HomeMy WebLinkAboutOrdinance No. 90-10 ORDINANCE N0. 90-10
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND
ADMINISTRATION OF A RECORDS AND INFORMATION MANAGEMENT
PROGRAM FOR THE CITY OF FRIENDSWOOD, TEXAS ; DESIGNATING THE
CITY SECRETARY AS RECORDS MANAGEMENT OFFICER; PROVIDING
GENERAL OUTLINE OF DUTIES ; PROVIDING OWNERSHIP OF MUNICIPAL
RECORDS AND RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH
RESPECT THERETO ; PROVIDING FOR DES'I`RUCTION OF ORIGINAL
MUNICIPAL PUBLIC RECORDS AND FOR OTHER MUNICIPAL RECORDS ;
PROVIDING FOR THE REPEAL OF ALL ORDINANCNES IN CONFLICT
HEREWITH; AND PROVIDING FOR SEVEEtABILITY.
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WHEREAS, Chapter 1248, Acts of the 71st Legislature,
Regular Session, provides rules and regulations governing the
destruction, preservation, microfilming, electronic stora,e,
and other disposition of the records of local governments ; and
WHEREAS, pursuant to Section 4. 04 of the Friendswood City
Charter, the City Secretary is responsible for the maintenance
of all records of the Council and for recommending to City
Council rules and regulations for the protection, safety, and
security of City records ; and
WHEREAS, the City Council of the City of Friendswood
desires to provide for an ord�rly and efficient system of
records retention, retrieval, and destruction; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSW00�,
STATE OF TEXAS :
Section l . Policy and Purpose.
This Ordinance shall be known and be cited as the "Records
and Information Management Ordinance for the City of
Friendswood, Texas". It is hereby declared to be the policy of
the City of Friendswood to develop a Records and Information
Management Program that provides for efficient, economical , and
effective control over the creation, distribution,
organization, maintenance , use, and disposition of all City
Records t�rou�h a comprehensive system of integrated procedures
for the management of records from their creation to their
ultimate disposition.
Section 2. Definitions .
For the purposes hereof, the following words or terms shall
have the meanings ascribed thereto.
"City Record" shall have the same meaning as a "local
government record" as set forth in Section 441 . 151(8) , Texas
Government Code.
"Director and Librarian" shall mean the executive and
administrative officer of the Texas State Library and Archives
Commission.
Section 3. City Records Declared Public Property.
All City Records as defined in Section 1 hereof are hereby
declared to be property of the City of Friendswood, Texas . No
City officer or employee shall have, by virtue of his or her
office or employment, �ny personal or property right to any
such records even though he or she may have developed or
compiled them. No person shall destroy, remove, or use any
City Record except as authorized by law, this Ordinance, or the
policies and procedures of the City. Provided, however, no
policy or procedure regarding use, removal , or destruction of
City Records shall be adopted which conflicts with this
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Ordinance or applicable State or Federal law. Provided
further, nothing contained herein shall be construed to
authorize the disclosure of City Records which are exempt from
disclosure under State or Federal law.
Section 4. Records and Information Mana ement
Responsi i ity Esta is e .
There is hereby established a Records and Information
Management Program. The City Secretary shall administer the
Records and Information Management Program and shall be
responsible for City-wide files management. In addition, the
City Secretary shall have direction and control of the City' s
records disposition program.
Section 5. Duties of City Secretary.
The City Secretary shall :
A. Assist in establishing and developing policies and
procedures for a records management program for the
City;
B. Administer the records mana�ement program and provide
assistance to custodians for the purposes of reducing
the costs and improving the efficiency of
recordkeeping ;
C. In cooperation with the custodians of the records :
(1) prepare and file with the Director and Librarian
the records control schedules and amended
schedules required by Section 203. 041 , Texas
Government Code, and the list of obsolete records
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as provided by Section 203. 444, Texas Government
Code ; and
(2) prepare or direct the preparation of requests for
authorization to destroy records not on an
approved control schedule as provided by Section
203. 045, Texas Government Code, or requests to
destroy the originals of permanent r�cords that
have been microfilmed as provided by Section
204. 008, Texas Government Code, and of electronic
storage authorization requests as provided by
Section 205. 007, Texas Government Code;
D. In cooperation with custodians , identify and take
adequate steps to protect essential City Records ;
E. In cooperation with custodians , 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
City' s records management program, this Ordinance, an�
rules adopted pursuant hereto;
F. Disseminate to the City Council and custodians
information concerning state laws, administrative
rules , and the policies of the government relating to
local government records ; and
G. In cooperation with custodians , establish procedures
to ensure that the handling of City Records by the
recor�s management officer or those under the
officer' s
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authority is carried out in compliance with the
records management program and with due regard for:
(1) the duties and responsibilities of custodians
that may be imposed by law; and
(2) the confidentiality of information in records to
which access is restricted by law.
