This article shall be known and be cited as the records and
information management ordinance for the city. It is hereby declared
to be the policy of the city to develop a records and information
management program that provides for efficient, economical, and effective
control over the creation, distribution, organization, maintenance,
use and disposition of all city records through a comprehensive system
of integrated procedures for the management of records from their
creation to their ultimate disposition.
(1991 Code, sec. 2-121; Ordinance 90-436, sec. 1, adopted 6/14/90; 2007 Code, sec. 2-238)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a “local government record” as set forth
in V.T.C.A., Government Code section 441.151(8).
means the executive and administrative officer of the state
library and archives commission.
(1991 Code, sec. 2-122; Ordinance 90-436, sec. 2, adopted 6/14/90; 2007 Code, sec. 2-239)
All city records as defined in section 2.07.002 are hereby declared to be property of the city. No city officer or employee shall have, by virtue of his office or employment, any personal or property right to any such records even though he may have developed or compiled them. No person shall destroy, remove or use any city records except as authorized by law, this article or the policies and procedures of the city; provided, however, that no policy or procedure regarding use, removal or destruction of city records shall be adopted which conflicts with this article or applicable state or federal law; provided further that nothing contained herein shall be construed to authorize the disclosure of city records which are exempt from disclosure under state or federal law.
(1991 Code, sec. 2-123; Ordinance 90-436, sec. 3, adopted 6/14/90; 2007 Code, sec. 2-240)
There is hereby established a records and information management
program. The city secretary shall administer the records and information
management program and shall be responsible for city-wide files management.
In addition, the city secretary shall have direction and control of
the city’s records disposition program.
(1991 Code, sec. 2-124; Ordinance 90-436, sec. 4, adopted 6/14/90; 2007 Code, sec. 2-241)
The city secretary shall perform those duties provided in Texas
Local Government Code, chapter 203.
(1991 Code, sec. 2-125; Ordinance 90-436, sec. 5, adopted 6/14/90; 2007 Code, sec. 2-242; Ordinance
adopting 2022 Code)
All city department heads are responsible for the implementation
and operation of effective files operations, records transfers and
dispositions, and other activities in accordance with the provisions
of this article within their areas of responsibility. They shall designate
records coordinators within their offices and provide the city secretary
the names of such designees and of all file stations and file custodians
under their supervision. Persons designated as records coordinators
shall report directly to the head of their department on matters relating
to the records management program and should have appropriate access
to all files in their department.
(1991 Code, sec. 2-126; Ordinance 90-436, sec. 6, adopted 6/14/90; 2007 Code, sec. 2-243)
Each records coordinator shall coordinate the records management
program between the city secretary and personnel in the record coordinator’s
office to ensure that the provisions of this article are followed.
This responsibility shall include overseeing the application of records
schedules within the office or department.
(1991 Code, sec. 2-127; Ordinance 90-436, sec. 7, adopted 6/14/90; 2007 Code, sec. 2-244)
All city offices and departments shall adopt records retention
and disposition schedules and destroy, transfer or otherwise dispose
of records only according to such schedules.
(1991 Code, sec. 2-128; Ordinance 90-436, sec. 8, adopted 6/14/90; 2007 Code, sec. 2-245)
(a)
Initial
retention periods to be included in records schedules shall be established
by the city secretary, city manager and department heads. These retention
schedules shall be submitted for review to the city attorney, who
shall notify the city secretary within 15 days of the approval or
objection of any retention period. If no objection has been submitted
within the 15 days, the records schedule shall be adopted and have
full force as sufficient authorization for records destruction or
other action. If objection is made, the city secretary shall amend
the retention period to the satisfaction of the office or department
concerned, the city manager and the city attorney. Revision of retention
periods shall be submitted for review to the city attorney and the
city manager in the same manner as the original retention periods.
(b)
When
a records retention and disposition schedule is adopted, it shall
thenceforth constitute full authority to destroy, transfer, or take
other actions, and such actions shall be taken by the city secretary
or under his supervision. The city secretary shall notify the state
librarian of the intended destruction, as may be required by law,
but no further notice to the city council or other city office shall
be required.
(1991 Code, sec. 2-129; Ordinance 90-436, sec. 9, adopted 6/14/90; 2007 Code, sec. 2-246)
No original city records shall be destroyed if such destruction
is contrary to any state or federal law. Prior to the destruction
of any original city record, the city secretary shall obtain the advice
and consent of the city attorney. Any original city record, the subject
matter of which is in litigation, may not be destroyed until such
litigation is final.
(1991 Code, sec. 2-130; Ordinance 90-436, sec. 10, adopted 6/14/90; 2007 Code, sec. 2-247)
Prior to adoption of records schedules for an office, one-time
destruction of accumulated obsolete records of that office may be
made by or under the supervision of the city secretary. Prior to such
destruction the city secretary shall submit lists of records to be
destroyed to the department head, city attorney and city manager,
who shall give notice within 30 days of any records they believe should
not be destroyed, and such records shall be retained for a period
agreed upon. The city secretary shall also submit notice as required
by law to the state librarian. Obsolete records shall include those
no longer created by the office or department and no longer needed
for administrative, legal, fiscal or other research purposes.
(1991 Code, sec. 2-131; Ordinance 90-436, sec. 11, adopted 6/14/90; 2007 Code, sec. 2-248)
A records center shall be maintained by the city which shall
utilize one or more locations to store inactive records, to ensure
the security of such records from deterioration, theft or damage during
the period of storage, and to permit fast, efficient retrieval of
information from stored records.
(1991 Code, sec. 2-132; Ordinance 90-436, sec. 12, adopted 6/14/90; 2007 Code, sec. 2-249)
The city secretary shall develop procedures to ensure the permanent
preservation of historically valuable records of the city. If city-owned
facilities are not available, the city secretary shall arrange for
the transfer of such records to the state library for perpetual care
and preservation in one of its nearby regional historical depositories,
or shall make other arrangements for their permanent preservation
not contrary to law or regulation.
(1991 Code, sec. 2-133; Ordinance 90-436, sec. 13, adopted 6/14/90; 2007 Code, sec. 2-250)
Records no longer required in the conduct of current business
by any office of the city shall be promptly transferred to the records
center or archives of the state library, or be destroyed at the time
such action is designated on an approved records schedule. Such records
shall not be maintained in current office files or equipment.
(1991 Code, sec. 2-134; Ordinance 90-436, sec. 14, adopted 6/14/90; 2007 Code, sec. 2-251)
No records shall be destroyed until reviewed, considered and
approved by the city council.
(1991 Code, sec. 2-135; Ordinance 90-436, sec. 15, adopted 6/14/90; 2007 Code, sec. 2-252)
