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 them 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 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.
(Ordinance 2012-09, sec. 1, adopted 12/10/2012)
Department head
means the officer who by ordinance or administrative policy is in charge of an office of the city that creates or receives records.
Essential record
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.
Permanent record
means any record of the city for which the retention period on a records control schedule is given as permanent.
Records control schedule
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.
Records management
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 adoption of the state library 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 electronic and other records storage systems.
Records management officer
means the person designated in section 2.05.005 of this article.
Records management plan
means the plan developed under section 2.05.006 of this article.
Retention period
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 2012-09, sec. 2, adopted 12/10/2012)
All municipal records as defined in section 2.05.001 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 2012-09, sec. 3, adopted 12/10/2012)
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 for their management from creation to ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice.
(Ordinance 2012-09, sec. 4, adopted 12/10/2012)
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 days of the initial designation or of taking up the office, as applicable.
(Ordinance 2012-09, sec. 5, adopted 12/10/2012)
(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 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 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 2012-09, sec. 6, adopted 12/10/2012)
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) 
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 records;
(9) 
Ensure that the maintenance, preservation, digitizing, destruction, or other disposition of the records of the city 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 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 city, 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.
(Ordinance 2012-09, sec. 7, adopted 12/10/2012)
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, digitization, 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 2012-09, sec. 8, adopted 12/10/2012)
(a) 
The records management officer, in cooperation with department heads, shall review state library records control schedules on a department-by-department basis to identify 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 by the records management officer on a regular basis to ensure that the city downloads and prints out the most current version of the 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 and the city council.
(Ordinance 2012-09, sec. 9, adopted 12/10/2012)
(a) 
A records control schedule for a department that has been approved and adopted under section 2.05.009 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 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 from the city council.
(Ordinance 2012-09, sec. 10, adopted 12/10/2012)
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.
(Ordinance 2012-09, sec. 11, adopted 12/10/2012)
(a) 
Annual time limit.
Pursuant to Texas Government Code sec. 552.275(a) and (b), thirty-six (36) hours is the reasonable limit on the amount of time that personnel of the city are required to spend producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor in any given twelve-month period commencing on October 1 of each year, without recovering the city's costs attributable to that personnel time.
(b) 
Monthly time limit.
Pursuant to Texas Government Code sec. 552.275(a) and (b), fifteen (15) hours is the reasonable limit on the amount of time that personnel of the city are required to spend producing pubic information for inspection or duplication by a requestor, or providing copies of public information to a requestor in any given monthly period commencing on the 1st date of each month, without recovering the city's costs attributable to that personnel time.
(c) 
Records of time spent fulfilling requests.
The city secretary or designee shall be responsible for maintaining records of the cumulative amount of personnel time spent complying with requests for public information from each individual requestor.
(d) 
Charges for personnel time spent in excess of time limits.
Notwithstanding any provision of this section to the contrary, any requestor of public information will be charged personnel costs in accordance with Texas Government Code sec. 552.275 for all time in excess of thirty-six (36) hours in any given twelve-month period commencing on October 1 of each year or fifteen (15) hours in a given monthly period commencing on the 1st date of each month, spent by personnel of the city in producing public information for inspection or duplication by a requestor, or providing copies of public information to a requestor. The city secretary or designee shall be responsible for providing all notices to the requestor as required by law, including written statements of accrued time required by Texas Government Code sec. 552.275(d) and written estimate of charges required by Texas Government Code sec. 552.275(e). The amount of time spent preparing the written cost estimate may not be included as personnel time spent on the request unless the requestor has exceeded the established time limit.
(e) 
Withdrawal of request.
Pursuant to Texas Government Code sec. 552.275(e) and (h), if a requestor fails or refuses to pay the amount in the cost estimate or provide identification as provided below, the request is considered withdrawn. If the requestor fails to inspect or duplicate public information in the governmental body's office on or before the 60th day after the date the information is made available, or fails to pay postage and any other PIA charges on or before the 60th day after the date the requestor is informed of charges, then the request is considered withdrawn.
(f) 
Identification required.
Photo identification must be presented by the requestor for the purpose of establishing that the requestor has not: (a) exceeded a time limit established by the City; and (b) concealed the requestor's identity. A request for photo identification must include the written cost estimate described above and a statement that describes each specific reason why a photo identification is required. The city shall accept as proof of a requestor's identification physical presentation of photo identification or an image of the photo identification that is transmitted electronically or through mail. A requestor from whom a photo identification is requested by the city may decline to provide the identification and obtain the requested information by paying the charge assessed in the written cost estimate.
(g) 
Miscellaneous.
A requestor who has exceeded the time limits established by the city may not inspect public information in a paper record or in an electronic medium on behalf of another requestor unless the requestor who exceeded the limit has paid certain written cost estimates issued by the city.
(h) 
Requestor defined.
For purposes of this section, "requestor" shall have the meaning set forthin Texas Government Code sec. 552.003(6).
(Ordinance 20240610-01 adopted 6/10/2024)