /> requestor with a written statement of the amount of personnel`time spent complying with that <br /> request and the cumulative amount of time spent complying with requests for public information <br /> from that requestor during the applicable 12-month period. The amount of time spent preparing <br /> the written statement will not be included in the amount of time included in the statement provided <br /> to the requestor. <br /> If in connection with a request for public information, the cumulative amount of personnel time <br /> spent complying with requests for public information from the same requestor equals or exceeds <br /> the 36 hour limit, the City shall provide the requestor with a written estimate of the total cost, <br /> including materials, personnel time, and overhead expenses, necessary to comply with the <br /> request. The written estimate must be provided to the requestor on or before the 10th day after <br /> the date on which the public information was requested. The amount of the charge relating to the <br /> cost of locating, compiling, and producing the public information shall be established by rules <br /> prescribed by the attorney general under Texas Government Code Sections 552.262(a) and (b). <br /> If the City determines that additional time is required to prepare the written estimate and provides <br /> the requestor with a written statement of that determination, the City will provide the written <br /> statement as soon as practicable, but on or before the 10th day after the date the City provided <br /> the statement. <br /> If the City provides a requestor with a written statement under this policy, the City will not be <br /> required to produce public information for inspection or duplication or to provide copies of public <br /> information in response to the requestor's request unless on or before the 10th day after the date <br /> the City provided the written statement, the requestor submits a statement in writing to the City in <br /> which the requestor commits to pay the lesser of: <br /> (1) the actual costs incurred in complying with the requestor's request, <br /> including the cost of materials and personnel time and overhead; or <br />
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