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HomeMy WebLinkAboutOrdinance - 9404-1990 - Establishemtn And Administration Of A Records Management Program - 12/13/1990II OGV:da First Reading December 13, 1990 Item #24 Second Reading January 10, 1991 Item #9 ORDINANCE NO. 9404 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT ANO ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY OF LUBBOCK, TEXAS; PROVIDING FOR OWNERSHIP OF MUNICIPAL RECORDS ANO THE RESPONSIBILITIES OF OFFICERS ANO EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE MICROGRAPHIC PRESERVATION OF MUNICIPAL RECORDS; PROVIDING FOR THE DESTRUCTION OF ORIGINAL MUNICIPAL RECORDS AFTER MICROGRAPHIC REPRODUCTION; PROVIDING FOR THE DESTRUCTION OF OTHER UNNEEDED MUNICIPAL RECORDS; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 7591 IN ITS ENTIRETY ANO ALL OTHER ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; ANO PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Lubbock, Texas, desires to establish a records management program pursuant to Section 203.026 of the Texas Local Government Code in order to provide an orderly approach to managing municipal records throughout the City; and WHEREAS, ownership of the City records and the responsibilities of officers and employees should be established by the City Council; and WHEREAS, all requirements connected with the preservation of City records by micrographics should be established; and WHEREAS, destruction guidelines for original City records and all other City records should be established; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. Establishment and Administration of a Records Management Program: THAT the City Secretary is hereby authorized and directed to establish and administer the Records Management Program for the City of Lubbock pursuant to legal, fiscal, administrative and archival requirements as authorized by state and federal statutes. The City Secretary shall implement, but not be limited to, a program to encompass such areas of records management as are required to preserve and keep in order all books, papers, documents, records and files of the departments of the City of Lubbock to achieve the following goals: 1. Release of space and reduction of the need for storage and filing equipment; 2. Establishment of an efficient retrieval system for both active and inactive City records; 3. Provide for routine disposition of paperwork; 4. Maintain security for municipal records stored in the City Secretary's office; and ;I 5. Communicate to City officers and employees the need for an effective Records Management Program. SECTION 2. Purpose of the Records Management Program: THAT this Ordinance shall be known and may be cited as the "Records Management Program of the City of Lubbock, Texas" and it shall provide for the proper and efficient management of the records of the City of Lubbock, Texas. SECTION 3. Definitions: THAT for the purposes of this Ordinance, the following terms shall have the meanings indicated herein. Active Records. Those records in current use which must be retained in offices because frequent reference is necessary in conducting day-to-day operations. Inactive Records. Those records which are seldom referred to but which must be retained, temporarily or permanently, because of legal, fiscal, administrative or archival value. Index. A list describing the terms of a collection and where they may be found; a catalog. Microfilm. A film containing photographic records or images considerably reduced in size from the original materials. Microform. A generic name for any medium containing microimages, i.e., reduced images. Microform Record. Any record preserved in one of the various formats of microform images. Micrographics. The art of reducing any form of information to a microform medium; also termed microphotography or microfilming. Municipal Records. 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 by law, created or received by the City 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: I. Extra identical copies of documents created only for convenience of reference or research by officers or employees of the City; 2. Notes, journals, diaries, and similar documents created by an officer or employee of the City for the officer or employee's personal convenience; - 2 - 3. Blank forms; 4. Stocks of publications; 5. Library and museum materials acquired solely for the purposes of reference or display; or 6. Copies of documents in any media furnished to members of the public to which they are entitled pursuant to Vernon's Ann.Civ.St., Article 6252-17a; Nonrecords. Those items excepted from the definition of "municipal records" as well as any other items kept only for convenience and reference or otherwise determined not to be public records by case or statutory law. Original Public Records. That portion of all municipal records originally created or received by the City or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. Public Information. All information collected, assembled or maintained by the City of Lubbock as municipal records, with the exceptions provided by Vernon's Ann.Civ.St., Article 6252-17a. Records Management Department. The office of the City Secretary shall serve as the Records Management Department for the City of Lubbock. Records Management Program. The city-wide system of records management that achieves integrated control of all departmental subsystems so that an orderly and efficient flow of paperwork is established from creation or receipt through final disposition. Records Series. Records accumulated over a period of time and arranged in an organized file or set of files which can be described, handled and disposed of as a unit. A records series may consist of records of a single type or format, or of records kept together because they relate to a particular subject or result from a particular activity. SECTION 4. Responsibilities of the Records Management Department. The Records Management Department shall have responsibility for, but shall not be limited to, the following records management activities: 1. Development and circulation of such rules, regulations and policies as may be necessary and proper to implement and main- tain the City's Records Management Program. - 3 - 2. Provision and maintenance of a central municipal records stor- age center to store and preserve inactive records prior to final disposition. 3. Development of a retention and disposition schedule for all municipal records. 4. Provide consultation and assistance for City departments in all areas of record management, including active records mainte- nance, transfer to inactive status and final disposition of records. SECTION 5. Ownership of municipal records and responsibilities of officers and employees. 1. All records created or received by a department in the transac- tion of official business shall be the property of the City of Lubbock. The department of the City creating or receiving the records shall be the legal custodian of such records until such time as they are delivered to the Records Management Department for final disposition. 2. It shall be the duty of each officer and employee of the City of Lubbock to protect, preserve, store and/or transfer munici- pal records in accordance with state and federal laws, the City's Charter and ordinances and rules promulgated and approved by the Records Management Department. 