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HomeMy WebLinkAboutORD 1887 Amending Records Management OrdinanceCITY OF WEST UNIVERSITY PLACE ORDINANCE NUMBER 1887 AN ORDINANCE OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, AMENDING ARTICLE IV, CHAPTER 2 OF THE CODE OF ORDINANCES, PERTAINING TO RECORDS MANAGEMENT; UPDATING THE RECORDS MANAGEMENT PROGRAM; ADOPTING A RECORDS MANAGEMENT PLAN; REPEALING ORDINANCE NUMBER 1390; ; AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE SUBJECT WHEREAS, Title 6, Subtitle C of the Texas Local Government Code (known as the 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 Council of the City of West University Place, Texas ("City Council") investigated and determined that the City's existing records management program needed to be reviewed and updated in order to more clearly and comprehensively establish a records management program to be implemented by the City of West University Place, Texas ("City"); and WHEREAS, City staff has prepared a records management plan which prescribes policies and procedures consistent with the Local Government Records Act and in the interests of cost- effective and efficient recordkeeping; WHEREAS, the City Council has investigated and determined that Ordinance Number 1390 should be repealed and a records management plan be adopted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Repeal of Ordinance Number 1390. Ordinance Number 1390 is repealed upon the effective date of this Ordinance. Such repeal shall not affect the applicability and/or enforceability of the City's records management program in effect before the effective date of this Ordinance. This Ordinance shall apply prospectively from the effective date hereof. SECTION 3. Article VI of Chapter 2 (Sections 2-193 through 2-225) of the Code of Ordinances of the City of West University Place, Texas, is hereby amended to read in its entirety as follows: ARTICLE VI. RECORDS MANAGEMENT Section 2-193. Definition of City Records. A. 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 or any of its Ordinance Number 1887 officers or employees pursuant to law, including an ordinance, or in the transaction of public business, except as provided below, are hereby declared to be the records of the City and shall be created maintained and disposed of in accordance with the provisions of this Article or as defined in the Texas State Library's Retention Schedule. . B. The term "records" does not include: extra identical copies of documents created only for convenience of reference or research by officers or employees of the City; 2. notes, journals, diaries, and similar documents created by an officer or employee of the City for the officer's or employee's personal convenience; 3. blank forms; 4. stocks of publications; 5. library and museum materials acquired solely for purposes of reference or display; 6. copies of documents in any media furnished tomembers of the public to which they are entitled under Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statures), or other state law; or 7. any other items heretofore or hereafter excepted from the definition of "records" or the scope of the Local Government Records Act under or pursuant to state law. Section 2-194. Additional Definitions. A. "Department head" means the officer who by ordinance, order or administrative policy is in charge of an office of the City that creates or receives records. B. "Vital record" means any record of the City necessary to the resumption or continuation of operations of the City in an emergency or disaster, to the re-creation of the legal and financial status of the City, or the protection and fulfillment of obligations to the people of the state. C. "Permanent record" means any record of the City for which the retention period on a records control schedule is given as permanent. D. "Records control schedule" means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City, their retention periods, and other records disposition information that the records management program may require. E. "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 vital 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 Page 2 Ordinance Number 1887 other records storage systems. F. "Records liaison officers" mean the persons so designated in accordance with this Article. G. "Records management committee" means established as such in this Article. H. "Records management officer" means the person so designated in this Article. 1. "Records management plan" means the plan so developed under this Article. J. "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. Section 2-195. City Records Declared Public Property. All City records as defined in this Article are hereby declared to be the property of the City. No City 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 2-196. Policy. It is hereby declared to be the policy of the City to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all the City's records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirement of the Texas Local Government Records Act and accepted records management practice. Section 2- 197. Designation of Records Management Officer. The City Secretary, and the successive holders of said office, shall serve as Records Management Officer for the City. 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 (30) days of the initial designation or of taking up the office, as applicable. Section 2-198. Establishment of Records Management Committee; Duties. A Records Management Committee consisting of the Records Management Officer, the City Manager, the Director of Finance and Administration, the Director of Public Works, the Fire Chief; the Chief of Police, the Director of Information Technology, and the Director of Human Resources , is hereby established. The committee shall: 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; Page 3 Ordinance Number 1887 D. give final approval to the destruction of records in accordance with approved records control schedules; and E. actively support and promote the records management program throughout the City. Section 2-199. Records Management Plan to be Developed; Approval of Plan; Authority of Plan. A, The Records Management Officer and the Records Management Committee shall develop a records management plan for the City 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 City, and to properly preserve those records of the City that are of historical value. The plan must be designed to enable the Records Management Officer to effectively carry out his or her duties prescribed by state law and this Article. B. Once approved by the 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, and records shall be created, maintained, electronically stored, or disposed of in accordance with the plan. 