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HomeMy WebLinkAboutIR 9531 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9531 To the Mayor and Members of the City Council January 8, 2013 `�` Page 1 of 7 r SUBJECT: OPEN GOVERNMENT AND PUBLIC INFORMATION This Informal Report is to provide information in response to City Council's questions regarding the policies, processes and trends associated with the City's open government program, which is Staff Action Tracking No. 870. There are two components of the City's open government program — open meetings and open records. The Open Meetings Act (Texas Government Code, Chapter 551) and the Public Information Act (Texas Government Code, Chapter 552) are the "sunshine laws" that form the foundation of open government standards and activities. OPEN MEETINGS Chapter 551 of the Texas Government Code requires that all meetings of a governmental body be open to the public, except as provided in accordance with the Open Meetings Act. This requirement applies to meetings of the City Council, City boards and commissions, task forces and certain advisory committees that comply with the Open Meetings Act. All members of the City Council, and boards and commissions that are subject to the Open Meetings Act must complete Open Meetings training not later than 90 days after taking the oath of office, or if no oath of office applies, not later than 90 days after assuming responsibilities of the position. To ensure that all members receive the same training, the Law Department provides Open Meetings training four times a year for all board and commission members. Training is also available online at the Attorney General's website, or the training DVD can be checked out from the Law Department to be taken at the convenience of the board or commission member. The City Secretary maintains certificates for all members who complete the training. PUBLIC INFORMATION / OPEN RECORDS Pursuant to Chapter 552 of the Texas Government Code, the Public Information Act (the "PIA" or the "Act"), the City Manager is the official officer for public information, and his Department Heads act as his agents for purposes of complying with the Act. Administrative Regulation D-1 (AR-D1) identifies the City's Records Management Officer (Records Manager) as first point of contact for public information requests on behalf of the City Manager. Each department is responsible for maintaining its own records; however, all employees follow the same process in responding to formal public information requests. CENTRALIZED PROCESS The City of Fort Worth has a centralized approach to responding to all requests for information made under the PIA. The policies and procedures of Fort Worth's public information response program are articulated in AR-D1 and were streamlined in the year 2000 to maximize ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9531 To the Mayor and Members of the City Council January 8, 2013 `�` Page 2 of 7 r SUBJECT: OPEN GOVERNMENT AND PUBLIC INFORMATION transparency, efficiency, and uniformity across all departments in responding to requests. AR-D1 contains relevant definitions, assignment of program roles, requirements for training, sample forms and other instructions for all departments. The receipt, distribution and tracking of all requests are managed by the Records and Information Management (RIM) Office, where the administration of the City's records management program is also housed. AR-D1 requires every Department Head to appoint one or more employees to serve as departmental PIA liaisons. RIM works with each departmental liaison to assist in the timely response to all requests. If the departmental liaison believes records responsive to a request may contain sensitive or confidential information, the liaison then refers that request to the Law Department for review. RIM maintains data on the identification and location of all records of the City and also oversees the City's process for legal destruction and removal of expired records. Proper records and information management ensures more efficient access to existing records, encourages collaborative departmental efforts to make information more automated and accessible, and facilitates removal of expired records, which lessens the public information burden. TOTAL REQUESTS RECEIVED This past fiscal year, FY2011-2012, the City received, processed, and tracked 7,873 formal requests for public information, which continues a twelve-year overall trend of explosive growth of over 1,300%. As reported to the Council in semi-annual updates over that period of time, while certain events may temporarily spike the number of requests, that annual growth is not attributable to any single type of request, requestor or department. Benchmarking data from several major Texas cities, particularly Austin, Dallas, El Paso and San Antonio, reflects the same substantial growth. Austin processed 11,600 requests in FY2011-2012, while Dallas responded to nearly 26,000 formal requests in the same period. Increased volume of requests in those cities is also accompanied by efforts to centralize the process for responses as well as a high percentage of requests for police records, similar to Fort Worth. TOP REQUESTED DOCUMENTS The