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.
means 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 a local government or any of its officers or employees pursuant
to law, including an ordinance, or in the transaction of public business.
The term does not include:
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
chapter 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 section 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
or 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 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.
means the person designated in section 1.05.004.
means the plan developed under section 1.05.005.
means the minimum time that must pass after the creation
or receipt of a record, or the fulfillment of certain actions associated
with a record, before it is eligible for destruction.
(1967 Code, secs. 2-76, 2-77; 1976
Code, sec. 2-171; 2008 Code, sec. 2-171)
All local government records as defined in section 1.05.001 are hereby declared to be the property of the city. No municipal 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.
(1967 Code, sec. 2-78; 1976 Code,
sec. 2-172; 2008 Code, sec. 2-172)
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
of their management from creation to ultimate disposition, consistent
with the requirements of the Texas Local Government Records Act, V.T.C.A.,
Local Government Code section 201.001 et seq., and accepted records
management practice.
(1967 Code, sec. 2-79; 1976 Code,
sec. 2-173; 2008 Code, sec. 2-173)
The city secretary and the successive holders of such 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 state library within 30
days of the initial designation or taking up the office, as applicable.
(1967 Code, sec. 2-80; 1976 Code,
sec. 2-174; Ordinance 1022, sec.
I, adopted 2/5/07; 2008 Code,
sec. 2-174)
(a)
The
records management officer has developed a records management plan
for the city. The plan contains 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 plan is
designed to enable the records management officer to carry out his
duties prescribed by state law and this article effectively.
(b)
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.
(1967 Code, sec. 2-81; 1976 Code,
sec. 2-175; 2008 Code, sec. 2-175)
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 municipal office and department
to ensure maximum availability of the records in order to reestablish
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 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 city’s records control schedules
are in compliance with the state regulations;
(8)
Disseminate
to the city commission 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 is 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 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 commission 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 commission noncompliance by department
heads or other municipal personnel with the policies and procedures
of the records management program or the Local Government Records
Act, V.T.C.A., Local Government Code section 201.001 et seq.
(1967 Code, sec. 2-82; 1976 Code,
sec. 2-176; 2008 Code, sec. 2-176)
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 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 policy
and procedures of the records management program of the city, and
the requirements of this article.
(1967 Code, sec. 2-83; 1976 Code,
sec. 2-177; 2008 Code, sec. 2-177)
(a)
The
records management officer, in cooperation with department heads,
has prepared records control schedules on a department-by-department
basis listing all records series created or received by the department
and the retention period for each series. Records control schedules
also contain such other information regarding the disposition of municipal
records as the records management plan may require.
(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, the records control schedule for each department was
approved by the department head and the city commission. Before its
adoption, any amended schedule for a department must be approved by
the department head and the city commission.
(d)
Before
its adoption, the records control schedule was submitted to and accepted
for filing by the state 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 submitted the records control schedules to the director and
librarian.
(1967 Code, sec. 2-84; 1976 Code,
sec. 2-178; 2008 Code, sec. 2-178)
(a)
A records control schedule for each department has been approved and adopted under section 1.05.008 and shall be implemented by department heads according to the policies and procedures of the records management plan.
(b)
A
record, the retention period of which 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 officer that the record be retained for an additional
period.
(c)
Records
destroyed in accordance with the approved records control schedule
shall be reported to the city commission in writing no less than annually.
(1967 Code, sec. 2-85; 1976 Code,
sec. 2-179; Ordinance 998, secs.
I, II, adopted 3/7/05; 2008 Code,
sec. 2-179)
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.
(1967 Code, sec. 2-86; 1976 Code,
sec. 2-180; 2008 Code, sec. 2-180)
