The following words, terms and phrases, when used in this division, 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, order, 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 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.
means 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 the city or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business are declared to be the records of the city 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. Municipal records do not include:
Extra identical copies of documents created only for convenience of reference or research by officers or employees of the city;
Notes, journals, diaries, and similar documents created by an officer or employee of the city for the officer's or employee's personal convenience;
Blank forms;
Stocks of publications;
Library and museum materials acquired solely for the purpose 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 § 552.001 et seq., 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 § 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 of a dispute resolution system or organization.
means any record of the city for which the retention period on a records control schedule issued by the Texas State Library and Archives Commission 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 persons designated under section 2-218.
means 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.
means the person designated in section 2-215.
means the plan developed under section 2-220.
means 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 of 12/10/1990, § 2)
It is 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 municipal 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 Texas Local Government Records Act and accepted records management practice.
(Ordinance of 12/10/1990, § 4)
All municipal records are declared to be the property of the city. No city 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.
(Ordinance of 12/10/1990, § 3)
A records center, developed pursuant to the plan required by section 2-220, 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 2-220.
(Ordinance of 12/10/1990, § 14)
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 Texas State Library and Archives Commission within 30 days of the initial designation or of taking up the office, as applicable.
(Ordinance of 12/10/1990, § 5)
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 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 Texas 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 division;
(12)
Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of city 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;
(14)
Report annually to the city council on the records management plan in each department of the city, including summaries of the statistical and fiscal data compiled under subsection (13) of this section; 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 of 12/10/1990, § 7)
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 city 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 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 policies and procedures of the records management program of the city and the requirements of this division.
(Ordinance of 12/10/1990, § 8)
Each department head shall designate a member of his 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 interests of the records management program more than one 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 department.
(Ordinance of 12/10/1990, § 9)
In addition to other duties assigned in this division, 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 of 12/10/1990, § 10)
(a)
The records management officer and the mayor shall develop a records management plan for the city. 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 enable the records management officer to carry out his duties prescribed by state law and this division 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 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 city.
(Ordinance of 12/10/1990, § 6)
(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, the city attorney, and the city secretary.
(d)
Before its adoption, a records control schedule or amended schedule must be submitted to and accepted for filing by the director and librarian of the Texas 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 of the Texas State Library and Archives Commission.
(Ordinance of 12/10/1990, § 11)
(a)
A records control schedule for a department, that has been approved and adopted under section 2-221, 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 law suit, 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 from the department head, the city attorney and the city secretary.
(Ordinance of 12/10/1990, § 12)
A record that does not appear on a records control schedule or amended 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 Texas State Library and Archives Commission an approved destruction authorization request.
(Ordinance of 12/10/1990, § 13)