number of records requested by the public has continued to increase as the population of Fort Worth and the citizens' awareness of the Public Information Act has steadily grown. There is no segment of the population or professional group that singularly accounts for the growth. Members of the media regularly make public information requests to the City and these kinds of requests often garner more publicity and visibility, but media requests only make up about four percent of annual requests. This percentage has remained steady over the years. As illustrated by the first attachment to this IR (Appendix 1), public information requests regularly involve most of the departments of our City, with an increasing proportion targeting records and ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9531 To the Mayor and Members of the City Council January 8, 2013 `�` Page 3 of 7 r SUBJECT: OPEN GOVERNMENT AND PUBLIC INFORMATION reports of the Police Department. In some cases, IT Solutions is involved in the production of several types of records, although the records themselves are the custody and responsibility of the creator/user department. Requests for police records have always accounted for well over half of all of the City's requests in a given year, and that share has increased in recent years. This past fiscal year, requests for Police Department information exceeded seventy-five percent of all City requests. The top 10 categories of requested records are as follows: • Police Records • Certificates of Occupancy • Environmental Site Assessments • Code Compliance and Violation Records • Building Permits • Fire Records • Animal Control Records • Personnel Records • Water Records • Building Plans There are three main drivers of the City's workload in responding to public information requests: 1. volume of requests; 2. complexity of requests; and 3. number of requests that involve multiple City departments. Along with the simple growth in the number of requests, we have observed a growing trend in recent years of more detailed and sweeping requests. These more complicated requests commonly include email of City staff and officials, for instance, which often requires substantial staff time and resources to retrieve, compile and review. Additionally, requests that require responses from multiple departments have increased in number. Out of 7,873 requests this past fiscal year, 2,500 involved more than one department, and this necessitated 11,368 points of departmental contact/involvement in the public information process. INCREASING EFFICIENCY During the span of this program growth, RIM and the Law Department have teamed to make the process for responding to requests more efficient. This has been accomplished by continually reassessing and improving response procedures and regular training of City staff on those procedures and when information does or does not require legal review before release. In 2009, RIM launched a web portal designed to allow requestors to submit their requests online, which has enhanced internal and external communication, request status notification, and response. Presently, over sixty percent of all requests come through this web portal, and the ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9531 To the Mayor and Members of the City Council January 8, 2013 `�` Page 4 of 7 r SUBJECT: OPEN GOVERNMENT AND PUBLIC INFORMATION remaining written requests arriving via fax, email, and walk-in customers, are entered into the system to maximize efficiency. TRAINING AR-D1 requires all departmental PIA liaisons and back-ups to complete public information training at least once within a two year period. RIM and the Law Department collaborate on annual training of all departmental PIA liaisons and other City staff on the procedures and requirements of the City's public information request program. This continual communication and training ensure that all departments of the City maintain a useful and uniform awareness and ability to respond to requests for information in a timely fashion. In the past year, two significant innovations for training have been designed and deployed in the City. In coordination with Human Resources, RIM and the Law Department have developed online training modules. The first module covers the rules and requirements for responding to public information requests under the PIA and AR-D1. The second module is a training session on using the City's online request portal system. Both modules can be used as a basic training course or a refresher course. To date, ninety (90) city employees and departmental PIA liaisons have completed the training. In addition to the online modules, both RIM and the Law Department also conduct training on an as-needed basis with individual departments to address turnover in PIA liaison assignments or to respond to other special needs of the department. LEGAL REVIEW The City receives thousands of public information requests each year; however, only a small percentage of requested records require review by the Law Department. Information such as completed audits, employee salary information, contracts, leases, ordinances, permits, settlement agreements, etc., are often requested by citizens, but require little to no legal review