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HomeMy WebLinkAbout90-2852ORDINANCE NO. 90-2852 AN OF ORDINANCE OF THE CITY OF PLAINVIEW ESTABLISHING A RECORDS MANAGEMENT PROGP~%M FOR THE CITY OF PLAINVIEW, TEXAS, UNDER THE PROVISIONS OF THE LOCAL GOVE~4~TT RECORDS ACT; AND PROVIDING FOR SEVERABILITY WHEREAS, Title 6, Subtitle C, Local Government Code (Local Government Records Act) provides that a municipality must establish by ordinance an active and continuing records management program to be administered by a Records Management Officer; and WHEREAS, the City of Plainview, Texas, desires to adopt an ordinance for that purpose and to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping; NOW THEREFORE: BE IT ORDAINED BYTHE CITY OF PLAINVIEW, TEXAS SECTION 1. DEFINITION OF MUNICIPAL RECORDS. Ail documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by said City or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the said City and shall be created, maintained, and disposed of in accordance with the provisions of this ordinance or procedures authorized by it and in no other manner. SECTION 2. ADDITIONAL DEFINITIONS. (1) "Department head" means the officer who by ordinance, order, or administrative policy is in charge of an office of the said City that creates or receives records. (2) "Essential record" means any record of the said City necessary to the resumption or continuation of operations of the said City in an emergency or disaster, to the re-creation of the legal and financial status of the said City, or to the protection and fulfillment of obligations to the people of the state. (3) "Permanent record" means any record of the said City for which the retention period on a records control schedule is given as permanent. 1 of 8 (4) "Records control schedule" means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the said City, their retention periods, and other records disposition information that the records management program may require. (5) "Records management" means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, the economical and sPace-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. (6) "Records liaison officers" means designated under Section 10 of this ordinance. the persons (7) "Records management committee" means the committee established in Section 6 of this ordinance. (8) "Records management officer" designated in Section 5 of this ordinance. means the person (9) "Records management plan" means the plan developed under Section 7 of this ordinance. (10) "Retention period" means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. (11) "Director and librarian" means the executive and administrative officer of the Texas State Library and Archives Commission. SECTION 3. MUNICIPAL RECORDS DE'CLARR~ PUBLIC PROPEI~"Z. Ail municipal records as defined in Sec. 1 of this ordinance are hereby declared to be the property of the said City. No municipal official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthoriZed destruction, removal from files, or use of such records if prohibited. SECTION 4. ¥OLICT. It is hereby declared to be the policy of the said City to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal 2 of 8 records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. SECTION 5. DESI~ATION OF RECORDS MANAG~OFFICER. The City Secretary, and the successive holders of said office, shall serve as Records Management Officer for the said City. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty days of the initial designation or of taking up the office, as applicable. SECTION 6. ESTABLIS~W~.NT OF RECORDS MANAGEMENT COMMITTEE; DUTIES. A Records Management Committee consisting of the Records Management Officer as chairman, and Deputy Chief of Police, Deputy City Secretary, Clerk of the Municipal Court, Director of Finance, and the Library Director, as members, is hereby established. The committee shall: (a) assist the Records Management Officer in the development of policies and procedures governing the records management program; (b) review the performance of the program on a regular basis and propose changes and improvements if needed; (c) review and approve records control schedules submitted by the Records Management Officer; (d) give final approval to the destruction of records in accordance with approved records control schedules; and (e) actively support and promote the records management program throughout the said City. SECTION 7. RECORDS MANAGENF. NT PLAN TO BE DEVELOPS; APPROVAL OF PLAN; AUTHORITY OF PLAN. (a) The Records Management Officer and the Records Management Committee shall develop a records management plan for the said City for submission the City Council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the Records Management Officer to carry out his or her duties prescribed by state law and this ordinance effectively. 3 of 8 (b) Once approved by the City Council the records management plan shall be binding on all offices, departments, division, programs, commissions, bureaus, boards, committees, or similar entities of the said City and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department bead's care from the application of this ordinance and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the said City. SECTION 8. DUTIES OF RECORDS MANAG~ OFFICER. to other duties assigned in this ordinance, Management Officer shall: In addition the Records (1) administer the records management program and provide assistance to department heads in its implementation; (2) plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) in cooperation with department heads identify essential records and establish a disaster plan for each municipal office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense; (4) develop procedures to ensure the permanent preservation of the historically valuable records of the 'City; (5) establish standards for filing and storage equipment and for recordkeeping supplies; (6) study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the said City; (7) provide records management advice and assistance to all municipal departments by preparation of a manual or manuals of procedure and policy and by on-site consultation; (8) monitor records retention schedules and administrative rules issued by the Texas State Library and Archives Commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations; 4 of 8 (9) disseminate to the Mayor, City