HomeMy WebLinkAboutORD 2015-16 - Records ManagementORDINANCENO. 0?015-1_j
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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, Title 6, Subtitle C, Sec. 201.002, Local Government Code (Local
Government Records Act) recognizes that the citizens of the state have a right to expect, and the
state has an obligation to foster, efficient and cost-effective government and recognizing the
central importance of local government records in the lives of all citizens; 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 Council of 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;
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 2. An ordinance adopting an acting and continuing records management program
and prescribing policies and procedures consistent with the Local Government Records Act and
in the interest 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.
Section 3. 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.
Section 4. All ordinances that are in conflict with the provisions of this ordinance be, and
the same are hereby, repealed and all other ordinances of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Ordinance Number: Page I of 2
Description: Records Management Amendment
Date Approved.. Fe I—yuA" g�Ll 2015
Section 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective on March 1, 2015 and in accordance with the
provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the �0— day of 6 "U, 2015.
PASSED AND APPROVED on Second Reading on the C)_4_ day of aLy-uo
2014.
ATTEST:
A AqU &'
Jessi VBrettle, City gecretary
bridget Chapl� an, City Attorney
By:
Dale Ross, Mayor
Ordinance Number: ,JC>15—*— 114 Page 2 of 2
Description: Records Management Amendment
Date Approved: 6r%A 0,tAj d�j_, 2015
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The purpose of this chapter, recognizing that records management is an essential component
of efficient and effective functioning of government, is to prescribe records management
authority and the creation of a city-wide records management policy.
"Municipal records" means 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 declared to be the records of the City and shall be created, maintained and
disposed of in accordance with the provisions of this chapter or procedures authorized by it
and in no other manner.
"Essential record" means any record of the City necessary to the resumption or continuation
of operations of the City in an emergency or disaster, to the recreation of the legal and
financial status of the City, or to the protection and ftilfillment of obligations to the people of
the City.
"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.
"Permanent record" means any record of the City for which the retention period on a records
control schedule is given as permanent.
"Records retention schedule" means a document prepared by the Texas State Library and
Archives Commission and administered by the Records Management Officer listing the
records maintained by the City, their retention periods, and other records disposition
information that the records management program may require.
"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 retention 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 electronic and other records
storage systems.
"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.
"Source document" means the local government record from which local government record
data is obtained for transfer to another storage media.
All City records as defined in Section 2.22.0 10 • this ordinance are declared to be the
property • the City. No City official or employee has, by virtue • his • her position, any
personal • property right to such records even though he or she may have developed •
compiled them. The unauthorized destruction, removal from files, • use • such records is
prohibited.
See. 2.22.040. City Secretary's Authority
A. The City Secretary shall be the records management officer of the City of
Georgetown.
B. The City Secretary shall establish a records management policy.
C. The City Secretary, or his or her designee, shall coordinate with the City
Manager to appoint records management liaisons for each division.
D. The City Secretary, or his or her designee, may establish a records
management committee.
E. The City Secretary may order an audit of any departments' records.
A. The records management policy, established by the City Secretary, shall
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.
B. The
• management •,m, shall apply to all municipal records and be
followed by all City employees, elected officials and contractors.
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See. 2.22.060. 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
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 reestablish 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 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
inventories as required by state law and this chapter; 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.
See. 2.22.070. 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 for the efficient and economical
management of records and in carrying out the requirements of this chapter;
and
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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 and
the requirements of this chapter.
In addition to other duties assigned in this chapter, Records Liaison Officers shall:
A. Conduct or supervise the conduct of inventories of the records of the
department to assist in compliance with records control schedules;
cooperation with the Records Management Officer, or his or her designee,
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.
A. The Records Management Officer, or his or her designee, shall administer
and enforce the State of Texas Records Retention Schedules (Texas RRS) as
prepared by the Texas State Library and Archives Commission and other
federal, state, and accrediting/regulating requirements, rules, and standards.
A. The City Secretary, or his or her designee, shall establish a policy and
procedures for the destruction of records that ensures:
1. Records retention schedule requirements have been met before
2. All copies of any records, including official City records meeting
retention requirements as well convenience copies and transitory
records then in existence, regardless of format, will not be destroyed
when litigation, claim, negotiation, audit, public information request,
administrative review, or other action involving the records has been
initiated. Destruction must not occur until the completion of the action
and resolution of all issues that may arise from it; and
3. Confidential information, whether in master records, convenience
copies, or transitory records, is disposed in a manner that preserves
confidentiality;
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B. The City Secretary, or his or her designee, shall maintain the City records
destruction log.
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