[1]
Editor's note–Former division 2 pertaining to records management was amended and replaced in its entirety by Ordinance 6887 adopted 11/3/2025. Prior to the replacement, this division derived from the following: 1991 Code, sec. 2-176; 1991 Code, sec. 2-177; 1991 Code, sec. 2-178; 1991 Code, sec. 2-179; 1991 Code, sec. 2-180; 1991 Code, sec. 2-181; 1991 Code, sec. 2-182; 1991 Code, sec. 2-183; and Ordinance adopting Code.
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:
Those records in current use which must be retained in offices because frequent reference is necessary in the conduct of day-to-day operations.
The officer who by ordinance, resolution, charter, or administrative policy oversees an office and/or department of the city that creates, sends, or receives records.
Any record of the city that is 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 state.
Those records which are seldom referred to, but which must be retained, temporarily or permanently, because of legal, fiscal, administrative, or archival value.
All records, whether of public or private origin, housed and administered by the city.
Any record of the city for which the retention period on a records control schedule is given as permanent.
All information collected, assembled, or maintained by the city pursuant to law or ordinance or in connection with the transaction of official business hours, with exceptions as defined in Texas Government Code, Chapter 552.
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 division or procedures authorized by it and in no other manner.
The people designated under section 1.06.037.
The people designated under section 1.06.038.
The person designated in section 1.06.036.
A formulated plan to establish a citywide system that achieves integrated control of all departmental subsystems so that an orderly and efficient flow of paperwork is provided from creation to ultimate disposition.
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 accumulated over a period of time and arranged in an organized file or set of files which can be described, handled, and disposed of as a unit. A records series may consist of records of a single type or format, or of records kept together because they relate to a particular subject or result from one activity.
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.
The statutory law governing records management requirements for local governments, including destruction and alienation of records (Local Government Code, Chapter 202), management and preservation of records (Local Government Code, Chapter 203), microfilming of records (Local Government Code, Chapter 204), and electronic storage of records (Local Government Code, Chapter 205), as well as statutory law governing the maintenance, preservation, and disposition of certain county records and local government records (Government Code, Chapter 441).
(Ordinance 6887 adopted 11/3/2025)
It is 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 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 6887 adopted 11/3/2025)
All municipal records are declared to be the property of the city. No city official, employee, temporary custodian, volunteer, independent contractor, or other individual 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. A city record exempted from public disclosure under state or federal law is not made subject to disclosure by its designation as city property under this section. For the purpose of this chapter, the term "municipal record" and its derivatives mean and refer to a "local government record" as defined by the Texas Local Government Records Act.
(Ordinance 6887 adopted 11/3/2025)
(a)
The records management officer is authorized to develop, establish and administer the records management program for the city pursuant to legal, fiscal, administrative and archival requirements, as authorized by law. The adopted records control plan and retention schedules used for the purposes of the records management program shall comply with the minimum requirements established by the Texas State Library and Archives Commission. To this end, the records management officer will implement, but not be limited to, a program to encompass such areas of records management as are required to preserve and keep all records in order to achieve the following goals:
(1)
Maintain and secure adequate security measures are in place for essential records;
(2)
Reduce the cost and improve the efficiency of recordkeeping;
(3)
Identify the duties and responsibilities of the records management officer and enable them to perform the duties prescribed by the records management program;
(4)
Designate city personnel to assist the records management officer in carrying out the purposes of this program;
(5)
Establish criteria for citywide and departmental records management compliance, including inventories, retention schedule, and electronic recordkeeping systems; and
(6)
Create and implement policies to address records management requirements and needs as applicable laws change and technology evolves.
(b)
The records management program requirements, policies and procedures are binding on all officials, employees, temporary custodians, volunteers, contractors, or other individuals, and on all offices, departments, divisions, programs, boards, commissions, committees, task forces and similar entities of the city. All records created shall be maintained, stored, microfilmed or disposed of in accordance with the program, as amended.
(c)
State law relating to the duties, other responsibilities or recordkeeping requirements of city employees do not exempt the employees or the records in the employees' care from the application of this program, and may not be used by the city employee as a basis for refusal to participate in the city's program.
(Ordinance 6887 adopted 11/3/2025)
The Records and Information Coordinator, and any successive holder of that position, shall serve as the records management officer for the City of Sherman. In the event of a prolonged vacancy in the Records and Information Coordinator role, the city clerk shall assume the responsibilities of records management officer until the position is filled. As required by state law, each successive Records and Information Coordinator shall file their name with the Director and Librarian of the Texas State Library and Archives Commission within thirty (30) days of initial designation or assumption of office, as applicable.
