Loading...
95-06 O - City Records Retention • gow)2 of gizoy2ET P.O. Box 297 Prosper, Texas 75078 214/347-2304 ORDINANCE # 95-06 CITY RECORDS RETENTION WHEREAS, TEX. REV. STAT. ANN. ART. 6574c, PROVIDES THAT ANY INCORPORATED CITY MAY ADOPT AN ORDINANCE PROVIDING FOR THE MICROPHOTOGRAPHY, DESTRUCTION OR OTHER DISPOSITION OF PUBLIC RECORDS, AND WHEREAS, THE CITY OF PROSPER DESIRES TO ADOPT AN ORDINANCE FOR THAT PURPOSE AND TO PRO- VIDE FOR AN ORDERLY AND EFFICIENT SYSTEM OF RECORDS RETENTION, RETRIEVAL, AND DESTRUCTION: NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER: SECTION 1 . DEFINITION OF CITY RECORDS. ALL PAPERS, CORRESPONDENCE, MEMORANDA, ACCOUNTS, REPORTS, MAPS, PLANS, PHOTOGRAPHS, SOUND AND VIDEO RECORDINGS, FILES, MICROFORM, MAGNETIC OR PAPER TAPE, PUNCHED CARD, OR OTHER DOCUMENTS, REGARDLESS OF PHYSICAL FORM OR CHARACTE- RISTIC, WHICH HAVE BEEN OR SHALL BE CREATED, RECEIVED, FILED, OR RECORDED BY ANY CITY OFFICE OR DEPARTMENT OR ITS LAWFUL SUCCESSOR, OR OFFICIALS THEREOF IN PURSUANCE OF LAW OR ORDINANCE OR IN THE CONDUCT, TRANSACTION, OR PERFORMANCE OF ANY BUSINESS, DUTY, OR FUNCTION OF PUBLIC BUSINESS, WHETHER OR NOT CONFIDENTIAL OR RESTRICTED IN USE, ARE HEREBY DECLARED TO BE RECORDS OF THE CITY OF PROSPER, 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. LIBRARY AND MUSEUM MATERIALS ACQUIRED SOLELY FOR REFERENCE, EXHIBIT, OR DISPLAY AND STOCKS OF PUBLICATIONS SHALL NOT CONSTITUTE RECORDS FOR PURPOSE OF THIS ORDINANCE. SECTION 2. CITY RECORDS DECLARED PUBLIC PROPERTY. ALL CITY RECORDS AS DEFINED IN SECTION 1 OF THIS ORDINANCE ARE HEREBY DECLARED TO BE PROPERTY OF THE CITY OF PROSPER. 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. SECTION 3. POLICY. IT IS HEREBY DECLARED TO BE THE POLICY OF THE CITY OF PROSPER TO PROVIDE FOR EFFICIENT, ECONOMICAL, AND EFFECTIVE CONTROLS OVER THE CREATION, DISTRIBUTION, ORGANIZATION, MAINTENANCE, USE, AND DISPOSITION OF ALL CITY RECORDS THROUGH A COMPREHEN- SIVE SYSTEM OR INTEGRATED PROCEDURES FOR THE MANAGEMENT OF RECORDS FROM THEIR CREATION TO THEIR 'ULTIMATE DISPOSITION. SECTION 4. DUTIES OF RECORDS MANAGER. THE RECORDS MANAGER SHALL HAVE THE FOLLOWING DUTIES, AS ASSIGNED BY THE CITY MAYOR: HOWEVER, DUTIES ASSIGNED SHALL BE LIMITED TO RECORDS MANAGEMENT ACTIVITIES. ( 1) PLAN, FORMULATE, AND PRESCRIBE BASIC FILES MANAGEMENT AND RECORDS DISPOSITION POLICIES, SYSTEMS, STANDARDS, AND PROCEDURES. (2) PREPARE RECORDS RETENTION AND DISPOSITION SCHEDULES FOR ALL CITY OFFICES AND 410 SECTION I DEPARTMENTS, DEFINE AND IDENTIFY VITAL AND PERMANENT RECORDS, AND ESTABLISH RETENTION PERIODS FOR ALL RECORDS. RETENTION PERIODS SHALL BE NO-SHORTER THAN DESIRED BY THE ORIGINATING OFFICE, BUT SHALL BE AS LONG AS DEEMED NECESSARY BY EITHER THE RECORDS MANAGER, THE CITY MAYOR. (3) REVIEW SCHEDULES ANNUALLY AND UPDATE OR AMEND AS NEEDED. (4) COORDINATE THE CITYWIDE FILES MANAGEMENT AND RECORDS