HomeMy WebLinkAboutORD 97-28 - Code Rec ManagementORDINANCE i
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IMPLEMENTATION,
WHEREAS, Title 6, Subtitle C, Local Government Code (Local Government Records Act)
provides that a municipality must establish by ordinance an active and continuing records management
program; and
WHEREAS, Information is a critical strategic asset and must be managed effectively; and
WHEREAS, the City Council of the City of Georgetown recognizes that records
management is an essential component of efficient and effective functioning of government; and
WHEREAS, the City of Georgetown 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 record-keeping; and
WHEREAS, the City Council has found that this action implements Focus End Statement
4.6 of the Century Plan - Policy Plan Element, which states: "The City provides appropriate, well
managed information technology and services that support city operations and citizen access to
information." and
WHEREAS,the City Council has found that this action is not inconsistent or in conflict with
any other Century Plan Policies as required by Section 2.03 of the Administrative Chapter of the
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1.
The facts and recitations contained in the preamble of this ordinance are hereby found and
declared to be true and correct, and are incorporated by reference herein and expressly made a
part hereof, as if copied verbatim.
SECTION H.
An ordinance adopting an active and continuing records management program and
prescribing policies and procedures consistent with the Local Government Records Act and in the
Records Management Ordinance !F7 !_C3 Page 1 o£6
interests of cost-effective and efficient record-keeping, as detailed in the attached Exhibit "A", is
hereby, adopted by the City Council of the City of Georgetown, Texas.
F`III IT[17►i 11
If any provision of this ordinance or application thereof to any person or circumstances
shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of
this ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are hereby declared to be severable.
SECTION IV.
The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This
ordinance shall become effective and be in full force and effect in (10) ten days on and after
publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of , 1997.
PASSED AND APPROVED on the Second and Final Reading on the day of � 61ZV
1997.
x i
T an food
Mayor
Marianne Landers Banks
City Attorney
City Secretary
A 4S:T
Records Management Ordinance 77' 2LD Page 2 of 6
EXHIBIT "A"
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 records of the City of Georgetown and
shall be created, maintained, and disposed of in accordance with the provisions of this ordinance or
procedures authorized by it and in no other manner.
SECTION 2. ADDITIONAL DEFINITIONS.
(a) "Electronic 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.
(b) "Essential record" means any record of the City of Georgetown necessary to the
resumption or continuation of operations of the City of Georgetown in an emergency or disaster, to
the re-creation of the legal and financial status of the City of Georgetown, or to the protection and
fulfillment of obligations to the people of the City of Georgetown.
(c) "Microfilm" means roll microfilm, microfiche, computer output microfilm (COM), and
all other formats produced by any method of microphotography or other means of miniaturization
on film.
(d) "Permanent record" means any record of the City of Georgetown for which the
retention period on a records control schedule is given as permanent.
(e) "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 Georgetown, their
retention periods, and other records disposition information that the records management program
may require.
(f) "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 record-keeping. 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, electronic and other records storage
systems.
(g) "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.
(h) "Source document" means the local government record from which local government
record data is obtained for transfer to another storage media.
SECTION 3. CITY RECORDS DECLARED PUBLIC PROPERTY.
All City records as defined in Section 1 of this ordinance are hereby declared to be the
property of the City of Georgetown. 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
Records Management Ordinance L ` K17f ` Page 3 of 6
or compiled them. The unauthorized destruction, removal from files, or use of such records is
prohibited.
SECTION 4. POLICE'.
It is hereby declared to be the policy of the City of Georgetown 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, consistent with the requirements of the Texas
Local Government Records Act and as amended in the future.
SECTION 5. ESTABLISBMENT OF RECORDS MANAGEMENT COMMITTEE, DUTIES.
A Records Management Committee is hereby established consisting of a representative from
the following City functions: l) City Secretary; 2) Finance and Administration; 3) Information
Resources; 4) Legal; and 5) Risk Management. 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) establish records destruction policies and procedures; and
(e) actively support and promote the records management program throughout the City
of Georgetown.
SECTION G. DESIGNATION OF RECORDS MANAGEMENT OFFICER
The City Manager shall designate the Records Management Officer for the City of
Georgetown. As provided by state law, each successive designated Records Management Officer
shall file his or her name with the director and librarian of the Texas State Library and Archives
Commission within thirty days of the designation.
SECTION 7. DUTIES OF RECORDS MANAGEMENT OFFICER.
In addition to other duties assigned in this ordinance, the Records Management Officer shall:
(a) administer the records management program and provide assistance to division heads
in its implementation;
(b) in coordination with division heads, plan, formulate, and prescribe records disposition
policies, systems, standards, and procedures;
(c) in cooperation with division heads identify essential records and establish a disaster
plan for each City office and department to ensure maximum availability of the records in order to
re-establish operations quickly and with minimum disruption and expense;
(d) 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;
(e) disseminate to the City Council and division heads information concerning state laws
and administrative rules relating to local government records;
(f) instruct Records Liaison Officers and other personnel in the policies and procedures
of the records management plan and their duties in the records management program;
(g) direct Records Liaison Officers or other personnel in the conduct of records
Records Management Ordinance d 7- J f `^' f J Page 4 of 6
inventories in preparation for the development of records control schedules as required by state law
and this ordinance; and
(h) ensure that the maintenance, preservation, microfilming, destruction, or other
disposition of City records is carried out in accordance with the policies and procedures of the
records management program and the requirements of state law.
SECTION 8. DUTIES AND RESPONSIBILITIES OF DIVISION HEADS.
In addition to other duties assigned in this ordinance, division heads shall:
(a) cooperate with the Records Management Officer in carrying out the policies and
procedures established in the City of Georgetown for the efficient and economical management of
records and in carrying out the requirements of this ordinance; and
(b) 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 Georgetown and the requirements of this ordinance.
SECTION 9. DESIGNATION OF RECORDS LIAISON OFFICERS.
Each division 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 division. Persons
designated as Records Liaison Officers shall be thoroughly familiar with all the records created and
maintained by the division and shall have full access to all records of the City of Georgetown
maintained by the division. In the event of the resignation, retirement, dismissal, or removal by action
of the division head of a person designated as a Records Liaison Officer, the division head shall
promptly designate another person to fill the vacancy. A division 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 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 program in their departments; and
(c) disseminate information to department staff concerning the records management
program.
SECTION 11. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL;
FILING WITH STATE.
(a) The Records Management Officer, in cooperation with division heads and Records
Liaison Officers, shall prepare records control schedules on a division by division basis listing all
records created or received by the division and the retention period for each record.
(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 continues to reflect the record-
keeping procedures and needs of the division and the records management program of the City of
Georgetown and that it is in compliance with records retention schedules issued by the state.
(c) Before its adoption a records control schedule or amended schedule for a department
must be approved by the division 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 of the State and Local Government Records Management Division
Records Management Ordinance 4/7,2'? xh;j) '0L A Page 5 of 6
as provided by state law. If a schedule is not accepted for I
ling, 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 of the State and Local Government Records Management
Division.
SECTION 12. IMPLEMENTATION OF RECORDS CONTROL SCHEDULES,
DESTRUCTION OF RECORDS UNDER SCHEDULE.
(a) 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; and
(b) Prior to the destruction of a record under an approved records control schedule,
authorization for the destruction must be obtained in accordance with the policies and procedures
established in Section 5(d) of this ordinance.
(c) The source document of a record whose retention period has not expired on a records
control schedule, but which has been either microfilmed or stored electronically, must be reviewed
for destruction authorization in accordance with the policies and procedures established in Section
5(d) of this ordinance and requirements of state law.
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