§ 2-280 MUNICIPAL ARCHIVE.

   (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)

§ 2-281 CITY RECORDS.

   (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)

§ 2-282 PROHIBITIONS ON DESTRUCTION OF CITY RECORDS.

   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)

§ 2-283 DUTIES OF THE CITY COUNCIL.

   The city council shall:

   (a)   Establish, promote and support an active and continuing program for the efficient and economical management of all city records; and

   (b)   Be subject to the same duties and responsibilities required of a department by this article, any policy or procedure established under this article, and state law.

(Ord. 12027, § 1, passed 7-11-1995)

§ 2-284 DUTIES OF THE CITY MANAGER.

   The city manager shall:

   (a)   Cause policies and procedures to be developed for the administration of the program under the direction of the records management officer;

   (b)   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;

   (c)   Facilitate the identification and preservation of city records that are of permanent value; and

   (d)   Facilitate the identification and protection of essential records.

(Ord. 12027, § 1, passed 7-11-1995)

§ 2-285 RECORDS MANAGEMENT OFFICER.

   (a)   The city council hereby designates the position of records manager to serve as records management officer for the city.

   (b)   When the individual serving as the records management officer changes, that person shall file his or her name with the director and librarian of the Texas state library within 30 days after the date of assuming office.

   (c)   The records management officer shall perform those duties assigned in the policies and procedures established pursuant to this article, all duties established by state law, and shall:

      (1)   Administer the city’s record management program under the direction of the city secretary and provide advice and assistance to department directors in its implementation;

      (2)   Assist and advise the records management policy committee in establishing and developing policies and procedures for the city’s records management program;

      (3)   Prepare and submit for approval records control schedules for all departments in accordance with § 2-289.1 of this article;

      (4)   In cooperation with department directors, identify essential records and establish a disaster and recovery plan for the records of each department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense;

      (5)   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 city’s records control schedules are in compliance with state regulations;

      (6)   Disseminate to the city council, the city manager, the department directors and the records management policy committee information concerning state laws and administrative rules relating to city records;

      (7)   Instruct records liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records management program;

      (8)   Direct records liaison officers or other personnel in the conduct of records inventories in preparation for the development of records control schedules as required by state law and this article;

      (9)   Ensure that the maintenance, preservation, microfilming, electronic storage, destruction and other disposition of city records is carried out in accordance with the policies and procedures of the records management program and the requirements of state law;

      (10)   Maintain statistics on the volume of city 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;

      (11)   Report annually to the city council on the implementation of the records management plan in each department of the city, including summaries of the statistical and fiscal data compiled under § 2-287 of this article;

      (12)   Bring to the attention of the records management policy committee any noncompliance by a department director or other personnel with the policies and procedures of the records management program or state law;

      (13)   Review and submit departmental requests for authorization for electronic storage of city records to the director and librarian of the Texas state library as required by state law; and

      (14)   Develop procedures to ensure the permanent preservation of the historically valuable records of the city.

(Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 4, passed 11-19-2002; Ord. 17251, § 1, passed 10-31-2006; Ord. 18157-07-2008, § 1, passed 7-8-2008)

§ 2-286 RECORDS MANAGEMENT POLICY COMMITTEE.

   (a)   The committee shall consist of the city attorney, city auditor, city secretary, director of information technology solutions and risk manager, or their designees.

   (b)   The committee shall select and maintain a chairperson. The chairperson shall be responsible for calling meetings of the committee and presiding over the meetings as needed.

   (c)   The records management officer shall serve as the executive secretary of the committee, coordinate its actions, provide recommended policies and procedures, and assist the committee in carrying out its functions.

   (d)   The committee shall:

      (1)   Establish policies and procedures necessary for the implementation and administration of the city’s records management program;

      (2)   Review the performance of the program on a regular basis and propose changes and improvements if needed;

      (3)   Review, approve and adopt records control schedules submitted by the records management officer; and

      (4)   Actively support and promote the records management program throughout the city.

(Ord. 12027, § 1, passed 7-11-1995; Ord. 14934, § 2, passed 1-22-2002; Ord. 15336, § 5, passed 11-19-2002; Ord. 17251, § 1, passed 10-31-2006; Ord. 18157-07-2008, § 1, passed 7-8-2008)