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HomeMy WebLinkAboutIR 9124 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9124 T To the Mayor and Members of the City Council Date: October 13, 2009 Page 1 of 6 a ex SUBJECT: PUBLIC INFORMATION ACT— CITYWIDE PROCESS fay% This informal report is to provide information in response to City Council's questions regarding the City's process for responding to public information requests, which is Staff Action Tracking No. 478. HISTORY OF PROCESS In 2000, the City improved and updated its procedures for responding to requests for information in compliance with Chapter 552 of the Texas Government Code, the Public Information Act. This process focused on a "centralized" approach for the receipt, log-in, distribution and tracking of the requests to capture the number of requests being made; to ensure proper distribution of the requests to the appropriate departments; that certain requests receive legal overview and to provide tracking of requests to ensure timely response by the department liaisons. The Records and Information Management Office (RIM) collaborated with the Law Department to update the City's Administrative Regulation (A.R.) D-1 to include all of those current processes. That regulation included: 1. Appointment by department heads of back-up liaisons to avoid processing impasses. 2. Establishment of an internal deadline to ensure plenty of time for legal review. 3. Updating and standardization of routine forms and making them available as appendices to the AR. 4. Increased advance notice to the public relative to information that was usually considered confidential. 5. Required training for all liaisons at least once every two years. 6. Clearly defined penalties for violation of the Public Information Act (PIA). While this "centralized" process is used on a majority of the requests, there are situations where the City departments can immediately provide requested information of a public nature that is readily available and does not require legal review. For example, the City Secretary's Office can easily provide resolutions, ordinances and City Council minutes that have been approved within the last seven to ten years. The resolutions, ordinances and minutes are available on the City's web site, These "quick" turnover requests are also logged in order to track the volume and trends of the requests. For example, the web link for ordinances has a list of ordinances by subject matter where the most popular ordinances being requested (i.e.. gas drilling, smoking ordinances, animal control ordinances) can easily be found. CITYWIDE PROCESS An open records request begins with a requestor submitting a written request for existing information using an open records request form (see Exhibit A) and submiffing it in person to a department or RIM Office or by sending an e-maii, fax document, or lefter, Exhibit B is a diagram that details the process, Including the roles played by the public, RIM, City departments, Law ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9124 To the Mayor and Members of the City Council Date: October 13, 2009 Page 2 of 6 SUBJECT: PUBLIC INFORMATION ACT— CITYWIDE PROCESS Department and the State Attorney General's Office. The RIM Office practices same-day distribution for all requests received during the normal business hours. State law establishes a deadline of 10 business days for the City to either produce the information or notify the requestor when the information will be available. During this time, RIM actively follows up with the departments after six (6) and nine (9) business days to check on the status of their response to insure timely release of the information. A determination that legal review of the information is needed is made by the fifth business day. If the Law Department has determined that the information is not releasable, then a brief is sent to the Attorney General's Office by the 10th business day requesting the information be withheld and the requestor is advised of this status. The Attorney General's Office has 45 days to respond to the City's request to withhold the information. If the Attorney General's Office determines that the information is releasable, then a new 10-business days is initiated for response, with the department providing a cost estimate and a date when the information will be available. As the diagram reflects, if costs exceeding $40.00 are required to produce the information, the requestor is provided with a cost estimate for purchasing copies of the information and options for viewing the information on-site at low cost or no charge. In all requests, the requestor has the opportunity to see the cost estimate and revise the request, if necessary. COSTS FOR PIA As explained during the budget presentation by the City Secretary, the City can recoup some of the costs for researching and providing copies of the public information. However, the City is required to charge only the actual costs as reflected in the Attorney General's Charge Schedule (see Exhibit C). This schedule has not been amended in many years. It is important to note that a vast majority of requests processed by the City are performed at the very low rate of 10 cents per page or at no cost to the public. Requests that can result in high costs to the requestor include a broad scope of targeted