Ord 1980-013 - Laserfiche WebLink

Home Browse Search

, ,. , r TO: FROM: JEer, DATE: ~ 0/ SanA1arcos OFFICE MEMORANDUM Doriss Hambrick City Secretary Barbara Jean Edwards City Attorney Legal Objections to Ethics Ordinance Adopted By San Marcos City Council On April 9, 1980 April 14, 1980 RE: I CSM-IOO --- Pursuant to the requirement of Section 3.ll of the San Marcos City Charter I hereby set forth the reasons I cannot approve the ordinance approved by the City Council on April 9, 1980: l) The Texas Open Records Act states that all information maintained by a governmental body pursuant to ordinance is public information available to the public during normal business hours unless the information comes within one of seventeen listed exceptions. A city council is a governmental body for purposes of the Act. Article 6252-l7a, V.T.C.S. I find no exception which would apply to financial dis- closure statements submitted by the mayor and members of the city council pursuant to city ordinance. Section 3(a) (1) of the Act makes an exception of all "information deemed confiden- tial by law, either Constitutional, statutory, or by judicial decision." The exception does not expressly make information deemed confidential by ordinance an exception. Since the legislature did include the term "ordinance" in the introductory statement making most information public, the omission is significant. I do not believe. therefore, that the ordinance's requirement that statements shall be held "in strict confidence, and under lock and key" would make the information "information deemed confidential by law." In addition, the Texas Supreme Court has refused to allow a state agency to bring its information within the exception by board rule. [emphasis added] Industrial Foundation v. Texas Industrial Accident Board, 540 S.W. 2d 668 (Tex. 1976) With regard to the financial disclosure statements required of the city manager, city attorney and city secretary, the exception relating to information in personnel files (section 3