ORD 1990-31 - Records Management Program For City Of Huntsville 12-04-1990ORDINANCE NO. 90- EM
AN ORDINANCE AMENDING ARTICLE III. RECORDS, OF CHAPTER
2. ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE
CITY OF HUNTSVILLE, TEXAS, TO PROVIDE FOR THE
ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT
PROGRAM FOR THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR
PURPOSE OF RECORDS MANAGEMENT PROGRAM; AUTHORIZING THE
CITY MANAGER TO ESTABLISH AND ADMINISTER THE RECORDS
MANAGEMENT OFFICE FOR THE CITY; PROVIDING DEFINITIONS
FOR RECORDS MANAGEMENT PROGRAM; PROVIDING RECORDS
MANAGEMENT DUTIES FOR THE CITY MANAGER AND CITY COUNCIL,
AND THE RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH
RESPECT THERETO; PROVIDING FOR THE DESTRUCTION, OR OTHER
DISPOSITION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND ALL
OTHER MUNICIPAL RECORDS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS the Texas Local Government Records Act requires the governing body
of each local government to adopt an ordinance, order or plan
establishing a records management program before January 1, 1991;
and
WHEREAS the City of Huntsville desires to establish, promote, and support an
active and continuing program for the efficient and economical
management of all City of Huntsville records, and cause policies and
procedures to be developed for the administration of the program
under the direction of the City's records management officer;
NOW, THEREFORE,
Be it ordained by the City Council of the City of Huntsville, Texas, that
SECTION 1: That Article III. Records, of Chapter 2, Administration of the Code
of Ordinances of the City of Huntsville, Texas, is hereby amended to
read as follows:
Section 2 -40. Definitions.
(a) Local government record. Any document, paper, letter, book, map,
photograph, sound or video recording, microfilm, magnetic tape,
electronic medium, or other information recording medium, 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. The term does not include:
(1) extra identical copies of documents created only for
convenience of reference or research by officers or employees
of the City of Huntsville;
(2) notes, journals, diaries, and similar documents created by an
officer or employee of the City, for the officer's or
employee's personal convenience;
(3) blank forms;
(4) stocks of publications;
(5) library and museum materials acquired solely for the purposes
of reference or display; or
(6) copies of documents in any media furnished to members of the
public to which they are entitled under Article 6252-17a,
Vernon's Texas Civil Statutes, or other state law.
(b) Commission. The Texas State Library and Archives Commission.
(c) Custodian. The appointed or elected public officer who by the state
constitution, state law, ordinance, or administrative policy is in
charge of an office that creates or receives City records. For the
purpose of this ordinance, custodian includes department heads under
the administration of the City Manager, who are responsible for all
records in his/her department, the City Attorney, the City Judge, or
the City Secretary.
(d) Director and librarian. The executive and administrative officer of
the Texas State Library and Archives Commission.
(e) Essential Record. Any City record 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 City, or
to the protection and fulfillment of obligations to the people of
the state.
(f) Office. Any office, department, division, program, commission,
bureau, board, committee, or similar entity of the City of
Huntsville.
(g) Permanent record or record of permanent value. Any City record for
which the retention period on a records retention schedule issued by
the commission is given as permanent.
(h) Record. A record of the City of Huntsville.
(i) Records control schedule. A document prepared by or under the
authority of the records management officer listing the records
maintained by the City of Huntsville, their retention periods, and
other records disposition information that the records management
program in Huntsville may require.
(j) Records management. 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 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 and
electronic and other records storage systems.
(k) Records management officer. The City Manager or the City Manager's
designee.
(1) Retention period. 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.
State law reference - Texas Local Government Code § 201.003.
Section 2 -41. Records management program, records management officer.
(a) The City Manager is authorized to establish and administer the
records management program for the City of Huntsville, Texas,
pursuant to legal, fiscal, administrative, and archival
requirements.
(b) The City Manager or his designee is hereby named records management
officer.
(c) The City Manager shall implement a program to encompass such areas
of records management as are required to preserve and keep in order
all books, papers, documents, records and files of the City Council
and of the executive departments to achieve the following results:
(1) release space and reduce the need for storage and filing
equipment;
(2) establish an efficient retrieval operation for both active and
inactive municipal records;
(3) provide for routine disposition of paperwork;
(4) maintain security over municipal records;
(5) communicate the need of an effective records management
program; and
(6) secure a central records storage facility which can be
operated and maintained by records management staff.
(d) The requirements of this Article shall be known and may be cited as
the "Records Management Program of the City of Huntsville, Texas ",
providing for the proper and efficient management of the municipal
records of the City of Huntsville, Texas.
(e) The citizens of Huntsville have a right to expect efficient and
cost - effective government. Recognizing the importance of City
records in the lives of all citizens, the efficient management of
City records is necessary to the effective and economic operation of
the City, the preservation of records of permanent value is
necessary to provide the people of the state with resources
concerning their history and to document their rights of citizenship
and property, and the establishment of uniform standards and
procedures for the maintenance, preservation, microfilming, or other
disposition of City records is necessary to fulfill the higher
public purpose.
