Ord. 0537 07-13-87q/
ORDINANCE NO. 537
AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION
OF A RECORDS AND INFORMATION MANAGEMENT PROGRAM FOR THE CITY OF
PEARLAND, TEXAS; PROVIDING RECORDS MANAGEMENT DUTIES FOR THE
CITY SECRETARY; PROVIDING OWNERSHIP OF MUNICIPAL RECORDS AND
RESPONSIBILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT
THERETO; PROVIDING FOR DESTRUCTION OF ORIGINAL MUNICIPAL PUBLIC
RECORDS AND FOR OTHER MUNICIPAL RECORDS; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; HAVING A SAVINGS
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
CODIFICATION.
WHEREAS, Texas Revised Civil Statutes Annotated, Article 6574c,
provides that any incorporated City may adopt an ordinance providing
for the microphotography, destruction, or other disposition of public
records; and
WHEREAS, the City of Pearland, Texas desires to adopt an ordinance
for that purpose and to provide for an orderly and efficient system of
records retention, retrieval, and destruction;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
I.
That Chapter 2 (Administration) of the Code of Ordinances of the
City of Pearland, Texas, shall be and the same is hereby amended by
adding a new Article IV thereto, which shall be entitled "Records and
Information Management," and which shall hereafter read as follows:
Section 1. Definition of City Records
All papers, correspondence, memoranda, accounts, reports, maps, plans,
photographs, sound and video recordings, files, microform, magnetic or
paper tape, punched card, or other documents, regardless of physical
form or characteristic, which have been or shall be created, received,
filed, or recorded by any City office or department or its lawful
successor, or officials thereof in pursuance of law or ordinance or in
the conduct, transaction, or performance of any business, duty or
function of public business, whether or not confidential or restricted
in use, are hereby declared to be records of the City of Pearland.
Said records shall be created, maintained and disposed of in
accordance with the provisions of this ordinance or procedures
authorized by it and in no other manner. Library and museum materials
acquired solely for reference, exhibit, or display and stocks of pub-
lications shall not constitute records for purposes of this ordinance.
Other specific definitions of Records and Information Management
terminology shall be provided in the appropriate policies and
procedures of the program.
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Section 2. City Records Declared Public Property
All City records as defined in Part I., Section 1 of this Ordinance
are hereby declared to be property of the City of Pearland. 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. Provided,
however, that City records exempted from public disclosure under State
or Federal law shall not be made subject to disclosure by their
designation as City property under this section.
Section 3. Policy and Purpose
This ordinance shall be known and may be cited as the "Records and
Information Management Ordinance for the City of Pearland, Texas." It
is hereby declared to be the policy of the City of Pearland to develop
a Records and Information Management Program that provides for
efficient, economical, and effective control over the creation, dis-
tribution, 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 dispo-
sition.
Section 4. Records and Information Management Responsibility
Established
There is hereby established a Records and Information Management
Program. The City Manager is responsible for directing and
coordinating records management operations among the City offices and
departments. The City Secretary shall administer the Records and
Information Management Program and shall be responsible for City-wide
files management and the direction and control of the City's records
disposition program.
Section 5. Duties of City Secretary
The City Secretary shall have the following duties, in addition to
her other duties, and others as assigned by the City Manager:
1. The organization, by cooperation of all City Department's
personnel, of a physical inventory of all City records.
2. The implementation of an appraisal process of all inventoried
records.
3. Plan, formulate, and prescribe basic files management and
records disposition policies, systems, standards and
procedures.
4. Prepare records retention and disposition schedules in
cooperation with department heads for all City departments,
define and identify vital and permanent records, and establish
retention periods for all records.
5. Review schedules annually and update or amend as needed.
6. Coordinate the City-wide files management and records
disposition programs and report same to the City Manager on
program effectiveness in each City department.
7. Provide records management advice and assistance to all City
offices and departments, by preparation of manuals of
procedures and policies and by on -site consultation.
8. Develop, disseminate, and coordinate files maintenance and
records disposition procedures, including but not limited to
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those prescribed by this ordinance, to meet the current and
long-term information needs of the City.
9. Train departmental Records Officers and other personnel in the
fundamentals of records management and their duties in the
records management program.
10. Carry out, at the proper time, actions such as destruction and
transfers that are required by record schedules.
11. Design and manage the operations of a records center for the
low-cost storage of inactive records.