prior to release. Aside from requests for records that are confidential, the Law Department generally only reviews records at the request of the departmental PIA liaison. If the City wishes to withhold information, state law requires that the City request a ruling from the Office of the Attorney General (AG) each time, unless it has been has previously determined by an AG ruling or by statute that a request to the AG is not required, or the requestor consents to withholding the information. A previous determination only applies to the specific records that are the subject of a ruling; therefore, the City must request a ruling each time, even for the same categories of information, unless the AG specifically states that a ruling can be relied on for subsequent requests. In most cases, the Act does not allow an individual governmental entity to make its own interpretation as to whether or not information is confidential and can be withheld from the public. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9531 To the Mayor and Members of the City Council January 8, 2013 `�` Page 5 of 7 r SUBJECT: OPEN GOVERNMENT AND PUBLIC INFORMATION Of the 7,873 total requests received by the City in FY 2012, 1,393 (18%) were reviewed by the Law Department, and 1,074 (14%) were sent to the AG requesting a ruling. This is consistent with benchmarking from other major Texas cities, namely Dallas, Houston, San Antonio, El Paso, and Austin, whose ruling request rates range from 15-20%. FY 2012 Attorney General Rulings Requested - See attached Appendix 2 for summary and breakdown by department. READILY AVAILABLE INFORMATION Many efforts have been made to increase the amount of information that is readily available to the public through the City's web presence or through other efficient means without submitting formal public information requests. These efforts further the objectives of transparency and accommodation to citizens. One major result of these efforts has been to reduce the overall number of requests or, at least, to curtail the annual growth in the number of requests. This past fiscal year saw a smaller increase (4%) than in most previous years. More importantly, for the first time in twelve years, seven months experienced decreases, compared to those same months the previous year. Generally, RIM tracks all formal requests for information that are made through the online PIA system and those that are submitted through traditional means. However, requests for records that are generally available online, such as City ordinances, resolutions, public police incident reports available through the Police portal, and Municipal Court records, are not tracked as formal PIA requests. Many times each day, numerous informal requests for information are satisfied across the City and are not included in the central system for tracking and response, including both verbal and written requests. Data related to the volume of these requests and resources required to accommodate them is, as a result, less known except to the individually impacted departments. Maintaining a uniform system to respond to and track formal written requests is helpful for three primary reasons. First, when the City receives written requests for information, it is required to respond and document those responses in compliance with the Act. Second, written and documented communication with citizens is the best way to ensure that the City is timely and accurately responding to requests for information. Third, a system to track responses to requests is an excellent way to monitor needs to commit and direct future resources among departments to better serve the public. But whether requests for information are received verbally or in writing, the City and its citizens benefit by expanding readily available online and electronic records holdings. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9531 To the Mayor and Members of the City Council January 8, 2013 `�` Page 6 of 7 r SUBJECT: OPEN GOVERNMENT AND PUBLIC INFORMATION In an effort to reduce the number of formal requests received by the City, RIM has teamed with several departments, IT Solutions and the Law Department to install web links to public documents. • Police Reports - Public copies of certain police incident reports are available online through the Police Department's public search engine. A link to this site is positioned on the City's main public information web page to encourage would-be requestors to find these reports separately and more immediately. • Press Releases — The Police Department issues regular press releases and electronic updates to the media about newsworthy incidents. • Municipal Court Records - A link for assistance in locating and requesting Municipal Courts documents is placed on the public information web page to assist citizens in document retrieval of court records such as warrants, citations, etc. • Ordinances and Resolutions - City Ordinances and resolutions are available online under the City Secretary's records • Permits - Certain permits are available online through the Planning and Development Permits Plus system. • Social Media — Information about the City, community events and critical incidents are posted on the City's various social and