§ 2-603. Information

(a) On major policy issues, the city manager shall provide briefing material to the council in advance of council consideration of the policy alternatives. Whenever possible, the management report shall be presented as a discussion item at a regular city council meeting. The policy briefing item will be placed on the next city council meeting agenda for council consideration or a work session will be scheduled.

(b) All council members should have the same information with which to make decisions. When one council member has an information request, the response will be shared with all members of the council so that each member may be equally informed.

(c) Staff should provide city council with information on agenda items as far in advance of the meeting as possible. Staff should avoid giving information at the meeting on issues that will be considered during the meeting. In order to provide the council with timely information, please strive to submit questions on council agenda items ahead of the meeting. City council members are encouraged to submit their questions on agenda items to the city manager as far in advance of the meeting as possible so that staff can be prepared to respond at the council meeting.

(d) The city manager shall provide operational updates to the city council informing them of the progress on projects, items of concern, city events, financial, and legal issues currently pending before the city. The update shall be by email and no less than twice a month.

(e) Confidential information. In general, a member of the city council is entitled to review and inspect all records of the city, including confidential information, in their official capacity. A city council member acts in his or her "official capacity" in performing the duties and exercising the powers of the office of a city council member as contained and enumerated in the City Charter, Section 3.07, under the laws of the State of Texas, as this term is defined in the V.T.C.A. Civil Practices and Remedies Code, § 101.053(a), and under other applicable law. If the records contain confidential information, such as certified agendas or tape recordings of closed meetings, then the city council member will not be entitled to make a copy of the information. "Confidential information" means any information that a city council member is entitled to because of his official position but otherwise is not available to the public generally without an open records request pursuant to the provisions of the Texas Public Information Act (the "Act"), V.T.C.A. Government Code, ch. 552 and/or is not available to the public under the Act. Notwithstanding the foregoing, a city council member shall not:

(1) Use his or her position to obtain confidential information about any person or entity except in his or her official capacity;

(2) Disclose any confidential information gained through the city council member's office or position concerning property, operations, policies, personnel or affairs of the city;

(3) Use such confidential information to advance any economic interest or personal interest of the city council member or confer any benefit to the city council member, or their family member.

During an investigation conducted by the city council as authorized by the City Charter or any other investigation or proceeding regarding whether there has been a violation of the City Charter or code of ethics to any investigatory, administrative or judicial authority, city council members may receive or disclose confidential information.

In the event that a city council member requests to review, inspect or copy any confidential information, that request shall be made to the mayor, who shall place the issue on a city council agenda for discussion and/or action of the city council.

Under Section 3.07 of the City Charter, the city council may collectively investigate matters in their official capacity; other than this procedure a city council member may not individually conduct an investigation.

(Ord. No. 10-11-862, § 2(Exh. A), 11-15-2010; Ord. No. 12-03-908, § 2, 3-6-2012)