1994G30- AMENDING BY ADDING CHAPTER 14 1/2 RECORDS MANAGEMENT
ORDINANCE NO.
y/.j- () - 30
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS, PROVIDING THAT THE CODE OF ORDINANCES
CITY OF SCHERTZ, TEXAS, BE AMENDED BY ADDING
CHAPTER 14 1/2 RECORDS MANAGEMENT;
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 AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT.
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 add a
Chapter to the Code of Ordinances designated as Chapter 14 1/2
RECORDS MANAGEMENT and adopt an ordinance for that purpose and to
prescribe policies and procedures consistent with the 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. AMENDMENT TO CODE
THAT the Code of Ordinances is hereby amended by adding
the following:
"
Chapter 14 1/2
RECORDS MANAGEMENT
Sec. 14 1/2-1. 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 Chapter or procedures authorized
by it and in no other manner.
Sec. 14 1/2-1. Additional Definitions.
(a) 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.
(b) 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.
(c) Permanent
retention period
permanent.
Record: Any record of the City for which
on a records control schedule is given
the
as
(d) 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.
(e) Records Liaison Officer: The persons designated under
Sec. 14 1/2-10 of this Chapter.
901
SCHERTZ CODE
(f) 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.
(g)
in Sec.
Records Management Committee: The Committee established
14 1/2-6 of this chapter.
(h) Records Management Officer: The person designated in
Sec. 14 1/2-5 of this chapter.
(i) Records Management Plan: The plan developed under Sec.
14 1/2-7 of this chapter.
(j) 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. 14 1/2-3. Municipal Records Declared Public Property.
All municipal records as defined in Sec. 14 1/2-1 of
Chapter are hereby declared to be the property of the City.
municipal official or employee has, by virtue of his or
position, any personal or property right to such records
though he or she may have developed or compiled them.
unauthorized destruction, removal from files, or use of
records is prohibited.
this
No
her
even
The
such
Sec. 14 1/2-4. 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 ultimate disposition, consistent with the
requirements of the Act and accepted records management practice.
902
RECORDS MANAGEMENT
Sec. 14 1/2-5. Designation of Records Management Officer.
The Office Manager/Data Processing Administrator shall serve as
Records Management Officer for the City of Schertz. As provided
by the Act, each successive 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.
Sec. 14 1/2-6. Establishment of Records Management Committee;
Duties.
A Records Management Committee consisting of the City Manager,
Public Works Director, Chief of Police, Librarian, the City
Secretary and the Records Management Officer as appointed under
Sec. 14 1/2-5 is hereby established. The committee shall:
(a) Assist the Records Management Officer in the development
of.. policies and procedures governing the records management
program;
(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) Actively support and promote the records management
program throughout the City.
Sec. 14 1/2-7 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 Chapter
effectively.
903
SCHERTZ CODE
(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.
or
the
from
Plan
as
Plan
(c) State law relating to the duties, other responsibilities,
recordkeeping requirements of a department head do not exempt
department head or the records in the department head's care
the application of this Chapter and the Records Management
adopted under it and may not be used by the department head
a basis for refusal to participate in the Records Management
for the City.
Sec. 14 1/2-8. Duties of Records Management Officer.
In addition to other duties assigned in this Chapter, the
Records Management Officer shall:
(a) Administer the records management program and provide
assistance to department heads in its implementation;
(b) Plan, formulate, and prescribe records disposition
policies, systems, standards, and procedures;
(c) 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;
(d) Develop procedures to ensure the permanent preservation
of the historically valuable records of the City;
(e) Establish standards for filing and storage equipment and
for recordkeeping supplies;
(f) Study the feasibility of and, if appropriate, establish a
uniform filing system and a forms design and control system for
the City.
(g) 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;
904
RECORDS MANAGEMENT
(h) 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:
(i) Disseminate to the City Council and department heads
information concerning state laws and administrative rules
relating to local government records:
(j) Instruct Records Liaison Officers and other personnel in
policies and procedures of the records management plan and their
duties in the records management program;
(k) 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
Chapter.
(I) Ensure that the maintenance, preservation, microfilming,
destruction, or other disposition of municipality is carried out
in accordance with the policies and procedures of the Records
Management Plan and the requirements of state law.
(m) 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;
(n) 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 (m); and
(0) 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.
Sec. 14 1/4-9. Duties and Responsibilities of Department Heads.
In addition to other duties assigned in this Chapter, department
heads shall:
(a) Cooperate with the Records Management Officer in
out the policies and procedures established in the City
efficient and economical management of records and in
out the requirements of this Chapter.
carrying
for the
carrying
905
SCHERTZ CODE
(b) Adequately document the transaction of
business and the services, programs, and duties for
department head and his or her staff are responsible;
government
which the
and
(c) Maintain the records in his or her care and
their preservation, microfilming, destruction,
disposition only in accordance with the policies and
of the Records Management Plan of the City and the
of this Chapter.
carry out
or other
procedures
requirements
Sec. 14 1/2-10. 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 Officer
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.
Sec. 14 1/2-11. Duties and Responsibilities of Records Liaison
Officers.
In addition to other duties assigned in this Chapter, Records
Liaison Offices shall:
(a)
records
records
Conduct or supervise the conduct of inventories of
of the department in preparation for the development
control schedules;
the
of
(b) In cooperation with the Records
coordinate and implement the policies and
Records Management Plan in their departments:
Management
procedures
and
Officer
of the
(c) Disseminate information to department staff concerning
the Records Management Plan.
906
RECORDS MANAGEMENT
Sec. 14
Approval;
1/2-l2. Records Control Schedules to be Developed;
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 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 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.
Sec. 14 1/2-13. 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 Sec 14 1/2-12 shall be implemented by
department heads and Records Liaison Officers according to the
policies and procedures of the Records Management Plan.
Sec. 14 1/2-l4. 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 destruction authorization request.
907
SCHERTZ CODE
Sec. 14 1/2-15. Records Center
A records center, developed pursuant to the plan required by Sec.
14 1/2-7, 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 Sec. 14
1/2-7.
Sec. 14 1/2-16. Micrographics.
Unless a micrographics program in a department is specifically
exempt 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.
[The Next Page is 921]
908 "
SECTION 2. REPEALING CLAUSE
All ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Approved on first reading the Lf day of OC1c;ibe-Vl, 192.;i.
PASSED, APPROVED AND ADOPTED this the I'D day of Oc7dhPR
19~. -'7 /
WJ ;1:&~
Mayor, City of Schertz, Texas
ATTEST:
OF CITY)
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