Loading...
HomeMy WebLinkAboutORD 1990-020 ORDINANCE NO. 90-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY; PROVIDING FOR PURPOSE OF RECORDS MANAGEMENT PROGRAM; DESIGNATING THE CITY SECRETARY AS ,�. THE RECORDS MANAGEMENT OFFICER; AUTHORIZING THE CITY SECRETARY TO ESTABLISH AND ADMINISTER THE RECORDS MANAGEMENT PROGRAM AS � RECORDS MANAGEMENT OFFICER FOR THE CITY; PROVIDING DEFINITIONS FOR RECORDS MANAGEMENT PROGRAM; PROVIDING RECORDS MANAGEMENT DUTIES FOR THE CITY SECRETARY, AND CUSTODIAN OF RECORDS; PROVIDING OWNERSHIP OF MUNICIPAL RECORDS, AND THE RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE DESTRUCTION, OR OTHER DISPOSITION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND ALL OTHER MUNICIPAL RECORDS; PROVIDING A PENALTY CLAUSE; PROVIDING REPEALING AND SEVERABILITY CLAUSES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, State law through the Texas Local Government Records Act, enacted by the State Legislature in 1989 under the title H. B. 1285 , as amended from time to time, hereafter referred to as the "Act, " provides that each governing body in local government shall designate a Records Management Officer on or before June 1 , 1990; and WHEREAS, the act requires the governing body of each local ;,�, government to adopt an ordinance, order or plan as appropriate, establishing a records management program on or before January l , 1991; and, WHEREAS, the City of Grapevine in conformity with said Act desires to establish, promote and support an active and continuing program for the efficient and economical management of all City of Grapevine records and cause policies and procedures to be developed for the administration of the program under the direction of the Records Management Officer; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That the City Council of the City of Grapevine, Texas, does hereby establish and adopt a management program for the orderly and efficient retention, retrieval and destruction of the records of the City of Grapevine, Texas, as follows: "Sec. l . Definitions � �* Record. Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, maqnetic �rrr tape, electronic medium, or other information recording medium, 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 officers or employees pursuant to law, including an ordinance, or in the transaction of public business are hereby declared to be records of the City, and shall be created, maintained, and disposed of in accordance with the provisions of this ordinance and the provisions of the Act. The term does not include: A. Extra identical copies of documents created only for convenience of reference or research by officers or employees of the City; B. Notes, journals, diaries, and similar documents created by an officer or employee of the City for the officer' s or employee' s personal convenience; „�,,,�, C. Blank forms; D. Stocks of publications; �"' E. Library and museum materials acquired solely for the purposes of reference or display; or F. Copies of documents in any media furnished to members of the public to which they are entitled under Article 6252-17a, Vernon' s Texas Civil Statutes or other State law. City. The City of Grapevine, Texas. City Manager. The City Manager of the City. Commission. The Texas State Library and Archives Commission. Custodian of the Records. The appointed or elected public officer who by the State Constitution, State law, ordinance, or administrative policy is in charge of an office that creates or receives local government records. For the purpose of this Ordinance, a custodian is a City Department Head, under the administration of the City *��° Manager who is responsible for all records created or received in his/her department. `'�""� Director and Librarian. The executive and administrative officer of the Texas State Library and Archives Commission. Essential Record. Any City record necessary to the resumption or continuation of government operations in an emergency or disaster, to the re-creation of the legal and financial status of the City, or to the protection and fulfillment of obligations to the people of the State. Governing Body. The City Council of the City. Office. Any office, department, division, program, commission, bureau, board, committee, or similar entity of the City. Permanent Record/Record of Permanent Value. Any City record for which the retention period on a records retention schedule issued by the Commission is given as permanent. � Records control schedule. A document prepared by or under the authority of a Records Management Officer i�,�,,, listing the records maintained by the City, their retention periods, and other records disposition information that the records management proqram in the City or State law may require. Records Management. 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. Records Management Officer. The City Secretary of the City and his/her designee. �, Records retention schedule. A document issued by the Commission under authority of Subchapter J, Chapter 441 , Government Code establishing mandatory retention periods for City records. � Retention period. 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. Sec. 2. Designation of Records Management Officer, Establishment and Administration of Grapevine Records Management Program A. That the Office of City Secretary is authorized to establish and administer the Records Management Program for the City, pursuant to legal, fiscal, administrative, and archival requirements and the City Secretary, and his/her designee, is hereby named Records Management Officer, who shall administer the provisions of this ordinance. That to this end, the City Secretary will implement, but not be limited to, a program to encompass such areas of records management as are required to preserve and keep in order all books, papers, documents, records and files of the City Council and of ��� the executive departments to achieve the following goals: l. Release space and reduce the need for storage and `"�° filing equipment; 2 . Establish an efficient retrieval operation for both active and inactive City records; 3 . Provide for routine disposition of paperwork; 4. Maintain total security over City records; 5. Communicate the need of an effective Records Management Program; and, 6 . Secure a central records storage facility which can be operated and maintained by records management staff. Sec. 3. Purpose of Records Management Program That this Ordinance shall be known and may be cited as the ' Records Management Program of the City of Grapevine, Texas, ' providing for the proper and efficient �^^ management of the records of the City. Since the citizens of the City have a right to j�„�,, expect efficient and cost-effective government and recognizing the importance of local government records in the lives of all citizens, the efficient management of City records is necessary to the effective and economic operation of the City, the preservation of records of permanent value is necessary to provide the people of the State with resources concerning their history and to document their rights of citizenship and property, and the establishment of uniform standards and procedures for the maintenance, preservation, microfilming, or other disposition of City records is necessary to fulfill the higher public purpose. Sec. 4 . City Records Declared Public Property Al1 City records as defined in Sec. 1. herein 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. �„� Sec. 5. 