G-10-01-14-7A1 - 1/14/2010ORDINANCE NO. 4_ (O- 01 -t4 -4A-4
AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995
EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 1,
SECTION 1.1002.1 BY ADDING SUBSECTION (7) RELATING TO
ACCESS TO CERTAIN CONFIDENTIAL FILES; PROVIDING FOR
A SAVINGS CLAUSE; AND REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS.
WHEREAS, the City of Round Rock has previously adopted
Chapter 143, Texas Local Government Code, dealing with Municipal
Civil Service for firefighters; and
WHEREAS, Texas Local Government Code Section 143.089(g)
allows a fire department to discretionarily maintain personnel
files; and
WHEREAS, information contained in such subsection (g) files
is "confidential by law" under the Public Information Act,
Section 552.101 of the Texas Government Code; and
WHEREAS, state law and Texas Attorney General opinions have
consistently held that the
chief
executive
and the governing
body of a municipality have an inherent right, in their official
capacities, to examine the records contained in such subsection
(g) file; and
WHEREAS,Texas Attorney General Opinion JC -0283 states that
information made confidential by subsection 143.089(g) of the
Local Government Code may be released to certain parties upon
approval of the governing body of the municipality: Now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS, THAT:
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I.
The Code of Ordinances of the City of Round Rock, Texas, is
hereby amended by amending Chapter 1, Section 1.1002.1(7) as
follows:
1.1002.1(7) Access to Subsection 143.089(g) File
(a) Access to a fire fighter's otherwise confidential subsection (g) file is an
inherent right, in their official capacities, of the City Council, the City
Manager, and the Director of Fire Fighters' Civil Service.
(b) In addition to those persons listed in subsection (a) above, access to a fire
fighter's otherwise confidential subsection (g) file shall be specifically granted
to the Department Head of the Fire Department, the City Attorney, and outside
attorneys retained by the City.
II.
A. All ordinances, parts of ordinances or resolutions in
conflict herewith are expressly repealed.
B. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
C. The City Council hereby finds and declares that
written notice of the date, hour place and subject of the
meeting at which this Ordinance was adopted was posted and that
such meeting was open to the public as required by law at all
times during which this Ordinance and the subject matter hereof
were discussed, considered and formally acted upon, all as
required by the Open Meetings Act, Chapter 551, Texas Government
Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an
affirmative vote of all the Council members present, the
2
requirement for reading this ordinance on two separate days was
dispensed with.
READ, PASSED, and ADOPTED on first reading this 14- day
of , 2010.
Alternative 2.
READ and APPROVED on first reading this the day of
, 2010.
READ, APPROVED and ADOPTED on second reading this the
day of , 2010.
ATTEST:
- kit&
SARA L. WHITE, City Secretary
ate )1, A____.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
3
DATE: January 7, 2010
SUBJECT: City Council Meeting—January 14, 2010
ITEM: 7A1. Consider an ordinance amending Chapter 1, Section 1.1002.1, Code of
Ordinances, by adding subsection (7) relating to access to fire fighters
confidential files. (First Reading)
Department:
Staff Person:
Justification:
Fire
Larry Hodge, Fire Chief
To affirm who has access to a fire fighter's otherwise confidential file by amending Chapter 1, Section
1.1002.1, Code of Ordinances.
Strategic Plan Relevance:
9.0 Ensure plans, policies and procedures are consistent with vision, intent and goals of the strategic
plan.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources (if applicable):
Public Comment (if applicable):