DISPOSITION PROGRAMS AND REPORT ANNUALLY TO THE CITY COUNCIL ON PROGRAM EFFECTIVENESS IN EACH CITY DEPART- MENT. (5) PROVIDE RECORDS MANAGEMENT ADVICE AND ASSISTANCE TO MAYOR AND COUNCIL BY PREPARATION OF MANUALS OF PROCEDURES AND POLICIES AND BY ON-SITE CONSULTATION. (6) DEVELOP, DISSEMINATE, AND COORDINATE FILES MAINTENANCE AND RECORDS DISPOSI- TION PROCEDURES, INCLUDING BUT NOT LIMITED TO THOSE PRESCRIBED BY THIS ORDINANCE, TO MEET THE CURRENT AND LONG-TERM INFORMATION NEEDS OF THE CITY. (7) TRAIN OTHER PERSONNEL IN THE FUNDAMENTALS OF RECORDS MANAGEMENT AND THEIR DUTIES IN THE RECORDS MANAGEMENT PROGRAM. (8) CARRY OUT AT THE PROPER TIME ACTIONS SUCH AS DESTRUCTION, AND TRANSFERS THAT ARE REQUIRED BY RECORDS SCHEDULES. (9) DESIGN AND MANAGE THE OPERATIONS OF A RECORDS CENTER FOR THE LOW COST STORAGE OF INACTIVE RECORDS. ( 10); ESTABLISH AND MONITOR COMPLIANCE WITH STANDARDS FOR FILING AND STORAGE EQUIP- MENT AND SUPPLIES IN THE CITY OFFICE AND REPORT TO THE CITY MAYOR FAILURE OF ANY OFFICER TO COMPLY WITH STANDARDS. KEEP CAREFUL RECORDS OF SAVINGS IN EQUIPMENT, SUPPLIES, AND STAFF COSTS REALIZED THE CITY THROUGH IMPLEMENTATION OF RECORDS MANAGEMENT PROGRAM. REPORT ANNUALLY SUCH COST SAVINGS TO THE CITY MAYOR, THE REPORT SHALL INCLUDE THE AMOUNT OF STORAGE SPACE AND EQUIPMENT RELEASED FOR OTHER USES. ( 11) DEVELOP A CITYWIDE FORMS DESIGN AND CONTROL SYSTEM. ( 12) ESTABLISH IN COOPERATION WITH OTHER RESPONSIBLE CITY OFFICIALS A DISASTER PLAN FOR THE CITY OFFICE TO INSURE MAXIMUM AVAILABILITY OF RECORDS FOR RE-ESTABLISHING OPERATIONS QUICKLY AND WITH MINIMUM DISRUPTION AND EXPENSE. ( 13) DEVELOP PRECEDURES TO INSURE THE PERMANENT PRESERVATION OF THE HISTORICALLY VALUABLE RECORDS OF THE CITY. ( 14) PROTECT PRIVACY AND ASSURE AVAILABILITY OF PUBLIC INFORMATION FROM RECORDS STORED IN RECORDS CENTER: BRING TO ATTENTION OF CITY MAYOR ANY ONE NOT IN COMPLIANCE WITH LAWS OR ORDINANCES REGARDING PUBLIC ACCESS TO INFORMATION OR PROTECTION OF PRIVACY. ( 15) PREPARE AND SUBMIT ANNUALLY TO THE CITY MAYOR THE BUDGET REQUIRED OF THE RECORDS MANAGEMENT DEPARTMENT TO ENABLE IT TO FULFILL THE RECORDS MANAGEMENT GOALS OF THE CITY. SECTION 5. RESPONSIBILITIES OF CITY DEPARTMENT HEADS. THE CITY OFFICE AND RECORDS RECORDS MANAGER ARE RESPONSIBLE FOR THE IMPLEMENTATION AND OPERATION OF EFFECTIVE (2) • FILES OPERATIONS, RECORDS TRANSFERS AND DISPOSITIONS, AND OTHER ACTIVITIES IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE. SECTION 6. CITY OFFICE TO USE RECORDS SCHEDULES. THE CITY OFFICE SHALL ADOPT RECORDS RETENTION AND DISPOSITION SCHEDULES AND DESTROY, TRANSFER, OR OTHERWISE DISPOSE OF RECORDS ONLY ACCORDING TO SUCH SCHEDULES. SECTION 7. DEVELOPMENT OF RECORDS RETENTION AND DISPOSITION SCHEDULES. RETENTION PERIODS TO BE INCLUDED IN RECORDS SCHEDULES SHALL BE SUBMITTED BY THE RECORDS MANAGER TO THE CITY MAYOR, WHO SHALL NOTIFY THE RECORDS MANAGER WITHIN 10 WORKING