All documents, papers, letters, books, maps, photographs, sound
or video recordings, 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 the city or any of its officers or employees pursuant to law, or
in the transaction of public business 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. The term does not include:
(1)
Extra
identical copies of documents created only for convenience of reference
or research by officers or employees of the city;
(2)
Notes,
journals, diaries, and similar documents created by an officer or
employee of for the employee’s personal convenience;
(3)
Blank
forms;
(4)
Stocks
of publications;
(5)
Library
and museum materials acquired solely for the purposes of reference
or display;
(6)
Copies
of documents in any media furnished to members of the public to which
they are entitled under chapter 552 of the Texas Government Code,
as amended, or other state law; or
(7)
Any
records, correspondence, notes, memoranda, or documents, other than
a final written agreement described in section 2.009.054(c), Government
Code, as amended, 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.
(Ordinance 1996-14 adopted 9/16/14)
The Texas State Library and Archives Commission.
The officer who by ordinance, order, or administrative policy
is in charge of a department of the city that creates or receives
local government records. For the purpose of this article, a custodian
is a director/department head, under the administration of the city
manager or the city council, who is responsible for all records in
his/her department.
The executive and administrative officer of the Texas State
Library and Archives Commission.
Any record of the city necessary to the resumption or continuation
of operations of the city 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 of the City of DeSoto, Texas.
Any record of the city for which the retention period on
a records control schedule issued by the commission is given as permanent.
A document prepared by or under the authority of a records
management officer listing the records maintained by the city, their
retention period, and other records disposition information that the
records management program of the city may require.
The persons designated by the custodian of each city department to perform the duties under Section 1.710 of this article for that given department.
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.
The person designated in Section 1.705 of this article.
The plan developed under Section 1.707 of this article.
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.
(Ordinance 1996-14 adopted 9/16/14)
All municipal records as defined in Section 1.701 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 1996-14 adopted 9/16/14)
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 of records from their creation to their ultimate
disposition, consistent with the requirements of the Texas Local Government
Records Act, the Texas Public Information Act (chapter 552 of the
Texas Government Code), as amended, and accepted records management
practice.
(Ordinance 1996-14 adopted 9/16/14)
The city secretary, and 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 thirty
(30) days of the initial designation or of taking up the office, as
applicable.
(Ordinance 1996-14 adopted 9/16/14)
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. 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.
(Ordinance 1996-14 adopted 9/16/14)
(a)
This
article shall be known and may be cited as the “Records Management
Program of the City of DeSoto, 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 municipal
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 municipal
records is necessary to fulfill the higher public purpose.
(Ordinance 1996-14 adopted 9/16/14)
The records management officer shall have the following duties,
in addition to other duties assigned by this article:
(1)
Administer
the records management program and provide assistance to department
heads and custodians 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)
In cooperation
with the custodians of the records:
(A)
Prepare
and file with the director and librarian amended schedules as needed
to reflect new records created or received by the city;
(B)
Prepare
or direct the preparation of requests for authorization to destroy
records not on an approved control schedule as provided by the act,
of requests to destroy the originals of permanent records that have
been microfilmed.
(3)
In cooperation
with custodians, identify and take adequate steps to preserve municipal
records that are of permanent value;
(4)
In cooperation
with custodians, identify essential records and establish a disaster
plan for each municipal office and department to ensure maximum availability
of the records in order to reestablish operations quickly and with
minimum disruption and expense;
(5)
In cooperation
with custodians, ensure the maintenance, preservation, microfilming,
destruction of records is carried out in accordance with policies
and procedures of the city’s records management program and
requirements of state law;
(6)
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;
(7)
Instruct
records liaison officers and other personnel in policies and procedures
of the records management plan and their duties of the records management
program;
(8)
Direct
records liaison officers or other personnel in the conduct of records
inventories in preparation for the development of records control
schedules as required by state law and this article;
(9)
Develop
a citywide forms design and control system;
(10)
Develop
procedures to ensure the permanent preservation of historically valuable
records of the city;
(11)
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;
(12)
Monitor
records retention schedules and administrative rules issued by the
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;
(13)
Maintain
records on the volume of records destroyed under approved records
control schedules, the volume of records microfilmed, and the estimated
cost and space savings as the result of such disposal or disposition;
and
(14)
Report
to the appropriate city officials noncompliance by department heads
and other municipal personnel with policies and procedures of the
records management program or the Local Government Records Act.
