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To amend City Code § 12-16, concerning publication of the City’s payment register, for the purpose of promoting transparency and accountability in the expenditure of public funds by providing public access to information regarding payments made by the City to vendors for goods and services and reimbursements to employees, while protecting confidential and personal information as required by law. (As Amended)
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THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That section 12-16 of the Code of the City of Richmond (2020) be and is hereby amended as follows:
Sec. 12-16. Publication of payment register.
(a) Purpose. The purpose of this section is to promote transparency and accountability in the expenditure of public funds by providing public access to information regarding [payments] transactions made by the City for goods and services, while protecting confidential and personal information as required by law.
(b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, unless the context clearly requires the application of a different meaning:
[Payment] Transaction means (i) a disbursement by the City to [any person] a vendor for [operating purposes] goods or services provided to the City pursuant to a contract, purchase order, procurement, grant agreement, or other authorized operational expenditure and (ii) reimbursements to employees for authorized expenses paid. The term [“payment”] [does] “transaction” shall not include [disbursements by the City to any employee of the City, a constitutional officer of the City, or any other entity for which the City manages accounts payable for personnel purposes except for reimbursement of expenses of an operating nature.]:
(1) Payments to City employees, excluding reimbursements;
(2) Payments to individuals receiving refunds or assistance payments;
(3) Tax refunds or tax-related payments;
(4) Payments made pursuant to legal settlements or claims;
(5) Payments protected under state or federal privacy laws; and
(6) Any payment that would disclose personally identifiable information protected by law.
Person means a person as defined by Code of Virginia, § 1-230.
Payment Register means a record, derived from the City’s financial records, of all [vendor payments] transactions with vendors and employee reimbursements during a month that states for each transaction with a vendor [or] and employee [payment] reimbursement the [following:] information identified in subsection (c).
Vendor means any person who provides goods and services to the City for operational purposes.
(c) Contents of the Payment Register. Subject to subsection (e) below, the payment register shall include for each [payee] transaction:
(1) The name of the [payee] vendor or employee being reimbursed.
(2) [The check number, wire number, or electronic funds transfer number.
(3) The date of the payment.
(4)] The check number, wire number, or electronic funds transfer number.
(3) The date of the transaction.
(4) The [total] amount of the transaction [payment].
[(5) The invoice description.
(6) The fund code.
(7)] [(3)] (5) The cost center.
[(8) The account code.
(9) The payment document used.
(10) The type of the disbursement.]
(6) The cost center description.
(7) The fund description.
(8) The account description.
(9) The account code.
(10) The type of disbursement.
[(4)] (11) The City Department [issuing] executing the [payment] transaction.
[(b)] (d) Publication required. The Director of Finance shall [cause to be published] publish, in a searchable electronic format, the payment register on the City’s website [a read-only, searchable version of each month’s register accessible to the general public beginning no later than the month beginning July 1, 2015. The Director of Finance shall cause each month’s register to be published on the City’s website at the time of the close of that month and shall maintain that month’s register on the City’s website for the period of time that the City is required to maintain that month’s register pursuant to the Virginia Public Records Act, Code of Virginia, §§ 42.01-76-42.1-90.1] on a monthly basis within a reasonable period, but no more than 60 days, following the close of the reporting period to allow for reconciliation and review. The published data shall reflect transactions as recorded at the time of reporting and may be subject to consequent adjustment through normal accounting processes. The Director of Finance may redact particular fields for particular [payments] transactions only if and to the extent required by law or permitted by the Virginia Freedom of Information Act, Code of Virginia, §§ 2.2-3700-2.2-3714, provided that nothing in this section shall require the Director of Finance to redact any of the information in the payment register simply because the Virginia Freedom of Information Act, Code of Virginia, §§ 2.2-3700-2.2-3714, so permits.
(e) Confidential and Exempt Information. Nothing in this section shall require the disclosure of information that is confidential or exempt from disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), the Government Data Collection and Dissemination Practices Act (§ 2.2-3800 et seq.), federal law, state law, or any other applicable privacy or confidentiality law. The payment register shall not include social security numbers, tax identification numbers, bank account numbers, personal addresses, medical information, personnel information, or any other information made confidential by law.
(f) Administration and Internal Controls. The Director of Finance shall establish procedures for the preparation, review, and publication of the payment register, including appropriate internal controls to ensure data accuracy, consistency, and compliance with applicable laws. Departments shall cooperate with the Department of Finance, as needed, to support accurate classification and reporting of expenditures. The Director of Finance, in consultation with the City Attorney, shall determine the appropriate application of exemptions and may withhold, redact, or aggregate information as necessary to ensure compliance with this Section and applicable law.
§ 2. That the payment register provided for by this ordinance shall be implemented within 90 days after the adoption of this ordinance. The Chief Administrative Officer shall confer with the Director of Finance as necessary to implement the payment register.
§ 3. This ordinance shall be in force and effect upon adoption.