HomeMy WebLinkAboutOrdinances (O-90-797)-12/04/1990
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ORDINANCE 0-90-797
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AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION
OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF COLLEYVILLE,
TEXAS; PROVIDING FOR THE DEFINITION OF MUNICIPAL RECORDS;
PROVIDING FOR ADDITIONAL DEFINITIONS FOR RECORDS MANAGEMENT
PROGRAM; PROVIDING FOR OWNERSHIP OF MUNICIPAL RECORDS; PROVIDING
FOR POLICY FOR RECORDS MANAGEMENT PROGRAM; PROVIDING FOR
DESIGNATION OF RECORDS MANAGEMENT OFFICER; PROVIDING
ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE AND DUTIES;
PROVIDING FOR RECORDS MANAGEMENT PLAN TO BE DEVELOPED, APPROVAL
OF PLAN, AUTHORITY OF PLAN; PROVIDING FOR DUTIES OF RECORDS
MANAGEMENT OFFICER; PROVIDING FOR DUTIES AND RESPONSIBILITIES
OF DEPARTMENT HEADS; PROVIDING FOR DESIGNATION OF RECORDS
LIAISON OFFICERS; PROVIDING FOR DUTIES AND RESPONSIBILITIES
OF RECORDS LIAISON OFFICERS; PROVIDING FOR RECORDS CONTROL
SCHEDULES TO BE DEVELOPED, APPROVAL, FILING WITH STATE;
PROVIDING FOR IMPLEMENTATION OF RECORDS CONTROL SCHEDULES,
DESTRUCTION OF RECORDS UNDER SCHEDULE; PROVIDING FOR
DESTRUCTION OF UNSCHEDULED RECORDS; PROVIDING FOR A RECORDS
CENTER; PROVIDING FOR MICROGRAPHICS; PROVIDING FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR
THE SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Title 6, Subtitle C, Local Government Code (Local
Government Records Act) provides that a Municipality
must establish by Ordinance an active and continuing
Records Management Program to be administered by
a Records Management Officer; and
WHEREAS, the City of Colleyville desires to adopt an Ordinance
for that purpose and to prescribe policies and
procedures consistent with the Local Government
Records Act and in the interests of cost-effective
and efficient recordkeeping;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
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Sec, 1. DEFINITION OF MUNICIPALITY RECORDS. 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 of Colleyville or any of
its officers or employees pursuant to law or in the
transaction of public business are hereby declared
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ORDINANCE 0-90-797
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Sec. 2,
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to be the records of the City of Colleyville and
shall be created, maintained, and disposed of in
accordance with the provisions of this Ordinance
or procedures authorized by it and in no other manner.
ADDITIONAL DEFINITIONS.
(1) "Department Head" means the officer who by
ordinance, order, or administrative policy is in
charge of an office of the City of Colleyville that
creates or receives records,
(2) "Essential record" means any record of the City
of Colleyville necessary to the resumption or
continuation of operations of the City of Colleyville
in an emergency or disaster, to the recreation of
the legal and financial status of the City of
Colleyville, or to the protection and fulfillment
of obligations to the people of the State,
(3) "Permanent record" means any record of the City
of Colleyville for which the retention period on
a records control schedule is given as permanent.
(4) "Records control schedule" means a document
prepared by or under the authority of the Records
Management Officer listing the records maintained
by the City of Colleyville, their retention periods,
and other records disposition information that the
records management program may require.
(5) "Records management" 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,
(6) "Records liaison officers" means the persons
designated under Section 10 of this Ordinance.
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Ordinance 0-90-797
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(7) "Records management committee" means the committee
established in Section 6 of this Ordinance,
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(8) "Records management officer" means the person
designated in Section 5 of this Ordinance,
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(9) "Records management plan" means the plan developed
under Section 7 of this Ordinance.
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(10) "Retention period" means the plan developed
under Section 7 of this Ordinance.
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Sec, 3. MUNICIPALITY RECORDS DECLARED PUBLIC PROPERTY, All
Municipali ty records as defined in Section 1 of this
Ordinance are hereby declared to be the property
of the City of Colleyville, No Municipality 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.
