(a) Short Title. This section shall be known as the Martinsburg Records Management and Preservation Ordinance.
(b) Definitions. As used in this section:
(1) "Records" means document, book, paper, photograph, sound recording, video tape, microfilm, electronic tapes or other material regardless of physical form or characteristic made or received pursuant to law or ordinance or in connection with the transaction of official business.
(2) "Local Record" means a record of County, City, Town, Authority, or Political Entity, whether organized and existing under charter of general law unless the record is treated as a State Record under State Law.
(3) "State Record" is defined in West Virginia Code of 1931, as amended, Chapter 5, Article 8, Section 3C.
(4) "Agency" means any department, office, commission board, or other unit, however designated, of the City of Martinsburg.
(5) "Preservation Duplicate" means a copy of a vital City Record which is used for the purpose of preserving such City Record pursuant to this article.
(6) "Retention and Disposal Schedule" is that schedule listing the records of the various agencies of the City Government and minimum time they must be retained to fulfill their administrative, legal, or fiscal purposes.
(c) Types of Records to be Preserved. Local Records which are within the following types are vital records which should be preserved pursuant to this article:
TYPE A - Records containing information necessary to the operation of government in the event of an emergency created by a disaster.
TYPE B - Records not within Type A, but containing information necessary to protect the rights and interest of persons; to affirm the powers and duties of government in resumption of operation after a disaster.
(d) City Records Administrator. The City Recorder is hereby designated as City Records Administrator, herein called the Records Administrator, and shall establish and administer a records management program to apply efficient and economical management methods to the creation, utilization, maintenance and retention, preservation and disposal of City Records, and shall maintain a program for the selection and preservation of vital City Records for the City of Martinsburg.
(e) Duties of Administrator. The Records Administrator shall, with proper regard for the functions of the agencies affected:
(1) Establish standards, procedures, and techniques for effective management of records.
(2) Make surveys of paperwork operations and recommend improvements in current records management practices. These surveys shall include, but are not limited to the use of space, equipment supplies used in creating, maintaining, storing, and servicing records.
(3) Prepare, in cooperation with the Department Heads, retention and disposal schedules for the retention of City records and for prompt disposal of City records having no further administrative, legal or fiscal value.
(4) Select the City records which are vital and determine their type pursuant to this section.
(5) Obtain the approvals of retention and disposal schedules as may be appropriate from the various state agencies having auditing and supervisory responsibilities of various City records.
(f) Vital Records; Safekeeping. The Records Administrator shall prescribe the place and manner of safekeeping vital City records, and with the approval of the City Council, establish storage facilities therefore.
(g) Confidential Records. When a City record is required by law to be treated in a confidential manner, the Records Administrator shall protect its confidential nature.
(h) Review of Program. The Records Administrator shall review as required, but at least annually, the program for preservation of all City records and update the program as may be required. The 1986 Municipal Records Manual, developed by the State of West Virginia, shall be used as the reference for disposal and retention of City records.
(i) Retention and Disposal Schedule. Retention and disposal schedules, promulgated by the Records Administrator and approved by the City Manager, control the retention and disposal of City records. Amendments to this schedule shall be approved by City Council in the regular course of business.
(j) Disposal of Records. No records shall be destroyed by any Department of the City unless the Records Administrator has determined the record has no further administrative, legal, fiscal, or historical value.
(k) Destruction Of Non-record Materials. Materials not included in the definition of records in this section, if not otherwise prohibited by law or ordinance, may be destroyed without prior approval of the Records Administrator. (Ord. 95-01. Passed 2-9-95.)