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.
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(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
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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.
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(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;
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(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.
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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.
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(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.
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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