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(a) The records management officer, in cooperation with department directors and records liaison officers, shall prepare records control schedules on a department by department basis that describe and establish the retention periods for all city records created or received by each department.
(b) A records control schedule must contain such other information regarding the disposition of city records as the records management plan may require. Every city record identified on a records control schedule, or any amendment to the schedule, or in any request for destruction of a record shall be specifically described.
(c) Any records control schedule, amendment to a schedule, or request for destruction of a record that contains general terms such as “miscellaneous” and “various” to describe any record identified in such a document will not be submitted to the records management policy committee for consideration.
(d) Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis to ensure that the schedule is in compliance with records retention schedules issued by the state and that the schedule continues to reflect the record keeping procedures and needs of the department and the records management program of the city.
(e) Before its adoption, a records control schedule or amended schedule for a department must be approved by the department director.
(f) A records control schedule shall be submitted by the records management officer to, and accepted for filing by, the director and the librarian of the Texas state library, as provided by state law, before the schedule may be implemented.
(Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 6, passed 11-19-2002)
(a) The department director and records liaison officer of a department for which a records control schedule has been approved and adopted shall implement the schedule in accordance with the policies and procedures of the records management plan.
(b) A department director or records liaison officer shall notify the records management officer when a city record is eligible for destruction.
(c) Before a city record is destroyed under an approved records control schedule, the records management officer must obtain authorization for the destruction from the records management policy committee, unless the approved schedule specifies that the record may be destroyed without additional review or authority of the records management policy committee.
(d) A city record whose retention period has expired on an approved records control schedule must be destroyed unless:
(1) A request for the record is pending under Tex. Government Code Chapter 552;
(2) The subject matter of the record is pertinent to pending litigation or audit; or
(3) The department director requests in writing to the records management officer that the record be retained for an additional period.
(e) A city record that is obsolete or that has not been identified on an approved records control schedule may be destroyed if:
(1) Its destruction has been approved in the same manner required by this article for the destruction of a record that is identified on an approved records control schedule; and
(2) The records management officer has submitted to and received from the director and librarian of the Texas state library an approved request for destruction authorization.
(Ord. 12027, § 1, passed 7-11-1995)
(a) An officer or employee of the city who knowingly or intentionally violates this article or a policy or procedure adopted under this article commits a misdemeanor punishable by a maximum fine of $500.
(b) Pursuant to Tex. Local Government Code, § 202.008, an officer or employee of the city commits a Class A misdemeanor if the officer or employee knowingly or intentionally violates the local government records act or the rules adopted under said act, by destroying or alienating a local government record in contravention of the act or by intentionally failing to deliver records to a successor in office. A Class A misdemeanor is punishable by a fine of up to $4,000, confinement in jail for up to one year, or both.
(Ord. 12027, § 1, passed 7-11-1995)
For the purposes of this article:
ACTUAL DAMAGES. Compensatory damages only and interest, if any, which has accrued thereon but does not include punitive or exemplary damages, fines or penalties.
AUTHORIZED OFF-DUTY OPERATION. Operation of a city vehicle by a plan member in accordance with department policy while not in the scope of employment for the purpose of:
(1) Commuting to and from work and home; or
(2) Commuting to and from the work place and an off-site parking facility.
CITY. The City of Fort Worth, Texas.
CITY ATTORNEY. The city attorney of the City of Fort Worth, Texas, or any of his or her assistants.
CITY VEHICLE. A motor vehicle leased or owned by the City of Fort Worth.
COMMUTING. Direct travel in a city vehicle to or from the worksite(s) of a plan member, including to or from an off-site parking facility including returns to the worksite(s) outside of the plan member's normal work hours. Commuting is not in the scope of employment.
OFF-SITE PARKING FACILITY. City facilities and other locations along the plan member's reasonable commute route to and from the worksite(s) that are determined to be adequately secure by the authorizing department and are approved for the purpose of parking a city vehicle during non-work hours. Selection of an off-site parking facility is made based in part on the convenience of the facility to an individual plan member. Travel between an off-site parking facility and a plan member's worksite(s) is not in the scope of employment.
