A public records ordinance proposed by city leaders has several El Pasoans concerned that public information regarding municipal business will be censored and retained rather than helping create more transparency.

The city is set to discuss the ordinance on Tuesday.

City leaders who proposed the ordinance have said it was intended to determine the difference between private and public information.

"The whole goal of the ordinance was to clarify what procedures we should take if we're using home computers for example and private email addresses to conduct city business," said Mayor John Cook.

However, some city leaders blame the language and wording of the ordinance that for causing the concern.

"I believe people do have some legitimate concerns," said City Councilwoman Susie Byrd.

"This is to make it really clear to public officials and city employees that they are all to conduct all of their business related to the city on their cities email system so that it is easily available and accessible as a public document."

And when city business gets sent to their personal accounts they required under the ordinance to immediately turn it over to the city.

"My private email account and my communications with my family and my communications about my campaign activity, I feel, very strong that that should be private," said Byrd.

Councilman Eddie Holguin, who is not supporting the ordinance, said he didn't understand the need for the public records ordinance.

"I think the public has the right to know everything and anything that has to do with public business all of our city emails should be open to public scrutiny anything in our city business that's conducted in our personal email should be turned over to the city administrator," said Holguin.

According to El Paso Attorney Stephanie Townsend Allala, the ordinance is only a waste of taxpayer money sparked after her request of all emails about the downtown ballpark deal on both city and personal email accounts.

"I asked for any communication about city business on their personal or cell phone or work email address. That's it," said Townsend Allala. "I don't need to know anything about their kids soccer games.

"That's exactly what brought it to light," said Mayor John Cook.

The city of El Paso is suing the attorney general to prevent records about the new downtown ballpark on personal email from being released.

"We're suing the attorney general to get some clarification on this issue and really trying to defend the right to privacy for everybody," said Bryd.

The Public Records Ordinance:  

• Uses the exact definitions of “public information” under Texas law
• Does not and cannot change the duties under the Public Information Act
• Recognizes that private information also exists on some personal devices that are possessed or controlled by public employees and officials
• Addresses the duties of officials and employees with custody of public information on their devices, as well as the duties of custodians who must obtain, evaluate and respond to PIA requests
• Requires individuals in possession of public information to forward or provide that information to the appropriate custodians
• Insures that public information will be available to requestors, or will be available to the City in the event that exceptions to disclosure exist, requiring the material to be provided to the Attorney General for a ruling
• Does not change the right of individuals to retain private information not covered by the act

The only issues remaining for debate are currently before the Texas appellate courts.  Those outcomes, once final on appeal, will control, and will not be revised or changed by this ordinance.