information over several years or that require substantial staff time to produce. PIA TRAINING OPPORTUNITIES Department heads are required to select public information liaisons and back-up liaisons that are all required to attend training on the PIA and the City's open records process, which is provided by RIM and Law Department. Ten such classes have been conducted in the last nine years. The first of several training sessions will begin soon with the department liaisons that are new to the process and with refresher sessions for the liaisons that have already received training. The training session is a compacted half-day session. The training includes PowerPoint presentation on the introduction to the act and background information; basics of requests-, the City"s procedures and review of Administrative Regulation AR D-I;' legal review and exceptions to disclosure and the cost rules. Copies of the current Public Information Act handbook have been purchased from the Attorney General's Office for use during the training. Also at the core of this training is an updated list of records and information commonly requested from the City, with LISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No, 9124 To the Mayor and Members of the City Council Date: October 13, 2009 Page 3 of 6 SUBJECT: PUBLIC INFORMATION ACT— CITYWIDE PROCESS direction from the Law Department on when departmental staff may release information without need for legal review. INCREASED VOLUME OF PIA REQUESTS The volume of requests for public information received by the City has grown over 1,000% in the past nine years, hitting 6,042 requests in FY2008-2009. Over half of all requests involve police records. According to the semi-annual report provided to the City Council, the analysis and breakdown by departments illustrates that this growth is not attributable to any type of request, requestor or department. The explosive growth of public information requests is a state-wide and national trend. Benchmarking data gathered from several major Texas cities, particularly Austin, Dallas, El Paso and San Antonio, reveals a general trend of centralization for processing public information requests and also confirms the overall, substantial growth in the number of requests being handled by cities across the state. Also noted in those benchmarking comparisons are the efforts of these cities to provide as much public information in readily accessible web environments as resources allow and the increasing use of tracking, redaction software and e- mail vetting. All of these cities also have sought, or are seeking, some type of document imaging/document management software that assists with the research and production of their records. It is important to note that the City of Fort Worth is still largely a paper document operation. In this highly automated/technology world, citizens have expectations that the City provide fast turn around or for many documents to be produced electronically. This is not yet a reality in the City's paper environment. Within the last several years, departments have been scanning documents and storing them on City servers in "pdf' formats. However, for proper document management, storage and retrieval, the City should prioritize the need for an Enterprise Information Management System. A recent article in the ICMA Magazine, Public Management, reports this influx of PIA requests all across the country and speaks to the need for cities to make it a priority to obtain document management systems in order to address this ever increasing request for information. LEGAL REVIEW The only disproportionate growth pattern in the City's large increase in public information requests has been the number of requests requiring legal review before release of responsive information, a percentage that has increased considerably in the past several years. Factors affecting requests requiring legal review include- ORD 673 For any document, phrase or data the City withholds from release, the Law Department must either (1) submit the records to the Office of the Attorney General ("OAG") and request a ruling-, or (2) have a standing order from the OAS' applicable to the specific information and type of record, (See O 673, March 19, 2001, holding that only the OAG may determine which Open Records Letter Rulings carry preCledential value). TEXAS ISSUED BY THE CITY lIANAGER FART WORTH, ____j INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9124 To the Mayor and Members of the City Council Date: October 13, 2009 Page 4 of 6 +ex SUBJECT: PUBLIC INFORMATION ACT— CITYWIDE PROCESS Y473 The OAG routinely orders the City to withhold open investigations, informant identities, confidential personnel files of sworn officers, juvenile offender records, child abuse records, and other categories of information. However, the OAG has declined to issue standing orders on these matters so the City is left with the obligation to request a ruling each and every time such records are requested. New laws and changes in law With each legislative session, new categories of information are declared confidential, giving the City the responsibility to protect that information for the benefit of the individual involved. Changes in interpretation by the OAG Recent changes in interpretation by the OAG have required the City to request rulings on