G-02-05-09-15A1 - 5/9/2002ORDINANCE NO. g- Og;?-. %-29- /5/9
AN ORDINANCE OF THE CITY OF ROUND ROCK, TEXAS,
AMENDING CHAPTER 1, CODE OF ORDINANCES (1995 EDITION),
CITY OF ROUND ROCK, TEXAS, BY ADOPTING SECTION 1.3100,
PROVIDING FOR A RECORDS MANAGEMENT PROGRAM
PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF
THE LOCAL GOVERNMENT CODE, SECTION 201.001, et seq.,
"LOCAL GOVERNMENT RECORDS ACT"; PROVIDING FOR A
SAVINGS CLAUSE AND PENALTY CLAUSE AND REPEALING
CONFLICTING ORDINANCES OR RESOLUTIONS.
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 to
be administered by a Records Management Officer; and
WHEREAS, on December 13, 1990, Ordinance No. 2524 was passed
by the City Council of the City of Round Rock, Texas, establishing
a Records Retention Program to be codified as Section 1.2400 of
the Code of Ordinances, (1995 Edition); however, Ordinance No. 2524
was never so codified; and
WHEREAS, the City of Round Rock, Texas, desires to repeal
Ordinance No. 2524 and adopt an Ordinance to prescribe policies and
procedures consistent with the Local Government Records Act and in
the interests of efficient and cost-effective recordkeeping; Now
Therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
::ODMA\WORLDOX\0:\WDOX\ORDINANC\020509A1.WPD/cr
I.
That Chapter 1, Code of Ordinances (1995 Edition), City of
Round Rock, Texas, is hereby amended by adding a section, to be
numbered Section 1.3100, which shall read as follows:
SECTION 1.3100 RECORDS MANAGEMENT PROGRAM
1.3101 DEFINITIONS.
(1) "Electronic storage" means the maintenance of City data in the form of digital electronic
signals on a computer hard disk, magnetic tape, optical disk or similar machine-readable
medium.
(2) "Essential record" means any record of the City necessary to the resumption or
continuation of government operations in an emergency or disaster; to the re-creation of
the legal and financial status of the government, or to the protection and fulfillment of
obligations to the people of the City or State.
(3)
"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.
(4) "Municipal record" means:
(a) 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,
including an ordinance, 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 Section or procedures authorized by it.
(b) The term "municipal record" does not include:
(i) extra identical copies of documents created only for convenience of,
reference or research by officers or employees of the City;
(ii) notes, journals, diaries, and similar documents created by an officer or
employee of the City for the officer's or employee's personal
convenience;
(iii) blank forms;
(iv) stocks of publications;
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(v) library and museum materials acquired solely for the purposes of
reference or display;
(vi) copies of documents in any media furnished to members of the public to
which they are entitled under Chapter 552, Government Code, or other
state law;
(vii) any records, correspondence, notes, memoranda, or documents, other
than a final written agreement described by Section 2009.054(c)
Government Code, associated with a matter conducted under an
alternative dispute resolution procedure in which personnel of the City
participated as a party, facilitated as an impartial third party, or facilitated
as the administrator of a dispute resolution system or organization.
(5) "Permanent record" means any record of the City for which the retention period on a
Record Control Schedule is given as permanent.
(6) "Record Control Schedule" means 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 Program
may require.
(7)
"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 Record 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.
(8) "Retentionperiod" 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.
(9)
"Source document" means the City record from which record data is obtained for transfer
to another storage media.
1.3102 MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY
All municipal records as defined in Section 1.3101 are declared to be the property of the City.
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.
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1.3103 POLICY
It is 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 Texas
Local Government Records Act and as amended in the future.
1.3104 ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE -DUTIES
A Records Management Committee is established consisting of a representative from the following
departments: City Secretary; Finance; Information Technology; City Attorney; and City Manager.
The committee shall:
(1)
Assist the Records Management Officer in the development of policies and procedures
governing the Records Management Program;
(2) Review the performance of the program on a regular basis and propose changes and
improvements if needed;
(3)
Review and approve Record Control Schedules submitted by the Records Management
Officer;
(4) Establish records destruction policies and procedures; and
(5)
Actively support and promote the Records Management Program throughout the City.
1.3105 DESIGNATION OF RECORDS MANAGEMENT OFFICER
The City Secretary and successive holders of said office shall serve as the Records Management
Officer for the City of Round Rock, Texas. 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 30 days of the designation or of the taking of
office, as applicable.
1.3106 DUTIES OF RECORDS MANAGEMENT OFFICER
In addition to other duties assigned in this Section, the Records Management Officer shall:
(1) Administer the Records Management Program and provide assistance to department heads
in its implementation;
(2) In coordination with department heads, plan, formulate, and prescribe records disposition
policies, systems, standards and procedures;
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(3)
In cooperation with department 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;
(4) Monitor record 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 Record Control Schedules are in compliance with state regulations.
