2006-140
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S:\OUf Documents\Ordinanccs\06\Improper Disclosure of Confidential Information-6.doc
ORDINANCE NO. :!.,OaJ-/40
,
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON BY ADDING SECTION 2-30 "IMPROPER DISCLOSURE OF
CONFIDENTIAL INFORMATION"; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
FNE HUNDRED DOLLARS ($500.00); PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTNE DATE.
WHEREAS, the City Council Ethics Committee recommends that an ordinance be approved
making it unlawful to disclose confidential government information; and
WHEREAS, the City Council hereby finds that this ordinance is in the public interest; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~FrTTnN 1 The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
~FrTlnN ), Chapter 2, Article I of the Code of Ordinances of Denton, Texas is hereby
amended by adding Section 2-30 to read as follows: "
Sec. 2-30. Improper Disclosure of Confidential Information.
(a) A city official, including a city council member or a board or cornmlSSlOn
member, or city employee shall not intentionally or knowingly disclose any confidential
government information gained by reason of the official's or employee's position.
(b) Confidential government information is defined as:
(I) All information held by the city deemed confidential by law and clearly
marked as confidential;
(2) Any information from a meeting closed to the public pursuant to the Texas
Open Meetings Act; and
(3) Any information protected by attorney-client, attorney work product, or
other applicable legal privilege.
(c) It is an affirmative defense to prosecution or disciplinary action if the city official
or city employee establishes that:
(I) The information being disclosed IS no longer confidential government
information;
S:\Our Documents\Ordinances\06\lmpropcr Disclosure of Confidential Information-6.dac
(2) The information disclosed from a meeting closed to the public pursuant to
the Texas Open Meetings Act is public information under the Texas Public
Information Act, so long as the city official or city employee does not
reveal that it was discussed in a closed meeting;
(3) The disclosure of information from a meeting closed to the public pursuant
to the Texas Open Meetings Act is between a city employee and/or city
official, but only to the extent necessary to implement city policy or city
directive;
(4) The disclosure is a confidential reporting of illegal or unethical conduct to
authorities designated by law; or
(5) The disclosure is in furtherance of public safety, and IS not otherwise
prohibited by law.
(d) A violation of this section is a Class C misdemeanor punishable in Municipal
Court by a fine not to exceed $500.
(e) In addition to the criminal penalty provided in (c) above:
(I) An employee who violates this section is subject to disciplinary action by
the city manager, up to and including dismissal.
(2) A city official, including a board or commission member, but excluding a
city council member, who violates this section is subject to disciplinary
action by the city council, up to and including removal.
(3) A city council member who violates this section is subject to a public
reprimand by the City Council.
~FrTTnN " If any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
~FrTTnN 4, This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (10) days of the date of its passage.
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PASSED AND APPROVED this the /6 iltday of
VlZar-
~AcL
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
"y\,,~~~ \JnHTw
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
/
BY:
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