records that previously would have been released without legal review. For example, arrest warrants and affidavits had been considered public information once executed and were routinely and immediately released by the Police Department. (See Tex. Code Crim. Proc. 15.26). The OAG now applies the grant of public access under the Code of Criminal Procedure only to warrants and affidavits in the hands of the clerk of the court, not the police department. The effect of this change is that the Police Department is now required to withhold any confidential information contained in the warrant or affidavit, and so cannot simply release them upon request as before. Changes in technology Around 2005, the Police Department changed to a new computer system to produce their reports. Prior to this change, members of the media could directly access slightly redacted copies of most reports, including the full narrative description of the case. The reports in the new system contain vastly more information, some of which could jeopardize the open investigation. Therefore, the new system grants direct access to only the electronically extracted "Public Copy" which contains a summary narrative, the length and breadth of which varies from officer to officer and report to report. Since these more limited reports may not satisfy the needs or interests of the media, they now more commonly request the full narrative report, which is submitted to the OAG to protect the on-going investigation. Changes in the character of requests Not reflected in the statistical growth of the public information process, the City has seen a growing trend of more detailed and more sweeping requests for information. Rather than the one to two sentence requests previously addressed by the City within minutes, the City ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9124 To the Mayor and Members of the City Council Date: October 13, 2009 Page 5 of 6 SUBJECT: PUBLIC INFORMATION ACT— CITYWIDE PROCESS increasingly receives requests spanning four and five pages from attorneys and others that require weeks to process. Similarly, the City has seen a shift from requests for a specific report to "any and all" information about a case. The later requires production of many more records, scattered among many more offices and files, and generally includes more confidential information of third parties that the City is obligated to protect through submission to the OAG. EFFORTS UNDERWAY TO ADDRESS CHALLENGES The Records and Information Management Office and the Law Department will be assisting departments to better know what records can be immediately released and to craft and maintain their records in a publicly releasable state, with the goal of providing the public better, faster access to information. The Police Department, with assistance from the Law Department, has begun and is continuing training of its officers to standardize the summary narratives and other details of reports so that the "Public Copies" better serve the needs of the press and public and avoid the need to request the full narrative report which must then be withheld. With the assistance of the Law Department, each department will be encouraged to expand their efforts to discuss requests and exclusions with requestors to find compromises which allow the City to reduce its submissions to the OAG and provide more useful and timelier information to the public. PIA TECHNOLOGY UPDATES During the budget workshops, the City Secretary and Law Department presented proposals for software improvements to enhance the City's PIA process with the purchase of new software systems. In the Law Department, Adobe Acrobat Pro, Version 9 has been purchased and is in place and working well for the two attorneys and two secretaries that handle the public information requests (PIR). There are two more rights of access on Adobe Acrobat for the two new PIR attorneys to be hired. This is the software that handles the redaction of information. The City Secretary's Office scheduled a demonstration of FOIA Systems software made specifically for cities to use on public information requests for logging, tracking, creating of cost estimates, running special reports, etc. The vendor is offering the City an opportunity to have the software for a pilot program to see if it will meet the City's needs. The City Secretary's Office recently acquired the two licenses of Laserfiche document management/imaging software formerly used by the Health Department, to begin an initiative for document management/imaging and push out additional public documents at ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9124 To the Mayor and Members of the City Council Date: October 13, 2009 Page 6 of 6 SUBJECT: PUBLIC INFORMATION ACT— CITYWIDE PROCESS a very low cost to the department. Through additional cost savings in the department, the necessary web browser package will be purchased to provide for a web portal from the City's web site for public information. The portal will provide the public with access to the City's ordinances, resolutions, minutes and contracts and other public documents creating one location where the public can go for this kind of information. Great efforts will be made to advertise and train the public on the availability of the information on the City's web site. Lastly, a City team comprised