Section 6. Responsibilities of City Department Heads .
All City department heads are responsible for the
implementation and operation of effective files operations ,
record transfers and dispositions , and other activities in
accordance with the provisions of this Ordinance within their
�reas of responsibility. They shall �esignate Records
Coordinators within their offices and provide the City
Secretary the names of such designees and of all file stations
and file custodians und�r their supervision. Persons
designated as Records Coordinators shall report directly to the
head of their department on matters relating to the records
management program and should have appropriate access to all
files in their department.
S�ction 7. Responsibilities of Records Coordinators.
Each Records Coordinator shall coordinate the records
management program between the City Secretary and personnel in
the Record Coordinator' s office to ensure that the provisions
of this Ordinance are followed. This responsibility shall
include overseeing the application of records schedules within
the office or department.
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Section 8. City Offices to Use Record Schedules .
All City offices and departments shall adopt records
retention and disposition schedules and destroy, transfer, or
otherwise dispose of records only according to such schedules .
Section 9. Develo ment of Records Retention and
ispos tion c e u es .
Initial retention periods to be included in records
schedules shall be established by the City Secretary, City
Manager, and department heads . These retention schedules shall
be submitted to the City Attorney for review who shall notify
the City Secretary within fifteen (15) days of the approval or
objection of any retention period. If no objection has �een
submitted within the fifteen (15) days , the records schedule
shall be adopted and have full force as sufficient
authorization for records destruction or other action. If
objection is made, the City Secretary shall amend the retention
period to the satisfaction of the office or department
concerned, the City Manager and City Attorney. Revision of
retention periods shall be submitted for review to the City
Attorney and City Manager in the same manner as the original
retention periods .
When a records retention and �isposition schedule is
adopted, it shall thenceforth constitute full authority to
destroy, transfer, or take other actions , and the City Council
hereby directs that such actions be taken by the City Secretary
or under her supervisision. The City Secretary shall notify
the State Librarian of the intended destruction, as may
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required by law, but no further notice to the City Council or
other City office shall be required.
Section 10. Destruction of Original City Records .
No original City Record shall be destroyed if such
destruction is contrary to any state or federal law. Prior to
the destruction of any original City Record, the City Secret3ry
shall obtain the advice and consent of the City Attorney. Any
original City Recor�, the subject matter of which is in
liti$ations , may not be destroyed until such litigation is
final .
Section 11. One-Time Destruction of Obsolete Records .
Prior to adoption of records schedules for an office,
one-time destruction of accumulated obsolete records of that
office may be made by or under the supervision of the City
Secretary. Prior to such destruction the City Secretary shall
submit lists of records to be destroyed to the department head,
City Attorney, and City Manager, who shall give notice within
thirty (30) days of any records they believe should not be
destroyed, and such records shall be retained for a period
agreed upon. The City Secretary shall also submit notice as
required by law to the State Librarian. Obsolete records shall
include those no longer created by the office or department an�
no longer needed for administrative, legal, _fiscal , or other
research purposes .
Section 12. Records Center.
A Records Center shall be maintained by the City which
shall utilize one or more locations to store inactive records ,
to insure the security of such records from deterioration,
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theft, or damage during the period of storage, and to permit
fast, efficient retrieval of information from stored records .
Section 13. Preservation of Permanent Records .
The City Secretary shall develop procedures to insure the
permanent preservation of historically valuable records of the
City. If City-owned facilities are not available, the City
Secretary shall arrange for the transfer of such records to the
Texas State Library for perpetual care and preservation in one
of its nearby Regional Historical Resource Depositories , or
shall make other arrangements for their permanent preservation
not contrary to law or regulation.
Section 14. Non-Current Records Not to Be Maintained in
0 ce i es .
Records no longer required in the conduct of current
business by any office of the City shall be promptly
transferr�d to the Records Center or archives or the State
Library, or be destroyed at the time such action is designated
on an approved records schedule. Such records shall not be
maintained in current office files or equipment.
Section 15. All ordinances or parts of ordinances
inconsistent or in conflict herewith are, to the extent of such
inconsistency or conflict, h�reby repealed.
Section 16. In the event any section, paragraph,
subdivision, clause, phrase, provision, sentence, or part of
this Or�inance or the application of the same to any person or
circumstance shall for any reason be adjudged invalid or held
unconstitutional by a court oF competent jurisdiction, it shall
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not affect , impair, or invalidate this Ordinance as a whole or
any part or provision hereof other than the part declared to be
invalid or unconstitutional ; and the City Council of the City
of Friendswood, Texas , declares that it would have passed each
and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional , or
whether there be one or more parts.
PASSED AND APPROVED on first reading this 5th day
of March , 1990.
P.ASSED, APPROVED, AND ADOPTED on second and fina� reading
this 19th day of March , 1990.
,
au . c r_a er,
Mayor
ATTEST :
,
e or s rc er,
City Secr�tary
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