The state library and archives commission.
The appointed or elected public officer who by the state
constitution, state law, ordinance, or administrative policy is in
charge of an office that creates or receives local government records.
For the purpose of this article, a custodian is a department head,
under the administration of the city manager or the city council,
who is responsible for all records in his or her department
The executive and administrative officer of the state library
and archives commission.
Any local government record necessary to the resumption or
continuation of government operations in an emergency or disaster,
to the re-creation of the legal and financial status of the city,
or to the protection and fulfillment of obligations to the people
of the state.
The city council.
Any document, paper, letter, book, map, photograph, sound
or video recording, microfilm, magnetic tape, electronic medium, or
other information recording medium, 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
city government offices or any of its officers or employees pursuant
to law, including an ordinance, or in the transaction of public business
is hereby declared to be a record of the city, and shall be created,
maintained, and disposed of in accordance with the provisions of this
article and the provisions of the Texas Local Government Records Act.
The term does not include:
Extra identical copies of documents created only for convenience
of reference or research by officers or employees of the city;
Notes, journals, diaries, and similar documents created by an
officer or employee of the city for the employee’s personal
convenience;
Blank forms;
Stocks of publications;
Library and museum materials acquired solely for the purposes
of reference or display; or
Copies of documents in any media furnished to members of the
public in which they are entitled under V.T.C.A., Government Code,
chapter 552, or other state law.
Any records, correspondence, notes, memoranda, or documents,
other than a final written agreement described by section 2009.054(c),
Government Code, associated with a matter conducted under an alternative
dispute resolution procedure in which personnel of a state department
or institution, local government, special district, or other political
subdivision of the state participated as a party, facilitated as an
impartial third party, or facilitated as the administrator of a dispute
resolution system or organization.
Any office, department, division, program, commission, bureau,
board, committee, or similar entity of the city.
A record of permanent value. Any local government record
for which the retention period on a records retention schedule issued
by the commission is given as permanent.
A record of the city.
A document prepared by or under the authority of a records
management officer listing the records maintained by the city, their
retention periods, and other records disposition information that
the records management program in the city or state law may require.
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.
A document issued by the commission establishing mandatory
retention periods for local government records.
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.
(1990 Code, sec. 1.1401; Ordinance
adopting Code)
The office of city secretary is authorized to establish and
administer the records management program for the city pursuant to
legal, fiscal, administrative, and archival requirements, and the
city secretary or his or her designee is hereby named records management
officer. To this end, the city secretary will implement, but not be
limited to, a program to encompass such areas of records management
as are required to preserve and keep in order all books, papers, documents,
records and files of the city council and of the executive departments
to achieve the following goals:
(1)
Release
space and reduce the need for storage and filing equipment;
(2)
Establish
an efficient retrieval operation for both active and inactive municipal
records;
(3)
Provide
for routine disposition of paperwork;
(4)
Maintain
total security over municipal records;
(5)
Communicate
the need of an effective records management program; and
(6)
Secure
a central records storage facility which can be operated and maintained
by records management staff.
(1990 Code, sec. 1.1402)
(a)
This
article shall be known and may be cited as the “records management
program of the City of Greenville, Texas,” providing for the
proper and efficient management of the municipal records of the city.
(b)
Since
the citizens of the city have a right to expect efficient and cost-effective
government and recognizing the importance of local government records
in the lives of all citizens, the efficient management of city records
is necessary to the effective and economic operation of the city;
the preservation of records of permanent value is necessary to provide
the people of the state with resources concerning their history and
to document their rights of citizenship and property; and the establishment
of uniform standards and procedures for the maintenance, preservation,
microfilming, or other disposition of city records is necessary to
fulfill the higher public purpose.
(1990 Code, sec. 1.1403)
All city records as defined in section 1.04.001 herein are hereby declared to be property of the city. No city 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 is prohibited.
(1990 Code, sec. 1.1404)
It is hereby declared to be the policy of the city to provide
for efficient, economical, and effective controls 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.
