2004M13-RECORDS MANAGEMENTORDINANCE NO. ~~'~-/77- /~
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ TEXAS
ESTABLISHING RECORDS MANAGEMENT ORDINANCE AND
APPOINTING A RECORDS MANAGEMENT OFFICER; AND
PROVIDING A REPEALING CLAUSE.
WHEREAS, Title 6, subtitle C, Local Government Code (Local Government Records
Act) provides that a CITY COUNCIL must establish by ORDINANCE an active and
continuing records management program to be administered by a Records Management
Officer; and
WHEREAS, the CITY OF SCHERTZ 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 SCHERTZ, TEXAS'
SECTION 1. DEFINITION OF MUNICIPAL RECORDS.
Municipal records includes 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 SCHERTZ 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 SCHERTZ and shall be created, maimained, and disposed of in accordance with the
provisions of this ORDINANCE or procedures authorized by it and in no other manner.
The materials excluded from the term "local government record" in Section 201.003 of
the Local Government Records Act are .not municipal records for purposes of this
ordinance.
SECTION 2. ADDITIONAL DEFINITIONS.
(1) "Department head" means the officer who by ordinance, order, or
administrative policy is in charge of an office of the CITY OF SCHERTZ that creates or
receives records.
(2) "Essential record" means any municipal record of the CITY OF SCHERTZ
necessary to the resumption or continuation of government operations of the CITY OF
SCHERTZ in an emergency or disaster, to the recreation of the legal and financial status
of the CITY OF SCHERTZ, or to the protection and fulfillment of obligations to the
people of the state.
(3) "Permanent record" means any municipal record of the CITY OF SCHERTZ
for which the retention period on a records control schedule issued by the Texas State
Library and Archives Commission 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 SCHERTZ, 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 10 of
this ORDINANCE.
(7) "Records management officer,"
this ORDINANCE.
means the person designated in Section 5 of
(8) "Records rnanagement p lan" rneans t he p lan established 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 Sec. 1 of this ordinance are hereby declared to be public
property. No municipal official or employee has, by virtue of his or her position, any
personal or property fight 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
SCHERTZ to provide for efficient, economical, and effective controls over the creation,
distribution, organization, maintenance, use, and disposition of all municipal records
through a comprehensive system of integrated procedures for the management of records
from their creation to their ultimate disposition, consistent with the requirements of the
Local Government Records Act and accepted records management practice.
SECTION 5. DESIGNATION OF RECORDS MANAGEMENT OFFICER.
Evelyn B oggess i s hercby designated t o serve a s Records Management O ~cer for t he
CITY OF SCHERTZ. 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.
(a) The Records Management Plan on file with the City Secretary is to be
administered by the Record Management Officer.
(b) The records management plan shall be binding on all offices, departments,
divisions, programs, commissions, bureaus, boards, committees, or similar entities of the
CITY OF SCHERTZ and records shall be created, maintained, stored, microfilmed, or
disposed of in accordance with the plan. The Records Management Officer will
coordinate with the City Manager. '
..
(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 h ead's c are from the application of this ORDINANCE 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 OF SCHERTZ.
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 heads in its implementation;
(2) plan, formulate, and prescribe records disposition policies, systems, standards,
and procedures;
(3) in cooperation with department heads identify essential records and establish
a disaster plan for each CITY OF SCHERTZ 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 p reservation o f the historically
valuable records of the CITY OF SCHERTZ;
(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 SCHERTZ;
(7) provide records
departments.
management advice and
assistance to
all municipal
(8) monitor records retention schedules and administrative roles issued by the
Texas State Library and Archives Commission to determine if the records management
program a nd t he rnunicipality's records control schedules a re i n compliance with state
regulations;
(9) disseminate to the CITY MANAGER and department heads information
concerning state laws and administrative roles 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) advise 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 o f the municipal records is carded 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) bring to the attention of the CITY MANAGER non-compliance by
department heads or other CITY OF SCHERTZ personnel with the policies and
procedures of the records management program or the Local Government Records Act.
SECTION 8. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS. In
addition to other duties assigned in this ORDINANCE, department heads shall:
(1) cooperate with the Records Management Officer in carrying out the policies
and procedures established in the CITY OF SCHERTZ for the efficient and economical
management of records and in carrying out the requirements of this ORDINANCE;
(2) adequately documem the transaction of government business and the services,
programs, and duties for which the department head 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 SCHERTZ and the
requirements of this ORDINANCE.
SECTION 9. 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.
Persons designated as Records Liaison Officers shall be thoroughly familiar with all the
records created and maintained by the department. In the event of the resignation,
retirement, dismissal, or removal by action of the department head of a person designated
as a Records Liaison Officer, the department head shall promptly designate another
person to fill the vacancy. A department head 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: ' ~. -..~
(a) conduct or supervise the conduct of inventories of the records
department in preparation for the development of records control schedules;
of the
(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
management program.
information to department staff concerning the records
SECTION 11. RECORDS CONTROL SCHEDULES TO BE DEVELOPED;
APPROVAL; FILING WITH STATE. (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 municipal
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
recordkeeping procedures and needs of the department and the records management
program of the CITY OF SCHERTZ.
(c) Before its adoption a records control schedule or amended schedule for a
department must be approved by the department head.
(d) 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. IMPLEMENTATION OF RECORDS CONTROL SCHEDULES;
DESTRUCTION OF RECORDS UNDER SCHEDULE. (a) A records control
schedule for a department that has been approved and adopted under Section 11 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 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 head requests in
writing to the Records Management Officer that the record be retained for an additional
period.
(c) 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
does not appear o n a records control schedule o r amended schedule may be destroyed
only with the prior approval of the director and librarian of the Texas State Library, and
the Records Manager has received the approved destruction authorization request.
Persons desiring to destroy unscheduled records must strictly adhere to the guidance
contained in the Local Government Records Act Section 203.045.
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 o f the
records center shall be contained in the records management plan developed under
Section 6.
SECTION 15. ELECTRONIC RECORD STORAGE. The Records Management
Officer will also integrate the management of electronic records with other records and
information resources management programs; incorporate electronic records management
objectives, responsibilities, and authorities in pertinent directives; establish procedures
for addressing electronic records management requirements, including record keeping
requirements and disposition; and ensure that training is provided for users of electronic
records systems in the operation, care, and handling of the equipment, software, and
media used in the system. The Records Management Officer will procure and maintain
up-to-date guidance pertaining to all applicable electronic records storage systems, and
will insure all computer hardware adequately incorporates all technical characteristics
necessary for reading, processing, and the timely, disposition of stored records. The
Records Management Officer will also insure that all offices will specify the location and
media on which electronic records are maintained on all file plans, and maintain
inventories of electronic records systems to facilitate disposition instructions.
SECTION 16. REPEALING CLAUSE
That City of Schertz Ordinance No. 90-G-16 and 94-G-30 and any other ordinances and
parts of ordinances in conflict'with this ordinance are hereby repealed.
Approved on first reading (~tt~ day of ~
PASSED, APPROVED AND ADOPTED this the ~~ day of
2004.
,2004.
Mayor, City of Schertz, Texas
ATTEST:
Ci.ty ~ec~a~City of Schertz
:I'HE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
Before me, the undersigned authority, on this date personally appeared
_~ommy cro,,~ , _, known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said newspaper [ _ time(s) before the retum day named therein, 'such
publications being on the following dates:
and a newspaper copy of which is hereto attached.
~ ORDINANCF. S
AND. APPOINTING A
Texas ~
CAROL ANN AVERY ~,
~.~co~,,~,~e~c'~-~.2oo~ u Nota~ Public, Guadalupe Count, Texas
~HE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
Before me, the undersigned authority, en this date personally appeared
~ommy C ro..r ,.. _. known to me, who, being by me duly sworn, cn
.
his oath deposes and says that he is the Publfsher of The Segu[n Gaz.=~e-Enta~rise, a
newspaper published in said count,/'; that a copy of the within and foregoing notic~ wss
published [n said newspaper / _ time(s) before the return day named'therein, such
,.
·
publicaticns being on the following dates'
and a newspaper copy of which is hereto aEached.
THE ', CITY ..COUNCIL
OF,,~:.~CITY OF
AND :~. APpOII~ING A
RECORDS MANAGE-
MENT OFFICER; AND
" .......... PROVIDING A RE-
PEALING CLAUSE.
PASS'ED, AppR'~VED
AND ADOPTED the
Deputy Cay ~,
... Notary Public, Guadalupe County., Texas