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 Article 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. Section 2-200. Duties of Records Management Officer. In addition to other duties assigned in this Article, the Records Management Officer shall: A. administer the records management program and provide assistance to department heads in its implementation; B. plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; C. in cooperation with department heads identify essential records and establish a disaster plan for each City office and department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense; D. develop procedures to ensure the permanent preservation of the historically valuable records of the city; E. establish standards for filing and storage equipment and for recordkeeping supplies; F. study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the City. G. provide records management advice and assistance to all City departments by preparation of a manual or manuals of procedure and policy and by on-site consultation; Page 4 Ordinance Number 1887 H. 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 City's records control schedules are in compliance with state regulations; I. disseminate to the Council and department heads information concerning state laws and administrative rules relating to local government records; instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; K. 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 Article; L. ensure that the maintenance, preservation, microfilming, electronic storing, destruction, or other disposition of records is carried out in accordance with the policies and procedures of the records management program and the requirements of state law; M. maintain records on the volume of records destroyed under approved records control schedules, the microfilmed or stored electronically, and and space savings as the result of disposition; N. bring to the attention of the Council non-compliance by department heads or other Council personnel with the policies and procedures of the records management program or the Local Government Records Act. Section 2-201 . Duties and Responsibilities of Department Heads. In addition to other duties assigned in this Article, department heads shall: A. cooperate with the Records Management Officer in carrying out the policies and procedures established in the City for the efficient and economical management of records and in carrying out the requirements of this Article. B. 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 C. 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 and the requirements of this Article. Section 2-202. 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 Officer specified by the Records Management Officer. Personnel designated as Records Liaison Officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the City maintained by the department. Page 5 Ordinance Number 1887 In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy and report this change to the Records Management Officer. A department head may serve as Records Liaison Officer for his or her department. Section 2-203. Duties and Responsibilities of Records Liaison Officer. In addition to other duties assigned in this Article, Records Liaison Officers shall: A. conduct or supervise the conduct of inventories of the records of the department in preparation for the development 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 departments; and C, disseminate information to department staff concerning the records management program. Section 2-204. Development, Approval and Filing of Records Control Schedules. 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 City 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 record keeping procedures and needs of the department and the records management program of the City. C. Before a records control schedule is amended within a department, a request must be submitted to the Records Management Officer on the state form. Once received by the Records Management Officer, that amendment will be submitted to the Texas State Library and Archives for approval. Once approval has been received, the record series will be added to the department schedules. D. The state schedules adopted by the City are incorporated herein by reference as if fully set forth at length. Section 2-205. Implementation of Records Control Schedules; Destruction of Records Under Schedule. A. The City has submitted and been approved to follow the state retention schedules by the Director of the Texas State Library and Archives. These schedules 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 a public information 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 Committee that the record be retained for an additional period of time. If the record series will be kept for a longer period of time, the Records Page 6 Ordinance Number 1887 Management Officer will follow the procedures in accordance with Section 2-204 of this Article. 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 and the Records Management Committee. D. Records may also be destroyed as authorized by Chapter 204 of the Texas Local Government Code (relating to microfilming) or by other applicable state law. Section 2-206. 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 of the State Library and Archives Commission an approved destruction authorization request. Section 2-207. Off-site Records Facility. An offsite records retention facility, developed pursuant to the plan required by this Article, shall be under the direct control and supervision of the Records Management Officer. Policies and procedures regulating the operations and use of the records facility shall be contained in the records management plan developed under this Article. Section 2-208. Electronic Records Storage. Electronic storage of records will be under the direct supervision of the Records Management Officer. The records management plan will establish policies and procedures for the electronic storage of City records, including policies to ensure that all electronic storage is done in accordance with standards and procedures for the electronic storage 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 electronic storage, and protocols for ensuring that a electronic storage 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 4. This ordinance shall take effect upon its passage and approval and shall coincide with the Records Management Plan. Existing records retention schedules shall continue to be applicable until they are replaced by new schedules adopted under the amended Article adopted by this ordinance. SECTION 5. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Page 7 Ordinance Number 1887 SECTION 6. If any word, phrase, clause, sentence, paragraph, section or other part of this ordinance or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this ordinance and the application of such word, phrase, clause, sentence, paragraph, section or other part of this ordinance to any other persons or circumstances shall not be affected thereby. SECTION 7. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Open Meetings Law, TEX. REV. CIV. STAT. ANN. art. 6252-17, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. 0 AL ~00! PASSED AND APPROVED ON FIRST READING this /I Voting Aye: Voting No: A)00 Absent: /L) PASSED AND APPROVED ON SECOND READING this day of !U 9. Voting Aye: b~ b4.1, i Voting No: /Jg7v ~ Absent: /v p-ri-.f-- Signed: - Z11-64 - Bob Kel , May ATTES Approved as to Form: UN Y e~ el ' City Secretary Alan Petrov, City Attorney a '0 = r a v ( E L) s ~ TEXAS Page 8