All papers, correspondence, memoranda, accounts, reports, maps,
plans, photographs, sound and video recordings, files, microform,
magnetic or paper tape, punch cards, or other documents, regardless
of physical form or characteristic, which have been or shall be created,
received, filed, or recorded by any city [office] or department or
its lawful successor, or officials thereof, in pursuance of law or
ordinance or in the conduct, transaction, or performance of any business,
duty, or function of public business, whether or not confidential
or restricted in use, are hereby declared to be records of the city,
and shall be created, maintained, and disposed of in accordance with
the provisions of this article or procedures authorized by it and
in no other manner. Library and museum materials acquired solely for
reference, exhibit, or display and stocks of publications shall not
constitute records for purposes of this article.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-176)
All city records as defined in section
2.06.001 of this article 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.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-177)
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.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-178)
The city clerk, as official record keeper of the city, having
heretofore been designated records manager by Resolution No. 89-144,
is the officer who will administer the records management system for
the city. The city manager is responsible for directing the city clerk
and coordinating records management operations among the city offices
and departments.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-179)
The city clerk is designated records manager of the city, with
the rank of department head, who shall administer the records management
system and shall be responsible for city-wide files management and
the direction and control of the city’s records disposition
program. The city clerk shall report to and be responsible to the
city manager in the same manner as other department heads.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-180)
The records manager shall have the following duties, and others
as assigned by the city manager:
(1) Coordinate
the city-wide files management and records disposition programs;
(2) Provide
records management advice and assistance to all city offices and departments
by preparation of procedures and policies and by on-site consultation;
(3) Develop,
disseminate, and coordinate files maintenance and records disposition
procedures, including, but no limited to, those prescribed by the
laws of the state;
(4) Train
departmental records officers and other personnel in the fundamentals
of records management and their duties in the records management program;
(5) Design
and manage the operations of a records center for the low-cost storage
of application of records schedules within the office or department.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-181; Ordinance adopting 2021 Code)
All city office and 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 officers within their offices and provide
the records manager the names of such designees and of all file stations
and files custodians under their supervision. Persons designated as
records officers shall report directly to the head of their department
on matters relating to the records management program and should have
full access to all files in their department.
(Ordinance 91-035, sec. 1, adopted 7/15/91; 1988 Code, sec. 2-182)
The records officer in each office and department is responsible
for providing coordination between the records manager and personnel
in his or her office to ensure that provisions of this article are
complied with. This responsibility shall include overseeing the application
of records schedules within the office or department.
(Ordinance 91-035, sec. 1, adopted 7/15/91; 1988 Code, sec. 2-183)
All city offices and departments shall comply with minimum requirements
established on records retention schedules issued by the state library
and archives commission.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-184)
(a) The
city shall comply with the minimum requirements established by the
state library and archives commission, as amended.
(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 city.
(c) Before
its adoption a records control schedule or amended schedule for a
department must be approved by the department head, the city attorney,
and the director of finance.
(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 record management officer shall
submit the records control schedules to the director and librarian.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-185)
(a) The
records control schedule established by the state library and archives
commission, as amended, shall be implemented by department heads and
records liaison officers according to minimum requirements.
(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
lawsuit, or the department head requests in writing to the records
management committee 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 from the records
management officer.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-186)
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 records manager. Prior to
such destruction the records manager shall submit lists of records
to be destroyed to the city finance officer and the city attorney,
who shall give notice within ten (10) working days of any records
they believe should not be destroyed, and such records shall be retained
for a period suggested by either. The records manager 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.
(Ordinance 91-035, sec. 1, adopted 7/15/91; 1988 Code, sec. 2-187)
The records center operation shall utilize one (1) or more buildings
to store inactive records; to insure the security of such records
from deterioration, theft, or damage during the period of storage;
to permit fast, efficient retrieval of information from stored records;
and to provide facilities for a centralized micrographics program.
The records manager shall designate and appropriately mark such centers
and ensure that each appropriately protects the records stored therein.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-188)
The records manager shall develop procedures to ensure the permanent
preservation of the historically valuable records of the city. The
records manager shall provide housing under archival conditions for
such records in the records center or in another municipal facilities
and in such manner that the records, unless their use is restricted
by law or regulation, are open to the public for research purposes.
If city-owned facilities are not available the records manager shall
arrange for the transfer of the records to the state library for perpetual
care and preservation in one of its nearby regional historical resource
depositories or shall make other arrangements for their permanent
preservation not contrary to law or regulation. In no circumstances
shall the permanent records of the city be transferred to private
individuals, to private historical societies or museums, or to private
colleges or universities.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-189)
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 or 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.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-190)
A centralized micrographics program shall be designed and implemented
by the records manager to serve all city offices and departments.
No office or department shall operate a separate micrographics programs,
and no city funds may be expended to film, or to contract with a service
company to film, any city records, except through the records management
system.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-191)
The records manager shall determine how long the various records
of the city could be stored before the cost of storage during their
retention periods would exceed the cost of preserving them in microform.
In making this determination, the records manager shall compare long-term
lease of low-cost storage facilities, in addition to or in place of
any records storage building operated by the city, with the cost of
microphotography. In calculating comparative costs, the records manager
shall consider document preparation and refiling time of staff, and
other indirect costs of micrographics, as well as the cost of separate
archival storage for master negatives of microform. Records determined
to be more economically stored on microform shall be microphotographed
and, in addition, the records manager shall include the following
types of records in the micrographics program:
(1) Those
which the records manager determines are of historical value and whose
preservation is best insured by microphotographing the records on
archival quality film.
(2) Those
which, because of the nature of the information they contain, are
indispensable to the continued operations of an office and, therefore,
should be microphotographed to provide a security copy.
(3) Those
which, because of high volume use, require frequent and/or large numbers
of copies to be made which could be made most efficiently or economically
through microfilm.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-192)
Unless a micrographics program in a department is specifically
exempted by order of the city, all microfilming of records will be
centralized and under the direct supervision of the records management
officer. The records management plan will establish policies and procedures
for the microfilming of city 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 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.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-193)
The following departments will be exempt from centralized microfilming:
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-194)
The public is hereby given identical access to records on microform
to which they would be entitled under law if the records were in any
other medium.
(Ordinance 91-035, sec. 1, adopted 7/15/91; Ordinance 99-010, sec. 1, adopted 2/8/99; 1988
Code, sec. 2-195)