(Ordinance 1996-14 adopted 9/16/14)
In addition to other duties assigned in this article, custodians
of records 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 custodian and his or her staff
are responsible;
(3)
Maintain
the records in his or her 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 the act and rules adopted thereunder;
(4)
Designate
records liaison officers within their departments and provide the
records liaison officer the names of the designees to serve the implementation
of the records management program. If the records management officer
determines that in the best interests of the records management program
additional records liaison officers are needed, the custodian shall
designate the number of records liaison officers specified by the
records management officer. Persons designated as records liaison
officers shall be thoroughly familiar with all the records created
and maintained in their division and shall have full access to all
records of the city maintained by the division. In the event of the
resignation, retirement, dismissal, or removal of a person designated
as records liaison officer, the custodian shall promptly designate
another person to fill the vacancy. A custodian may serve as records
liaison officer for his or her department; and
(5)
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 and may not be used by the custodian
as a basis for refusal to participate in the city’s records
management program, the establishment of which is required by state
law.
(Ordinance 1996-14 adopted 9/16/14)
In addition to other duties assigned in this article, records
liaison officers shall:
(1)
Conduct
or supervise the conduct of inventories of the records of the division/department
in preparation for the development of records control schedules;
(2)
In cooperation
with the records management officer, coordinate and implement the
policies and procedures of the records management program in their
divisions/departments; and
(3)
Disseminate
information to division/department staff concerning the records management
program.
(Ordinance 1996-14 adopted 9/16/14)
(a)
Subject to subsection (d) herein, the city shall hereby adopt the records control schedules issued by the commission, as amended.
(b)
The
records management officer shall file an amended records control schedule
with the director and librarian of the commission providing written
certification of compliance that the city has adopted the commission’s
records control schedules to comply with minimum requirements established
on records retention schedules issued by the commission, including
any revised schedules issued by the commission.
(c)
The records management officer shall disperse the records retention schedules issued by the commission to all custodians and records liaison officers upon the commission’s acceptance of the certification outlined in subsection (b) herein. The records management officer shall monitor the commission’s records retention schedules for revisions or additions, and notify all custodians and records liaison officers of the same.
(d)
Before
its adoption, the city’s certification and adoption of the commission’s
records control schedule must be submitted to and accepted for filing
by the director and librarian as provided by state law. The records
management officer shall submit the records control schedules to the
director and librarian.
(Ordinance 1996-14 adopted 9/16/14)
(a)
The records control schedule that has been approved and adopted under Section 1.711 shall be implemented by custodians and records liaison officers 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 a request filed in accordance with chapter 552
of the Government Code is pending on the record, the subject matter
of the record is pertinent to a pending law suit, or the custodian
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 from the custodian
and the records management officer.
(Ordinance 1996-14 adopted 9/16/14)
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 1996-14 adopted 9/16/14)
A records center, developed pursuant to the plan required in Section 1.706, shall be under the direct control and supervision of the records management officer. Policies and procedures regulating the operations and use of the records center shall be contained in the records management plan developed under Section 1.706.
(Ordinance 1996-14 adopted 9/16/14)
(a)
For
the benefit of this section, “electronic storage” means
the maintenance of municipal record data in the form of digital electronic
signals on a computer hard disk, magnetic tape, optical disk, or similar
machine-readable medium
(b)
For the benefit of this section, “municipal record data” means the information that, by law, regulation, rule of court, ordinance, or administrative procedure of the city or state, comprises a municipal record as defined by Section 1.701 herein.
(c)
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.
(d)
All
electronic storage activities by custodians must be done in accordance
with standards and procedures established for electronic storage of
municipal records under chapter 205 of the Local Government Code.
(e)
All
microfilm produced before the effective date of this article is validated
to the extent the microfilm was produced in the manner and according
to the standards prescribed by prior law.
(f)
All
city procedures and materials used for the electronic storage of municipal
records shall be done and acquired under the protection 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, as amended.
(Ordinance 1996-14 adopted 9/16/14)