of representatives from IT Solutions, Internal Audit, Law, City Secretary's Office and several other departments is being launched to assess the City's ability to manage email to reduce the sometimes massive expense of resources required to search and produce requested information. A number of software tools are available in the market place that provide for fast and efficient vetting of e-mails. This team will be analyzing the City's current process compared to the possibilities that can be accomplished through new software. WORKING WITH THE CITY'S MEDIA CONTACTS There have also been recent efforts to improve understanding between requester groups, such as the press, in order to better accommodate special information needs. Recently, select media contacts have been critical of the City's process for public information requests, particularly delays associated with legal review and the need to file a PIR for information that they use to receive without filing one. To address and clarify their concerns, a meeting was held with several media representatives on Wednesday, September 16, 2009. In attendance were Karen Montgomery, Jason Lamers, Shirley Little, Doug Jones, Marcia Wise, Police Chief Jeff Halstead, and other city staff. Press concerns were addressed and better understanding of the City's process and statutory requirements were provided to break down real and perceived barriers to timely information access. In keeping with the intent of the State's Public Information Act, the City of Fort Worth is dedicated to open government through its public information process. The dual objective of any responsible information management program is to provide maximum access to public information in the most expedient format, while also securing confidential and sensitive information to best ensure the safety of the overall public. And while the explosive growth in the volume of open records requests has challenged these objectives, City staff is actively working to make access to information more uniform, transparent, and expedient. Date A. Fisseler, P.E. City Manager SSUi=D BY THE Ct MANAGER FORT 1ORTH, AS CITY OF FORT WORTH PUBLIC INFORMATION REQUEST A. REQUEST IDENTIFICATION Name of Requester Telephone Date Facsimile Email Address Description of Information Requested: (Attach additional sheets if necessary. Please be specific as possible.) Signature of Requester B. DEPARTMENTAL RESPONSE Department Request Handled by: Telephone C. INFORMATION CHARGES COST ESTIMATE ACTUAL COST An estimate of costs to copy the information you requested is The cost of copying the information you requested is provided provided below. This estimate has been calculated from below. This cost has been calculated from the total charges I anticipated charges that are indicated on the back of this form. indicated on the back of this form.Please remit payment,either in Actual cost may be higher or lower than the cost estimate. Please j person, or by check made out to the City of Fort Worth and indicate your desire to proceed with this request by checking one I addressed as shox,,-n below. Thank-you, of the boxes below, signing and dating this form, and returning it either by fax to the fax number listed in Section B above, or 1 i mailing it to the address shown at the lower right. Cost Estimate: Actual Cost: I NOTE: Cost estimates that exceed 5100 require a deposit If mailing, send to attention of department named in Section B before a request can be processed. above.addressed to: i orm tn I wish to have the information ation copied. At : (department) I do not wish to have the in,ormation copied. City of Fort Worth 1000 Throckmorton Street Fort Worth,Texas 76102-6311 i 0 1-C"I&91, L iture of Requestor Date __�__qgn re of Recluestor T........... x w LU ui 42 R 15 o O-Z 1:� sU -S 87 r °+ ICA 4t3 i 0 To -0 t I 1 -0 0 41 . 2 , -40 -0 fft C-0 cr ------------- vi 4 0 )4—LLI--poi CA. fF ---------- 46 04 16 U) CL ............... r? TO BE > _U5 I fP-JOuOID luawo6cuew F Is!ivawpedoo �, 1 10 solljo U01 Wi0jul SP40008 EXHIBIT C PUBLIC INFORMATION CHARGES CATEGORIES DESCRIPTION NUMBER FEE RATE TOTAL 1. Standard-size paper copy up to 81/2"x 14" =u $.10 per page 11. Nonstandard-size copy (A) Diskette $1.00 each $ (B) Magnetic tape 4 mm a$13.50 each 8 mm era$12.00 each $ 9 track i&$11.00 each $ (C) Data Cartridge Actual Cost $ (D) Tape Cartridge Actual Cost $ (E) VHS Video Cassette �4,$2.50 each $ (F) Audio Cassette (d.- $1.00 each $ (G) Paper copy I I"x 17" $.-SO each $ (H) Mylar $,85 sq.ft. $ Bluelinei'Blueprint Paper Ca.,$.20 s q.ft. $ (J) DVD �$3.00 each $ (K) CD-R or CD-RW $1.00 each $ 111. Personnel Charge (A) Programming Personnel $28.50 per hour $ (B) Other Personnel Cd $15.00 per hour $ IV. Overhead charge 20%of personnel charge $ V. Micro Fiche/Film Actual Cost $ V1.Remote document retrieval Actual Cost $ charge V11. Computer resource charge (A) Mainframe A$10.00 per minute $ (B) Midsize $1.50 per minute $ (C) Client/Server @$2.20 per hour $ (D) PC or LAN Ca.,$1.00 per hour $ VIII. Miscellaneous supplies Actual Cost $ IX. Postage&shipping charge Actual Cost X. Photographs Actual Cost Fax charge (A) Local $.10 per page (R) Long distance,same area code a$.50 per page (C) Long distance,different area code $1,00 per page Other costs Actual cost $ Description: Total Charges: NOTE: Sales tax is not applicable on public records.