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HomeMy WebLinkAboutOrd 441-2009 Adopting Records Management Program.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 441-2009 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, REPEALING ORDINANCE NO. 94-08 RECORDS MANAGEMENT ORDINANCE; ADOPTING A RECORDS MANAGEMENT PROGRAM; APPOINTING A RECORDS MANAGEMENT OFFICER AND CALLING FOR DEVELOPMENT OF A RECORDS MANAGEMENT PLAN; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 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, Texas 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; and WHEREAS, the City Council of the City of Anna, Texas is aware that the Texas State Library and Archives Commission, which sets record -retention schedules for municipalities, is in the process of revising the current schedules, with the final schedules expected to be published in the Texas Administrative Code in mid-2009; and WHEREAS, the City Council of the City of Anna, Texas directs the Records Management Officer appointed under this ordinance to incorporate into the Records Management Plan the above -referenced revised record -retention schedules including all applicable Retention Periods when published and effective and to continue to revise the Records Management Plan in the future to remain consistent with such schedules and other applicable State law as amended; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS SECTION 1. DEFINITION — 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 it is open or restricted under the laws of the state, created or received by the City of Anna, Texas or any of its officers or employees Ord. 441-2W9 Records Management Rmvm.doc 1 04-14-09 pursuant to law or in the transaction of public business are hereby declared to be the records of the City of Anna, Texas 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. � i ZT-9-Wel ",I FW $I II I t - 1701 Z U I us _: 4 M Z, I VI_ [01 ",1 (1) -Department Head" means the officer who by ordinance, order, or administrative policy is in charge of an office of the City of Anna, Texas that creates or receives records. (2) "Essential Record" means any record of the City of Anna, Texas necessary to the resumption or continuation of operations of the City of Anna, Texas in an emergency or disaster, to the recreation of the legal and financial status of the City of Anna, Texas, or to the protection and fulfillment of obligations to the people of the state. (3) "Permanent Record" means any record of the City of Anna, Texas 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, Texas, 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 purposes 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 Records 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" mean the persons designated under Section 9 of this ordinance. (7) "Records Management Officer" means the person designated in Section 5 of this ordinance. (8) "Records Management Plan" means the plan developed under Section 6 of this ordinance. . Ord. 441-2009 Records Management PmWamdoc 2 04-14-09 (9) "Records Management Program" means the contents of this ordinance, the Records Management Plan developed and approved under Section 6 of this ordinance, and other mandatory State law provisions governing municipal -records management. (9) "Retention Period" means 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. All Municipal Records as defined in Sec. 1 of this ordinance are hereby declared to be the property of the City of Anna, Texas. 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 she 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, Texas 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. SECTION 5. DESIGNATION OF RECORDS MANAGEMENT OFFICER. The City Secretary, and the successive holders of said office, shall serve as Records Management Officer for the City of Anna, Texas. 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. Llu;j -• its] M:j (a) The Records Management Officer shall develop a Records Management Plan for the City of Anna, Texas for submission to the City Council. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, 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 be designed to enable the Records Management Officer to carry out his or her duties prescribed by state law and this ordinance effectively. Ord. 441-2009 Records Management Progrm.doc 3 04-14-09 (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, Texas and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan. Until Records Management Plan called for under this ordinance is developed by the Records Management Officer and approved by the City Council, the City shall follow its current records management practices, with procedures and practices being modified as necessary to comply with State law. (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 Anna, Texas. • • �011 � JI F-11 11 fit] :4 "1 14 k, 11001 In addition to other duties assigned in this ordinance, the Records Managemeril 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 of and, if appropriate, establish a uniform filing system and a forms design and control system for the City of Anna, Texas; (7) provide Records Management advice and assistance to all Municipal departments by preparation of a manual or manuals of procedure and policy and by on -site consultation; Ord. 441-2009 Records Management Program.doc 4 04-14-09 (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 regulations; (9) disseminate to the City Council and Department Heads information concerning state laws and administrative rules relating to local government records; (10) instruct Records Liaison Officers and • personnel in •• and procedures of the Records Management Plan and their duties in the Records Management Program; (111) 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; (12) ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the City of Anna, Texas records is carried out in accordance with the policies and procedures of the Records Management Program and the requirements of state law; (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; (14) report annually to the City of Anna, Texas on the implementation of the Records Management Plan in each department of the City Council, including summaries of the statistical and fiscal data compiled under Subsection (113); and (15) bring to the attention of the City of Anna, Texas 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, Texas for the efficient and economical management of records and in carrying out the requirements of this ordinance; Ord. 441-2009 Records Management Progmm.doc 5 04-14-09 (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, Texas and the requirements of this ordinance. SECTION 9. 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 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. A Department Head may serve as Records Liaison Officer for his or her department. SECTION 10. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS. .•! -• -• •- - .31-•1 es ass shall: (1) conduct or supervise the conduct of inventories of the records of the department in preparation for the development of Records Control Schedules; 9i ALL=- "0 71TT=777- X1071vis"J" their departme;ts; and (c) disseminate information to department staff concerning the Records Management Program. SECTION 11. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE. WZT.Ter =7*11y =-* *Rim Ord. 441-2009 Records Management Program.doc 6 04-14-09 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 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, Texas. (c) Before its adoption a Records Control Schedule or amended schedule for a department must be approved by the Department Head, the Records Management Officer 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. 1 a] ffl-&-1 I MI.Let I ffil L, 11�01;1:4 ff*@1C:4 01411 1,, 1 R 4 : Niel w 1:4 Bi I I 110 LV I MM 110711 I -TIN •-US 1-0150n 'VMfVZ.FS a! U prot.;L'Ires Or ine 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 Schedule, authorization for the destruction must be obtained by the Records Management Officer from the City of Anna, Texas. SECTION 13. 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 Ord. 441-2009 Records Management Programdoc 7 04-14-09 Officer has submitted to and received back from the director and librarian an approved destruction authorization request. SECTION 14. RECORDS CENTER. A records center, developed pursuant to the Records Management Plan requircli by Section 6, • 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 6. SECTION 16. MICROGRAPHICS. Unless a micrographics program in a department is specifically exempted by order of the City Council, 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 the Municipal 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. SECTION 16. SAVINGS, SEVERABILITY AND REPEALING CLAUSES. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Ordinance No. 94-08 is repealed. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, and phrase be declared unconstitutional or invalid. SECTION 17. PUBLICATION OF THE CAPTION HEREOF AND EFFECTIVE DATE. This ordinance shall be in full force and effective from and after April 14, 2009 and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. Ord. 441-2009 Records Management Program.doc 8 04-14-09 PASSED by the City Council of the City of Anna, Texas, on this 14th day of April, 2009. FA Secretary, Natha Wilkison yv�or, Kenin�efff�15e-lharn OF.4 IYIko X Ord 441-2009 Records Management Program.doc 9 04-14-09