All documents, papers, letters, books, maps, photographs, sound
or video recordings, microfilm, magnetic tape, electronic media, or
other information open or restricted under the laws of the state,
created or received by the village 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 village and shall be created, maintained,
and disposed of in accordance with the provisions of this division
or procedures authorized by it and in no other manner.
(Resolution 79-15, sec. 2, adopted –/–/15)
The officer who by resolution or administrative policy is
in charge of an office of the village that creates or receives records.
Any record of the village 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.
Any record of the village for which the retention period
on a records control schedule is given as permanent.
A document prepared by or under the authority of the records
management officer listing the records maintained by the village,
their retention periods and other records disposition information
that the records management program may require.
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 2.07.005 of this division.
The plan developed under section 2.07.006 of this division.
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.
(Resolution 79-15, sec. 2, adopted –/–/15)
All municipal records as defined in section 2.07.001 of this division are hereby declared to be the property of the village. 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.
(Resolution 79-15, sec. 3, adopted –/–/15)
It is hereby declared to be the policy of the village 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 the Texas Local Government Records Act and
accepted records management practice.
(Resolution 79-15, sec. 4, adopted –/–/15)
The village secretary and the successive holders of said office,
shall serve as records management officer for the village. 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 days of the initial designation or of taking up the office,
as applicable.
(Resolution 79-15, sec. 5, adopted –/–/15)
(a)
The
records management officer shall develop a records management plan
for the village 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 municipality, and to properly preserve those records
of the municipality 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 division effectively.
(b)
Once
approved by the city council the records management plan shall be
binding on all offices, departments, divisions, programs, commissions,
bureaus, boards, committees, or similar entities of the village 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 division 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 village.
(Resolution 79-15, sec. 6, adopted –/–/15)
In addition to other duties assigned in this division, 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 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 village;
(5)
Establish
standards for filing and storage equipment and for recordkeeping supplies;
(6)
Study
feasibility of and, if appropriate, establish a uniform filing system
and a forms design and control system for the village;
(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 municipality’s records control schedules
are in compliance with state regulations;
(8)
Disseminate
to the city council and department heads information concerning state
laws and administrative rules relating to local government;
(9)
Ensure
that the maintenance, preservation, microfilming, destruction, or
other disposition of the records of the village 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 council on the implementation of the records management plan in each department of the village, including summaries of the statistical and fiscal data compiled under subsection (10); and
(12)
Bring to the attention of the city council noncompliance by department
heads or other municipal personnel with the policies and procedures
of the records management program or the Local Government Records
Act.
(Resolution 79-15, sec. 7, adopted –/–/15)
In addition to other duties assigned in this division, department
heads shall:
(1)
Cooperate
with the records management officer in carrying out the policies and
procedures established in the village for the efficient and economical
management of records and in carrying out the requirements of this
division;
(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 in accordance with the policies
and procedures of the records management program of the village and
the requirements of this division.
(Resolution 79-15, sec. 8, adopted –/–/15)
(a)
The
records management officer, in cooperation with department heads,
shall prepare records control schedules on a department-by-department
basis listing all records series created or received by department
and the retention period for each series. Records control schedules
shall 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 village.
(c)
Before
its adoption a records control schedule or amended schedule for a
department must be approved by the department head and the city council.
(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.
(Resolution 79-15, sec. 9, adopted –/–/15)
(a)
A records control schedule for a department that has been approved and adopted under section 2.07.009 shall be implemented by department heads 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
law suit, or the department head requests in writing to the records
management officer that the record be retained for an addition period.
(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 council.
(Resolution 79-15, sec. 10, adopted –/–/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.
(Resolution 79-15, sec. 11, adopted –/–/15)
(a)
The
attachments to Ordinance 38-06: “Open Records Request Information,”
“Request for Government Records” and “Fees for Government
Records,” are hereby adopted and maintained on file in the office
of the village secretary.
(b)
Those
requesting information shall be given copies of the above-named documents.
(c)
All
funds collected for these services under this division shall be deposited
in the general fund of the village.
(Ordinance 38-06 adopted 4/10/06; Ordinance adopting Code)
