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:
Department head.
The officer who by ordinance or administrative policy is in charge of an office of the city that creates or receives records.
Digital.
When used in reference to a record, means the record is maintained in an electronic data format that requires an electronic device to create, store, access, retrieve, or read the record.
Essential record.
Any record of the city necessary to the resumption or continuation of its operations in an emergency or disaster, to the re-creation of its legal and financial status, or the protection and fulfillment of obligations to the people of the state.
Municipal records.
All documents, papers, letters, books, maps, photographs, sound or video recordings, magnetic tape, electronic media, or other information-recording media, regardless of physical form or characteristic and regardless of whether public access to them is open or restricted under the laws of the state, created or received by the 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 city and shall be created, maintained, and disposed of under the provisions of this article or procedures authorized by it and in no other manner.
Permanent record.
Any record of the city for which the retention period on a records control schedule is given as permanent.
Physical.
When used in reference to a record, means that the record is maintained in a tangible form, such as paper, photographic film, analog tape, or a similar medium.
Record.
A local government record of the city and includes a digital record and a physical record.
Records control schedule.
A document prepared by or under the records management officer’s authority listing the records maintained by the city, their retention periods, and other records disposition information that the records management program may require.
Records management.
The application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records to reduce the costs and improve the efficiency of recordkeeping. The term records management 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 electronic and other records storage systems (i.e. Laserfiche).
Records management officer.
The person designated in section 1.04.004.
Records management plan.
The plan developed under section 1.04.005.
Retention period.
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.
(1993 Code, sec. 39.01; 2006 Code, sec. 2-401; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
All municipal records are hereby declared to be the property of the 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 is prohibited.
(1993 Code, sec. 39.02; 2006 Code, sec. 2-402; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
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 municipal records, including all digital records and all physical records, through a comprehensive system of integrated procedures for the management of records from their creation to ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice.
(1993 Code, sec. 39.03; 2006 Code, sec. 2-403; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
The city secretary, and the successive holders of said office, shall serve as records management officer for the 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 state library within 30 days of the initial designation or of taking up the office, as applicable.
(1993 Code, sec. 39.04; 2006 Code, sec. 2-404; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
(a) 
The records management officer shall develop a records management plan for the city for submission to the city council. The records management 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 records management plan must be designed to enable the records management officer to carry out his or her duties prescribed by state law and this article effectively.
(b) 
Once approved by the city, the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the city and records shall be created, maintained, stored, scanned, or disposed of in accordance with the plan.
(c) 
State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head does not exempt the department head or the records in the department head’s care from the application of this article 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 city.
(1993 Code, sec. 39.05; 2006 Code, sec. 2-405; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
In addition to other duties assigned in this article, the records management officer shall:
(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 city;
(7) 
Monitor records retention schedules and administrative rules issued by the 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;
(8) 
Disseminate to the city council and department heads information concerning state laws and administrative rules relating to local government records;
(9) 
Ensure that the maintenance, preservation, scanning, destruction, or other disposition of the records of the city is carried out in accordance with the policies and procedures of the records management program and the requirements of state law;
(10) 
Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records scanned or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition;
(11) 
Report annually to the city council on the implementation of the records management plan in each department of the city, including summaries of the statistical and fiscal data compiled under subsection (10) of this section; and
(12) 
Bring to the attention of the city council noncompliance by department heads or other municipal personnel with the policies and procedures of the records management program or the Local Government Records Act.
(1993 Code, sec. 39.06; 2006 Code, sec. 2-406; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
In addition to other duties assigned in this article, department heads shall:
(1) 
Cooperate with the records management officer in carrying out the policies and procedures established in the city for the efficient and economical management of records and in carrying out the requirements of this article;
(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, scanning, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the city and the requirements of this article.
(1993 Code, sec. 39.07; 2006 Code, sec. 2-407; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
(a) 
Appropriate records control schedules issued by the Texas State Library and Archives Commission shall be adopted by the records management officer for use in the city, as provided by law. The records management officer shall prepare amendments to the schedules as needed to reflect new records created or received by this office, or revisions to retention periods established in a records retention schedule issued by the commission. Any destruction of records of the city will be in accordance with these schedules and the Local Government Records Act.
(b) 
The records management officer, in cooperation with department heads, shall prepare records control schedules on a department-by-department basis listing all records series created or received by the department and the retention period for each series. Records control schedules shall also contain such other information regarding the disposition of municipal records as the records management plan may require.
(c) 
Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis (at least every other year) 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 city.
(d) 
Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head and the city council.
(e) 
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.
(1993 Code, sec. 39.08; 2006 Code, sec. 2-408; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
(a) 
A records control schedule for a department that has been approved and adopted under section 1.04.008 shall be implemented by department heads 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, or the department head requests in writing to the records management officer that the record 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 city.
(1993 Code, sec. 39.09; 2006 Code, sec. 2-409; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)
In the event the city or a department is implicated in a court action, any records which may be involved must be retained and safeguarded from destruction or tampering regardless of the retention period specified in the city/department’s retention/disposition schedule.
(Ordinance 21-05-1206 adopted 5/4/21)
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.
(1993 Code, sec. 39.10; 2006 Code, sec. 2-410; Ordinance 331 adopted 10/7/91; Ordinance 21-05-1206 adopted 5/4/21)