Loading...
HomeMy WebLinkAboutORD 1322 - ORD Providing Establishment & Administration of Records and Information Management Program 116 ORDINANCE NUMBER 1322 I ~ AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS AND INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF WEST UNIVERSITY PLACE, TEXAS; PROVIDING FOR DESTRUCTION OF RECORDS; PROVIDING FOR THE MICROPHOTOGRAPHY OF CITY RECORDS; AMENDING THE CODE OF ORDINANCES AND CONTAINING FINDINGS AND PROVISIONS RELATED TO THE SUBJECT. WHEREAS, Sections 181.001 et seq of the Texas Local Government Code, provides that any incorporated city may adopt an ordinance providing for the microphotography, destruction, or other disposition of public records; and WHEREAS, the/City Council of the City of West University Place, .Texas, desires to provide for the development of an on-going records management program for systematic analysis and control of records creation, retention, retrieval, and the proper destruction of the city's records. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: t f Section 1. That Chapter 2 of the Code of Ordinances of the City of West University Place is hereby amended by adding thereto a new Article IX, which shall read as set out in Exhibit A, attached, which is hereby incorporated into this ordinance by this reference for all purposes. I ~ Section 2. 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 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. Section 4. 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. I i I i L..-..J Ordinance Number 1322 o PASSED AND APPROVED ON SECOND AND FINAL READING this -1it!l day of Auqust ,1988. ,Councilmembers Voting Aye: Mayor Parks, Councilmembers Bryan, Britton Councilmembers Voting No: None CouncilmembersAbsent: Councilmembers Bell, Schwartzel Si gned: o Michael L. Parks, Mayor ATTEST: Audrey Nichols City Secretary Approved as to Form: (SEAL) James L. Dougherty, Jr. City Attorney o 117 118 ORDINANCE NUMBER 1322 I EXHIBIT "A" ARTICLE IX. RECORDS AND INFORMATION MANAGEMENT Section 2-111. DEFINITION OF CITY RECORDS. (a) The term "records" means all papers, books, reports, maps, plans, photographs, sound and video recordings, microform, magnetic or paper tape, or other documentary material regardless of physical form or characteristic, which have been or shall be created, received by any city office or department or its lawful successor, of officials thereof in pursuance of law or ordinance or in connection with the conduct, transaction, or performance of any business, duty, or function of public business, and preserved for any period of time by that department as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of this municipal government or because of the informational value of data in them. The following are excluded from the definition of records: (i) library and museum materials acquired solely for reference, exhibit, or display, and (ii) duplicates, which are copies of records held elsewhere by the City. (b) More specific definitions of records consistent with this code, shall be provided in the appropriate policies and procedures of the program established hereby. ~ Section 2-112. RECORDS DECLARED CITY PROPERTY. All records and duplicates as defined in this Article are hereby declared to be 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 or duplicates even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records or duplicates is prohibited. Provided, however, that City records or duplicates exempted from public disclosure under State or federal law shall not be made subject to disclosure by their designation as City property under this section. Section 2-113. POLICY AND PURPOSE. It is hereby declared to be the policy of the City to develop a Records and Information Management Program that provides for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. Section 2-114. RECORDS AND INFORMATION MANAGEMENT RESPONSIBILITY ESTABLISHED. There is hereby established a Records and Information Management Program. The City Secretary shall administer the Records and Information Management Program and shall be responsible for city-wide files management and the direction and control of the City's - ~ I ~ 119 Exhibit A, Ordinance Number 1322 o records dispositiOriprogram. The City Manager shall assist the City Secretary in this regard. Section 2-115. DUTIES OF CITY SECRETARY. The City Secretary sha 11 have the fo 11 owi ng duties, and others as ass i gned by the City Manager; however, any duties so assigned shall be limited to records management activities. 1. The organi zation, by cooperation of all City Departments I personne 1, of a phys i ca 1 inventory of all City records. 2. The conduction of an appraisal process of all inventoried records. 3. The development of procedures and gu i del i nes for utili za t ion of microphotographic equipment. 4. The development and coordination of automated information systems. 5. Plan, formulate"and prescribe, basic files management and records disposition policies, systems, standards, and procedures consistent with this Article. o 6. Prepare proposed records retention and disposition schedules in cooperation with department heads for all City departments; define'and identify vital and permanent records, and make recommendation to the City Council as to retention periods for all records. 7. Review retention schedules annually and recommend updates or amendments as needed. o , , 8. Coordinate'the city-wide files management and records disposition programs and report same to the City Manager on program, effecti veness in" each Ci ty department. 9. Provide records management advice and assistance to all City offices and departments, by preparation of manuals of procedures and policies and by on-site consultation. 10. Develop, disseminate, and coordinate files maintenance and .recordsudisposition procedures, including but not limited to those prescribed by this ordinance, to meet the current and long~term:informationneeds of the City. 11. Train departmental Records Officers and other personnel in the fundamentals of records management and their duties in the records ,management program. ,j 12. Carry out, at the proper time, actions such as microphotography, destruction, and transfers that are required by records schedules. 2 '--_'---1..... --'" L-.-:..I 120 Exhibit A, Ordinance Number 1322 13. Design and manage the operations of a records center for the low-cost storage of inactive records. ! i , I 14. Control and procurement of, and the establishment and monitoring of compliance with standards for, filing and storage equipment and supplies in all city departments. Report to the City Manager failure of any officer or department to comply with standards. Keep careful records of savings in equipment, supplies, and staff costs realized by each department of the city through implementation of the records management program, including the amount of storage space and equipment released for other uses. 15. Develop a city-wide forms design and control system. 