The governing body of the city does hereby establish and adopt
a records management program for the orderly and efficient retention,
retrieval and destruction of the records of the city as set forth
in this article.
(Ordinance 201-90, sec. 1, adopted 12/11/90)
The following words, terms and phrases used in this article
shall be defined as follows:
City records.
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 it is open
or restricted under the laws of the state, created or received by
the city or any of its officers, agents, servants 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.
Department head.
The officer who by ordinance, order, 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 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.
Permanent record.
Any record of the city for which the retention period on
a records control schedule is given as permanent.
Records 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 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.
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 201-90, sec. 2, adopted 12/11/90)
All city records are hereby declared to be the property of the
city. No city official or employee has, by virtue of his or her position,
any personal or property right in 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 201-90, sec. 3, adopted 12/11/90)
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 and accepted records management practice.
(Ordinance 201-90, sec. 4, adopted 12/11/90)
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 and archives
commission within thirty (30) days of the initial designation or taking
up the office, as applicable.
(Ordinance 201-90, sec. 5, adopted 12/11/90)
(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 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 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 officers, 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 201-90, sec. 6, adopted 12/11/90)
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 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 uniform filing
system and a forms design and control system for the city;
(7) Provide
records management advice and assistance to all city departments by
preparation of a manual or manuals of procedure and policy and by
on-site consultation;
(8) 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;
(9) Disseminate
to the city council and department heads information concerning state
laws and administrative rules relating to local government records;
(10) Instruct records liaison officers and other personnel in policies
and procedures of the records management plan and their duties in
the records management program;
(11) 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;
(12) Ensure that the maintenance, preservation, microfilming, destruction,
or other disposition of city records is carried out in accordance
with policies and procedures of the records management program and
the requirements of state law;
(13) Maintain records on the volume of records destroyed under approved
records control schedules, the volume of records microfilmed or stored
electronically, and the estimated cost and space savings as a result
of such disposal or disposition;
(14) Report annually to the city council 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
(13); and
(15) Bring to the attention of the city council noncompliance by department
heads or other city personnel with the policies and procedures of
the records management program or the Local Government Records Act.
(Ordinance 201-90, sec. 7, adopted 12/11/90)
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 or her
staff are responsible; and
(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 this article.
(Ordinance 201-90, sec. 8, adopted 12/11/90)
If the records management officer determines that in the best
interests of the records management program one or more records liaison
officers should be designated for the implementation of the records
management program in a department, the department head shall designate
the number of records liaison officers specified by the records management
officer. A department head may serve as records liaison officer for
his or her department. Persons designated as records liaison officers
shall be thoroughly familiar with all the records created and maintained
by the department and shall have full access to all records of the
city maintained by the department. In the event of the resignation,
retirement, dismissal or removal by action of the department head
of a person designated as a records liaison officer, the department
head shall promptly designate another person to fill the vacancy.
(Ordinance 201-90, sec. 9, adopted 12/11/90)
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 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
departments; and
(3) Disseminate
information to department staff concerning the records management
program.
(Ordinance 201-90, sec. 10, adopted 12/11/90)
(a) The
records management officer, in cooperation with department heads and
records liaison officers, shall prepare records control schedules
on a department-by-department basis listing all records created or
received by the department and the retention period for each record.
Records control schedules shall also contain such other information
regarding the disposition of city 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 a records control schedule or amended schedule for a
department must be approved by the department head.
(d) Before
its adoption a records control schedule must be submitted to and accepted
for filing by the director and librarian of the state library and
archives commission 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 201-90, sec. 11, adopted 12/11/90)
(a) A records control schedule for a department that has been approved and adopted under section
1.05.006 shall be implemented by department heads 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 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) Prior
to the destruction of a record under an approved records control schedule,
authorization for the destruction must be obtained from the records
management officer.
(Ordinance 201-90, sec. 12, adopted 12/11/90)
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 of the state library and archives
commission an approved destruction authorization request.
(Ordinance 201-90, sec. 13, adopted 12/11/90)
A records center, developed pursuant to the plan required by section
1.05.006, 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
1.05.006.
(Ordinance 201-90, sec. 14, adopted 12/11/90)
Unless a micrographics program in a department is specifically
exempted by order of the city council, all microfilming of records
will be centralized and under the direct supervision of the records
management officer. The records management plan will establish policies
and procedures for the microfilming of city records, including policies
to ensure that all microfilming is done in accordance with standards
and procedures for the microfilming of local government records established
in rules of the state library and archives commission. The plan will
also establish criteria for determining the eligibility of records
for microfilming, and protocols for ensuring that a microfilming program
that is exempted from the centralized operations is, nevertheless,
subject to periodic review by the records management officer as to
cost-effectiveness, administrative efficiency, and compliance with
commission rules.
(Ordinance 201-90, sec. 15, adopted 12/11/90)