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HomeMy WebLinkAboutOrdinance 12027 ORDINANCE NO. /~®~ / '" `; '~~~ ~ ~ ~ ~ ~r6 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE REPEAL OF ARTICLE VIII, "MICROFILMING AND RETENTION OF RECORDS IN ADMINISTRATIVE DEPARTMENTS AND AGENCIES OF THE CITY" OF CHAPTER 2, "ADMINISTRATION;" AND FURTHER AMENDING THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, BY THE ADOPTION OF A NEW CHAPTER 2, ARTICLE VIII, ENTITLED "RECORDS MANAGEMENT"; PROVIDING FOR A COMPREHENSIVE RECORDS MANAGEMENT PROGRAM FOR THE CITY OF FORT WORTH; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO $500.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE MAY BE PUBLISHED IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Local Government Records Act, Title 6, Subtitle C, of the Local Government Code, provides that a local government must establish by ordinance an active and continuing records management program to be administered by a records management officer; and WHEREAS, the City of Fort Worth desires to adopt an ordinance 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 record keeping; NOW THEREFORE,- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: SECTION 1. That the Code of the City of Fort Worth (1986), as amended, is hereby amended through the repeal of Article VIII "Microfilming and - 1 - Records Retention in Administrative Departments and Agencies of the City" of Chapter 2 "Administration." Further, the Code of the City of Fort Worth (1986), as amended, is hereby amended by the adoption of a new Chapter 2, "Administration," Article VIII, entitled "Records Management," to read as follows: ARTICLE VIII. RECORDS MANAGEMENT Section 2-276. Policy. (a) The City of Fort Worth recognizes that the citizens of Fort Worth have a right to expect, and the City has an obligation to foster, efficient and cost- effective government and further recognizes the central importance of City records in the lives of its citizens. (b) It is the policy of the City of Fort Worth to provide for efficient, economical, and effective controls over the creation, distribution, organi- zation, maintenance, use, and disposition of all records of the City of Fort Worth. This policy will be implemented through a comprehensive system of. integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Local Government Records Act or any successor statute and accepted records management practice. Section 2-277. Scop@. All City records shall be created, maintained, and disposed of in accordance with this Article and all policies and procedures established pursuant to this Article, and in no other manner. Section 2-278. D@finitiona. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article and - 2 - all policies and procedures established pursuant to this Article, shall have the meanings hereinafter designated. Approved records control schedule means a records control schedule that has been: (a) Reviewed by the department director and the records management policy committee; (b ) Adopted by the records management policy committee; and (c) Approved by the director and librarian of the Texas State Library. City record means every 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 charac- teristic and regardless of whether public access to it is open or restricted under state or federal law, that is created or received by the City of Fort Worth or any of its officers or employees pursuant to law or in the transaction of public business. A City .record does not include extra identical copies of documents created only for convenience of reference or research; notes, journals, diaries, and similar documents created for the employee's personal convenience; library or museum material acquired solely 'for reference, exhibit, or display; or stocks of publications, advertisements, or other unsolicited written materials received by the City or any of its officers or employees that does not involve public business. Department means any department, office, agency, division, program, commission, bureau, board, committee, task force, ad hoc committee, or similar entity of the City. Department director means the officer who by charter, ordinance, order, or administrative policy is in charge of a department or an office of the City that creates or receives City records. Essential record means any City record necessary to: (a) The resumption or continuation of operations of the City in an emergency or disaster; - 3 - (b) The re-creation of the legal and financial status of the City; or (c) The protection and fulfillment of obligations to the citizens of the City. Historical City record means any City record that is adjudged worthy of permanent preservation for reference and research purposes and suitable for deposit in the municipal archive. Local Government Records Act means Title 6, Subtitle C of the Local Government Code, as amended. Permanent record means any City record for which the retention period on a records control schedule is given as permanent. Records control schedule means a document prepared by or under the authority of the records management officer that describes recurring records or records series on a continuing basis, indicating for each record or records series: (a) The length of time the record or records series is to be maintained in a department or in inactive storage; (b) When and if the record or records series may be destroyed or otherwise disposed of; and (c) Other records disposition information that the records management program may require. Records disposition means: (a) The destruction of a City record that has passed its minimum legal retention period and no longer has value to the City; or (b) Permanent storage of a permanent City record. Records inventory means the process of locating, identi- fying, and describing in detail the records of a department. Records liaison officer means any person designated under Section 2-289 of this Article. - 4 - f Records management means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of City records for the purposes of reducing the costs and improving the effi- ciency of record keeping. The term includes: (a) The development of records control schedules: (b) The management of filing and information retrieval systems; (c) The protection of essential and permanent records; (d) The economical and space-effective storage of inactive records; (e) The control over the creation and distribution of forms, reports, and correspondence; and (f) The management of micrographic, electronic, and other records storage systems. Records management officer means the city employee serving in the position of records manager. Records management plan means the plan developed under Section 2-287 of this Article. Records management policy committee means the committee established under Section 2-286 of this