11-90-Ordinance-Establishing Records Management Program and Officer-12/17/1990CITY SECRETARY
ORIGINAL COPY
City of Sanger
ORDINANCE NO,'1
ORDINANCEAN
SANGER, A. ESTABLISHING AUTHORITY AN
ACTIVE AND CONTINUING RECORDS MANAGEMENT
OFFICER IN ACCORDANCE
LOCALTHE RECORDS
FOR ♦ SEVERABILITY CLAUSE; PROVIDING A
EFFECTIVE DATE,- AND DECLARING
WHEREAS, Title 0 , subtitle C, Local Government code
(Local Government Records Act) provides that municipal government
must establish by ordinance an active and continuing records
management program to be administered by a Records Management
Officer, and
WHEREAS, the City of Sanger 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;
TAEREFORE., BE IT °R
C-OUNCIL OF THE CITY OF SANGER., TEXAS., THAT:
Section s 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 of
Sanger 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 Sanger 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) " Comynission"
means the Texas State Library and Archives Commission,
(2) "Department plead" means the officer who by ordinance,
order, or administrative policy is in charge of an office of the City of
C'Ty SECRETARV
0131GINAL Copy
�01,11 VWDAN1,011 W050
Sanger that creates or receives records.
(3) "Director and Librarian" means the executive and
administrative officer of the Texas State Library and Archives
Commission.
(4) "Essential Record" means any record of the City of
Sanger necessary to resumption or continuation of operations of the City
of Sanger in an emergency or disaster, to the recreation of the legal and
financial status of the City of Sanger, or to the protection and fulfillment
of obligations to the people of the city,
(5) "Permanent Record" means any record of the City of
Sanger for which the retention period on a records control schedule Is
given as permanent.
(6) "Records Control Schedule" means a document prepared
by or under the authority of the Records Management Officer listing the
maintained by the City of Sanger, their retention periods, and other
records disposition information that the records management program
may require.
(7) "Records Liaison Officers" means the persons designated
under Section 10 of this ordinance.
(8) "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
premanent 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.
(9) "Records Management Committee" means the committee
established in Section 7 of this ordinance.
(10) "Records Management Officer" means the person
designated in Section 5 of this ordinance.
(11) " Records Management Plan" means the plan developed
under Section 8 of this ordinance.
(12) "Retention Period" means the minimum time that must
pass after the creation, recording, or receipt of a record, or fulfillment or
certain actions associated with a record, before it is eligible for
destruction.
Section 3. Municipal Government Records Declared
Public Property. All municipal records as defined in Section I of this
ordinance are hereby declared to be the property of the City of Sanger.
No municipal 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 prohibited.
Section 4. Policy. It is hereby declared to be the policy of
the City of Sanger to provide for efficient, economical, and effective
controls over the creation, distribution, organization, maintenance, use.,
and disposition of all municipal government records through a
comprehensive system of intergrate procedures for the management of
records from their creation to their ultiniate disposition, consistent with
the requirements of the Texas Local Government Records Act and
accepted records management practice.
Section 5. Designation of Records Management
Officer. The City Secretary, and the successive holders of said office,
shall serve as Records Management Officer for the City of Sanger. 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 tip the office, as
applicable.
Section U. Duties of Records Management Officer.
In addition to other duties assigned In this ordinance, the Records
Management Officer shall:
(1) administer the records management program and
DUBOW
ORDINANCE NO 11-90 PAGE 0
provide assistance to department in Its Implementation;
(2) plan, formulate, and prescribe records disposition
policies, systems, standards, and procedures;
(3) in cooperation with department heads, identify essential
records and establish a disaster plan for each municipal office and
department to ensure maximum availability of the records in order to re-
establish operations quickly and with minimum disruption and expense;
(4) develop procedures to ensure the permanent preservation
of the historically valuable records of the city,
(5) establish standards for filing and storage equipment and
for recordkeeping supplies;
(6) study the feasibility of and, If appropriate, establish a
uniform filing system and a forms design and control system for the City
of Sanger;
(7) provide records managernent advice and assistance to all
municipal departments by preparation of a manual or manuals of
procedures and polic and by on -site consolation;
(a) 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 municipality's
records control schedules are in compliance with state regulations;
(9) disseminate to the City Council and department heads
Information concerning state laws and administrative rules relating to
local government records;
(10) instruct Records Liaison Officers and other personnel in
policies and procedures of the records management plan and their duties
in the records management program;
(11) direct Records Liaison Officers or other personnel in the
conduct of records control schedules as required by state law and this
ordinance;
CITY SECRETARY
ORIGINAL COPY
ORDINANCE NO 11-90 PAGE 5
(12) ensure that the maintenance, preservation, microfilming,
destruction, or other disposition of the municipal government is carried
out in accordance with the policies and procedures of the records
management program and the requirements of state law;
(13) maintain records on the volume of records destroyed
under approved records 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;
(14) report annually to the City Council on the
in-iplementation of the records management plan in each department of
the City of Sanger, including summaries of the statistical and fiscal data -
compiled under Subsection (13); and
(15) bring to the attention of the City Council non-compliance
by department heads or other municipal personnel with the policies and
procedures of the records management program or the Local
Government Records Act.
