(A) Office of Municipal Secretary created. The office of Municipal Secretary is created and shall receive such compensation as may be fixed by the Council. The Municipal Secretary may also be referred to as the Municipal Clerk.
(B) Powers and duties of Municipal Secretary. The Municipal Secretary shall:
(1) Attend each meeting of the governing body of the municipality and shall keep, in a record provided for that purpose, accurate minutes of the governing body's proceedings;
(2) Engross and enroll all laws, resolutions, and ordinances of the governing body;
(3) Keep the corporate seal;
(4) Take charge of, arrange, and maintain the records of the governing body;
(5) Countersign all commissions issued to municipal officers and all licenses issued by the Mayor, and keep a record of those commissions and licenses;
(6) Prepare all notices required under any regulation or ordinance of the municipality;
(7) Draw all the warrants on the Treasurer, countersign the warrants, and keep, in a record provided for that purpose, an accurate account of the warrants;
(8) Carefully keep all contracts made by the governing body; and
(9) Perform all other duties required by law, ordinance, resolution, or order of the governing body.
(C) Designation as Records Management Officer. In addition to all other powers and duties set forth herein, the Municipal Secretary is also designated as the Records Management Officer for the city.
(D) Powers and duties of Municipal Secretary as Records Management Officer. The City Secretary shall file his or her name with the Director and Librarian of the Texas State Library within 30 days of the initial designation or assumption of the office, as applicable. In addition to other duties assigned, the Records Management Officer shall:
(1) Assist in establishing and developing policies and procedures for a records management program for the city;
(2) Administer the records management program and provide assistance to custodians for the purposes of reducing the costs and improving the efficiency of record keeping;
(3) In cooperation with the custodians of the records:
(a) Prepare and file with the Director and Librarian the records control schedules and amended schedules required by Tex. Loc. Gov’t. Code, § 203.041 and the list of obsolete records as provided by Tex. Loc. Gov’t. Code, § 203.044; and
(b) Prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by Tex. Loc. Gov’t. Code, § 203.045, of requests to destroy the originals of permanent records that have been microfilmed as provided by Tex. Loc. Gov’t. Code, § 204.008, and of electronic storage authorization requests as provided by Tex. Loc. Gov’t. Code, § 205.007;
(4) In cooperation with custodians, identify and take adequate steps to preserve local government records that are of permanent value;
(5) In cooperation with custodians, identify and take adequate steps to protect essential local government records;
(6) In cooperation with custodians, ensure that the maintenance, preservation, microfilming, destruction, or other disposition of records is carried out in accordance with the policies and procedures of the local government's records management program and the requirements of this subtitle and rules adopted under it;
(7) Disseminate to the governing body and custodians information concerning state laws, administrative rules, and the policies of the government relating to local government records; and
(8) In cooperation with custodians, establish procedures to ensure that the handling of records in any context of the records management program by 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.
(Ord. 2018-11-05, passed 11-5-2018)
Statutory reference:
Other municipal officers, see Tex. Loc. Gov’t. Code, § 22.071
Powers and duties of municipal officers; bond, see Tex. Loc. Gov’t. Code, § 22.072
Powers and duties of secretary, see Tex. Loc. Gov’t. Code, § 22.073
Duties of Records Management Officer, see Tex. Loc. Gov’t. Code, § 203.023
Designation of Records Management Officer, see Tex. Loc. Gov’t. Code, § 203.025