HomeMy WebLinkAboutORD 900610 - Establishing RM Program�gT ®may{
ORDINANCE 1 V i/ f
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT
OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY
OF GEORGETOWN RECORDS; PROVIDING A REPEALING
CLAUSE AND SEVERABILITY CLAUSE; AND SETTING AN
EFFECTIVE DATE,
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, the City Council of the City of Georgetown recognizes that records
managment 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 recordkeeping;
NOW, '` ! ORDAINED BY THE CITY COUNCILOF
OF i• !
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 II.
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 interests of cost-effective and efficient recordkeeping, as detailed in the attached Exhibit "A",
is hereby adopted by the City Council of the City of Georgetown, Texas.
If any provision of this ordinance or application thereof to any person or circumstance,
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.
Records Management Ordinance
Page 1 of 6
This ordinance shall become effective and be in full force and effect following second
reading and passage by the City Council and when duly signed by the Mayor and attested by the
City Secretary.
PASSED AND APPROVED on First Reading on the 27th day of November, 1990.
PASSED AND APPROVED on the Second and Final Reading on the 11th day of
December, 1990,
APPROVED AS TO FORM:
Marianne Landers Banks
City Attorney
Records Management Ordinance
Page 2 of 6
Mayor
ATTEST:
Elizabeth Gray
City Secretary
row
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.
(1) "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 state.
(2) "Permanent record" means any record of the City of Georgetown for which the
retention period on a records control schedule is given as permanent.
(3) "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.
(4) "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.
(5) "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. CITE' RECORDS DECLARED PUBLIC PROPERTY.
All City records as defined in Sec. 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 or compiled them. The unauthorized destruction, removal from files, or use of such
records is prohibited.
Records Management Ordinance
Page 3 of 6
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. ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE;
DITTIES.
A Records Management Committee consisting of the Division Director, Finance and
Administration, City Attorney, City Secretary, and Risk Management Officer 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
of Georgetown.
The City Secretary, and the successive holders of said office, shall serve as Records
Management Officer for the City of Georgetown. As provided by state law, 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.
In addition to other duties assigned in this ordinance, the Records Management Officer
shall:
(1) administer the records management program and provide assistance to division heads
in its implementation;
(2) in coordination with division heads, plan, formulate, and prescribe records disposition
policies, systems, standards, and procedures;
(3) 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;
(4) monitor records retention schedules and administrative rules issued by the Texas State
Records Management Ordinance
Page 4 of 6
Library and Archives Commission to determine if the records management program and the
City's records control schedules are in compliance with state regulations;
(5) disseminate to the City Council and division heads information concerning state laws
and administrative rules relating to local government records;
(6 instruct Records Liaison Officers and other personnel in policies and procedures of the
records management plan and their duties in the records management program;
(7) 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; and
(8) 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. DITTIES AND RESPONSIBILITIES OF DIVISION HEADS.
In addition to other duties assigned in this ordinance, division heads shall:
(1) 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
(2) 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. DITTIES 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 develop 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.
Records Management Ordinance
Page 5 or 6
SECTION 11. RECORDS CONTROL SCHEDULES TO BE DEVELOPED,APPROVAL;
PILING 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
recordkeeping 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 Local overnment Records Division 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 of the State Local Government Records 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 by the Records Management Officer from the
Records Management Committee,
Records Management Ordinance
Page 6 of 6