3. No officer or employee of the City shall have by virtue of such officer or employee's position any personal or property right to original public records even though the officer or employee may have developed or compiled such records. SECTION 6. Micrographics of municipal records. 1. The City of Lubbock micrographics program shall be in accor- dance with the requirements of the Texas Local Government Code provisions governing microfilming. 2. The City micrographics program will include guidelines for accurate and permanent copies on microform media of any munici-pal record of the City of Lubbock. 3. Any City department or office is authorized to contract pursuant to applicable laws and City policy for micrographic services which accurately and permanently copy, reproduce or originate on microform media any municipal record of the City of Lubbock. 4. Types of records to be filmed. The micrographics program may be applied to any municipal record of the City of Lubbock, - 4 - including, but not limited to, ordinances, resolutions, contracts, deeds, conveyances, minutes, notices, correspondence, memoranda, any written communication, or any record of any department of the City of Lubbock, including police records. 5. Indices to microform records. The microfilm department shall index or assist with indexing said microform records in such a way that they may be readily located and retrieved. 6. Micrographic standards. The first generation microform medium shall meet the requirements of the U.S. Standards Institute for archival quality, density, resolution and definition, except that microform media which is intended only for short term use may be of lesser quality. 7. Certification of microform records. Each department shall check and certify that each microform record is a true and correct duplication of the original municipal record, unless the documents are filmed by the City. If the records are filmed by the City, the microfilm department shall be responsi- ble for certification of accuracy. Documentation of certifica- tion shall be on or kept with the original microform copy. 8. Public access to microform records. The public shall have free access to microform records to which the public is entitled to have access pursuant to law, just as though the microform record was the original records. SECTION 7. Destruction of Municipal Records. I. Municipal records which are original municipal records and which have been preserved by microform media in accordance with the standards established by this Ordinance, may be destroyed with the advice and consent of the City Attorney, unless other- wise required by law. 2. Any original municipal record, the subject matter of which is in litigation, may not be destroyed until such litigation is finally resolved. 3. Any original municipal records which have not been preserved by microform media and have been determined to be worthless may be destroyed as authorized by the City Council with the advice and consent of the City Attorney, provided that notice of the proposed destruction or disposition of those original public records shall first be given to the State Librarian or State Archivist, and if such records are, in his/her opinion, needed for the State Library, the records shall be transferred thereto. -5 - 4. Municipal records other than those records defined in this Ordinance as original municipal records may be disposed of by the department head maintaining custody and control of the records to be destroyed. 5. A notice of proposed destruction or disposition of all nonpub- lic municipal records, including records series titles, descriptions, inclusive dates and volumes shall be given to the Records Management Department for permanent keeping prior to destruction of the records. SECTION 8. THAT City of Lubbock Ordinance No. 7591 is hereby repealed in its entirety and all other ordinances in conflict herewith are hereby repealed to the extent of any such conflict. SECTION 9. THAT should any section, paragraph, sentence, phrase, clause or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 10. THAT this Ordinance shall become effective upon final passage by the City Council of the City of Lubbock. AND IT IS SO ORDERED. Passed by the City Council on first reading this __ 1_3_th_ day of December ·., , 1990. Passed by the City Council on second reading this 10th day of January l 99 il~ ---- .,,f' C.-~ J~ .¥.t. McMIN,MAYOR ATTEST: · . i~f~<;~cr.&: < DAS TO CONTENT: ---··-:2 -6 - ,, City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 . BOS-767-2026 : FAX: BOS-762-3623 January 11, 1991 William D. Gooch, Director and Librarian Texas State Library · Lorenzo de Zavala State Archives and Library Building Post Office Box 12927 Austin, Texas 78711 Dear Mr. Gooch: Office of City Secretary Enclosed is a certified copy of Ordinance #9404 establishing a Records Management Program for the City of Lubbock's and in accordance with the Local Government Records Act. RB/blc Enclosure ., ..S1ncerely, .... ---- Rane te Boyd, CMC/AAE City Secretary ~----• - CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § AFFIDAVIT Before me, the undersigned authority, personally appeared Ranette Boyd, who, being by me duly sworn, deposed as follows: My name is Ranette Boyd, I am of sound mind, capable of making this affidavit, and personally acquainted with the facts herein stated: I am the custodian of the records of the City Secretary's Office for the City of Lubbock, Texas. Attached hereto are six (6) pages of records known as Ordinance #9404 from the permanent Ordinance Record. These records are kept by me as City Secretary in the regular course of business, and it was the regular course of business of the City Secretary of the City of Lubbock, Texas or an employee or representatives of the City Secretary of the City of Lubbock, Texas, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. ✓ BEFORE ME, the undersigned authority, a Notary Public in and for said County, Texas, on this day personally appeared Ranette Boyd, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 11th day of January, 1991. > (\ o./ , I ' ,, ./ l,,' )_., .,,,,,,_( · J,, '-. \. . '(, ' _ ·\.-(seal) '-:• 1'1 >11 . I,> ', • l · l " ' ~-., ,, .. ' I' : 1' .: \' •.• t \ ~-w~ otiryPubic, State of Texas My commission expires: 10-17-92 . . ·I. I,, -I .. · i . ' I I THE STATE OF TEXAS COUNTY OF LUBBOCK R-686 Before me Ton Y a H en r Y a Notary Public in and for Lubbock County, Texas on this day personally appeared T _ J • · A u f i I I , A c c o u n t Man a E! e r of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal -Morning, and Sunday, who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks pri- or to the first insertion of this ---1!1-1e?-lE!-.a+I ---Fnl-EoH!~!1,-,EE-~e-----------------------_____________ _..o. 79 BO 92 at Lubbock County, Texas and the attached print- ed copy of the_.• e It a I n a ti c e J an i~ f ~r:1e f.'lfr oi ~~ ~riginal and was printed in the Lubbock Avalanche-Journal on the following dates: ________________________ _ 92 wa 1.00 -92.00 Account Manal!er LUBBOCK AVALANCHE-JOURNAL Southwestern Newspaper Corporation FORM58-10 I 1''----=--