The service charge for copying governmental and public records shall be as established from time to time.
(Ordinance 658, sec. II, adopted 2/24/15)
The purpose of this article is to establish the foundation for a comprehensive records and information management (RIM) program that applies to all municipal records created, received and maintained by the city without regard to location or media.
(Ordinance 585, sec. 1, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
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 the officer who by ordinance or administrative policy is in charge of an office of the city that creates or receives records.
means 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 to the protection and fulfillment of obligations to the people of the state.
The term “municipal record” means, per V.T.C.A., Local Government Code sec. 201.003, all documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, 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 in accordance with the provisions of this article or procedures authorized by it and in no other manner.
The term “municipal record” excludes:
Extra identical copies of documents created only for convenience of reference or research by officers or employees of the local government;
Notes, journals, diaries and similar documents created by an officer or employee of the local government for the officer’s or employee’s personal convenience;
Blank forms;
Stocks of publications;
Library and museum materials acquired solely for the purposes of reference or display;
Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, or other state law; or
Any records, correspondence, notes, memoranda, or documents other than a final written agreement described by V.T.C.A., Government Code sec. 2009.054(c) 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.
means any record of the city for which the retention period on a records control schedule is given as permanent.
means 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.
means 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 “records management” includes the development of records control schedules, the management of filing and information retrieval systems, the protection of essential and permanent records, control over the creation and distribution of forms, reports and correspondence, and the management of micrographics and electronic and other records storage systems.
means the person designated in section 2-95.
means the plan developed under section 2-96.
means 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 585, sec. 2, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
All municipal records as defined in section 2-92 are hereby declared to be the property of the city. No city official or employee has, by virtue of his position, any personal or property right to such records even though he may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.
(Ordinance 585, sec. 3, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
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 their management from creation to ultimate disposition, consistent with the requirements of:
(1)
U.S. law and regulation;
(2)
The Texas Local Government Records Act;
(3)
Applicable state administrative regulations; and
(4)
Accepted records management practice.
(Ordinance 585, sec. 4, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
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 name with the director and librarian of the Texas State Library within 30 days of the initial designation or of taking up the office, as applicable.
(Ordinance 585, sec. 5, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
(a)
The records management officer shall develop records management plan for the city for submission to the city manager. The 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 city, and to properly preserve those records of the city that are of historical value. The plain must be designed to enable the records management officer to carry out his duties prescribed by state law and this article effectively.
(b)
Once approved by the city manager, 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 relating 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 585, sec. 6, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
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 city 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 Texas State Library and Archives Commission to determine if the records management program and the city’s records control schedules are in compliance with state regulations;
(8)
Disseminate to the city manager 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 the result of such disposal or disposition;
(11)
Report annually to the city manager 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 manager noncompliance by department heads or other city personnel with the policies and procedures of the records management program or the Texas Local Government Records Act.
(Ordinance 585, sec. 7, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
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 staff are responsible; and
(3)
Maintain the records in his care and carry out their preservation, microfilming, 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.
(Ordinance 585, sec. 8, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
(a)
City council.
The city council shall:
(b)
City attorney.
In conjunction with the city manager and records management officer, the city attorney shall issue legal holds and releases.
(c)
City manager or designee.
The city manager or designee shall:
(1)
Ensure that city technology systems and applications have retention capabilities, and apply those capabilities;
(2)
Ensure that electronic records are trustworthy and accessible throughout their lifecycle;
(3)
Comply with legal holds in the event of a pending litigation, claim, action or audit that requires the production of city documents and records.
(e)
Contractors and other third party entities.
Contractors, third party administrators, and others with access to, or custody of, municipal records are required to comply with this article and all related city policies and procedures.
(Ordinance 585, sec. 9, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
(a)
Municipal employees.
Noncompliance with this article and related procedures may result in disciplinary action, up to and including termination of employment.
(b)
Third parties.
Noncompliance by contractors and other third party entities subject to this article may be subject to penalties, up to and including termination of contracts or specific parts of the business relationship with the city.
(Ordinance 585, sec. 10, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
(a)
The records management officer, in cooperation with the department heads, shall prepare records control schedules on a department-by-department basis listing all records series created or received by the department and retention period for each series. Records control schedules shall also contain such other information regarding the disposition of municipal records as the records management program of the city.
(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 and the city manager.
(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 records management officer shall submit the records control schedules to the director and librarian.
(Ordinance 585, sec. 11, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
(a)
A records control schedule for a department that has been approved and adopted under section 2-101 shall be implemented by department heads according to the policies and procedures of the records management plan.
(b)
Retention period; expiration or extension.
(1)
A record whose retention period has expired on a records control schedule shall be destroyed unless:
(2)
Agreements and contracts containing language requiring record retention periods longer than those specified in the city’s records control schedule will prevail over the records control schedule.
(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 manager.
(Ordinance 585, sec. 12, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
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.
(Ordinance 585, sec. 13, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
It is the policy of the city that records must not be destroyed/deleted except under the provisions of an approved records control schedule. Preventing the accidental removal, defacing, alteration, or destruction of the city’s public records is the responsibility of every city employee, contractor, and third party having custody of city records. In the event that inadvertent destruction/deletion of public records occurs, the city manager and RMO will investigate, determine the cause of the event, and implement corrective actions to prevent a recurrence, using the provisions of the inadvertent destruction of records procedure.
(Ordinance 585, sec. 14, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
In the event of a pending litigation, claim, action or audit that requires the production of city documents and records, the city will apply the legal hold and release procedure to retain, preserve and protect all documents, records and other materials pertaining to the event.
(Ordinance 585, sec. 15, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
(a)
The city provides systems, tools and media to create data backups for the express purpose of ensuring that city information can be made available only in order to enable resumption, and permit continuation of normal business activities in a timely manner, while minimizing risks and economic losses to the city.
(b)
City backup data is not provided for, and under no circumstances is permitted to be used for, the routine storage, retention, version management, or archiving of city information. The city may make separate provision for these purposes. Therefore, city backup data is not to be used for the retention, preservation or production of city information in connection with litigation, audit, investigation, or pursuant to a legal hold.
(c)
It is the position of the city that backup data does not meet the definition of a municipal record, and is therefore not subject to retention, legal holds or other record-related stipulations.
(Ordinance 585, sec. 16, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)
Procedures developed for the city’s records management program include, but may not be limited to:
(1)
Legal hold and release.
(2)
Boxing and transfer of hardcopy records to inactive storage.
(3)
Retrieval and return of records from inactive storage.
(4)
Securing and protection of records.
(5)
Destruction of hardcopy records.
(6)
Inadvertent destruction of records.
(7)
Permanent deletion of electronic records in the custody of employees.
(8)
Destruction and permanent deletion of records in the custody of third parties.
(9)
Destruction and permanent deletion of non-records.
(10)
Processing records in the custody of departing employees.
(Ordinance 585, sec. 17, adopted 3/27/12; Ordinance 658, sec. II, adopted 2/24/15)