(Ordinance 6887 adopted 11/3/2025)
The records management officer shall have the responsibility for, but not be limited to, the following areas of records management:
(1)
Development and circulation of such rules, regulations, and policies as may be necessary and proper to implement and maintain the city's records management program;
(2)
Development and implementation of a confidentiality policy for all inactive records designated confidential and in the physical custody of the city clerk's office, providing such policy does not conflict with any federal or state statutes;
(3)
Provision and maintenance of the municipal records center to store and preserve inactive records prior to disposition;
(4)
Development of a retention and disposition schedule for all municipal records;
(5)
Consultation, education, and assistance to city departments in all areas of records management, including active records maintenance, transfer, and disposition;
(6)
Provision of the Sherman Archives for the permanent preservation of historical records;
(7)
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;
(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 municipality's records control schedules follow state regulations;
(9)
Establish and monitor compliance with standards outlined in the records management program in all city offices and departments and report any concerns or violations to the city clerk, city management, and the city attorney;
(Ordinance 6887 adopted 11/3/2025)
(a)
All city office and department heads, and any successive holder of that position, shall serve as the custodian of records for the area under their supervision. As such, they are responsible for the implementation and operation of effective files operations, records transfers, and dispositions, and other activities in accordance with the provisions of this division with their areas of responsibility.
(b)
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;
(3)
Maintain the records in their 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; and
(4)
Designate records liaisons within their department, or office, and provide the records management officer their names and all file locations under their supervision.
(Ordinance 6887 adopted 11/3/2025)
(a)
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. 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 and report this change to the records management officer. A department head may serve as records liaison officer for his department.
(b)
In addition to other duties assigned in this division, records liaisons shall:
(1)
Disseminate information to department staff concerning records management program;
(2)
Provide coordination between the records management officer and staff in their department to ensure that provisions of this division are complied with. This includes overseeing the application records schedules within the office or department; and
(3)
Submit completed forms and reports to the records management officer for processing and retention after receiving approval from the department head.
(Ordinance 6887 adopted 11/3/2025)
(a)
Appropriate records retention schedules issued by the Texas State Library and Archives Commission shall be adopted for use, as provided by law.
(b)
The records management officer shall prepare amendments or revisions to the schedules as needed. Any destruction of records will be in accordance with said schedules and the Local Government Records Act.
(c)
The records management officer shall submit the records retention schedule to city attorney for review and then the city manager for final approval.
(Ordinance 6887 adopted 11/3/2025)
(a)
Records other than those records defined in this division as records may be disposed of upon approval of the records management officer.
(b)
A notice of proposed destruction or disposition of nonpublic municipal records, including records series titles, descriptions, inclusive dates, and volumes, shall first be given to the records management officer for permanent keeping.
(Ordinance 6887 adopted 11/3/2025)
(a)
The transfer of permanent records shall be made to the records storage site designated by the records management program for perpetual care and preservation. This records storage site shall be according to applicable law and/or regulation. The permanent records of the city shall not be transferred to private individuals, to private historical societies or museums, or to private colleges or universities.
(b)
The city must receive written consent from the director of the state library and archives commission, prior to transferring permanent records to an off-site records storage facility.
(Ordinance 6887 adopted 11/3/2025)
(a)
A "legal hold" of a record is the suspension of any dispositioning or destruction of records involved in reasonably anticipated, present and/or future litigation, public information requests, pending audits or any other legal process in compliance with federal and/or state regulations, even if the destruction of the city record would otherwise be authorized by the certified records retention schedule. Any city officials, employees or other personnel aware of the possibility of litigation, threat of litigation, a public information request or other legal action must immediately notify the records management officer and city clerk. The city clerk and records management officer, in coordination with city management and the city attorney's office, will determine the necessity of the legal hold on records.
(b)
For legal holds:
(1)
The city clerk and records management officer, in coordination with city management and the city attorney, will initiate legal holds on all relevant records by written notification.
(2)
The records management officer will provide a policy on the legal hold process which must:
(3)
The city clerk and records management officer, in coordination with city management and the city attorney, will determine and communicate when a legal hold is lifted, allowing the affected record(s) to resume normal retention and disposition.
(4)
The records management officer will update the policy and guidelines as needed to ensure the continued effectiveness of the legal hold process.
(Ordinance 6887 adopted 11/3/2025)
(a)
All city employees and officials should create and store records electronically to the extent possible and within the procedures of the records management program.
(b)
Retention requirements are the same for emails as they are for paper correspondence. The retention period is determined by the content of the email. When an employee separates from the city, the IT department shall secure and archive email records in accordance with the city's retention schedule.
(Ordinance 6887 adopted 11/3/2025)
The records center operation shall utilize one or more buildings to store inactive records, to ensure the security of such records from deterioration, theft, or damage during the period of storage; to permit fast efficient retrieval of information from stored records; and to provide facilities for a centralized micrographic program.
(Ordinance 6887 adopted 11/3/2025)