DAYS OF HIS APPROVAL OR OF ANY OBJECTION TO A RETENTION PERIOD. AT THE EXPIRATION OF THE TEN DAY PERIOD, IF NO OBJECTION HAS BEEN SUBMITTED, THE RECORDS SCHEDULE SHALL BE ADOPTED AND SHALL HAVE FULL FORCE AS SUFFICIENT AUTHORIZATION FOR RECORDS DESTRUCTION OR OTHER ACTION. IF OBJECTION IS MADE, THE RECORDS MANAGER SHALL DETERMINE A RETENTION PERIOD SATISFACTORY TO THE OFFICE OR DEPARTMENT CONCERNED, TO THE MAYOR. WHEN A RECORDS RETENTION AND DISPOSITION SCHEDULE IS ADOPTED, IT SHALL THENCEFORTH CONSTITUTE FULL AUTHORITY TO DESTROY, TRANSFER, MICROPHOTOGRAPH, OR TAKE OTHER ACTIONS, AND THE CITY COUNCIL HEREBY DIRECTS THAT SUCH ACTION BE TAKEN BY THE RECORDS MANAGER OR UNDER HIS SUPERVISION. THE RECORDS MANAGER SHALL NOTIFY THE STATE LIBRARIAN OF INTENDED DESTRUCTION, AS REQUIRED BY LAW, BUT NO FURTHER NOTICE TO THE CITY COUNCIL OR OTHER CITY OFFICE SHALL BE REQUIRED. REVISION OF RETENTION PERIODS SHALL BE SUBMITTED FOR REVIEW TO THE CITY COUNCIL IN THE SAME MANNER AS THE ORIGINAL RETENTION PERIODS. SECTION 8. 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 RECORDS MANAGER. PRIOR TO SUCH DESTRUCTION THE RECORDS MANAGER SHALL SUBMIT LISTS OF RECORDS TO BE DESTROYED TO THE CITY COUNCIL, WHO SHALL GIVE NOTICE WITHIN 10 WORKING DAYS OF ANY RECORDS THEY BELIEVE SHOULD NOT BE DESTROYED, AND SUCH RECORDS SHALL BE RETAINED FOR A PERIOD SUGGESTED BY EITHER. THE RECORDS MANAGER 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 AND NO LONGER NEEDED FOR ADMINISTRATIVE, LEGAL, FISCAL, OR OTHER RESEARCH PURPOSES. SECTION 9. PRESERVATION OF PERMANENT RECORDS. THE RECORDS MANAGER SHALL DEVELOP PROCEDURES TO INSURE THE PERMANENT PRESERVATION OF THE HISTORICALLY VALUABLE RECORDS OF THE CITY. THE RECORDS MANAGER SHALL PROVIDE HOUSING UNDER ARCHIVAL CONDITIONS FOR SUCH RECORDS IN THE RECORDS CENTER OR IN ANOTHER MUNICIPAL FACILITY AND IN SUCH MANNER THAT THE RECORDS, UNLESS THEIR USE IS RESTRICTED BY LAW OR REGULATION, ARE OPEN TO THE PUBLIC FOR RESEARCH PURPOSES. IF CITY-OWNED FAICLITIES ARE NOT AVAILABLE, THE RECORDS MANAGER SHALL ARRANGE FOR THE TRANSFER OF THE 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 PRESER- VATION NOT CONTRARY TO LAW OR REGULATION. IN NO CIRCUMSTANCES SHALL THE PERMANENT 3<.- RECORDS OF THE CITY BE TRANSFERRED TO PRIVATE INDIVIDUALS, TO PROVATE HISTORICAL SOCIETIES OR MUSEUMS, OR TO PRIVATE COLLEGES OR UNIVERSITIES. SECTION 10. NON-CURRENT RECORDS NOT TO BE MAINTAINED IN OFFICE FILES. RECORDS NO LONGER REQUIRED IN THE CONDUCT OF CURRENT BUSINESS BY THE OFFICE OF THE CITY SHALL BE PROMPTLY TRANSFERRED 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 • (3) SUCH RECORDS SHALL NOT BE MAINTAINED IN CURRENT OFFICE FILES OR EQUIPMENT. PASSED AND APPROVED THIS THE 14th DAY OF MARCH , 1995 , BY ACTION OF THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS. GRADY MOTHERMON, MAYOR ATTEST: SHIR EY JA 0 , ECRETARY 111 (4)