This article shall be known as the "Records
Management Article."
The City Clerk or his designated Deputy City
Clerk is hereby designated the local records administrator, hereinafter
called the "administrator." The administrator shall establish and
administer a records management program which will apply efficient
and economical management methods to the creation, utilization, maintenance,
retention, preservation and disposal of local records.
The administrator shall, with due regard for
the functions of the agencies concerned:
A.
Establish standards, procedures and techniques for
the effective management of records.
B.
Make continuing surveys of paperwork operations and
recommend improvements in current records management practices, including
the use of space, equipment and supplies employed in creating, maintaining,
storing and servicing records.
C.
Establish standards for the preparation of schedules
providing for the retention of local records of continuing value and
for the prompt and orderly disposal of local records no longer possessing
sufficient administrative, legal or fiscal value to warrant their
further keeping.
D.
Obtain reports from agencies as are required for the
administration of the program.
The head of each agency shall:
A.
Establish and maintain an active, continuing program
for the economical and efficient management of the records of the
agency.
B.
Make and maintain records containing adequate and
proper documentation of the organization, functions, policies, decisions,
procedures and essential transactions of the agency designed to furnish
information to protect the legal and financial rights of the City
and of persons directly affected by the agency's activities.
C.
Submit to the administrator, in accordance with the standards established by him, schedules proposing the length of time each local record series warrants retention for administrative, legal or fiscal purposes after it has been received by the agency. The head of each agency also shall submit lists of local records in his custody that are not needed in the transaction of current business and that do not have sufficient administrative, legal or fiscal value to warrant their further keeping for disposal in conformity with the requirements of § 98-19 of this article.
D.
Cooperate with the administrator in the conduct of
surveys made by him pursuant to the provisions of this article.
E.
Comply with the rules, regulations, standards and
procedures issued by the administrator.
All records made or received by or under the
authority of or coming into the custody, control or possession of
public officials of this City in the course of their public duties
shall not be mutilated, destroyed, transferred, removed, altered or
otherwise damaged or disposed of in whole or in part except as provided
by law.
No record shall be destroyed or otherwise disposed
of by any agency of the City unless it is determined by the administrator
and the governing body that the record has no further administrative,
legal, fiscal, research or historical value.
Nonrecord materials or materials not included within the definition of records as contained in § 98-3 of Article I of this chapter may, if not otherwise prohibited by law, be destroyed at any time by the agency in possession of such materials with the prior approval of the administrator. The administrator may formulate procedures and interpretation to guide in the disposition of nonrecord materials.
The administrator shall promulgate such rules and regulations as are necessary or proper to effectuate the purposes of this article, except that rules and regulations relating to the disposal of records pursuant to § 98-19 of this article shall be issued by the administrator and approved by the governing body.
The administrator shall make a biennial report
to the Governor for transmission to the Legislature. The report shall
describe the status and progress of programs established pursuant
to this article and shall include the recommendations of the administrator
for improvements in the management of records in the City government.
A.
When a City agency institutes a records management
program under the provisions of this article, it is hereby authorized
and directed to furnish the administrator with as many persons in
its employ as he considers necessary to carry on the program; and
such employees shall be under his direction and supervision while
performing the duties connected with the execution of the provisions
of this article; and the agency is, furthermore, authorized and directed
to expend amounts from any funds under its control that the administrator
requests for the purpose of establishing and maintaining a records
management program in the agency.
B.
In the furtherance of a records management program,
a City agency may contract, with the approval of the administrator,
with a reputable records management organization having at least five
years of experience in the techniques of records management operations
for the establishment of a records management program in the agency
and may pay out sums for this purpose from any funds under its control.
Such organization shall give a performance bond with good and sufficient
sureties, payable to the City for a sum not less than the amount of
the contract, and the bond shall be approved by the City Attorney.
All work performed under such contract shall be under the general
direction and supervision of the administrator and shall have his
written approval before any payments are made for such services.