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Sec. 4, POLICY. It is hereby declared to be the policy of
the City of Colleyville to provide for efficient,
economical, and effective controls over the creation,
distribution, organization, maintenance, use, and
disposition of all Municipality 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.
Sec. 5, DES IGNATION OF RECORDS MANAGEMENT OFFICER. The City
Secretary, and the successive holders of said office,
shall serve as Records Management Officer for the
City of Colleyville. As provided by State law, each
successive holder of the office shall file his or
her name with the director and librarian of the Texas
State Library within thirty days of the initial
designation or of taking up the office, as applicable.
Sec. 6, ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE; DUTIES,
A Records Management Committee consisting of the
Ci ty Manager, Records Management Officer,
Administrative Assistant, Deputy Finance Director,
and Assistant City Manager is hereby established,
The committee shall:
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ORDINANCE 0-90-797
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Sec. 7,
(a) assist the Records Management Officer in
the development of policies and procedures governing
the Records Management Program;
(b) review the performance of the program on
a regular basis and propose changes and improvements
if needed;
(c) review and approve records control schedules
submitted by the Records Management Officer;
(d) give final approval to the destruction
of records in accordance wtih approved records control
schedules; and
(e) actively support and promote the records
management program throughout the City of Colleyville.
RECORDS
OF PLAN;
MANAGEMENT PLAN TO
AUTHORITY OF PLAN.
BE
DEVELOPED;
APPROVAL
(a) The Records Management Officer and the
Records Management Committee shall develop a records
management plan for the City of Colleyville for
submission to the City Council, The plan must contain
policies and procedures designed to reduce costs
and improve the efficiency of recordkeeping, to
adequately protect the essential records of the
Municipali ty , 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 Ordinance effectively.
(b) Once approved the Ci ty Counc i I the records
management plan shall be binding on all offices,
departments, divisions, programs, commissions, bureaus,
boards, committees, or similar entities of the City
of Colleyville and records shall be created,
maintained, stored, microfilmed.
(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 Ordinance 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 of Colleyville.
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ORDINANCE 0-90-797
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DUTIES OF RECORDS MANAGEMENT OFFICER. In addition
to other duties assigned in this Ordinance, the Records
Management Officer shall:
(1) administer the records management program
and provide assistance to Department Heads in its
implementation;
(2)
disposition
procedures;
plan, formulate, and
policies, systems,
prescribe records
standards, and
(3) in cooperation with Department Heads
identify essential records and establish a disaster
plan for each Municipality 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 of Colleyville;
(7) provide records management advice and
assistance to all Municipality 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 Municipality's records
control schedules are in compliance with State
regulation;
(9) disseminate to the Municipality and
Department Heads information concerning State laws
and administrative rules relating to local government
records;
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ORDINANCE 0-90-797
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(10)
personnel
management
management
instruct Records Liaison Officers and other
in policies and procedures of the records
plan and their duties in the records
program;
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(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 Ordinance;
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(12) ensure that the maintenance , preservation,
microfilming, destruction, or other disposition of
Municipality is carried out in accordance with the
policies and procedures of the records management
program and the requirements of State law;
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(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;
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(14) report annually to the City Council on
the implementation of the records management plan
in each Department of the City of Colleyville,
including summaries of the statistical and fiscal
data compiled under Subsection (13); and
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(15) bring to the attention of the
non-compliance by Department Heads
Municipality personnel with 'the policies and
of the records management program or
Government Records Act.
Ci ty Council
or other
procedures
the Local
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Sec, 9. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS.
