All documents, papers, letter, books, maps, photographs, sound
or video recordings, microfilm, magnetic tape, electric media, or
other information 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 in accordance with the provisions of this article
or procedures authorized by it and in no other manner.
(Ordinance 09-001, sec. 1, adopted 2/10/09)
Department head.
The officer who by ordinance or administrative policy is
in charge of an office of the city that creates or receives records.
Essential record.
Any record of the city necessary to the resumption or continuation
of its operations in an emergency or disaster, to the recording of
its legal and financial status, or to the protection and fulfillment
of obligations to the people of the state.
Permanent record.
Any record of the city for which the retention period on
a record control schedule is given as permanent.
Record control schedule.
A document prepared by or under the authority of the records
management officer, 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
for the purposes of reducing the cost and improving the efficiency
of recordkeeping. The term includes the development of a record control
schedule, the management of filing and information retrieval systems,
the protection of essential and permanent records, 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 record storage systems.
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.
(Ordinance 09-001, sec. 2, adopted 2/10/09)
All municipal records as defined in section
1.07.001 of this article 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.
(Ordinance 09-001, sec. 3, adopted 2/10/09)
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 through a comprehensive system of integrated procedures
for the management, from creation to ultimate disposition, consistent
with the requirements of the Texas Local Government Records Act and
accepted records management practice.
(Ordinance 09-001, sec. 4, adopted 2/10/09)
The city secretary and the successive holders of said office
shall serve as the 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
thirty (30) days of the initial designation or of taking up the office,
as applicable.
(Ordinance 09-001, sec. 5, adopted 2/10/09)
(a) The
records management officer shall develop a records management plan
for the city for submission to the city council. The plan must contain
policies and procedures designed to reduce the cost and approve 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 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 council, 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, microfilmed, or disposed of
in accordance with the plan.
(c) State
law related to the duties, other responsibilities, or recordkeeping
requirements of a department head do 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.
(Ordinance 09-001, sec. 6, adopted 2/10/09)
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 the 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 records keeping
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, microfilming, destruction, or
other disposition of the records of the city are 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 microfilmed or stored electronically,
and the estimated cost and space savings as a result of such disposal
or disposition;
(11) Report annually to the city council on the implementation of the
records management plan and each department of the city, including
summaries of statistical and fiscal data; and
(12) Bring to the attention of the city council noncompliance by the department
heads or other municipal personnel with the policies and procedures
of the Records Management Program or by the Local Government Records
Act.
(Ordinance 09-001, sec. 7, adopted 2/10/09)