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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