[Ord. No. 021610 §1, 2-16-2010]
The program shall be administered under the provisions set forth
in the "State and Local Records Law", Chapter 109, RSMo., 1986, as
amended; including the "Missouri Municipal Records Manual" herewith
adopted as approved by the Missouri Local Records Board, January 1989
and as may be amended from time to time by the Missouri Local Records
Board.
[Ord. No. 021610 §2, 2-16-2010]
For the purpose of this Chapter, the following words and terms
shall have the meanings respectively ascribed:
COUNSEL
The City Attorney for City of Peculiar.
INACTIVE RECORDS
Those records no longer required in active office areas but
which require further retention due to legal, operating or historical
reasons.
PUBLIC RECORD
Any document, book, paper, photograph, map, sound recording
or other material, regardless of physical form or characteristics,
made or received pursuant to law or ordinance or in connection with
the transaction of official business by any officer or employee of
the City; however, "public record" shall not be construed to mean
those records which are deemed by law to be confidential or which
are prohibited from being inspected by the public or which shall hereinafter
be exempt from the provisions of this Article or from the provisions
of the "State and Local Records Law". Library and museum material
made or acquired and preserved solely for reference or exhibition
purposes, extra copies of documents preserved only for convenience
of reference and stocks of publications and of processed documents
are not included within this definition and are hereinafter designated
as "non-records" as defined within Section 109.210(5), RSMo., as amended.
[Ord. No. 021610 §3, 2-16-2010]
All public records shall be the property of the City; and in
this regard, such records shall be delivered by outgoing officials
and employees to their successors.
[Ord. No. 021610 §4, 2-16-2010]
It shall be the duty of each officer and employee of the City
to protect, store, transfer, destroy or otherwise dispose of, use
and manage public records only in accordance with applicable Federal,
State or local law.
[Ord. No. 021610 §5, 2-16-2010]
A. Custodian Of Records. It shall be the responsibility of
the custodian of records to administer the records management program
of the City. In this regard, the custodian of records shall:
1. Develop
and circulate such forms as may be necessary to implement and maintain
the records management program.
2. Make
available to all deputy custodians a copy of the "Missouri Municipal
Records Manual".
3. Approve
destruction schedules before disposition of public records and certify
same to the Board of Aldermen to be made a part of the journal.
B. Deputy Custodians. It shall be the responsibility of the
deputy custodians to establish and maintain an active, continuing
program for the economical and efficient management of the records
of their departments and to review established records retention schedules
at least annually to ensure that they are complete and current.
[Ord. No. 021610 §6, 2-16-2010]
The City Administrator, counsel and custodian of records shall
comprise a Records Review Board which shall review retention and destruction
schedules on records which are not enumerated in the "Missouri Municipal
Records Manual" and shall transmit recommendations to the State and
local records boards for their action. Further, the Records Review
Board shall perform such other duties as necessary to ensure compliance
with all applicable Federal, State and local regulations.
[Ord. No. 021610 §7, 2-16-2010]
The records classification and retention periods in the "Missouri
Municipal Records Manual" constitute legal authority for retention
and disposal of official records. No records can be destroyed until
they meet the minimum retention period listed in this manual. The
retention schedule does not prescribe the method of destruction (shredding,
burning, landfills, etc.), however, record series with a disposition
of "destroy securely" contain confidential data. These records should
be destroyed under the supervision of a competent person(s) designated
(or appointed) to ensure that no records fall into unauthorized hands
and that the data cannot be reconstructed.
[Ord. No. 021610 §8, 2-16-2010]
The Board of Aldermen has established records pertaining to
annexation by the City of Peculiar shall be made permanent.
[Ord. No. 021610 §9, 2-16-2010]
The disposition of records should be recorded in a document
such as the minutes of the City Council or other legally constituted
authority that has permanent record status. The record should include
the description and quantity of each record series disposed of, manner
of destruction, inclusive dates covered and the date on which destruction
was accomplished.