HomeMy WebLinkAboutOrd 1994-08 Records Management.pdf0 ORDINANCE 1 94-08
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 ANNA 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; NOW
THEREFORE:
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF ANNA
SECTION 1. DEFINITION OF MUNICIPAL 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 THEM IS OPEN OR RES'T'RICTED UNDER THE LAWS OF THE
S'T'ATE, CREATED OR RECEIVED BY THE CITY OF ANNA OR ANY OF ITS
OFFICERS OR EMPLOYEES PURSUANT TO LAW OR IN THE TRANSACTION
OF PUBLIC BUSINESS AREHEREBY DECLARED TO BE THE RECORDS OF
THE CITY OF ANNA AND SHALL BY CREATED, MAINTAINED, AND
DISPOSED OF IN ACCORDANCE WITH THE PROVISIONS OF THIS
ORDINANCE OR PROCEDURES AU'T'HORIZED BY IT AND IN NO OTHER
MANNER.
SECTION 2. ADDITIONAL DEFINITIONS: (1) "DEPARTMENT HEAD"
MEANS THE OFFICER WHO BY ORDINANCE OR ADMINISTRATIVE POLICY
IS IN CHARGE OF AN OFFICE OF THE CITY OF ANNA THAT CREATES OR
RECEIVES RECORDS.
(2) "ESSENTIAL. RECORD" MEANS ANY RECORD OF THE CITY OF ANNA
NECESSARY TO THE RESUMPTION OR CONTINUATION OF ITS
OPERATIONS IN AN EMERGENCY OR DISASTER, TO THE RE-
CREA')'ION OF ITS LEGAL AND FINANCIAL STATUS, OR TO THE
PROTECTION AND FULFILLMENT OF OBLIGATION TO THE PEOPLE
OF THE STATE.
(3) "PERMANENT RECORD" MEANS ANY RECORD OF THE CITY OF ANNA
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 ANNA,
THEIR RETENTION PERIODS, AND OTHER RECORDS DISPOSITION
INFORMATION THAT THE RECORQS MANAGEMENT PROGRAM MAY
REQUIRE.
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(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 MANAGEMENT OFFICER" MEANS THE PERSON DESIGNATED
IN SECTION 5 OF THIS ORDINANCE.
(7) "RECORDS MANAGEMENT PLAN" MEANS THE PLAN DEVELOPED UNDER
SECTION 6 OF THIS ORDINANCE.
(8) "RETENTION PERIOD" MEANS THE MINIMUM TIME THAT MUST PASS
AFTER THE CREATION, RECORDING, OR RECEIPT OF A RECORD,
OR THE FULFILLMENT OF CERTAIN ACTION ASSOCIATED WITH A
RECORD, BEFORE IT IS ELIGIBLE FOR DESTRUCTION.
SECTION 3. MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY: ALL
MUNICIPAL RECORDS AS DEFINED IN SEC.1 OF THIS ORDINANCE ARE
HEREBY DECLARED TO BE THE PROPERTY OF THE CITY OF ANNA. NO
MUNICIPAL OFFICIAL OR EMPLOYEE HAS, BY VIRTUE OF HIS OR HER
POSITION, ANY PERSONAL OR PROPERTY RIGHT TO SUCH RECORDS EVEN
THOUGH HE OR SIZE MAY HAVE DEVELOPED OR COMPILED THEM. THE
UNAUTHORIZED DESTRUCTION, REMOVAL FROM FILES, OR USE OF SUCH
RECORDS IS PROHIBITED.
SECTION 4. POLICY: IT IS HEREBY DECLARED TO BE THE POLICY OF
THE CITY OF ANNA TO PROVIDE FOR EFFICIENT, ECONOMICAL, AND
EFFECTIVE CONTROLS OVER THE CREATION, DISTRIBUTION,
ORGANIZATION, MAINTENANCE, USE, AND DISPOSITION OF ALL
MUNICIPAL RECORDS '.PHROUGH A COMPREHENSIVE SYSTEM OF
INTEGRATED PROCEDURES FOR THEIR MANAGEMENT FROM CREATION TO
ULTIMATE DISPOSITION, CONSTITUENT WITH THE REQUIREMENTS OF
THE TEXAS LOCAL GOVERNMENT RECORDS ACT AND ACCEPTED RECORDS
MANAGEMENT PRACTICE.
