City record.
Any document, paper, letter, book, map, photograph, sound
or video recording, 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 of Clyde or any of its officers or employees pursuant to
law, including an ordinance, or in the transaction of public business.
The term “city record” 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 the city for the officer’s or employee’s
personal convenience;
(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, Government Code,
or any other state law; or
(7)
Any records, correspondence, notes, memoranda, or documents,
other than a final written agreement described by section 2009.054(c),
Government Code, associated with a matter conducted under an alternative
dispute resolution procedure in which city personnel participated
as a party, facilitated as an impartial third party, or facilitated
as the administrator of a dispute resolution system or organization.
Essential records.
Any city records necessary to the resumption or continuation
of city operations in an emergency or disaster, to the recreation
of the legal and financial status of the City of Clyde, or to the
protection and fulfillment of obligations to the people of the state.
Records management.
The application of management techniques to the creation,
use, maintenance, retention, preservation, and disposal of records
for the purpose 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.
Records retention schedule.
A document issued by the Texas State Library and Archives
Commission under authority of subchapter J, chapter 441, Government
Code, establishing mandatory retention periods for local government
records.
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 2019-002 adopted 6/11/19)
All city records as defined in section
1.05.031 of this division are hereby declared to be public property. No city officer or employee has, by virtue of the officer’s or employee’s position, any personal or property right to a city record even though the officer or employee developed or compiled it.
(Ordinance 2019-002 adopted 6/11/19)
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, consistent with the requirements of the Local Government
Records Act, subtitle C, title 6, of the Texas Local Government Code.
(Ordinance 2019-002 adopted 6/11/19)
The city secretary, and 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 Texas State Library
and Archives Commission within thirty (30) days of the initial designation
or of taking the office, as applicable.
(Ordinance 2019-002 adopted 6/11/19)
The records management officer shall:
(1) Administer
the records management program;
(2) Plan,
formulate, and prescribe basic file management and recordkeeping policies,
systems, standards, and procedures to be followed by all city officers
and employees;
(3) Provide
record management advice and assistance to all city officers and employees
by preparation of procedure manuals or other training materials and
by on-site consultation;
(4) Identify
and take adequate steps to preserve city records that are of permanent
value;
(5) Identify
and take adequate steps to protect essential records;
(6) Ensure
that the maintenance, preservation, microfilming, destruction, or
other disposition of city records is carried out in accordance with
the city’s record management program and the requirements of
state law;
(7) Disseminate
to the city council information concerning state laws, administrative
rules, and the city’s policies relating to city records;
(8) Establish
procedures to ensure that the handling of city 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 duties that may be imposed by law and the confidentiality
of information in records to which access is restricted by law.
(Ordinance 2019-002 adopted 6/11/19)
The administrative assistant, and successive holders of that
position, shall serve as the records management liaison for the city.
(Ordinance 2019-002 adopted 6/11/19)
The records management liaison shall report to the records management
officer and shall perform duties as assigned by the records management
officer, including but not limited to:
(1) Monitoring
timeliness of destruction of city records according to the records
retention schedules;
(2) Ensuring
that city records are not destroyed by city employees before the expiration
of the time period specified in the records retention schedules;
(3) Providing
information to city officers and employees regarding file management
and recordkeeping procedures and the timing of destruction of city
records; and
(4) Destroying
city records that are scheduled for destruction.
(Ordinance 2019-002 adopted 6/11/19)
Each department head shall ensure that his or her subordinates
comply with this records management program.
(Ordinance 2019-002 adopted 6/11/19)
The city shall follow the retention periods in the records retention
schedules established by the Texas State Library and Archives Commission.
(Ordinance 2019-002 adopted 6/11/19)
City records are subject to the Public Information Act, chapter
552, Texas Government Code. Any city record to which public access
is denied under the Public Information Act, chapter 552, Texas Government
Code, is, if still in existence, open to public inspection 75 years
after it was originally created or received. This section does not
apply to a city record whose public disclosure is prohibited by an
order of a court or another state law.
(Ordinance 2019-002 adopted 6/11/19)