(f) It is hereby declared to be the policy of the City of Huntsville to
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.
State law reference - Texas Local Government Code § 203.025 and 201.002.
Section 2 -42. Records as public property; destruction and use of records.
(a) All City records, as defined as Section herein are hereby
declared to be property of the City of Huntsville, Texas. No City
official or employee has, by virtue of position, any personal or
property right to such records even though he or she may have
developed or compiled them.
(b) The unauthorized destruction, removal from files, or use of City
records is prohibited.
State law reference - Texas Local Government Code § 201.005.
Section 2 -43. Records management officer duties.
The records management officer shall have the following duties, and others
as assigned by the City Council, and as provided by state law:
(a) assist in establishing and developing policies and procedures for a
records management program for the City, which program shall include
basic files management and records disposition policies, systems,
standards and procedures;
(b) administer the records management 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 before
January 2, 1995, the records control schedules and the list of
obsolete records required by the Act;
(2) prepare and file with the director and librarian amended
schedules as needed to reflect new records created or received
by the City;
(3)
prepare or direct the preparation of requests for
authorization to destroy records not on an approved control
schedule as provided by the Act, of requests to destroy the
originals of permanent records that have been microfilmed, and
of electronic storage authorization requests;
(d) in cooperation with custodians, identify and take adequate steps to
preserve City records that are of permanent value;
(e) in cooperation with custodians, identify and take adequate steps to
protect essential City records;
(f) in cooperation with custodians, ensure the maintenance,
preservation, microfilming, destruction of records is carried out in
accordance with the policies and procedures of the City's record
management program and requirements of state law;
(g) disseminate to the City Council and custodians information
concerning state laws, administrative rules, and the policies of the
City relating to local government records through a records manual
which may be amended from time to time and other means of
communication;
(h) in cooperation with custodians, establish procedures to ensure that
the handling of records in any context of the records management
officer or those under the Officer's authority is carried out with
due regard for: (a) the duties and responsibilities of custodians
that may be imposed by law; and (b) the confidentiality of
information in records to which access is restricted by law.
report annually to the City Council on program effectiveness;
(j) provide records management advice and assistance to all City offices
and departments, by preparation of manuals of procedure and policies
and by on-site consultation;
(k) carry out destruction and transfers that are required by records
schedules, and carry out micro-photography tasks when staff and
central facility becomes available;
(1) design and manage the operations of a records center for the low
cost storage of inactive records and as a future site for a
centralized micrographics program;
(m) develop a City wide forms design and control system; and
(n) establish in cooperation with other responsible City officials a
disaster plan for each City office and department to insure maximum
availability of records for re- establishing operations quickly and
with minimum disruption and expense.
State law reference - Texas Local Government Code § 203.023.
Section 2 -44. City Council duties.
The City Council shall:
(a) establish, promote, and support an active and continuing program for
the efficient and economical management of all City of Huntsville
records;
(b) cause policies and procedures to be developed for the administration
of the program under the direction of the records management
officer;
(c) facilitate the creation and maintenance of City records containing
adequate and proper documentation of the organization, functions,
policies, decisions, procedures, and essential transactions of the
City and designed to furnish the information necessary to protect
the legal and financial rights of the City, the State, and persons
affected by the activities of the City government;
(d) facilitate the identification and preservation of City records that
are of permanent value;
(e) facilitate the identification and protection of essential City
records;
(f) cooperate with the commission in its conduct of statewide records
management surveys; and
(g) review records control schedules, or amended schedules, as it
considers necessary.
State law reference - Texas Local Government Code § 203.021.
Section 2 -45. Custodians of records.
Custodians of records in the City shall:
(a) cooperate with the records management officer in carrying out the
policies and procedures established by the City for the efficient
and economical management of records and in carrying out
requirements under the Act;
(b) adequately document the transaction of City business and the
services, programs, and duties for which the custodian and the
custodian's staff are responsible;
(c) maintain the records in the custodian's care and carry out their
preservation, microfilming, destruction, or other disposition only
in accordance with the policies and procedures of the City's records
management program and the requirements of the Act and rules adopted
thereunder;
(d) designate records officers within their offices and provide the
Records Management Officer the names of the designees and all
persons working under their supervision, such records officers to
report directly to the custodian in their department on matters
relating to the records management program and have full access to
all files in their respective departments; and
(e) State law relating to the duties, other responsibilities, or record
keeping requirements of a custodian of records does not exempt the
custodian or the records in the custodian's care from the
application of this ordinance or rules adopted by the State under
the Local Government Records Act of 1989, and may not be used by the
custodian as a basis for refusal to participate in the City of
Huntsville Records Management Program.
State law reference - Texas Local Government Code § 203.022(a) and
203.022(b).
Section 2 -46. Microfilming of records.
