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OR 90-475 Definition of City Records AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 90475 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 1 OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL; ESTABLISHING A DEFINITION OF CITY RECORDS; DECLARING CITY RECORDS AS CITY PROPERTY; DESIGNATING A RECORDS MANAGER AND PRESCRIBING THE DUTIES OF RECORDS MANAGER; DESIGNATING RESPONSIBILITIES OF THE RECORDS MANAGER AND DEPARTMENT DIRECTORS WITHIN THE CITY FOR THE DEVELOPMENT OF RECORDS RETENTION, DISPOSITION AND PRESERVATION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WMEREAS, State law through the Texas Local Government Records Act, enacted by the State Legislature in 1989 under the title H.B. 1285, as amended from time to time, hereafter referred to as the "Act," provides that each governing body in local government shall designate a Records Manager on or before June 1, 1990; and W}]EREAS, the City of Coppell in conformity with said Act desires to establish, promote and support an active and continuing program for the efficient and economical management of all City of Coppell records and cause policies and procedures to be developed for administration of the program under the direction of the Records Manager; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1. AMENDING CODE TO DESIGNATE A RECORDS MANAGER The City of Coppell Code of Ordinances is hereby amended by adding to Chapter 1 the following new Article 1-9: "Article 1-9" Records Management Program Section 1-9-1 PURPOSE That the governing body of the City of Coppell, Texas does hereby designate a Records Manager to administer a Records Management Program for the orderly and efficient retention, retrieval and destruction of the records of the City of Coppell, Texas. Section 1-9-2 DEFINITION OF CITY RECORDS That the term "local government record" means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by a local government or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. The term does not include: A) Extra identical copies of documents created only for convenience of reference or research by officers or employees of the local government; B) Notes, journals, diaries, and similar documents created by an officer or employee of the local government for the officer's or emplyee's personal convenience; C) Blank forms; D) Stocks of publications; E) Library and museum materials acquired solely for the purposes of reference or display; or F) Copies of documents in any media furnished to members of the public to which they are entitled under Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), or other state law. Section 1-9-3 DECLARATION OF RECORDS AS CITY PROPERTY That local government records as defined in Section 1-9-2 of this ordinance, created or received in the transaction of official business or the creation or maintenance of which were paid for by public funds are declared to be City property and are subject to the provisions of this subtitle and Subchapter J, Chapter 441, Government Code. A local government officer or employee does not have, by virtue of the officer's or employee's position, any personal or property right to a local government record even though the officer or employee developed or compiled it. Section 1-9~4 PENALTY: DESTRUCTION OR ALIENATION OF RECORD AND PERSONAL LIABILITY This ordinance is adopted pursuant to the Texas Local Government Records Act which provides that an officer or employee of a local government commits an offense if the officer or employee knowingly or intentionally violates this subtitle or rules adopted under it by destroying or alienating a local government record in contravention of this subtitle or by intentionally failing to deliver records to a successor in office as provided by said Act. An offense under said Act is a Class A misdemeanor. A custodian of local government records, records management officer, or other officer or employee of a local government may not be held personally liable for the destruction of a local government record if the destruction is in compliance with this subtitle and rules adopted under it. Section 1-9-5 POLICY It is hereby declared to be the policy of the City of Coppell to provide for efficient, economical, and effective control over the creation, distribution, organization, maintenance, use and disposition of all City records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. It is also hereby declared to be the policy of the City of Coppell that every employee and officer of the City shall be responsible for carrying out the goals and objectives of the City's Records Management Program in compliance with said Act. Section 1-9-6 DUTIES AND RESPONSIBILITIES OF CITY COUMCIL Pursuant to the Texas Local Government Records Act, the City Council shall: 1) Establish, promote, and support an active and continuing program for the efficient and economical management of all local government records; 2) Cause policies and procedures to be developed for the administration of the program under the direction of the records manager; 3) Facilitate the creation and maintenance of local government records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the local government and designed to furnish the information necessary to protect the legal and financial rights of the local government, the state, and persons affected by the activities of the local government; 4) Facilitate the identification and preservation of local government records that are of permanent value; 5) Facilitate the identification and protection of essential local government records; and 6) Cooperate with the Texas State Library and Archives Commission in its conduct of statewide records management surveys. Section 1-9-7 OFFICE OF RECORDS MANAGER ESTABLISHED The City Secretary shall serve as Records Manager and shall administer the Records Management Program of the City of Coppell. The Records Manager shall be responsible for citywide files management and the direction and control of the City's records disposition program. Section 1-9-8 DUTIES OF RECORDS MANAGER The Records Manager shall have the following duties, and others as assigned in accordance with legal, fiscal, administrative, and/or archival requirements. A. Plan, formulate and prescribe basic files management and records disposition policies, systems, standards and procedures. B. Prepare records retention and dispositions schedules, in cooperation with Department Directors for all City offices and departments; define and identify vital and permanent records; and establish retention periods for all records. Retention periods shall be no shorter than desired by the originating office, but shall be as long as deemed necessary by either the Records Manager, the City Attorney, the City Manager, or the City Council. C. Review schedules annually and update or amend as needed. D. Coordinate the citywide files management and records disposition programs by providing advice and/or assistance to all City offices and departments concerning the Records Management Program. E. Develop, disseminate and coordinate files maintenance