90-G-16 Records Mgmt Program
ORDINANCE NO.
9{)-G-/~
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS ESTABLISHING A RECORDS MANAGEMENT
PROGRAM; DESIGNATING A RECORDS MANAGEMENT
OFFICER; ESTABLISHING A RECORDS MANAGEMENT
COMMITTEE AND PROVIDING FOR THE DEVELOPMENT
OF A RECORDS MANAGEMENT PLAN AS REQUIRED
UNDER THE TEXAS LOCAL GOVERNMENT RECORDS ACT.
WHEREAS, Title 6, Subtitle C, Chapter 200, et.seq.;
Local Government Code (Local Government Records Act)(the "Act)"
provides that a municipality must establish by. ordinance an
active and continuing records management program to be
administered by a Records Management Officer as defined in the
act; and
WHEREAS, the City of Schertz (the City) desires to
adopt an ordinance for that purpose and to prescribe policies and
procedures consistent with the Act an in the interests of cost-
effective and efficient recordkeeping; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTI, 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 or any of its officers or employees
pursuant to law or in the transaction of public business are
hereby declared to be the municipal records of the City and
shall be created, maintained, and disposed of in accordance with
the provisions of the Act and this ordinance or procedures
authorized by it and in no other manner.
SECTION 2. ADDITIONAL DEFINITIONS.
(1) Department Head: The officer who by ordinance,
order, or administrative policy is in charge of an office of the
City that creates or receives records.
(2) Essential Record: Any record of the City
necessary to the resumption or continuation of operations of the
City 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 of Texas.
"
( 3) Permanent Record: Any record of the City for
which the retention period on a records control schedule is given
as permanent.
(4) Records Control Schedule: A document prepared by
or under the authority of the Records Management Officer listing
the records maintained by the City, their retention periods, and
other records disposition information that the Records Management
Plan may require.
(5) Records Liaison Officer:
under Section 10 of this ordinance.
The persons designated
(6) 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.
(7) Records Management Committee:
established in Section 6 of this ordinance.
The committee
(8) Records Management Officer: The person designated
in Section 5 of this ordinance.
(9) Records Management Plan: The plan developed under
Section 7 of this ordinance.
( 10) Retention Period: The ml.nl.mum 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. No municipal
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 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 ul timate disposition, consistent
with the requirements of the Act and accepted records management
practice.
SECTION 5. DESIGNATION OF RECORDS MANAGEMENT OFFICER.
The Office of the City Secretary, and the successive holders of
said office, shall serve as Records Management Officer for the
City of Schertz. As provided by the Act, each sucessive holder
of the office shall file his or her name with the director and
librarian of the Texas State Library within thirty days of the
initial designation or of taking up the office, as applicable.
SECTION 6.
ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE;
DUTIES.
A Records Management Committee consisting of the City Secretary,
RMO, City Manager, Water/Waste Water Superintendent, Street/Parks
Superintendent, Police Chief, and Librarian is hereby
established. The committee shall:
(a) Assist the Records Management Officer
development of policies and procedures governing the
management program;
in the
records
(b) Review the performance of the program on a regular
basis and propose changes and improvements if needed:
(c) Review and approve records control schedules
submitted by the Records Management Officer;
(d) Give final approval to the destruction of records
in accordance with approved records control schedules; and
(e) Activel y support and promote the records
management program throughout the City.
SECTION 7. RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF
PLAN; AUTHORITY OF PLAN.
(a) The Records Management Officer and the Records
Management Committee shall develop a Records Management Plan for
the City of Schertz 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.
(b) 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 and records shall be created,
maintained, stored, microfilmed in accordance with the Plan.
(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 head's care 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 Plan of the City.
SECTION 8. 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 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.
(7) provide records management advice and assistance to
all municipal 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 the City Council and department
heads 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 municipality
is carries out in accordance with the policies and procedures of
the Records Management Plan 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, including summaries of the statistical and fiscal
data compiled under Subsection (13); and
( 15) bring to the attention of the City Council non-
compliance by department heads or other municipal personnel with
the policies and procedures of the records management program or
the Act.
SECTION 9. 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
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 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 Plan of the City and the requirements
of this ordinance.
SECTION 10. 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 Plan in the department. If the Records
Management Officer determines that in the best interests of the
Records Management Plan more than one Records Liaison Offic.er
should be designated for a department, the department head shall
designate the number of Records Liaison Officers specified by the
Records Management Officer. 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 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 11.
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 of the department in preparation for the development
of records control schedules;
(b) in cooperation with the Records Management Officer
coordinate and implement the policies and procedures of the
Records Management Plan in their departments; and
(c) disseminate information to department staff
concerning the Records Management Plan.
SECTION 12. 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 maintain 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 compl iance 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 Plan of the City.
(c) Before its adoption a records control schedule or
amended schedule for a department must be approved by the
department head and the members of the Records Management
Committee.
(d) Before its adoption a records control schedule
must be submitted to and accepted for filing by the director and
librarian 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
13.
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 12 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 Committee 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 by the Records Management Officer
from the Records Management Committee.
SECTION 14. 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.
SECTION 15. RECORDS CENTER.
A records center, developed pursuant to the plan required by
Section 7, shall be under the direct control and supervision of
the Records Management Officer, Policies and procedures
regulating the operations and use of the ~ecords center shall be
contained in the Records Management Plan developed under Section
7.
SECTION 16. MICROGRAPHICS.
Unless a micrographics program in a department is specifically
exempted by order of the City, all microfilming of records will
be centralized and under the direct supervision of the Records
Management Officer. The Records Management Plan will establish
policies and procedures for the microfilming of municipal
records, including policies to ensure that all microfilming is
done in accordance with standards and procedures for the
microfilming of local government records established in rules of
the Texas State Library and Archives Commission. The plan will
also establish criteria for determining the eligibility of
records for microfilming, and protocols for ensuring that a
microfilming program that is exempted from the centralized
operations is, nevertheless, subject to periodic review by the
Records Management Officer as to cost-effectiveness,
administrative efficiency, and compliance with commission rules.
~ , '..
SECTION 17. REPEALING CLAUSE
All ordinances or parts of ordinances
ordinance are hereby repealed.
Approved on first reading the ~day of
in conflict
wi th this
/fJJoa: ,1990
PASSED, APPROVED AND ADOPTED this th~d of ~
19~.
ATTEST:
THE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
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County of Guadalupe ~ ;.oJ f!1
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Before me, the undersigned authority, on this date personally appeared ~~S:
.... ...
J
u~. 3 r
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
lb+1 ~. was published in said newspaper ,-!:;)J times before the return day named therein, such
PUblicalionSbeingm~ d-.l + yJOJ~~ /qqy
and a newspaper copy of which is hereto attached.
Sworn to and subscribed before me, this /0 day of
e~~
AJ()~ 9//
A.D., 19a.
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f.r *--1:,.- \ \ CHERYL SOSA
J. \ .' / . i NolaryPublic,S1aIeofTeJCiIS
\,..>_ /~ ; MyCommissionExpitesFeb.3 1008
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Notary Public, Guadalupe County, Texas
11 0 Legal Notices
.' BID.' REQUEST
., SAFES EMS Is. requesting
,'"bids for (1)1994~95 Type I,
.Class I, Modular Am-
,> bulance.
1';SPl:lCifi~ations .and infonna-
.... ,tion may,be obtained from
the. SAFES EMS. Adminis-
trator, 1400 Schertz Park-
way, Scl)ertz, Texas, and
will be received through
4:00 p.m. November 15,
. 1 !:!94. Bids must be clearly
marked on the outside of the
envelope .SEALED QUOTE
. FOR AMBULANCE".
.' ..... SAFES EMS reserves the
rightto waiveformaliti.es in
. any quote"to reject any or
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.i
diOftpJlIIANCE NO,.94-G-30
i::BY THE CITY COUNCIL
!';~S~f. TI-IE CITY OF
".SCHERTZ TEXAS
:;~,'rRC>VlpING' THA;' 'THE
",il..Cil'PIJE:0F ORDINANCES,
17:{\'?;!i:t:X,',:' ~':",' .
~f'!'i!;;/";,
'",,'.;
11 0 legal Notices
CITY .OF SCHERTZ,
TEXAS, BE AMENDED BY
ADDING CHAPTER 141/2,
RECORDS MANAGE-
MENT; ESTABLISHING A
RECORDS MANAGE-
MENT PROGRAM; DES-
IGNATING A RECORDS
MANAGEMENT OFFICER;
ESTABLISHING A
RECORDS MANAGE-
MENT COMMITTEE AND
PROVIDING FOR THE
DEVELOPMENT OF A
RECORDS MANAGE-
MENT PLAN AS RE-
QUIRED UNDER THE
TEXAS LOCAL GOVER-
NMENT RECORDS ACT
AND REPEALING All OR-
DINANCES OR PARTS OF
ORDINANCES IN CON-
FlICT.Passed, approved
and adopted the 18th day of
October, 1994.
Nonna Althouse
Deputy City Secretary
of i" Legal Notices
, ~ ~r
11 0 Legal Notices
II
-
QUJRED UNDER THE thaI
TEXAS lOCAL GOVER-
NMENT RE90RDS ACT ulat
AND REPEALING ALL OR- will
DINANCES OR PARTS OF eral
ORDINANCES IN CON- No,
FLlCT. Passed, approved ,be
and adopted the 18th day of 29
, October, 1994.
Nonna Althouse
Deputy City Secretary
" ,,",,'::' . '::, '~".: ',;':;'. .. -' . .
APpraisal District a13oo0 N.
~1'!stIni~~gliin, Texas.
., . . .....
g~Di~,ANCE NO. 94-G-30
~Y:THE. CITY COUNCil
qF .. THE ' CITY QF
SPHERTZ" TEXAS,
.. RR9VIDING THAT THE
. CO[)EOF ORDINANCES,
'.. CITY :OF. SCHERTZ,
tE~S, BE AMENDED BY
~)~ODING CHAPTER. 14 1/2
f1ECQRDS MANAGE:
~.MENT; ESTABLISHING. A '
..RECORDS . MANAGE-
;>~NT . PROGRAM; DES-
,IGN~TING A RECORDS
....,.Mf'NAGEt.JIENT OFFICER;
.$STA~.LI.SH1NG . A
. ,Jl~q()RDS MANAGE-
"'~ENTCOMMITTEE AND
1PROVI.[)/NG FOR THE
DEVELOPMENT . OF A
','., RECORDS MANAGE-
:;M~NT. PLAN AS RE-
120 Notices
PUBLIC NOTICE
OF TEST OF AU-
TOMATIC TABU~
LATING
EQUIPMENT
Notice is hereby give