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HomeMy WebLinkAbout021051 RES - 12/18/1990A RESOLUTION WHEREAS, Title 6, Subtitle C, Local Government Code (Local Government Records Act) provides that municipal governments must establish an active and continuing records management program to be administered by a Records Management Officer; and WIIEREAS, the City of Corpus Christi desires to adopt a RESOLUTION for that purpose and to prescribe policies and procedures consistent with the Local Government Records Act and in the interests of cost-effective and efficient recordkeeping; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. DEFINITION OF MUNICIPAL RECORDS. All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, 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 the City of Corpus Christi or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the local government records of the City of Corpus Christi (hereinafter referred to as "records"). The term "record" 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 employee'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, Vemon's Texas Civil Statutes), or other state law. SECTION 2. ADDITIONAL DEFINITIONS. (1) City Officer means the officer who is designated by the City Manager as responsible for the administration of an office, department, division, program, commission, bureau, board, committee or other similar body of the City of Corpus Christi which creates, maintains, or disposes of records. \oRD-IEs\90210 1 21.051. MICROFILMED (2) Essential record means any record of the City of Corpus Christi necessary to the resumption or continuation of operations of the City of Corpus Christi in an emergency or disaster, to the re-creation of the legal and financial status of the City of Corpus Christi, or to the protection and fulfillment of obligations to the people of the state. (3) Permanent record means any record of the City of Corpus Christi for which the retention period on a records control schedule is given as permanent. (4) Records control schedule means a document prepared by or under the authority of the Records Management Officer listing the records maintained by the City of Corpus Christi, their retention periods, and other records disposition information that the records management program may require. (5) Records management means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes 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, the protection of essential and permanent records, the economical and 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. (6) Records liaison officers mean the persons designated for the implementation of the records management program for a particular office, division or department of the City of Corpus Christi. (7) Records Management Committee means the committee consisting of the City Secretary, City Manager, City Attorney, Director of Finance, Risk Management Officer, and the Director of Information Services or their designees as hereby ordered to be established by the City Council. (8) Records Management Officer means the office of the City Secretary, and the successive holders of said office, which shall serve as Records Management Officer for the City of Corpus Christi. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty days of the initial designation or of taking up the office, as applicable. (9) Records management plan means the plan developed under Section 4. (10) Retention period means 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. SECTION 3. POLICY. It is hereby declared to be the policy of the City of Corpus Christi to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate \ORD-REs\90210 2 disposition, consistent with the requirements of the Texas Local Government Records Act and accepted records management practice. All municipal records of the City of Corpus Christi are hereby declared to be the property of the City of Corpus Christi. No municipal official or employee has, by virtue of his or her position, any personal or property right to such records even though it may have been developed or compiled by them. The unauthorized destruction, removal from files, or use of such records is prohibited. SECTION 4. RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF PLAN; AUTHORITY OF PLAN. (a) The Records Management Officer and the Records Management Committee shall develop a records management plan for the City of Corpus Christi. 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 carry out his or her duties. (b) Upon approval by the Records Management Committee the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the City of Corpus Christi and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan. (c) State laws relating to the duties, other responsibilities, or recordkeeping requirements of a City Officer do not exempt the City Officer or the records in the City Officer's care from the application of this Order and the records management plan adopted under it and may not be used by the City Officer as a basis for refusal to participate in the records management program of the City of Corpus Christi. SECTION 5. DUTIES OF RECORDS MANAGEMENT COMMTI I'hE. The Records Management Committee shall: (a) assist the Records Management Officer in the development of policies and procedures governing the records management program, (b) review the performance of the program on a regular basis and propose changes and improvements if needed; (c) review and approve records control schedules submitted by the Records Management Officer; (d) give final approval to the destruction of records in accordance with approved records control schedules; and (e) actively support and promote the records management program throughout the City of Corpus Christi. SECTION 6. DUTIES OF RECORDS MANAGEMENT OFFICER. In addition to other duties assigned in this