12. Establish and monitor compliance with standards for filing and
storage equipment and supplies in all City offices and depart-
ments, and report to the City Manager failure of any offices or
departments to comply with standards. Keep careful records of
savings in equipment, supplies and staff costs realized by each
department of the City through implementation of the records
management program. Report annually such cost savings to the
City Manager, including the amount of storage space and equip-
ment released for other uses.
13. Develop a City-wide forms design and control system.
14. Establish in cooperation with other responsible City officials
a disaster plan for each City office and department to ensure
maximum availability of records for re-establishing operations
quickly and with minimum disruption and expense.
15. Develop procedures to insure the permanent preservation of the
historically valuable records of the City.
16. Protect privacy and assure availability of public information
from records stored in records center; bring to attention of
City Manager any office not in compliance with laws or
ordinances regarding public access to information or protection
of privacy.
Section 6. Responsibilities of City Department Heads
All City Department Heads are responsible for the implementation and
operation of effective files operations, record transfers and
dispositions, and other activities in accordance with the provisions
of this ordinance within their areas of responsibility. They shall
designate Records Coordinators within their offices and provide the
City Secretary the names of such designees and of all file stations
and file custodians under their supervision. Persons designated as
Records Coordinators shall report directly to the head of their
department on matters relating to the records management program and
should have appropriate access to all files in their department.
Section 7. Responsibilities of Records Coordinators
The Records Coordinator in each office and department is responsible
for providing coordination between the City Secretary and personnel in
his/her office to ensure that provisions of this ordinance are
followed. This responsibility shall include overseeing the applica-
tion of records schedules within the office or department.
Section 8. City Offices to Use Record 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.
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Section 9. Development of Records Retention and Disposition Schedules
Initial retention periods to be included in records schedules shall be
established by the City Secretary and Department Heads. These
retention schedules shall be submitted to the City Attorney, City
Manager and Director of Finance, who shall notify the City Secretary
within fifteen (15) days of the approval or objection of any retention
period. If no objection has been submitted within the fifteen days,
the records schedule shall be adopted and have full force as
sufficient authorization for records destruction or other action. If
objection is made, the City Secretary shall determine a retention
period satisfactory to the office or department concerned, the
Director of Finance, City Manager and the City Attorney. Revision of
retention period shall be submitted for review to the City Attorney,
City Manager and Director of Finance in the same manner as the
original retention periods.
When a records retention and disposition schedule is adopted, it shall
thenceforth constitute full authority to destroy, transfer, or take
other actions, and the City Council hereby directs that such actions
be taken by the City Secretary or under her supervision. The City
Secretary 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.
Section 10. 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 City Secretary. Prior to such
destruction the City Secretary shall submit lists of records to be
destroyed to the department head, City Attorney, City Manager and
Director of Finance, who shall give notice within thirty (30) days of
any records they believe should not be destroyed, and such records
shall be retained for a period agreed upon. The City Secretary 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 11. Records Center
A Records Center shall be maintained by the City which shall utilize
one of more locations to store inactive records; to insure the
security of such records from deterioration, theft, or damage during
the period of storage; to permit fast, efficient retrieval of
information from stored records.
Section 12. Preservation of Permanent Records
The City Secretary shall develop procedures to insure the permanent
preservation of the historically valuable records of the City. If
City -owned facilities are not available, the City Secretary 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.
Section 13. 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.
II.
All ordinances, resolutions or parts thereof, heretofore passed and
adopted by the City Council of the City of Pearland which are in
conflict herewith shall be and the same are hereby repealed to the
extent they are in conflict herewith.
III.
If for any reason any section, paragraph, subdivision, clause,
phrase or provision of this ordinance should be held invalid, it shall
not affect any valid provision of this or any other ordinance of the
City of Pearland, Texas.
IV.
This being an ordinance not requiring publication, the same shall
take effect and be in force from and after its passage and approval on
second and final reading.
V.
It is the intent of the City Council of the City of Pearland,
Texas, that this ordinance shall be codified as herein provided; the
codifier is hereby authorized to renumber any section or subsection
hereof, or to amend catchlines as necessary, to accomplish such
codification.
PASSED AND APPROVED ON FIRST READING this the a2 02• day of
ATTEST:
City Acretary
, A. D., 1987.
Mayor
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PASSED AND APPROVED ON SECOND AND FINAL READING this the
day of
ATTEST:
City S Jretary
APPROVED AS TO FORM:
0 fA (
y Attbrn
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