Council, City Manager and department heads information concerning state laws and administrative rules relating to local government records; (10) instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) direct Records Liaison Officers or other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this ordinance; (12) ensure that the maintenance, preservation, microfilming, destruction, or other disposition of municipal records is carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (13) maintain records on the volume of records destroyed under approved records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; (14) report annually to the Mayor, City Council and City Manager on the implementation of the records management plan in each department of the Said City, including summaries of the statistical and fiscal data compiled under Subsection 13); and (15) bring to the attention of the City Manager non-compliance by department heads or other municipal personnel with the policies and procedures of the records management program or the Local Government Records Act. SECTION 9. DUTIES AND RESPONSIBILITIES OF DEPAR~ HEADS. In addition to other duties assigned in this ordinance, department heads shall: (1) cooperate with the Records Management Officer in carrying out the policies and procedures established in the said City for the efficient and economical management of records and in carrying out the requirements of this ordinance.; (2) adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and (3) maintain the records in his or her care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the said City and the requirements of this ordinance. 5 of 8 SECTION 10. DESIGNATION OF RECORDS LIAISON OFFICE~S. Each department head shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the records management program in the department. If the Records Management Officer determines that in the best interests of the records management program more than one Records Liaison Officer should be designated for a department, the department head shall designate the number of Records Liaison Officers specified by the Records Management Officer. Persons designated as Records Liaison Officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the said City maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as Records Liaison Officer for his or her department. SECTION 11. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS. In addition to other duties assigned in this ordinance, Records Liaison Officers shall: (a) conduct or supervise the conduct of inventories of the recOrds of the department in preparation for the development of records control schedules; (b) in cooperation with the Records Management Officer coordinate and implement the policies and procedures of the records management program in their departments; and (c) disseminate information to department staff concerning the records management program. SECTION 12. RECORDS CONTROL APPROVAL; FILING WITH STATE. SCHEDULES TO BE DEVELOPED; (a) The Records Management Officer, in cooperation with department heads and Records Liaison Officers, shall prepare records control schedules on a department by department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of municipal records as the records management plan may require. (b) Each records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the records management program of the said City. 6 of 8 (c) Before its adoption a records control schedule or amended schedule for a department must be approved by the department head and the Records Management Committee. (d) Before its adoption a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the records control schedules to the director and librarian of the Texas State Library. SECTION 13. IMPLEMENTATION OF RECORDS DESTRUCTION OFRECORDSUNDE~SCHEDULE- CONTROL SCHEDULES; (a) A records control schedule for a department that has been approved and adopted under Section 7 shall be implemented by department heads and Records Liaison Officers according to the policies and procedures of the records management plan. (b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or the department head requests in writing to the Records Management Committee that the records be retained for an additional period. (c) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer from the Records Management Committee. SECTION 14. DESTRUCTION OF UNSCHEDULED RECOItDS. A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the Records Management Officer has submitted to and received back from the director and librarian an approved destruction authorization request. SECTION 15. RECORDS CENTER. A records center, developed pursuant to the plan required by Section 7, shall be under the direct control and supervision of the Records Management Officer, PolicieS and procedures regulating the operations and use of the records center shall be contained in the records management plan developed under Section 7. SECTION 16. MICROGRAPHICS. Unless a micrographics program in a department is specifically exempted by order of the City Council, all microfilming of records will be centralized and under the direct supervision of the Records Management Officer. 7 of 8 The records management plan will establish policies and procedures for the microfilming of municipal records, including policies to ensure that all microfilming is done in accordance with standards and procedures for the microfilming of local government records established in rules of the Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of records for microfilming and protocols for ensuring that a microfilming program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the records management officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules. SECTION 17. SEVERABILITY. If any section, paragraph, clause or provision of this ordinance shall, for any reason, be adjudged invalid or held to be unconstitutional, the invalidity or unconstitutionality of such particular section, paragraph, clause or provision shall not affect the validity or constitutionality of the remaining provisions hereof, but the same and each of them shall remain in full force and effect. This ordinance shall become effective upon final passage as provided by law. PASS AND APPROVED this the 8th day of January, 1991. ATTEST: .... Lihda'~HUddleston~ City Secretary CITY OF PLAINVIEW, TEXAS E. V. Ridlehuber, Mayor