[1]
Editor's note—Former Art. V pertained to similar subject matter and derived from Ordinance 8862, adopted 9/9/2007, and Ordinance 2010-9150, adopted 1/14/2010.
For the purpose of this article, the following phrase shall have the meaning respectively ascribed to it in this section:
City records
mean all documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, social media, and 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 or in the transaction of public business and 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 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
For the purpose of this article, the following words and phrases shall have the meaning respectively ascribed to them in this section:
Archives
mean the repository of the city which receives records designated as historically valuable for permanent storage.
City
means the City of Irving, Texas.
City council
means the city council of the City of Irving, Texas.
CCO
means the chief compliance officer.
Department director
means the officer who by ordinance, order, or administrative policy is in charge of an office or department of the city that creates or receives records.
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 plan 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 development of records control schedules, the management of filing and information retrieval systems, the protection of vital and permanent records, the economical and space-effective storage of inactive records, and the management of micrographics and electronic and other records storage systems.
Records liaisons
mean the persons designated pursuant to this article by department directors to serve as the records liaisons for their departments.
Records management officer
means the person designated pursuant to this article by the city secretary/CCO to serve as the records manager and to serve as liaison to TSLAC.
Records management plan
means the plan developed pursuant to this article by the records management officer.
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.
Social media
means forms of electronic communication through which users create online communities to share information, including, but not limited to, Facebook, Twitter, Instagram, LinkedIn, and blogs.
TSLAC
means the Texas State Library and Archives Commission.
Vital record
means any record of the city necessary to the resumption or continuation of operations of the city in an emergency or disaster, to the recreation of the legal and financial status of the city, or to the protection and fulfillment of obligations to the people of the city.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
All city records as defined in this article are hereby declared to be the property of the city. No city official or employee has, by virtue of the official's or employee's position, any personal or property right to such records, nor computer programs, even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. Upon termination of office or separation of employment with the city, the officer or employee, respectively, shall surrender or return all city records contained on the officer or employee's personal devices to the city.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
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 Texas Local Government Records Act, TSLAC, and accepted records management practice.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
The records management officer for the city shall be the city secretary/CCO, or the city secretary/CCO's designee. As provided by state law, a holder of the office shall file his or her name with TSLAC within 30 days of the initial designation.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
(a) 
The records management officer shall establish, develop, and maintain a records management plan and ensure compliance with applicable law. The plan must contain policies and procedures designed to reduce costs and to provide for efficient recordkeeping, adequate protection of the vital records of the city, and proper preservation of those records of the city that are of historical value. The plan must be designed to enable the records management officer to carry out the officer's duties prescribed by state law and this article effectively.
(b) 
The records management plan shall apply to all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the city, and records shall be created, maintained, stored, or disposed of in accordance with the plan.
(c) 
State law relating to the duties, other responsibilities, or recordkeeping requirements of a department director do not exempt the department director or the records in the department director's care from the application of this article and the records management plan adopted under it and may not be used by the department director as a basis for refusal to participate in the records management program of the city.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
In addition to other duties assigned in this article, the records management officer, or designee, shall:
(1) 
Administer the records management plan and provide assistance to department directors in its implementation;
(2) 
Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures;
(3) 
In cooperation with department directors and the information technology and the emergency management departments, identify vital records and establish a disaster plan for each city department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense;
(4) 
Develop procedures in coordination with the city's archivist 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) 
Provide records management advice and assistance to all city departments and develop control schedules for city departments;
(7) 
Monitor and adhere to the established timeline for control schedules and administrative rules issued by TSLAC to determine if the records management program and the city's records control schedules are in compliance with state regulations;
(8) 
Disseminate to department directors information concerning state laws and administrative rules relating to local government records;
(9) 
Monitor whether the maintenance, preservation, destruction, or other disposition of the city records is carried out in accordance with the policies and procedures of the records management plan and the requirements of state law;
(10) 
Maintain information on records destroyed under approved records control schedules by records management.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
In addition to other duties assigned in this article, department directors shall:
(1) 
Cooperate with the records management officer in carrying out the policies and procedures established for 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 department directors and their staffs are responsible; and
(3) 
Maintain the records in the directors' care and carry out their maintenance, preservation, 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 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
Each department director shall designate a member of the director's staff to serve as the records liaison for the implementation of the records management plan in the department. If a department has more than one division the department director may designate a records liaison for each division. If the records management officer determines that in the best interests of records management, more than one records liaison should be designated for a department, the department director shall designate the number of records liaisons specified by the records management officer. Persons designated as the records liaisons shall be thoroughly familiar with all the records created and maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department director of a person designated as a records liaison, the department director shall promptly designate another person to fill the vacancy. A department director may serve as records liaison for the director's department.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
In addition to other duties assigned in this article, records liaisons shall:
(1) 
Compile an inventory of records of the department in preparation for the development of a records control schedule; and
(2) 
In cooperation with the records management officer, coordinate and implement the policies, procedures, and records control schedules of the records management plan in their departments.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
(a) 
The city submitted a Declaration of Compliance with the Records Scheduling Requirement of the Texas Local Government Records Act with TSLAC in May 2019, declaring that the city has adopted record control schedules that comply with the minimum requirements established by the records retention schedules issued by TSLAC.
(b) 
The records management officer may prepare records control schedules on a city-wide or department-by-department basis listing all records created or received by the department and the retention period for each record.
(c) 
Each records control schedule shall be monitored and amended as needed by the records management officer to ensure that it is in compliance with records retention schedules issued by TSLAC and that it continues to reflect the recordkeeping procedures and needs of the department and the records management plan of the city.
(d) 
Upon completion of a new records control schedule, approval will be sought from the department head, city secretary/CCO, and city attorney.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
(a) 
A records control schedule that has been approved under this article shall be implemented by department directors and records liaisons 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 a public information request is pending on the record, the subject matter of the record is pertinent to a pending lawsuit, or the department director requests in writing to the records management officer that the record be retained for a specified purpose, a specific period of time, and the request must be approved by the city secretary/CCO.
(c) 
Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the city secretary/CCO and from the department director, then the records management officer after destruction is complete.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
The Irving Municipal Records Center is under the direct control and supervision of the records management officer and is a division of the city secretary's office. Policies and procedures regulating the operations and use of the records center shall be contained in the records management plan under this article as outlined in section 2-36.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
All existing records that have been microfilmed but not yet converted into a scanned record shall be maintained up to the point in which they are scanned, until their retention has been met, or as is administratively valuable in accordance with TSLAC.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
Electronic records shall have the same retention and storage and ownership requirements as records of any other format. The records management plan will establish policies and procedures for the electronic storage of city records, including policies to ensure that all scanning, imaging, or electronic storage is done in accordance with standards and procedures for electronic records of local government records established in rules of TSLAC.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)
Records, regardless of media that have been determined to have continuing historical value beyond the retention requirements, may be transferred to the city's archives with written approval of the records management officer. The records management plan will establish policies and procedures for archival custody of city records.
(Ordinance 2015-9668, § 1, adopted 4/2/2015; Ordinance 2024-10895, § 1, adopted 4/11/2024)