5-egtiom.7� stablishment of Records Management
Committee; Duties. A Records Management Committee consisting of
the City Secretary/ Records Management Officer, Libraries,
A(Irninistration Assistance, Electric Director, and Public Works, and
Personnel Director, or their designated representatives, 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
actively support and promote the records management
program throughout the City of Sanger.
CITY SECRETARY
ORIGINAL COPY
Section U. Records Management Plan to be
Developed.; Approval of Plan; Authority of Plan. (a) The Records
Management Officer and the Records Management Committee shall
development a records management plan for the City of Sanger for
submission to the City Council. 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
municipality, and to properly preserve those records of the municipality
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 ordinance effectively
(b) Once approved by the City Council, the records
management plan shall be binding on all offices, departments, divisions,
programs, commissions, bureaus, boards, committees, or similar entities
of the City of Sanger and records shall be created, maintained, stored.,
microfilmed, and disposed of in accordance with that plan.
(c) 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 ordinance and the records management plan adopted
under it and may not be used by the department head as a basis for
refusal to participate in the records management program of the City of
Sanger,
In addition to other duties assigned in this ordinance,
department heads shall:
(1) cooperate with the Records Management Officer it)
carrying out the policies and procedures established in the City of Sanger
for the efficient and economical management of records and In carrying
out the requirements of this ordinance;
(2) adequately document the transaction of -government
business and. the services, programs, and duties for which the
department head and his or her staff are responsible; and
CITY SECRETARY
ORIGINAL Copy
ORDINANCE NO. 11-90 PAGE 7
(3) 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 Sanger and the requirements of this ordinance.
Each department head shall designate a member to serve as
Records Liaison Officer for the implementation of the records
management program in the department. If the Records Management
Officer determines that in the best interests of the records management
program more than one Records Liaison officer should be designated for
a department, the department head shall designate the number of Records
Liaison Officers specified by the Records Management Officer. 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 of Sanger maintained by the
department, In the event of the resignation, retirement, dismissal, or
removal by action of the department head 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.
Section 11. Duties and Reonsibilities of Records
Liaison Qff leers. 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
(q) disseminate information to department staff concerning
the records management program.
SeclWvn—U, Becor Conto rSchedules to be
As ------- I —
ever e �� It ilia it
State. (a) The Records
Mai)agement Officer, in cooperation with department heads and Records
CITY SECRETARY
ORIGINAL Copy
ORDINANCE NO. 11-90 PAGE 8
Liaison Officers, shall prepare records control schedules on a
department by department basis listing all records created or received by
the department and the retention period for each record. Records
control schedules shall also contain such other information regarding the
disposition of municipal records as the records management, plan may
require.
(b) Each records control schedules shall be monitored and
amended as needed by the Records Management Officer on a regular basis
to ensure that it is in compliance with records retention schedules issued
by the state and that it continues to reflect the recordkeeping procedures
and needs of the department and the records managernent program of
the City of Sanger.
(c) Before its adoption a records control schedule or
amended schedule for a department must be reviewed and approved by
the department head and forwarded for review and approval by the
inembers of the Records Management Committee.
(d) Before its adoption a records control schedule must be
submitted to and accepted for filing by the defined director and librarian
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.
Section 13. 1 tip t� t cal
Schedules- Destruction of RecoEds Under Schedule. (a) A
,records control schedule for a department that has been approved and
adopted under Section 12 shall be implemented by department heads and
Records Liaison Officers according to the policies and procedures of the
records management plan,
(b) 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 lawsuit, or the departinent, head requests in
writing to the Records Management Committee that the record he
retained for an additional period,
(c) Prior to the destruction of a, record under an approved
ORDINANCE NO. 11-90
[V.AV ot=]
records control schedule, authorization for the destruction
must be obtained by the Records Management Officer from the Records
Management Committee,
A
record that has not yet been listed on an approved records control
schedule tray be destroyed if its destruction has been approved in the
same manner as a record destroyed under an approved schedule and the
Records Management Officer has submitted to and received back from the
director and librarian an approved destruction authorization request.
Section 15. Records Center. A records center, developed
pursuant to the plan required by Section 8, shall be tinder 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 8.
Section 16. Micrographics. Unless a micrographics progratri
in a department is specifically exempted by order of the municipality, all
microfilming of records will be centralized and under the direct
supervision of the Records Management Officer, The records
management plan will establish policies and procedures for the
rnicrofil.ming of municipal records, including policies to ensure that all
microf Ilming is done in accordance with standards and procedures for
the microfilming of local government records established in rules of the
Texas State Library and Archives Commission. The plan will also
establish criteria for determining the eligibility of records for
microfilming, and protocols for ensuring that a microfilming program
that is exempted froin the centralized operations is, nevertheless, subject
to periodic review by the records management officer as to cost-
effectiveness, administrative efficiency, and compliance with Texas State
Library and Archives commission rules.
Section 17® Seves ablljjy-.0® If any section or part
of any sectic)4, paragraph or clause of this Ordinance is declared invalid
or unconstitutional for any reason., such declaration shall not be held to
Invalidate or Impair the validity, force or effect of any other section or
sections., part of sections, paragraphs or clause of this ordinance.
Section 10. Effective Date. This Ordinance shall become
effective from and after its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE
CITY OF SANGER, TEXAS BY A VOTE OF c) TO --o-- ON THIS THE
1.7—DAY OF December
Wel Armstrong, Mays
ATTEST:
Rosalie Garcia, City Secretary