SECTION 5. DESIGNATION OF RECORDS MANAGEMENT OFFICER: THE
CITY SECRETARY, SHALL SERVE AS RECORDS MANAGEMENT OFFICER
FOR THE CITY OF ANNA. AS PROVIDED BY STATE LAW, EACII
SUCCESSIVE HOLDER OF THE OFFICE SHALL FILL; 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.
SECTION 6. RECORDS MANAGEMENT ftAN TO BE DEVELOPED: APPROVAL
OF PLAN: AUTHORITY OF PLAN; (A) THE RECORDS MANAGEMENT
OFFICER SHALL DEVELOP A RECORDS MANAGEMENT PLAN FOR THE CITY
OF ANNA FOR SUBMISSION TO THE CITY COUNCIL. THE PLAN MUST
CONTAIN POLICIES AND PROCEDURES DESIGNED TO REDUCE THE COSTS
AND IMPROVE THE EFFICIENCY OF RFCORDKFEPING, TO ADEQUATELY
PROTECT THE ESSENTIAL RECORDS OF THE MUNICIPALITY, AND TO
PROPERLY PRESERVE '.THOSE RECORDS OF THE MUNICIPALITY THAT ARE
OF HISTORICAL VALUE. THE PLAN MUST BY 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 BY THE CITY OF ANNA CITY COUNCIL THE
RECORDS MANAGEMENT PLAN SHALL BE BINDING ON ALL OFFICES,
DEPARTMENTS, DIVISIONS, PROGRAMS, COMMISSIONS, BUREAUS,
BOARDS, COMMITTEES, OR SIMILAR ENTITIES OF THE CITY OF
ANNA AND RECORDS SHALL BE CREATED, MAINTAINED, STORED,
MICROFILMED, OR DISPOSED OF IN ACCORDANCE WITH THE PLAN.
(C) STATE LAW RELA.['ING 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 ANNA.
SECTION 7. 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) PLAN, FORMULATE, AND PRESCRIBE RECORDS DISPOSITION
POLICIES, SYSTEMS, STANDARDS, AND PROCEDURES;
(3) 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;
(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 IF AND, IF APPROPRIATE ESTABLISH
AS UNIFORM FILING SYSTEM AND A FORMS DESIGN AND CONTROL
SYSTEM FOR THE CITY OF ANNA.
(7) 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 REGULATIONS;
(8) DISSEMINATE TO THE CITY COUNCIL AND DEPARTMENT HEADS
INFORMATION CONCERNING STATE LAWS AND ADMINISTRATIVE
RULES RELATING TO LOCAL GOVERNMENT RECORDS;
(9) ENSURE THAT THE MAINTENANCE, PRESERVATION, MICROFILMING,
DESTRUCTION, OR OTHER DISPOSITION OF THE RECORDS OF THE
CITY OF ANNA ARE CARRIED OUT IN ACCORDANCE WITH THE
POLICIES AND PROCEDURES OF THE RECORDS MANAGEMENT
PROGRAM AND THE REQUIREMENTS OF STATE LAW;
(10) MAINTAIN RECORDS ON THE VOLUME OF RECORDS DESTROYED
UNDER APPROVED RECORDS CONTROL SCHEDULES OR THROUGH
RECORDS DESTRUCTION AUTHORIZATION REQUESTS,•THE VOLUME
OF RECORDS MICROFILMED OR STORED ELECTRONICALLY, AND THE
ESTIMATED COST A14D SPACE SAVINGS AS THE RESULT OF SUCH
DISPOSAL OR DISPOSITION;
(11) REPORT ANNUALLY TO THE CITY OF ANNA ON THE
IMPLEMENTATION OF THE RECORDS MANAGEMENT PLAN IN EACH
DEPARTMENT OF THE CITY COUNCIL, INCLUDING SUMMARIES OF
THE STATIS'T'ICAL AND FISCAL DATA COMPLIED UNDER
SUBSECTION (10); AND
(12) BRING TO THE ATTENTION OF THE CITY OF ANNA NON
COMPLIANCE BY DEPARTMENT HEADS OR OTHER MUNICIPAL
PERSONNEL WITH THE POLICIES AND PROCEDURES OF THE
RECORDS MANAGEMENT PROGRAM OR THE LOCAL GOVERNMENT
RECORDS ACT.
