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HomeMy WebLinkAbout1039 11-27-1990ORDINANCE NO. 1039 AN ORDINANCE ESTABLISHING A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF EULESS, TEXAS, UNDER THE AUTHORITY OF CHAPTER 203 OF THE TEXAS LOCAL GOVERNMENT CODE; DEFINING MUNICIPAL RECORDS AND CERTAIN OTHER TERMS; DECLARING MUNICIPAL RECORDS PUBLIC PROPERTY; PROVIDING FOR DEVELOPMENT AND ADOPTION OF A RECORDS MANAGEMENT PLAN; SETTING FORTH THE DUTIES OF THE RECORDS MANAGEMENT OFFICER; SETTING FORTH THE DUTIES AND RESPONSIBILITIES OF DEPARTMENT DIRECTORS; PROVIDING FOR DESIGNATION OF RECORDS LIAISON OFFICERS AND PRESCRIBING DUTIES OF SUCH OFFICERS; PROVIDING FOR DEVELOPMENT, APPROVAL AND IMPLEMENTATION OF RECORDS CONTROL SCHEDULES AND FOR DESTRUCTION OF RECORDS THEREUNDER; PROVIDING FOR DESTRUCTION OF UNSCHEDULED RECORDS; PROVIDING FOR A PENALTY OF UP TO $200.00 FOR VIOLATION OF THE TERMS OF SAID ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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 Euless 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 EULESS, TEXAS: 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 it is open or restricted under the laws of the state, created or received by the City of Euless or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the City of Euless 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. SECTION 2. ADDITIONAL DEFINITIONS (1) "Department director" means the officer who by ordinance, order, or administrative policy is in charge of a department of the City of Euless that creates or receives records. (2) "Essential record" means any record of the City of Euless necessary to the resumption or continuation of operations of the City of Euless in an emergency or disaster, to the re- creation of the legal and financial status of the City of Euless, or to the protection and fulfillment of obligations to the people of the state. (3) "Permanent record" means any record of the City of Euless 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 Euless, 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 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. (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. SECTION 3. MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY All municipal records as defined in Section 1 of this ordinance are hereby declared to be the property of the City of Euless. 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 4. POLICY It is hereby declared to be the policy of the City of Euless to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all city records through a ORDINANCE NO. 1039 2 PAGE 2 OF 7 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 Council has designated through Resolution No. 90 -728, the City Secretary to serve as Records Management Officer for the City of Euless. In the event of the resignation, retirement, dismissal, or removal by action of the City Council of the individual so designated, the City Council shall promptly designate another individual to serve as Records Management Officer. The individual designated as Records Management Officer shall file his or her name with the Director and Librarian of the Texas State Library within thirty days of the date of designation, as provided by state law. SECTION 6. RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF PLAN; AUTHORITY OF PLAN (1) The Records Management Officer shall develop a records management plan for the City of Euless 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 carry out his or her duties prescribed by state law and this ordinance effectively. (2) 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 of Euless and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan. (3) State law relating to the duties, other responsibilities, `or recordkeeping requirements of a department director do not exempt the department director or the records in the department director's care from the application of this ordinance and the records management plan adopted under it and may not be used by the department director as a basis for refusal to participate in the records management program of the City of Euless. 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 directors in its implementation; (2) plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; ORDINANCE NO. 1039 3 PAGE 3 OF 7 (3) in cooperation with department directors, 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; (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 Euless; (7) 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; (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 City's records control schedules are in compliance with state regulations; (9) disseminate to department directors information concerning state laws and administrative rules relating to local government records; (10) instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; (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. (12) ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the City 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 Council on the implementation of the records management plan in each department of the City of Euless; and (15) bring to the attention of the City Council non - compliance by department directors or other City personnel with the policies and procedures of the records management program or the Local Government Records Act. ORDINANCE NO. 1039 PAGE 4 OF 7 4 SECTION 8. DUTIES AND RESPONSIBILITIES OF DEPARTMENT DIRECTORS In addition to other duties assigned in this ordinance, department directors shall: (1) cooperate with the Records Management Officer in carrying out the policies and procedures established in the City of Euless 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 director 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 Euless and the requirements of this ordinance. SECTION 9. DESIGNATION OF RECORDS LIAISON OFFICERS Each department director 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. Persons 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 of Euless maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department director of a person designated as a Records Liaison Officer, the department director shall promptly designate another person to fill the vacancy. A department director may serve as Records Liaison Officer for his or her department. SECTION 10. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS In addition to other duties assigned in this ordinance, Records'Liaison Officers shall: (1) conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules; (2) in cooperation with the Records Management Officer coordinate and implement the policies and procedures of the records management program in their departments; and (3) disseminate information to department staff concerning the records management program. ORDINANCE NO. 1039 PAGE 5 OF 7 5 SECTION 11. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE (1) The Records Management Officer, in cooperation with department directors 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. (2) 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 Euless. Before its adoption, a records control schedule or amended schedule for a department must be approved by the department director. (3) Before its adoption, a records control schedule must be submitted to and accepted for filing by the Director and Librarian of the Texas State Library 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 12. IMPLEKENTATION OF RECORDS CONTROL SCHEDULES; DESTRUCTION OF RECORDS UNDER SCHEDULE (1) A records control schedule for a department that has been approved and adopted under Section 6 shall be implemented by department directors and Records Liaison Officers according to the policies and procedures of the records management plan. (2) 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 director requests in writing to the Records Management Officer that the record be retained for an additional period. (3) Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained from the Records Management Officer. 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 Officer has submitted to and received back from the Director and Librarian an approved destruction authorization request. ORDINANCE NO. 1039 6 PAGE 6 OF 7 SECTION 14. RECORDS CENTER A records center, developed pursuant to the plan required by Section 6, 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 6. SECTION 15. PENALTY FOR VIOLATION Any person, firm or corporation violating this ordinance shall be deemed guilty of thereof, shall be fined in an amount not to shall be deemed a separate offense and shall SECTION 16. SEVERABILITY CLAUSE any of the terms and provisions of a misdemeanor and, upon conviction exceed $200.00. Each such violation be punishable as such hereunder. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 17. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting Council on the 13th day of November, 1990; by a vote of 5 and 0 abstentions; GIVEN SECOND READING AND APPROVED at a the Euless City Council on the 27th day of November of 4 ayes, 0 nays, and 0 abstentions. ATTEST: Susan Crim, City 5ecre ary APPR VED TO FOR City Attorney ORDINANCE NO. 1039 PAGE 7 OF 7 APPROVED: Harold Samuels, Mayor 7 of the Euless City ayes, 0 nays, regular meeting of 1990; by a vote