(5) Disseminate to the City Council and department heads information concerning state laws
and administrative rules relating to local government records;
(6) 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;
(7) Direct Records Liaison Officers or other personnel in the conduct of records inventories
in preparation for the development of Record Control Schedules as required by state law
and this chapter;
(8) Ensure that the maintenance, preservation, microfilming, destruction or other disposition
of municipal records is carried out in accordance with the policies and procedures of the
Records Management Program and the requirements of state law;
(9)
Maintain records on the volume of records destroyed under approved Record 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; and
(10) 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 paragraph (9).
1.3107 DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS
In addition to other duties assigned in this Section, department heads shall:
(1)
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 Section; and
(2) Maintain the records and carry out their preservation, microfilming, destruction, or other
disposition in accordance with the policies and procedures of the Records Management
Program of the City and the requirements of this Section.
1.3108 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 Program in the department. 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
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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.
1.3109 DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS
In addition to other duties assigned in this Section, Records Liaison Officers shall:
(1) Conduct or supervise the conduct of inventories of the records of the department in
preparation for the development of Record Control Schedules;
(2) In cooperation with the Records Management Officer coordinate and implement the
policies and procedures of the Records Management Program in their departments; and
(3) Disseminate information to department staff concerning the Records Management
Program.
1.3110 RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF
PLAN; AUTHORITY OF PLAN
(1)
The Records Management Officer and the Records Management Committee shall develop
a records management plan for the City. 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 Section effectively.
(2) Once approved by the Committee, the records management plan shall be binding on all
offices, departments, division, programs, commissions, bureaus, boards, committees, or
similar entities of the City and all municipal records shall be created, maintained, stored,
microfilmed destroyed and/or disposed of in accordance with the records management
plan.
(3)
State law relating to the duties, other responsibilities, or recordkeeping requirements of
a department head do not exempt the department head or the records in the department
head's care from the application of this Section and the records management plan adopted
under it. Said law may not be used by the department head as a basis for refusal to
participate in the Records Management Program of the City of Round Rock, Texas.
1.3111 RECORD CONTROL SCHEDULES -APPROVAL -FILING WITH THE STATE
(1) The Records Management Officer, in cooperation with department heads and Records
Liaison Officers, shall prepare Record Control Schedules on a department by department
basis listing all records created or received by the department and the retention period for
each record.
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(2) Each Record 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 department and the Records Management
Program of the City and that it is in compliance with records retention schedules issued
by the State.
(3)
Before its adoption, a Record Control Schedule or amended schedule for a department
must be approved by the division head and a majority vote of the members of the Records
Management Committee.
(4) Before its adoption, a Record Control Schedule must be submitted to and accepted for
filing, by the director and librarian of the State and Local Government Records
Management 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 Record Control schedules to the director and librarian of the State
and Local Government Records Management Division.
1.3112 IMPLEMENTATION OF RECORD CONTROL SCHEDULES -DESTRUCTION
OF RECORDS UNDER SCHEDULE.
(1) A Record Control Schedule for a department that has been approved and adopted under
Section 1.3111 shall be implemented by department heads and Records Liaison Officers
according to the policies and procedures of the records management plan.
(2) A record whose retention period has expired on a Record 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
(3)
Prior to the destruction of a record under an approved Record Control Schedule,
authorization for the destruction must be obtained by the Records Management Officer in
accordance with the policies and procedures established by the Records Management
Committee.
(4) The source document of a record whose retention period has not expired on a Record
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 this Section and requirements of state law.
1.3113 RECORDS CENTER
A records center, developed pursuant to the plan required by Subsection 1.3110 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 Section 1.3110.
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II.
A. Ordinance No. 2524 passed on December 13, 1990, is hereby
expressly repealed.
B. All ordinances, parts of ordinances, or resolutions in
conflict herewith are expressly repealed.
C. The invalidity of any section or provision of this
ordinance shall not invalidate other sections or provisions
thereof.
D. The City Council hereby finds and declares that written
notice of the date, hour, place and subject of the meeting at which
this Ordinance was adopted was posted and that such meeting was
open to the public as required by law at all times during which
this Ordinance and the subject matter hereof were discussed,
considered and formally acted upon, all as required by the Open
Meetings Act, Chapter 551, Texas Government Code, as amended.
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day
of , 2002.
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Alternative 2.
OAS
READ and APPROVED^on first reading this the - day of
, 2002.
READ, APPROVED and ADOPTED on second reading this the
day of
AT EST:
, 2P
RO : A. STLUKA, JR. Mayor
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secr:/ ary
9
DATE: May 3, 2002
SUBJECT: City Council Meeting — May 9, 2002
ITEM: 15.A.1. Consider an ordinance amending Chapter 1, Section 1.3100 of the
Round Rock Code of Ordinances adopting a records management
program. (First Reading)
Resource: Joanne Land, Assistant City Manager
Steve Sheets, City Attorney
History: On December 13, 1990, the City Council adopted a records management program
ordinance, as required by the local Government Records Act. That ordinance now
needs to be revised to include updated language because the state statute has since
been revised.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: Sheets & Crossfield, P.C.
Impact/Benefit: N/A
Public Comment: None
Sponsor: N/A