electronic mediums, including Facebook, Twitter and the City's website. ENTERPRISE INFORMATION MANAGEMENT With the dual objectives of better City-wide management and accessibility of information, a team comprised of staff from the City Secretary's Office, RIM, and IT Solutions has been leading a project to expand Laserfiche electronic document management in the City Secretary's Office and in select divisions of the Human Resources, Police, Library, and Water Departments. This same team has also facilitated Laserfiche demonstrations and preliminary discussions among a collaborative group of infrastructure departments, including PMO, Water, TPW, Planning & Development, and Aviation about how to deploy Laserfiche as an Enterprise Information Management System (EIMS). For the current budget year, FY2012-2013, City Council has approved the acquisition of a substantial number of additional Laserfiche licenses to be dedicated for this overall purpose. RIM continues to provide leadership in this area, and has sought to gain approval in successive budget years for an improvement package to provide for an electronic records analyst in RIM to be dedicated full-time to coordinate, oversee, and expand Enterprise Information Management Citywide. The City of Fort Worth is dedicated to open government and complying with the state's public information laws. Our objectives are two-fold: (1) maintaining a responsible public information management system, and (2) providing maximum access to public information in the most expedient manner, yet at the same time properly securing confidential and sensitive information ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 9531 To the Mayor and Members of the City Council January 8, 2013 `�` Page 7 of 7 r SUBJECT: OPEN GOVERNMENT AND PUBLIC INFORMATION to best ensure the safety of the overall public. While the growth of the number and type of requests has presented various challenges to those objectives, City staff continues to actively seek ways to make information more accessible to the public and to provide a uniform, transparent, and expedient process for responding to requests for information. Tom Higgins City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS Appendix 1 City of Fort Worth Public Information Request Statistics FY2011-2012 Request Volume FY 2012 FY 2011 Number of Percentage Number of Percentage Department Requests of Total Requests of Total Totals by Month Daily Avg Police 5946 76% 4853 64% October 619 29.5 Code Compliance 1206 15% 921 12% November 542 27.1 Planning&Development 1087 14% 983 13% December 455 21.7 Fire 701 9% 528 7% January 561 28.1 TPW 664 8% 583 8% February 662 31.5 Municipal Court 388 5% 273 4% March 718 32.6 Police (IT Solutions) 249 3% 671 9% April 699 33.3 Human Resources 247 3% 244 3% May 735 33.4 Water 238 3% 233 3% June 658 31.3 IT Solutions 154 2% 136 2% July 791 37.7 City Secretary's Office 142 2% 166 2% August 741 32.2 Financial Management Services 140 2% 129 2% September 692 36.4 City Manager's Office 58 1% 66 1% Housing&Economic Development 38 <1% 40 <1% Total Daily Avg. Legal 36 <1% 27 <1% FY 2012 7873 31.2 Mayor& Council 28 <1% 43 <1% FY 2011 7556 30.2 Parks& Community Services 15 <1% 27 <1% Percentage Increase o 4/o Aviation 11 <1% 11 <1% over previous year Public Events 7 <1% 19 <1% Equipment Services 5 <1% 4 <1% Library 4 <1% 9 <1% Internal Audit 4 <1% 7 <1% NOTE: Variations in totals are associated with multiple departmental involvement with requests. APPENDIX 2 Summary of Attorney General Rulings Requested In accordance with AR-D 1,the Law Department submits requests for rulings to the Office of the Attorney General on behalf of all City departments. Below is a summary of(1)the number of requests received by each department; (2) how many of those requests were submitted to the Law Department for review; and (3)how many of those requests were submitted to the Attorney General for a ruling. FY2012 Public Information Requests and AG Rulings by Department (10/3/11 to 9/28/12) DEPARTMENT NO. OF NO. OF NO.REQUEST REQUESTS REQUESTS SENT TO AG RECEIVED BY REVIEWED BY FOR RULING CITY LAW DEPT Aviation 11 0 0 CMO/Human Relations 58 21 16 City Secretary 142 3 0 Code Compliance/Anim. Control 1,206 47 14 Equipment Services 5 0 0 Fire 701 44 14 Housing/Economic Development 38 10 4 Human Resources 247 47 22 Internal Audit 4 0 0 IT Solutions 154 1 0 Law 36 9 0 Library 4 0 0 Mayor&Council 28 1 0 Municipal Court 388 7 1 PACS 15 2 2 Planning &Development 1,087 10 3 Police 6,195 * 1,140 968 Public Events 7 1 0 Purchasing/Finance 140 24 16 TPW 664 10 5 Water 238 16 9 TOTALS 7,873 1,393 1,074 Totals: Total requests received by the City—7,873;Total reviewed by Law Department- 1,393 (18%);Total submitted to AG for ruling- 1,074 (14%) * Police Requests: The Police department has a high number of requests for rulings to the AG due to requests for documents related to matters such as pending criminal investigations, juvenile records, sexual assaults, records of child abuse or neglect, attempted suicide, etc. This high number of requests often times warrants additional staff and resources to be dedicated to filling requests for police records. Variation in totals are associated with multiple departmental involvement with requests.