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Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article and all policies and procedures established pursuant to this article, shall have the meanings hereinafter designated.
APPROVED RECORDS CONTROL SCHEDULE. A records control schedule that has been:
(a) Reviewed by the department director and the records management policy committee;
(b) Adopted by the records management policy committee; and
(c) Approved by the director and librarian of the Texas state library.
CITY RECORD. Every 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 state or federal law, that is created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business. A CITY RECORD does not include extra identical copies of documents created only for convenience of reference or research; notes, journals, diaries and similar documents created for the employee’s personal convenience; library or museum material acquired solely for reference, exhibit or display; or stocks of publications, advertisements or other unsolicited written materials received by the city or any of its officers or employees that does not involve public business.
DEPARTMENT. Any department, office, agency, division, program, commission, bureau, board, committee, task force, ad hoc committee or similar entity of the city.
DEPARTMENT DIRECTOR. The officer who by Charter, ordinance, order or administrative policy is in charge of a department or an office of the city that creates or receives city records.
ESSENTIAL RECORD. Any city record necessary to:
(a) The resumption or continuation of operations of the city in an emergency or disaster;
(b) The recreation of the legal and financial status of the city; or
(c) The protection and fulfillment of obligations to the citizens of the city.
HISTORICAL CITY RECORD. Any city record that is adjudged worthy of permanent preservation for reference and research purposes and suitable for deposit in the municipal archive.
LOCAL GOVERNMENT RECORDS ACT. Tex. Local Government Code, Title 6, subtitle C, as amended.
PERMANENT RECORD. Any city record for which the retention period on a records control schedule is given as permanent.
RECORDS CONTROL SCHEDULE. A document prepared by or under the authority of the records management officer that describes recurring records or records series on a continuing basis, indicating for each record or records series:
(1) The length of time the record or records series is to be maintained;
(2) When and if the record or records series may be destroyed or otherwise disposed of; and
(3) Other records disposition information that the records management program may require.
RECORDS DISPOSITION.
(1) The destruction of a city record that has passed its minimum legal retention period and no longer has value to the city; or
(2) Permanent storage of a permanent city record.
RECORDS INVENTORY. The process of locating, identifying and describing in detail the records of a department.
RECORDS LIAISON OFFICER. Any person designated under § 2-289 of this article.
RECORDS MANAGEMENT. The application of management techniques to the creation, use, maintenance, retention, preservation and disposal of city records for the purposes of reducing the costs and improving the efficiency of record keeping. The term includes:
(1) The development of records control schedules;
(2) The management of filing and information retrieval systems;
(3) The protection of essential and permanent records;
(4) The economical and space-effective storage of inactive records;
(5) The control over the creation and distribution of forms, reports and correspondence; and
(6) The management of micrographic, electronic and other records storage systems.
RECORDS MANAGEMENT OFFICER. The city employee serving in the position of records manager.
RECORDS MANAGEMENT PLAN. The plan developed under § 2-287 of this article.
RECORDS MANAGEMENT POLICY COMMITTEE. The committee established under § 2-286 of this article.
RETENTION PERIOD. The minimum time that must pass after the creation, recording or receipt of a city record, or after the fulfillment of certain actions associated with a city record, before the record is eligible for destruction.
(Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 1, passed 11-19-2002)
(a) There is hereby created a records management program in the city secretary’s office for the purpose of administering an active and continuing city-wide records management program.
(b) The records management program will be headed by the records manager, who shall be appointed by and work under the direction of the city secretary.
(Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 2, passed 11-19-2002; Ord. 17251, § 1, passed 10-31-2006; Ord. 18157-07-2008, § 1, passed 7-8-2008)
(a) There is hereby created a municipal archive in the Fort Worth public library for the purposes of housing, arranging, describing, preserving and making available for research the historical city records transferred from city departments.
(b) The municipal archive shall be headed by the municipal archivist, who shall be appointed by and work under the supervision of the library director.
(Ord. 12027, § 1, passed 7-11-1995)
(a) Every city record is the property of the city. No city officer or employee has, by virtue of his or her position, any personal or property right to a city record even though the city officer or employee may have developed or compiled the record. The unauthorized alteration, destruction, removal from files or use of a city record is prohibited. A city record exempted from public disclosure under state or federal law is not made subject to disclosure by its designation as city property under this section.
(b) A city record shall not be sold, loaned, given away, destroyed or otherwise alienated from the city’s custody unless done in accordance with the provisions of this article or unless destroyed as directed by an expunction order issued by a district court pursuant to state law. This section does not apply to a city record that is temporarily transferred to a contractor for purposes of microfilming, duplication, conversion to electronic media, restoration or a similar records management and preservation procedure if the transfer is authorized by the records management officer.
(c) Legal custody of a city record created or received by a department during the course of business remains with the department director or with the department director of any designated successor of the department. The legal custodian, as guardian of the record, does not relinquish responsibility for the care, preservation or legal disposition of the record even though physical custody of the record for maintenance and preservation purposes may be held by another department or agency. An original city record may not leave the custody of the department concerned when being used by a member of the public.
(d) Every officer or employee shall deliver to any successor all city records pertaining to the office held by the city officer or employee.
(e) A city record that has continuing historical value to the city may be transferred to the municipal archive upon agreement between the department director, the records management officer and the municipal archivist. Custody of the record will be known subsequently as archival custody, and ownership of the record remains with the city.
(f) The city shall maintain legal and physical custody of all city records belonging to any defunct department that does not have a named successor.
(Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 3, passed 11-19-2002)
The destruction of a city record involved in a pending request under Tex. Government Code Chapter 552, pending litigation or a pending audit is prohibited, even if the destruction of the record is authorized by an approved records control schedule.
(Ord. 12027, § 1, passed 7-11-1995)
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