(a) Microfilm. Any roll microfilm, microfiche, and all other formats
produced by any method of microphotography or other means of
miniaturization on film.
(b) Microfilming. The methods, procedures, and processes used to
produce roll microfilm, microfiche, or other microphotographic
formats.
(c) All microfilming activities by custodians must be carried out under
rules established by the Commission.
(d) All City of Huntsville procedures and materials used for microfilm
and microfilming City records shall be done and acquired under the
aegis of state law, and the City will be subject to all the law,
rules, standards and procedures as outlined in the Act.
State law reference - Texas Local Government Code chapter 204.
Section 2 -47. Electronic storage of records.
(a) Electronic storage. The maintenance of City record data in the form
of digital electronic signals on a computer hard disk, magnetic
tape, optical disk, or similar machine - readable medium.
(b) Source document. The City record from which City record data is
obtained for electronic storage. The term does not include backup
copies of the data in any media generated from electronic storage.
(c) Any City record data may be stored electronically in addition to or
instead of source documents in paper or other media, subject to the
requirements of the Act and rules adopted under it.
(d) The City will be subject to rules established by the Commission for
standards and procedures for electronic storage and will be subject
to the provisions of Chapter 205 of the Act.
State law reference - Texas Local Government Code chapter 205.
Section 2-48. Public access to record copies.
(a) The public shall have free access to information in micrographs or
microfilm to which they are entitled under law. Such copied records
shall be placed in conveniently accessible files and the public
shall be allowed to use, examine, exhibit or project or enlarge the
same upon request and during regular office hours.
(b) The City shall not charge for personnel time in making records
available for public inspection under the Texas Open Records Act.
State law reference - 1 T.A.C. § 113.63(b).
Section 2-49. Fees for copies of certain records.
The cost for provisions of City records shall be as follows:
(a) Police automobile accident reports, each $3 00
(b) Municipal court records, including judgements
and complaints, each $3 00
(c) Minutes of council or other boards or
commissions, per page 25
(d) Copies of resolutions, ordinances, and other
legal documents, per page
$ 25
Minimum $3 00
(e) Maps or plats:
Up to 24" x 36" blueline, each . . . . . ..... $400
Up to 24" x 36" mylar, each $6 00
Larger than 24" x 36", each ....... . . . . $800
(f) Property tax certificate, each $10 00
(g) The charge for other office machine copies of pages up to and
including legal size (8 1/2 inches by 14 inches) are as follows:
(1) for 50 pages or less of readily available information, the
guideline charge shall be $.10 per page; or
(2) for more than 50 pages of readily available information, the
guideline charge shall be $.85 for the first page and $.15 for
each additional page;
(3) for any quantity of information deemed to be not readily
available, the actual charge shall be the combined components
of $.70 for the first page and $.15 for each page thereafter,
plus actual labor costs incurred by the City in providing the
requested information. The City's actual labor costs of
providing information may include costs of locating and
preparing the information and may be computed by multiplying
the amount of time actually spent in these activities times
the salary rate of the employee performing these activities.
For economy and efficiency purposes, an average salary rate
composed of all the individuals within the City who perform
these tasks may be computed to be used as a standard rate to
be applied in all cases; and
(4) in establishing charges, the City may add any postal related
expenses which may be necessary to transmit the reproduced
documents to the requesting party to the charges established
pursuant to this subsection.
(h) Other records or documents may be reproduced at a fee to be
determined by the City manager and equal to the labor and material
cost to provide such copy.
State law reference - 1 T.A.C. § 113.
SECTION 2: Upon the adoption of this ordinance, the City Manager is directed to
file with the director and librarian within thirty (30) days the
name and office of the Records Management Officer of the City and a
copy of this ordinance which establishes the Records Management
Program of the City of Huntsville, Texas. See Texas Local
Government Code § 203.026(c).
SECTION 3: All ordinances or parts of ordinances inconsistent with the terms of
this ordinance are hereby repealed; provided, however, that such
repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by
this ordinance.
SECTION 4: If any provision, section, exception, subsection, paragraph,
sentence, clause or phrase of this ordinance or the application of
same to any person or set of circumstances, shall for any reason be
held unconstitutional, void or invalid, such invalidity shall not
affect the validity of the remaining provisions of this ordinance or
their application to other persons or sets of circumstances and to
this end all provisions of this ordinance are declared to be
severable.
SECTION 5: Any person who shall intentionally violate any provision of this
ordinance shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine of not more than two hundred
($200) dollars.
SECTION 6: This ordinance shall take effect immediately from and after its
passage by the City Council of the City of Huntsville.
Introduced, read and passed by the affirmative vote of the City Council of the
City of Huntsville, this the '/y17 day of -DECEMBER , 1990.
ATTEST:
th DeShaw, City Secretary
APPROVED AS TO FORM:
a1/4,iz
Scott Bounds, City Attorney
Jane/ onday, it Mayor