PLAN. The Personal Liability and Indemnity Plan defined and governed by this article.
PLAN MEMBER.
(1) Any employee, volunteer or elected or appointed officer of the city, any former employee, volunteer or officer of the city, or the estate of an employee, volunteer or officer or former employee, volunteer or officer; and
(2) Any member or former member of a city board, commission or committee created by Charter, ordinance or resolution of the city, or the estate of said member.
REMOTE PARKING FACILITY. A city facility or other approved location at which a plan member is directed to park a city vehicle due to limitations at the primary site or for the operational convenience of the city. Selection of a remote parking facility is made without regard to the convenience of the facility to an individual plan member. Travel between a remote parking facility and a plan member's worksite(s) is in the scope of employment.
SCOPE OF EMPLOYMENT. Has the same meaning as set out in the Texas Tort Claims Act, being Tex. Civ. Practice and Remedies Code, Chapter 101, as it may be amended from time to time.
VOLUNTEER. Only a person who has been approved as a volunteer by the city and who is working under the direction and supervision of an employee or officer of the city.
(Ord. 9943, § 1, passed 9-1-1987; Ord. 14577, § 1, passed 4-4-2001; Ord. 22767-06-2017, § 1, passed 6-20-2017)
(a) The city shall pay the actual damages, in accordance with and as limited by the terms of the plan that a plan member is legally obligated to pay arising from any claim, lawsuit or judgment against a plan member, whether or not the city is a party defendant, if said damages:
(1) (a) Result from an act or omission of the plan member while in the scope of his or her employment with the city or during assigned volunteer work with the city; or
(b) Relate to authorized off-duty operation of a city vehicle for which coverage is provided under § 2-299; and
For the purpose of this section, travel between a worksite and an assigned remote parking facility is in the scope of employment.
(2) Arise from a cause of action for negligence.
(b) This section shall apply only to acts or omissions occurring or alleged to have occurred after the effective date of this article and to acts or omissions occurring or alleged to have occurred prior to the effective date of this article which are not barred by any statute of limitations. This section shall not apply to any lawsuit pending on the effective date of this article.
(Ord. 9943, § 1, passed 9-1-1987; Ord. 14577, § 2, passed 4-4-2001; Ord. 22767-06-2017, § 2, passed 6-20-2017)
(a) To be entitled to coverage, a plan member must:
(1) Notify risk management within five days after receipt of any written notice of claim;
(2) No later than five days after receipt of a lawsuit, notify the city attorney and request in writing legal representation by the city attorney;
(3) Assist and cooperate with the city and its authorized representatives in the investigation of such claim or lawsuit;
(4) Assist and cooperate in the defense of the lawsuit, including attending hearings, depositions, and trials; securing and giving evidence; and cooperating in enforcing any right of contribution or indemnity;
(5) Not give any oral or written statement concerning a lawsuit or claim, except upon the advice of the city attorney or a representative from the risk management division of finance or when questioned by a police office at the scene of an accident; and
(6) Not voluntarily make any payment, assume or admit any liability, settle or agree to settle any claim or lawsuit, incur any expense or assume any obligation with respect to a claim or lawsuit, except upon advice and consent of the city attorney or risk management.
(b) The failure or refusal of a plan member to comply with any of the above requirements may be grounds for denial of coverage or legal representation under this article.
(Ord. 9943, § 1, passed 9-1-1987; Ord. 14934, § 3, passed 1-22-2002; Ord. 22767-06-2017, § 3, passed 6-20-2017)
Except as provided by § 2-299 related to City Vehicle Coverage, the city will pay the actual damages that a plan member is legally obligated to pay for any claim, lawsuit or judgment covered by this article, provided that payments under this article by the city will not exceed $100,000 per occurrence.
(Ord. 9943, § 1, passed 9-1-1987; Ord. 17652, § 1, passed 7-17-2007; Ord. 22767-06-2017, § 4, passed 6-20- 2017)
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