Resolution, the Records Management Officer shall: \ono-RES\9o210 3 (1) administer the records management program and provide assistance to City Officers in its implementation; (2) plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) in cooperation with City Officers identify essential records and establish a disaster plan for each City office and department to ensure maximum availability of the records in order to re-establish 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) provide records management advice and assistance to all City departments or bodies in the preparation of manuals of procedure and policy and by on-site consultation; (6) monitor records retention schedules and administrative rules issued by the Texas 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; (7) disseminate to the City Council and City Officers information concerning state laws and administrative rules relating to local government records; (8) instruct Records Liaison Officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; (9) 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 Resolution; (10) ensure that the maintenance, preservation, microfilming, destruction, or other disposition of City records is carried out in accordance with the policies and procedures of the records management program and the requirements of state law; SECTION 7. DUTIES AND RESPONSIBILITIES OF CITY OFFICERS. In addition to other duties ordered in this Resolution, City Officers shall: (1) 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 Texas Local Government Records Act and the City's record management plan. (2) adequately document the transaction of government business and the services, programs, and duties for which the City Officer and associated staff are responsible; and \oxo-nss\9o210 4 (3) maintain department records 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 of Corpus Christi and the requirements of this Resolution. SECTION 8. DESIGNATION OF RECORDS LIAISON OFFICERS. The City Manager shall determine which City Officers shall designate a member of his or her staff to serve as Records Liaison Officer for the implementation of the records management program in a department, board, commission, division, or group thereof. If the Records Management Officer determines that in the best interests of the records management program more than one Records Liaison Officer should be designated for a department, board, commission, division or group thereof, the City Officer 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 specific City departments and shall have full access to all records of the City of Corpus Christi maintained by the departments. In the event of the resignation, retirement, dismissal, or removal by action of the City Officer of a person designated as a Records Liaison Officer, the City Officer shall promptly designate another person to fill the vacancy. Any City Officer or other employee may serve as Records Liaison Officer. SECTION 9. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS. In addition to other duties required by this Resolution, Records Liaison Officers shall: (a) conduct or supervise the conduct of inventories of the records of their respective departments in preparation for the development of records control schedules; (b) in cooperation with the Records Management Officer coordinate and implement the policies and procedures of the records management program in their departments; and (c) disseminate information to other City staff concerning the records management program. SECTION 10. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL; FILING WITH STATE. (a) The Records Management Officer, in cooperation with City Officers 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 department and the records management program of the City of Corpus Christi. (c) Before its adoption a records control schedule or amended schedule for a department must be approved by the City Officer and 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 as provided by state law. If a schedule is not accepted for filing, \oao-ass\90210 5 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. SECTION 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 Section 4 shall be implemented by City Officers 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 may be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or the City Other 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. SECTION 12. DESTRUCTION OF UNSCHEDULED RECORDS. A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the Records Management Officer has submitted to and received back from the director and librarian an approved destruction authorization request. SECTION 13. MICROGRAPHICS. The records management plan will establish policies and procedures for the microfilming of City records, including policies to ensure that all microfilming is done in accordance with standards and procedures for the microfilming of local government records established in rules of the Texas State Library and Archives Commission. The plan will also establish criteria for determining the eligibility of records for microfilming, and protocols for ensuring that a microfilming program that is exempted from the centralized operations is, nevertheless, subject to periodic review by the Records Management Officer as to cost- effectiveness, administrative efficiency, and compliance with commission rules. ATTEST: City Secretary LLt J"7t MAYOR THE CITY OF CORPUS CHRISTI APPROVED. /074 DAY OF )c%co....,kkr , 1990 HAL GEORGE, CITY ATTORNEY By Assistan City Attorney \oRD-RES\90210 6 Corpus Christi, Texas day of C-IL-OtkiUij , 19 96 The above resolution was passed by the following vote: Betty N. Turner Cezar Galindo Leo Guerrero Tom Hunt Edward A. Martin - Joe McComb //� Clif Moss (t)r Mary Rhodes 4__l__%%p Frank Schwing, Jr. 066 21051