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