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HomeMy WebLinkAboutOrdinances (O-90-797)-12/04/1990 10 11 12 13 14 15 16 17 1 ~~?O )0- ~ :3fJ rtl< . Jtf 2 ORDINANCE 0-90-797 3 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. 4 5 6 7 8 9 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: 19 20 21 22 23 24 25 26 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 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 4 Sec. 2, 5 6 7 8 9 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. 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Ordinance 0-90-797 1 2 (7) "Records management committee" means the committee established in Section 6 of this Ordinance, 3 4 (8) "Records management officer" means the person designated in Section 5 of this Ordinance, 5 (9) "Records management plan" means the plan developed under Section 7 of this Ordinance. 6 (10) "Retention period" means the plan developed under Section 7 of this Ordinance. 7 8 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. 9 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: 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 4 5 6 7 8 9 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. 4 ORDINANCE 0-90-797 1 2 3 Sec, 8. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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; 5 ORDINANCE 0-90-797 1 2 3 (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; 4 5 (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; 6 7 (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; 8 9 10 (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; 11 12 13 (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 14 15 (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 16 17 Sec, 9. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS. 18 in addition to other duties assigned in this Ordinance, Department Heads shall: 19 (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 20 21 22 23 24 6 25 26 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 (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, 4 5 6 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, 7 8 9 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; 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 (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. 4 5 6 7 8 (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, 9 (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 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE 0-90-797 1 2 3 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, 4 5 (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. 6 7 8 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, 9 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. 9 24 25 ORDINANCE 0-90-797 1 2 3 Sec. 17. REPEAL OF ORDINANCE IN CONFLICT. in conflict herewith are hereby to the extent of such conflict. That all Ordinances repealed, but only 4 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. 5 6 7 8 9 Sec. 19. EFFECTIVE DATE. This Ordinance shall be effective from and after the date of its passage. 10 AND IT IS SO ORDERED. 11 12 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 13 conducted on the 14 15 ATTTIS: %'-' ~ .~ ~,~,~~ LaVada Johnson City Secretary CITY OF COLLEYVILLE 16 ~~ Chris Hawkins Mayor 17 18 Z.. ED AS TO FORM AND -~ . (ji;:X;=> Ross T. Foster City Attorney LEGALITY: 19 20 21 22 23 10 26