(1990 Code, sec. 1.1405)
The records management officer shall have the following duties,
and others as assigned by the city council and as provided by state
law:
(1)
Assist
in establishing and developing policies and procedures for a records
management program for the city, which program shall include basic
files management and records disposition policies, systems, standards
and procedures;
(2)
Administer
the records management program and provide assistance to custodians
for the purposes of reducing the costs and improving the efficiency
of recordkeeping;
(3)
In
cooperation with the custodians of the records:
(A)
Prepare and file with the director and librarian the records control
schedules and the list of obsolete records, required by the Local
Government Records Act;
(B)
Prepare and file with the director and librarian amended schedules
as needed to reflect new records created or received by the city;
(C)
Prepare or direct the preparation of requests for authorization to
destroy records not on an approved control schedule as provided by
the Local Government Records Act, of requests to destroy the originals
of permanent records that have been microfilmed, and of electronic
storage authorization requests;
(4)
In
cooperation with custodians, identify and take adequate steps to preserve
city records that are of permanent value;
(5)
In
cooperation with custodians, identify and take adequate steps to protect
essential city records;
(6)
In
cooperation with custodians, ensure the maintenance, preservation,
microfilming, destruction of records is carried out in accordance
with the policies and procedures of the city’s records management
program and requirements of state law;
(7)
Provide
records management advice and assistance to all city offices and departments,
by preparation of manuals of procedure and policies and by on-site
consultation;
(8)
Carry
out destruction and transfers that are required by records schedules,
and carry out microphotography tasks when staff and central facility
become available;
(9)
Design
and manage the operations of a records center for the low cost storage
of inactive records and as a future site for a centralized micrographics
program;
(10)
Develop a citywide forms design and control system;
(11)
Establish in cooperation with other responsible city officials a
disaster plan for each city office and department to insure maximum
availability of records for reestablishing operations quickly and
with minimum disruption and expense;
(12)
Bring to the attention of the city manager any office not in compliance
with laws or ordinances regarding public access to information or
protection of privacy;
(13)
Disseminate to the city council and custodians information concerning
state laws, administrative rules, and the policies of the city relating
to local government records through a records manual which may be
amended from time to time and other means of communication; and
(14)
In cooperation with custodians, establish procedures to ensure that
the handling of records in any context of the records management program
by the records management officer or those under the officer’s
authority is carried out with due regard for the duties and responsibilities
of custodians that may be imposed by law and the confidentiality of
information in records to which access is restricted by law.
(1990 Code, sec. 1.1406; Ordinance
adopting Code)
The city council shall:
(1)
Establish,
promote, and support an active and continuing program for the efficient
and economical management of all city records;
(2)
Cause
policies and procedures to be developed for the administration of
the program under the direction of the records management officer;
(3)
Facilitate
the creation and maintenance of city records containing adequate and
proper documentation of the organization, functions, policies, decisions,
procedures, and essential transactions of the city and designed to
furnish the information necessary to protect the legal and financial
rights of the city, the state, and persons affected by the activities
of the city government;
(4)
Facilitate
the identification and preservation of city records that are of permanent
value;
(5)
Facilitate
the identification and protection of essential city records;
(6)
Cooperate
with the commission in its conduct of statewide records management
surveys; and
(7)
Review
of a records control schedule or amended schedule by the officers
of the city as it considers necessary.
(1990 Code, sec. 1.1407)
(a)
Custodians
of records in the city shall:
(1)
Cooperate with the records management officer in carrying out the
policies and procedures established by the local government for the
efficient and economical management of records and in carrying out
requirements under the Local Government Records Act;
(2)
Adequately document the transaction of city business and the services,
programs, and duties for which the custodian and the custodian’s
staff are responsible;
(3)
Maintain the records in the custodian’s care and carry out
their preservation, microfilming, destruction, or other disposition
only in accordance with the policies and procedures of the city’s
records management program and the requirements of the Local Government
Records Act and rules adopted thereunder; and
(4)
Designate records officers within their offices and provide the records
management officer the names of the designees and all persons working
under their supervision, such records officers to report directly
to the custodian in their department on matters relating to the records
management program and have full access to all files in their respective
departments.
(b)
State
law relating to the duties, other responsibilities, or recordkeeping
requirements of a custodian of local government records does not exempt
the custodian or the records in the custodian’s care from the
application of this article and rules adopted by the state under the
Local Government Records Act of 1989 and may not be used by the custodian
as a basis for refusal to participate in the city records management
program, the establishment of which is required by state law.
(1990 Code, sec. 1.1408)
(a)
For
the benefit of this section, “microfilm” means roll microfilm,
microfiche, and all other formats produced by any method of microphotography
or other means of miniaturization on film. For the benefit of this
section, “microfilming” means the methods, procedures,
and processes used to produce roll microfilm, microfiche, or other
microphotographic formats.
(b)
All
microfilming activities by custodians must be carried out on or after
April 1, 1990, under rules established by the commission, which rules
will establish standards and procedures for the microfilming of city
records under chapter 204 of the Local Government Records Act. All
microfilm produced before June 1, 1990, under law prior to the act,
is validated to the extent the microfilm was produced in the manner
and according to the standards prescribed by prior law.
(c)
All
city procedures and materials used for microfilm and microfilming
city records shall be done and acquired under the aegis of state law,
and the city will be subject to all the law, rules, standards and
procedures as outlined in the Local Government Records Act.
(1990 Code, sec. 1.1409)
(a)
For
the purpose of this section, “electronic storage” means
the maintenance of local government record data in the form of digital
electronic signals on a computer hard disk, magnetic tape, optical
disk, or similar machine-readable medium. For the purpose of this
section, “source document” means the local government
record from which local government record data are obtained for electronic
storage. The term does not include backup copies of the data in any
media generated from electronic storage.
(b)
Any
city record data may be stored electronically in addition to or instead
of source documents in paper or other media, subject to the requirements
of the Local Government Records Act and rules adopted under it.
(c)
The
city will be subject to rules established by the commission for standards
and procedures for electronic storage and will be subject to the provisions
of chapter 205 of the Local Government Records Act.
(1990 Code, sec. 1.1410)