SECTION 8. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS.
IN ADDITION TO OTHER DUTIES ASSIGNED IN THIS ORDINANCE,
DEPARTMENT HEADS SHALL:
(1) COOPERATE WITH THE RECORDS MANAGEMENT OFFICER IN
CARRYING OUT THE POLICIES AND PROCEDURES ESTABLISHED IN
THE CITY OF ANNA FOR THE EFFICIENT AND ECONOMICAL
MANAGEMENT OF RECORDS AND IN CARRYING OUT THE
REQUIREMENTS OF THIS ORDINANCE;
(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
(3) MAINTAIN THE RECORDS IN HIS OR HER 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
OF ANNA AND THE REQUIREMENTS OF THIS ORDINANCE.
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SECTION 9. RECORDS CONTROL SCHEDULES TO BE DEVELOPED;
APPROVAL; FILING WITH STATE.
(A) THE RECORDS MANAGEMENT OFFICER, IN COOPERATION WITH
DEPARTMENT HEADS, SHALL PREPARE RECORDS CONTROL
SCHEDULES ON A DEPARTMENT BY DEPARTMENT BASIS LISTING
ALL RECORDS SERIES CREATED. OR RECEIVED BY THE DEPARTMENT
AND THE RETENTION PERIOD FOR EACH SERIES. RECORDS
CONTROL SCHEDULES SHALL ALSO CONTAIN SUCH OTHER
INFORMATION REGARDING THE DISPOSITION OF MUNICIPAL
RECORDS AS THE RECORDS MANAGEMENT PLAN MAY REQUIRE.
(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 ANNA.
(C)
BEFORE ITS ADOPTION A RECORDS CONTROL SCHEDULE OR
AMENDED SCHEDULE FOR A DEPARTMENT MUST BE APPROVED BY
THE DEPARTMENT HEAD AND THE CITY COUNCIL.
(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. IF 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.
SECTION
10. IMPLEMENTATION OF RECORDS CONTROL SCHEDULES;
DESTRUCTION OF RECORDS UNDER SCHEDULE.
(A)
A RECORDS CONTROL SCHEDULE FOR A DEPARTMENT THAT HAS
BEEN APPROVED AND ADOPTED UNDER SECTION 9 SHALL BE
IMPLEMENTED BY DEPARTMENT HEADS 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 IN WRITING TO THE
RECORDS MANAGEMENT OFFICER THAT THE RECORD BE RETAINED
FOR AN ADDITIONAL PERIOD.
(C) PRIOR TO THE DESTRUCTION OF A RECORD UNDER AN APPROVED
RECORDS CONTROL SCHEDULV,.wNUTHORIZATION FOR THE
DESTRUCTION MUST BE OBTAINED BY THE RECORDS MANAGEMENT
OFFICER FROM THE CITY OF ANNA.
SECTION 11. 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.
SECTION 12. THAT THIS ORDINANCE SHALL TAKE EFFECT
IMMEDIATELY FROM AND AFTER ITS PASSAGE, AS THE LAW IN SUCH
CASE PROVIDES.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA; TEXAS, THIS
THE1L,�'I DAY OF 1994.
ATTEST: MAYOR
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