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 City records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. Sec. 6 . Duties of Records Management Officer A. The Records Management Officer shall have the following duties, and others as assigned by the City Manager and as provided by State law: 1 . Assist in establishing and developing policies and procedures for a Records Management Program for the City, which program shall include basic files management and records disposition policies, systems, standards and procedures; 2. Administer the Records Management Program and provide assistance to custodians for the � �� purposes of reducing the costs and improving the efficiency of recordkeeping; "``� 3. In cooperation with the custodians of the records: a. Prepare and file with the Director and Librarian before January 2, 1995, the records control schedules and the list of obsolete records, required by the Act; b. Prepare and file with the Director and Librarian amended schedules as needed to reflect new records created or received by the City. c. Prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by the Act, of requests to destroy the originals of permanent records that have been microfilmed, and of electronic storage authorization requests; �* 4 . In cooperation with custodians of the records, identify and take adequate steps to preserve � City records that are of permanent value; 5 . In cooperation with custodians of the records, identify and take adequate steps to protect essential City records; 6 . In cooperation with custodians of the records, ensure the maintenance, preservation, microfilming, destruction or other disposition of records is carried out in accordance with the policies and procedures of the City' s Records Management Program and requirements of State law; 7. Report annually to the City Manager on program effectiveness; 8 . Provide records management advice and assistance to all City offices and departments, by preparation of manuals of procedure and policies and by on-site consultation; �,.�,. 9 . Carry out destruction and transfers that are required by records schedules, and carry out microphotography tasks when staff and central facility becomes available; � 10. Design and manage the operations of a Records Center for the low cost storage of inactive records and as a future site for a centralized micrographics program; 11. Develop a City wide forms design and control system; 12. 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; 13. Bring to the attention of the City Manager any office not in compliance with laws or ordinances regarding public access to information or protection of privacy; ��� 14. Disseminate to the City Council and the City Manager and custodians of the records information concerning State laws, `"�"' administrative rules, and the policies of the City relating to City records through a records manual which may be amended from time to time and other means of communication; and, 15. In cooperation with custodians of the records, establish procedures to ensure that the handling of records in any context of the Records Management Program by the Records Management Officer or those under the Officer' s authority is carried out with due regard for the duties and responsibilities of custodians of the records that may be imposed by law and the confidentiality of information in records to which access is restricted by law. Sec. 7. Duties and Responsibilities of Custodians of the Records A. Custodians of the records of the City shall: ,�* l. Cooperate with the Records Management Officer in carrying out the policies and procedures established by the City for the � efficient and economical management of records and in carrying out the requirements of the Act; 2 . Adequately document the transaction of City business and the services, programs, and duties for which the custodian of the records and the custodian' s staff are responsible; 3 . Maintain the records in the custodian' s care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the City' s Records Management program and the requirements of the Act and rules adopted thereunder; and 4 . Designate records officers within their offices and provide the Records Management Officer the names of the designees and all �„ persons working under their supervision, such records officers to report directly to the custodian of the records in their department on matters relating to the `�"' Records Management Program and have full access to all files in their respective departments. B. State law relating to the duties, other responsibilities, or recordkeeping requirements of a custodian of local government records does not exempt the custodian of the records or the records in the custodian' s care from the application of this ordinance and rules adopted by the State under the Act and may not be used by the custodian of the records as a basis for refusal to participate in the City of Grapevine Records Management Program, the establishment of which is required by State law. Sec. 8. Microfilming of records For the purpose of this section, 'microfilm' means roll microfilm, microfiche, and all other formats e��- produced by any method of microphotography or other means of miniaturization on film. �" For the purpose of this section, 'microfilming' means the methods, procedures, and processes used to produce roll microfilm, microfiche, or other microphotographic formats. Al1 microfilming activities by custodians must be carried out on or after April 1, 1990, under rules established by the Commission which rules will establish standards and procedures for the microfilming of City records under Chapter 204 of the Act. All microfilm produced before June 1, 1990 , under law prior to the Act is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law. All City procedures and materials used for microfilm and microfilming City records shall be done and acquired under the aegis of State law, and the City will be subject to all the law, rules, standards and procedures as outlined in the Act. �** Sec. 9 . Electronic Storage of Records For the purpose of this section, 'electronic y�,,, storage' means the maintenance of local government record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar machine-readable medium. For the purpose of this section, ' source document' means the City record from which record data is obtained for electronic storage. The term does not include backup copies of the data in any media generated from electronic storage. Any City record data may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of the Act and rules adopted under it. The City will be subject to rules established by the Commission for standards and procedures for electronic storage and will be subject to the provisions of Chapter 205 of the Act. " � Section 2. Upon the adoption of this Ordinance, the City Secretary is directed to file with the director and librarian �; within thirty (30) days the name and office of the Records Management Officer of the City and a copy of this Ordinance which establishes the Records Management Program of the City of Grapevine, Texas. Section 3 . Any individual, association or corporation violating any portion or provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction therefore, shall be punished by the assessment of a fine not to exceed Five Hundred Dollars ($500 . 00) , and a separate offense shall be deemed committed upon each day during on or which a violation occurs or continues. Section 4 . All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of conflict only. Section 5 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto is declared invalid by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such '�""" invalidity, which remaining portions shall remain in full force and effect. �,.,,.� Section 6 . The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance take effect from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of April , 1990 . APPROVED: William D. Tate Mayor "�" ATTEST: �rrr . Lin a Huff City Secretar APPROVED AS TO FORM: � ���X_ti�-:�c-��-- � � Adrienne C. Leonard City Attorney