(a)
All
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 city 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 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.
(b)
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 the city for the officer's or 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, Government Code, or
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 personnel of the city participated as
a party, facilitated as an impartial third party, or facilitated as
the administrator of a dispute resolution system or organization.
(Ordinance adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
The officer who by ordinance, order, or administrative policy
is in charge of an office of the city that creates or receives records.
Any record of the city necessary to 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.
Any record of the city 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 city, their
retention periods, and other records disposition information that
the records management program may require.
The persons designated under section 1.05.009 of this article.
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 1.05.005 of this article.
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 adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
All city records as defined in section 1.05.001 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 adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
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
disposal, consistent with the requirements of the Texas Local Government
Records Act and accepted records management practice.
(Ordinance adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
The city secretary, and the 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 adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
(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 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 article.
(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 city and records
shall be created, maintained, stored, and microfilmed 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 adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
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 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 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 municipal 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 municipality’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 municipal records is carried out in accordance
with the 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 the result
of such disposal or disposition; and
(Ordinance adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
In addition to other duties assigned in this article, if department
heads are designated, they 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 1680 adopted 11/15/2022)
Each department head shall designate a member of his or her
staff to serve as records liaison officer for the implementation of
the records management program in the department. If the records management
officer determines that in the best interest of the records management
program more than one (1) records liaison officer should be designated
for a department, the department head 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 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. A department head may serve as
records liaison officer for his or her department.
(Ordinance adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
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 schedule;
(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 adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
(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 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, 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 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 adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
(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 by the records
management officer.
(Ordinance adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
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 adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
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 adopted 4/20/21; Ordinance 1680 adopted 11/15/2022)