16. Establish in cooperation with other responsible city officials a disaster plan for each city office and department to insure maximum availability of records for re-establishing operations quickly and with minimum disruption and expense. 17. Develop procedures to insure the permanent preservation of the historically valuable records of the city. 18. Protect privacy and assure availability of public information from records stored in records center; bring to attention of City Manager any office not in compliance with laws or ordinances regarding public access to information or protection of privacy. I '~ Section 2-116. RESPONSIBILITIES OF CITY DEPARTMENT HEADS. All city Department Heads are responsible for the implementation and operation of effective files operations, records transfers and dispositions, and other activities in accordance with the provisions of this Article within their areas of responsibility. They shall designate Records Officers within their offices and provide the City Secretary the names of such designees and of all file stations and files custodians under their supervision. Persons designated as Records Officers shall report directly to the head of their department on matters relating to the records management program and should have appropriate access to all files in their department. Section 2-117. RESPONSIBILITIES OF RECORDS OFFICERS. The Records Officer in each office and department is responsible for providing coordination between the City Secretary and personnel in his/her office to ensure that provisions of this Article are followed. This responsibility shall include overseeing the application of records schedules within the office or department. Section 2-118. CITY OFFICES TO USE RECORDS SCHEDULES. All city offices and departments shall observe and comply with records retention schedules adopted pursuant to this Article. ~~ 3 121 Exhibit A, Ordinance Number 1322 o Section 2-119. DEVELOPMENT OF RECORDS RETENTION AND DISPOSITION SCHEDULES. Records;-retention .schedules shall beestabllshed by the Ci ty Council and may be amended by the City Council upon the recommendation of the Records Management Committee consisting of the following personnel: City Attorney, City Secretary, City Manager and all Department Heads. Section 2-120. DESTRUCTION OF RECORDS. (a) Records may not be be destroyed except as authorized by this section. (b) Except as provided in Section 181.005 of the Texas Local Government Code: o (e) Duplicates may be destroyed by any department of the City after they are no longer needed for current use. This is legal authorization for their destruction. n Section 2-121. RECORDS CENTER. The Records Center operation shall utilize one or more buildings to store inactive records; to insure the security of such records from deterioration, theft, or damage during the period of storage; to permit fast, efficient retrieval of information from stored records. Section 2-122. PRESERVATION OF PERMANENT RECORDS. The City Secretarysha 11 devel opprocedures to,i nsure the permanent preservation of the historically valuable records of, the city. If city-owned' , 4 .I~ L ~ ,rr1rrTIJ..:c"," _,_,-,,__,-,_,_,",'-'--"-'l.!-"-'l"-"-'--'lj_<..l1jilWjil~'_IIr" . "Til""" 122 Exhibit A, Ordinance Number 1322 facilities are not available, the City Secretary shall arrange for the -~ transfer of the records to the Texas State Library for perpetual care and preservation in one of its nearby Regional Historic~l Resource ~ Depositories, or shall make other arrangements for their permanent preservation not contrary to law or regulation. Section 2-123. NON-CURRENT RECORDS NOT TO BE MAINTAINED IN OFFICE FILES. Records no longer required in the conduct of current business by any office of the city shall be promptly transferred to the Records Center or archives or the State Library, or be destroyed, at the time such action is designated on an approved records schedule. Such records shall not be maintained in current office files or equipment. Section 2-124. MICROGRAPHICS PROGRAM ESTABLISHED. A coordinated micrographics program shall be designed and implemented by the City Secretary to serve all city offices and departments. No office or department shall operate a separate micrographics program, and no city funds may be expended to film, or to contract with a service company to film, any city records, except through the authorization of the City Secretary. Section 2-125. RECORDS TO BE MICROPHOTOGRAPHED. The City Secretary shall determine how long the various records of the city could be stored before the cost of storage during their retention periods would exceed the cost of preserving them in microform. Records J determined by the City Secretary to be more economically stored on microform shall be microphotographed (but may not be destroyed except ' ~~ in accordance with Section 2-120, above). In addition, the City Secretary shall include the following types of records in the micrographics program: (1) Those which the City Secretary determines are of historical value and whose preservation is best insured by microphotographing the records on archival quality film. (2) Those which because of the nature of the information they contain are indispensable, to the continued operations of an office and, therefore, should be microphotographed to provide a security copy. (3) Those which because of high volume use require frequent and/or large numbers of copies to be made'which could be made most efficiently or economically through microfilm. Section 2-126. MICROGRAPHICS STANDARDS. Microfilm used for archival or security purposes must meet the technical standards for quality, density, resolution, and definition of the American National Standards Institute (formerly the United States of America Standards Institute) as required by law, except that microfilm intended only for short term use, the master negatives for archival or security purposes shall not be used for making use copies and, if deemed feasible by the City Secretary, shall be stored off-site under the environmental and security standards of the American National Standards Institute. Microform records must be indexed. The City Secretary or authorized -~I I ----J 5 123 Exhibit A, Ordinance Number 1322 c deputy shall checkjand certify that a microform record is a true and accurate duplication of the original record and shall cause to be included as part of the microform record certification images to that effect. Section 2-127. ACCESSIBILITY OF RECORDS ON MICROFORM. The public is hereby given identical access to records on microform to which they would be entitled under law if the records were in any other medium. [I [I 6