HomeMy WebLinkAboutOrdinance 15336_.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE VIII,
"RECORDS MANAGEMENT" OF THE CODE OF THE CITY OF
FORT WORTH, UPDATING THE TERMS AND PHRASES;
REFLECTING THE CURRENT RECORDS MANAGEMENT
PROCEDURES, SIMPLIFYING THE RECORDS MANAGEMENT
PROCESS, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has recognized the importance of accurate and efficient
records management;
WHEREAS, Article VIII of the City Code prescribes the procedures and mechanisms to
ensure that records management is accurate and efficient, as well as economical,
WHEREAS, complying with these procedures and with State laws relating to records
management is an important matter that has been undertaken by the Crty;
WHEREAS, it is necessary to update Article VIII of the Code, "Records Management,"
to simplify the procedures and policies adopted by the Crty for records management and to make
them more efficient.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS
SECTION 1
Chapter 2, Article VIII, Section 2-278 of the Code of the Crty of Fort Worth,
"Definitions", the term "Records Control Schedule" subsection (a) shall be amended to delete the
words "in a department or in inactive storage" as follows
(a) The length of time the record or records serves is to be maintained, ~i--a
SECTION 2.
Chapter 2, Article VIII, Section 2-279 of the Code of the Crty of Fort Worth, "Records
Management Program," shall be amended to replace the words "fiscal services" with the word
"Finance" m subsections (a) and (b) as follows
(a) There is hereby created a records management program in the department of €~-se-~l
~=~.° Finance for the purpose of administering an active and contmumg city-wide
records management program.
(b) The records management program will be headed by the records manager, who
shall be appointed by and work under the direction of the director of ~~^^' ~°,..'.^°~
Finance
SECTION 3.
Chapter 2, Article VIII, Section 2-281 of the Code of the City of Fort Worth, "City
Records" subsection (e) shall be amended to delete the words "and the records management
policy committee" and to insert the word "and" before the words "municipal archivist" as
follows
(e) A city record that .has contmumg historical value to the city may be transferred to
the municipal archive upon agreement between the department director, the records
management officer, anal. the municipal archivist, ~ '' *'~° ^^,.a~ ~~^„~^°m°~* „^'~^~~
~. Custody of the record will be known subsequently as archival custody, and
ownership of the record remains with the city
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SECTION 4.
Chapter 2, Article VIII, Section 2-285 of the Code of the City of Fort Worth, "Records
Management Officer," subsection (c) (1) shall be amended to replace the words "fiscal services"
with the word "Finance" as follows
(c)(1) Administer the city's records management program under the direction of the
director of ~~^•<' ~° °~ Finance and provide advice and assistance to department
directors m its implementation,
SECTION 5.
Chapter 2, Article VIII, Section 2-286 of the Code of the City of Fort Worth, "Records
Management Policy Committee", shall be amended as follows
In Subsection (a) the words "fiscal services" shall be replaced with the word "Finance"
and the words "information systems and services" shall be replaced by "Information
Technology Solutions" as follows
(a) There is hereby established a records management policy committee. The
committee shall consist of the city attorney, city auditor, director of Fmance, f~-sc-al
:,~,
°~~~~^°s-director of Information Technology Solutions,
and a representative from the nsk management division of finance;
Subsection (b) shall be amended to read. ~~Ee~tttee--~h^" ~ ~<~~~"<, ~°~°^+ „
<~a rr°~<a,~,g ~<~°r ~^<-~° "The committee shall select and maintain a chairperson. The
chairperson shall be responsible for calling meetings of the committee and presiding over
the meetings as needed," and
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Subsection (d)(4) shall be deleted m its entirety and subsection (d)(5) shall now become
subsection (d)(4)
SECTION 6.
Chapter 2, Article VIII, Section 2-289 1 of the Code of the City of Fort Worth, "Records
Control Schedules," shall be amended as follows
In Subsection (e) there shall be a deletion of the words "and the records management
policy committee" as follows
(e) Before its adoption, a records control schedule or amended schedule for a
department must be approved by the department director ^~a *'~° r°°°~a~ m^~^^°~°„*
peh~3~~ttee, and
Subsection (f) shall be amended to read as follows
"A records control schedule shall be submitted by the records management officer to, and
accepted for filing by, the director and the librarian of .the Texas state library, as provided
by state law, before the schedule may be implemented."
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SECTION 7.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
Crty of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are
m direct conflict with the provisions of such ordinances and such Code, m which event
conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 8.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 9
All nghts and remedies of the Crty of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the City of Fort Worth which have accrued at
the time of the effective date of this ordinance; and, as to such accrued violations and all pending
litigation, both civil and cnmmal, whether pending m court or not, under such ordinances, same
shall not be affected by this ordinance but may be prosecuted until final disposition by the courts.
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SECTION 10.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY
R.
Assistant City Attorney
ADOPTED ~ r ~~ ~~ "~ o~
CRL200211 11.02v3
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
11/19/02 **G-13804 13RECORDS 1 of 1
SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE
VIII, RECORDS MANAGEMENT, CODE OF THE CITY OF FORT WORTH
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending Sections 2-278-279,
2-285-286, and 2-289 of Article VIII, Chapter 2, "Records Management" of the Code of the City of Fort
Worth
DISCUSSION
The proposed changes to the code will simplify the records management process and make more
efficient records management procedures and roles Proposed changes will streamline the City's
Records Management POlicy Committee's approval process for records destruction while retaining
compliance with state law
The Records and Information Management Office facilitates the legal destruction of thousands of cubic
feet of expired City records each year State law (Texas Local Government Code, Section 202.002)
and City Code (Section 2-289.2) require that City records scheduled for destruction are also free of
litigation, audit, and open records holds before they are destroyed But, while the current records
destruction approval process requires the signature of each of the five members of the Records
Management Policy Committee, only three of these members carry out the required checks. By
revising the Code to require only the three applicable signatures, the process of records destruction will
be streamlined
In addition, minor technical revisions will be made to update organizational references
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
CB k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 6183
Originating Department Head:
Jim Keyes 8517 (from) APPROVED 11/19/02
ORD.# 15336
Additional Information Contact:
Doug Jones 6669