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Department Heads shall:
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(1) cooperate with the Records Management Officer
in carrying out the policies and procedures established
in the City of Colleyville for the efficient and
economical management of records and in carrying
out
(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
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ORDINANCE 0-90-797
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(3) maintain the records in his or her care
and carry out their preservation, microfiched,
destruction, or other disposition only in accordance
with the policies and procedures of the records
management program of the City of Colleyville and
the requirements of this Ordinance,
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Sec. 10. DESIGNATION OF RECORDS LIAISON OFFICERS, Each
Department Head shall designate a member of his or
her 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 is 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 records
created and maintained by the Department and shall
have full access to all records of the City of
Colleyville 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 or her
department,
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Sec, 11. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON
OFFICERS, In addition to other duties assigned in
this Ordinance, Records Liaison Officer shall:
(a) conduct or supervise the conduct of
inventories of the records of the Department in
preparation for the develop of records control
schedules;
(b) in cooperation with the Records Management
Officer coordinate and implement the policies and
procedures of the Records Management Program in their
Department; and
(c) disseminate information to Department staff
concerning the Records Management Program,
Sec. 12, RECORDS CONTROL SCHEDULES TO BE DEVELOPED;
FILING WITH STATE,
APPROVAL;
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ORDINANCE 0-90-797
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(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 Municipality records as the records
management plan may require.
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(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 of Colleyville,
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(c) Before its adoption a records control
schedule or amended schedule for a Department must
be approved by the Department Head and the members
of the Records Management Committee.
(d) Before its adoption a records control
schedule must be submitted to and accepted for filing
by the director and librarian as provided by State
law. I f 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,
Sec, 13, IMPLEMENTATION OF RECORDS CONTROL
DESTRUCTION OF RECORDS UNDER SCHEDULE.
SCHEDULES;
(a) A records control schedule for A Department
that has been approved and adopted under Section
7 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
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ORDINANCE 0-90-797
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in writing to the Records Management Committee (or
the Records Management Officer if a Committee has
not been established) that the record be retained
for an additional period,
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(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 Records Management
Committee.
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Sec. 14. DESTRUCTION OF UNSCHEDULED RECORDS, 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 and the Records Management
Officer has submitted to and received back from the
director and librarian an approved destruction
authorization request,
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Sec. 15. RECORDS CENTER. A records center, developed pursuant
to the plan required by Section 7, 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 7,
Sec. 16. MICROGRAPHICS, Unless a micrographics program in
a Department is specifically exempted by order of
the Municipality, all microfilming of records will
be centralized and under the direct supervision of
the Records Management Officer, The Records Management
Plan will establish policies and procedures for the
microfilming of Municipality records, including
policies to ensure that all microfilming is done
in accordance with standards and procedures for the
microfilming of local government records established
in rules of the Texas State Library and Archives
Commission. The plan will also establish criteria
for determining the eligibility of records for
microfilming and protocols for ensuring that a
microfilming program that is exempted from the
centralized operations is, nevertheless, subject
to periodic review by the Records Management Officer
as to cost-effectiveness, administrative efficiency,
and compliance with commission rules.
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ORDINANCE 0-90-797
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Sec. 17. REPEAL OF ORDINANCE IN CONFLICT.
in conflict herewith are hereby
to the extent of such conflict.
That all Ordinances
repealed, but only
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Sec, 18. SEVERABILITY OF THE PARTS. That the terms and
provision of the Ordinance shall be deemed to be
severable and that if the validity of any section,
subsection, sentence, clause or phrase of this
Ordinance should be declared to be invalid in any
Court of competent jurisdiction, the same shall not
affect the validity of any other section, subsection,
sentence, clause or phrase of this ordinance, which
remaining portions shall remain in full force and
effect.
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Sec. 19. EFFECTIVE DATE. This Ordinance shall be effective
from and after the date of its passage.
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AND IT IS SO ORDERED.
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The fi:r~t reading anq. '.~ ublic lAearing being
,5'/)(; day of -.!:L(...frz7' }/)I12t~.'c ., 1990.
The'J~~.lY)lld reading anA/] ~~b:-i9 hearing being
,a(;t . day of -.:L/(u.c.,.J/ck , 1990,
.
The thi))d reading a~ pu~lic! hearing being
L/19 day of ~t-t' .lAldLf/Y , 1990.
conducted on the
conducted on the
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conducted on the
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ATTTIS: %'-'
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LaVada Johnson
City Secretary
CITY OF COLLEYVILLE
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Chris Hawkins
Mayor
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Z.. ED AS TO FORM AND
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Ross T. Foster
City Attorney
LEGALITY:
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