and records disposition procedures, including but not limited to those prescribed by this ordinance, to meet the current and long-term information needs of the City. F. Train departmental Records Officers (or Technician or Clerk) and other personnel in the fundamentals of records management and their duties in the Records Management Program. G. Establish and monitor compliance with standard for filing and storage equipment and supplies in all City offices and departments and report to the City Manager failure of any officer or department to comply with standards. H. Establish, in cooperation with other City Staff, a disaster plan for each City office and department to insure maximum availability of records for re-establishing operations quickly and with minimum disruption and expense. I. Develop procedures in insure the permanent preservation of the historically valuable records of the City. J. Protect privacy and assure availability of public information from records stored in records center; bring to the attention of the City Manager any office not in compliance with laws or ordinances regarding public access to information or protection of privacy. Section 1-9-9 DUTIES AND RESPONSIBILITIES OF CITY DEPARTMENT DIRECTORS All City offices and Department Directors are responsible for the implementation and operations, records transfers and dispositions, and other activities in accordance with the provisions of this ordinance within their areas of responsibility. They shall designate Records Officers (or Technicians or Clerks) within their offices and provide the Records Manager the names of such designees and of all file stations and files custodians under their supervision. Persons designated as Records Officer (or Technicians or Clerks) shall report directly to the Director of their department on matters relating to the records management program and should have full access to all files in their departments. Section 1-9-10 DUTIES AND RESPONSIBILITIES OF RECORDS OFFICERS (or Technicians or Clerks) The Records Officer (or Technician or Clerk) in each office and department is responsible for providing coordination between the Records Manager and personnel in his or her office to ensure that provisions of this ordinance are complied with. This responsibility shall include overseeing the application of records schedules within the office or department. Section 1-9-11 CITY OFFICES TO USE RECORDS SCHEDULES All City offices and departments shall adopt records retention and disposition schedules and destroy, transfer, or otherwise dispose of records only according to such schedules. Section 1-9-12 DEVELOPMENT OF RECORDS RETENTION AND DISPOSITION SCHEDULES Retention periods to be included in records schedules shall be submitted by the Records Manager to the City Manager, Department Directors, and City Attorney, who shall notify the Records Manager within ten (10) working days of their approval or of any objection to a retention period. At the expiration of the ten (10) day period, if no objection has been submitted, the records schedule shall be adopted and shall have full force as sufficient authorization for records destruction or other action. If objection is made, the Records Manager shall determine a retention period satisfactory to the office or department concerned, to the City Manager, to the Department Director and to the City Attorney. In no event shall the retention period be shorter than that determined under Section 1-9-8 B of this ordinance. When a records retention and disposition schedule is adopted, it shall thenceforth constitute full authority to destroy, transfer, microphotograph, or take other actions, and the City Council hereby directs that such action be taken by the Records Manager or under his/her supervision. The Records Manager shall notify the State Librarian of intended destruction, as required by law, but no further notice to the City Council or other City office shall be required. Revision of retention periods shall be submitted for review to the City Attorney and City Manager and Department Directors in the same manner as the original retention periods. Section 1-9-13 ONE-TIME DESTRUCTION OF OBSOLETE RECORDS Prior to adoption of records schedules for an office, one-time destruction of accumulated obsolete records of that office may be made by or under the supervision of the Records Manager. Prior to such destruction, the Records Manager shall submit lists of records to be destroyed to the City Manager and City Attorney, who shall give notice within ten (10) working days of any records they believe should not be destroyed, and such records shall be retained for a period suggested by either. The Records Manager shall also submit notice as required by law to the State Librarian. Obsolete records shall include those no longer created by the office or department and no longer needed for administrative, legal, fiscal or other research purposes. Section 1-9-14 RECORDS CENTER The Records Center operation shall utilize one or more storage areas or buildings to store inactive records; to insure the security of such records from deterioration, theft, or damage during the period of storage; and to permit fast, efficient retrieval of information from stored records. Section 1-9-15 PRESERVATION OF PERMANENT RECORDS The Records Manager shall develop procedures to insure the permanent preservation of the historically valuable records of the City. The Records Manager shall provide housing under archival conditions for such records in the Records Center or in another municipal facility and in such manner that the records, unless their use is restricted by law or regulation, are open to the public for research purposes. If City-owned facilities are not available, the Records Manager shall arrange for the transfer of the records to the Texas State Library for perpetual care and preservation in one of its nearby Regional Historical Resource Depositories, or shall make other arrangements for their permanent preservation not contrary to law or regulation. In no circumstances shall the permanent records of the City be transferred to private individuals, to private historical societies or museums, or to private colleges or universities. Section 1-9-16 NON-CURRENT RECORDS NOT TO BE MAINTAINED IN OFFICE FILES Records no longer required in the conduct of current business by any office of the City shall be promptly transferred to the Records Center or archives or the State Library, or be destroyed, at the time such action is designated on an approved records schedule. Such records shall not be maintained in current office files or equipment. SECTION 2. REPEALING CLAUSE All ordinances or parts of ordinances of the City of Coppell, Texas, in conflict with or inconsistent with this ordinance are repealed to the extent of the conflict or inconsistency. SECTION 3. SEVNfJ(ABILITY CLAUSE If any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4. EFFECTIVE DATE This ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULY PASSED by the Cit Council of the City of Coppell, Texas this the .~ day of ~ , 1990. APPROVED: ATTEST: APPROVED AS TO FORM: