§ 37.03 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DEPARTMENT HEAD. The officer who, by the Charter or by ordinance, order or administrative policy, is in charge of a department of the city that creates or receives records.

   ESSENTIAL RECORD. Any record of the city necessary to the resumption or continuation of operations of the city in an emergency or disaster, to the re-creation of the legal and financial status of the city or the protection and fulfillment of obligations to the people of the state.

   PERMANENT RECORD. Any record of the city 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 listing the records maintained by the city, their retention periods and other records disposition information that the Records Management Program may require.

   RECORDS LIAISON OFFICERS. The persons designated under § 37.09(A) of this chapter.

   RECORDS MANAGEMENT. The application of management techniques to the creation, use, maintenance, retention, preservation and disposal of records for the purpose of reducing the costs and improving the efficiency of recordkeeping. The term includes the development of records control schedules, the management of filing and information retrieval systems, space-effective storage of inactive records, control over the creation and distribution of forms, reports and correspondence, and the management of micrographics and electronic and other records storage systems.

   RECORDS MANAGEMENT COMMITTEE. The Committee established in § 37.05 of this chapter.

   RECORDS MANAGEMENT OFFICER. The person designated in § 37.07(A) of this chapter.

   RECORDS MANAGEMENT PLAN. The plan developed under § 37.06 of this chapter.

   RETENTION PERIOD. The minimum time that must pass after the creation, recording or receipt of a record or the fulfillment of certain actions associated with a record before it is eligible for destruction.

(1998 Code, § 2-203)

§ 37.04 CITY RECORDS DECLARED PUBLIC PROPERTY.

   All city records, as defined in § 37.02 of this chapter, are hereby declared to be the property of the city. No city official or employee has, by virtue of his or her position, any personal or property right to such records, even though he or she may have developed or compiled them. The unauthorized destruction, removal from files or use of such records is prohibited.

(1998 Code, § 2-204)

Statutory reference:

   Similar provisions, see Tex. Local Gov’t Code § 201.005

§ 37.05 RECORDS MANAGEMENT COMMITTEE.

   (A)   A Records Management Committee consisting of four people shall be appointed by the Mayor. One Committee member shall be the City Attorney.

   (B)   The Committee shall:

      (1)   Assist the Records Management Officer in the development of policies and procedures governing the Records Management Program;

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

      (3)   Review and approve records control schedules submitted by the Records Management Officer;

      (4)   Give final approval to the destruction of records in accordance with approved records control schedules; and

      (5)   Actively support and promote the Records Management Program throughout the city.

(1998 Code, § 2-205)

§ 37.06 RECORDS MANAGEMENT PLAN.

   (A)   The Records Management Officer and the Records Management Committee shall develop a Records Management Plan for the city for submission to the Mayor and City Commission. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the city, and to properly preserve those records of the city that are of historical value. The plan must be designed to enable the Records Management Officer to effectively carry out his or her duties prescribed by state law and this chapter.

   (B)   Once approved by the city, the Records Management Plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees or similar entities of the city, and records shall be created, maintained, stored, microfilmed or disposed of in accordance with the plan.

   (C)   State law relating to the duties, other responsibilities or recordkeeping requirements of a department head do not exempt the department head or the records in the department head’s care from the application of this chapter and the Records Management Plan adopted under it and may not be used by the department head as a basis for refusal to participate in the Records Management Program of the city.

(1998 Code, § 2-206)

§ 37.07 RECORDS MANAGEMENT OFFICER DESIGNATED; DUTIES.

   (A)   The City Commission shall appoint, upon recommendation by the Mayor, the Records Management Officer for the city.

(1998 Code, § 2-207)

   (B)   In addition to other duties assigned in this chapter, the Records Management Officer shall:

      (1)   Administer the Records Management Program and provide assistance to department heads in its implementation;

      (2)   Plan, formulate and prescribe records disposition policies, systems, standards and procedures;

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

      (4)   Develop procedures to ensure the permanent preservation of the historically valuable records of the city;

      (5)   Establish standards for filing and storage equipment and for recordkeeping supplies;

      (6)   Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the city;

      (7)   Provide records management advice and assistance to all city departments by preparation of a manual or manuals of procedure and policy and by on-site consultation;

      (8)   Monitor records retention schedules and administrative rules issued by the 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;

      (9)   Disseminate to the Mayor and City Commission and department heads information concerning state laws and administrative rules relating to local government records;

      (10)   Instruct records liaison officers or other personnel in policies and procedures of the Records Management Plan and their duties in the Records Management Program;

      (11)   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 chapter;

      (12)   Ensure that the maintenance, preservation, microfilming, destruction or other disposition of the city records is carried out in accordance with the policies and procedures of the Records Management Program and the requirements of state law;

      (13)   Maintain records on the volume of records destroyed under approved records control schedules, and the volume of records microfilmed or stored electronically; and

      (15)   Bring to the attention of the Mayor and City Commission non-compliance by department heads or other city personnel with the policies and procedures of the Records Management Program or Tex. Local Gov’t Code §§ 201.001 et seq.

(1998 Code, § 2-208)

(Ord. 99-49, passed 7-21-1999)

§ 37.08 DUTIES OF DEPARTMENT HEADS.

   In addition to other duties assigned in this chapter, department heads shall:

   (A)   Cooperate with the Records Management Officer in carrying out the policies and procedures established in the city for the efficient and economical management of records and in carrying out the requirements of this chapter;

   (B)   Adequately document the transaction of government business and the services, programs and duties for which the department head and his or her staff are responsible; and

   (C)   Maintain the records in his or her care and carry out their preservation, microfilming, destruction or other disposition only in accordance with the policies and procedures of the Records Management Program of the city and the requirements of this chapter.

(1998 Code, § 2-209)

§ 37.09 DESIGNATION OF RECORDS LIAISON OFFICERS; DUTIES.

   (A)   Each department head shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the Records Management Program in the department. If the Records Management Officer determines that, in the best interests of the Records Management Program, more than one Records Liaison Officer shall be designated for a department, the department head shall designate the number of Records Liaison Officers specified by the Records Management Officer. Persons designated as Records Liaison Officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the city maintained by the department. In the event of the resignation, retirement, dismissal or removal by action of the department head of a person designated as a Records Liaison Officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as Records Liaison Officer for his or her department.

(1998 Code, § 2-210)

   (B)   In addition to other duties assigned in this chapter, Records Liaison Officers shall:

      (1)   Conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules;

      (2)   In cooperation with the Records Management Officer, coordinate and implement the policies and procedures of the Records Management Program in their departments; and

      (3)   Disseminate information to department staff concerning the Records Management Program.

(1998 Code, § 2-211)

§ 37.10 DEVELOPMENT AND APPROVAL OF RECORDS CONTROL SCHEDULES; FILING WITH STATE LIBRARY.

   (A)   The Records Management Officer, in cooperation with department heads and Records Liaison Officers, shall prepare records control schedules on a department-by-department basis listing all records created or received by the department and the retention period for each record. Records control schedules shall also contain such other information regarding the disposition of city records as the Records Management Plan may require.

   (B)   Each records control schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the departments and the Records Management Program of the city.

   (C)   Before its adoption, a records control schedule or amended schedule for a department must be approved by the department head and the members of the Records Management Committee.

   (D)   Before its adoption, a records control schedule must be submitted to and accepted for filing by the Director and Librarian of the State Library as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the records control schedules to the Director and Librarian.

(1998 Code, § 2-212)

§ 37.11 IMPLEMENTATION OF RECORDS CONTROL SCHEDULES; DESTRUCTION OF RECORDS UNDER SCHEDULE.

   (A)   A records control schedule for a department that has been approved and adopted under § 37.10 of this chapter shall be implemented by department heads and Records Liaison Officers according to the policies and procedures of the Records Management Plan.

   (B)   A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending lawsuit, or the department head requests in writing to the Records Management Committee that the record be retained for an additional period.

   (C)   Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the Records Management Officer from the Records Management Committee.

(1998 Code, § 2-213)