To: Mayor and Council
From: Kelly Ballard, City Secretary
Subject:
Title
Consider a resolution adopting fees for responses to Public Information Act requests pursuant to Texas Government Code, Chapter 552, and Section 2-270 of the Keller Code of Ordinances (Administrative Fees).
Background:
The Texas Public Information Act (Texas Government Code, Chapter 552) requires governmental bodies to provide access to public information and authorizes the recovery of certain costs. The Office of the Attorney General (OAG) has established detailed cost rules in 1 Texas Administrative Code, Chapter 70, that prescribe the allowable charges for copies, electronic media, personnel time, overhead, and mailing.
Historically, the City of Keller has not charged requestors for copies of public information. However, the increasing number and scope of requests have placed a growing burden on staff time and city resources. Implementing fees consistent with the Attorney General’s prescribed cost rules will allow the City to recover a portion of these costs while maintaining compliance with the Public Information Act.
Section 2-270 of the Keller Code of Ordinances authorizes the City Council to adopt administrative fees by resolution.
Financial Impact:
Adoption of this resolution will allow the City to recover allowable costs associated with producing public information, including copies, electronic media, staff time, and mailing. Consistent with state law, the City is required to provide an itemized cost estimate for charges over $40, may require a deposit for charges over $100, and may waive or reduce fees when providing information primarily benefits the general public.
Legal Review:
The City Attorney has reviewed this agenda item.
Alternatives:
City Council has the following alternatives:
- Approve as submitted
- Approve with changes
- Denial
Council Action:
Staff recommends approval of the resolution adopting Public Information Act fees, which implement the cost rules established by the Texas Attorney General, as an administrative fee under Sec. 2-270 of the Keller Code of Ordinances.