Article. Retention period means the minimum time that must pass after the creation, recording, or receipt of a City record, or after the fulfillment of certain actions associated with a City record, before the record is eligible for destruction. Section 2-279. Records Management Program. (a) There is hereby created a records management program in the Department of Fiscal Services for the purpose of administering an active and contin- uing 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 Fiscal Services. - 5 - Section 2-280. Municipal Archive. (a) There is hereby created a municipal archive in the Fort Worth Public Library for the purposes of housing, arranging, describing, preserving and making available for research the historical city records transferred from City departments. (b) The municipal archive shall be headed by the municipal archivist, who shall be appointed by and work under the supervision of the library director. Section 2-281. City Records. (a) Every City record is the property of the City. No City officer or employee has, by virtue of his or her position, any personal or property right to a City record even though the City officer or employee may have developed or compiled the record. The unauthorized alteration, destruction, removal from files, or use of a City record is prohibited. A City record exempted from public disclosure under state or federal law is not made subject to dis- closure by its designation as City property under this section. (b) A City record shall not be sold, loaned, given away, destroyed, or otherwise alienated from the City's custody unless done in accordance with the provisions of this Article or unless destroyed as directed by an expunction order issued by a district court pursuant to state law. This section does not apply to a City record that is temporarily transferred to a contractor for purposes of micro- filming, duplication, conversion to electronic media, restoration, or a similar records management and preservation procedure if the transfer is authorized by the records management officer. (c) Legal custody of a City record created or received by a department during the course of business remains with the department director or with the department director of any designated successor of the department. The legal custodian, as guardian of the record, does not relinquish responsibility for the care, preservation, or legal disposition of the record even though physical custody of the record for maintenance and preservation purposes may be held by another department or agency. An original City record may not leave the custody of - 6 - the department concerned when being used by a member of the public. (d) Every officer or employee shall deliver to any successor all City records pertaining to the office held by the City officer or employee. (e) A City record that has continuing historical value to the City may be transferred to the municipal archive upon agreement between the department director, the records management officer, the municipal archivist, and the records management policy committee. Custody of the record will be known subsequently as archival custody, and ownership of the record remains with the City. (f) The City shall maintain legal and physical custody of all City records belonging to any defunct department that does not have a named successor. Section 2-282. Prohibitions on Destruction of City Records. The destruction of a City record involved in a pending request under Chapter 552 of the Texas Government Code, pending litigation, or a pending audit is prohibited, even if the destruction of the record is authorized by an approved records control schedule. Section 2-283. Duties of the City Council. The City Council shall: (a) Establish, promote, and support an active and con- tinuing program for the efficient and economical management of all City records; and (b) Be subject to the same duties and responsibilities required of a department by this Article, any policy or procedure established under this Article, and state law. - 7 - Section 2-284. Duties of the City Manager. The City Manager shall: (a) Cause policies and procedures to be developed for the administration of the program under the direc- tion of the records management officer; (b) Facilitate the creation and maintenance of City records containing adequate and proper documen- tation of the organization, functions, policies, decisions, procedures, and essential transactions of the City and designed to furnish the information necessary to protect the legal and financial rights of the City, the state, and persons affected by the activities of the City; (c) Facilitate the identification and preservation of City records that are of permanent value; and (d) Facilitate the identification and protection of essential records. Section 2-285. Records Management Officer. (aj The City Council hereby designates the position of records manager to serve as records management officer for the City of Fort Worth. (b) When the individual serving as the records man- agement officer changes, that person shall file his or her name with the director and librarian of the Texas State Library within thirty days after the date of assuming office. (c) The records management officer shall perform those duties assigned in the policies and procedures established pursuant to this Article, all duties established by state law, and shall: (1) administer the City's records management pro- gram under the direction of the Director of Fiscal Services and provide advice and assis- tance to department directors in its implemen- tation; (2) assist and advise the records management .policy committee in establishing and devel- oping policies and procedures for the City's records management program; - 8 - (3) prepare and submit for approval records control schedules for all departments in accordance with Section 2-289.1 of this Article; (4) in cooperation with department directors, identify essential records and establish a disaster and recovery plan for the records of each department to ensure maximum availability of the records in order to re-establish operations quickly and with minimum disruption and expense; (5) monitor records retention schedules and admin- istrative 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 com- pliance with state regulations; (6) disseminate to the City Council, the City Manager, the department directors, and the records management policy committee information concerning state laws and administrative rules relating to City records; (7) instruct records liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records manaE~ement program; (8) direct records liaison officers or other personnel in the conduct of records inven- tories in preparation for the development of records control schedules as required by state law and this Article; (9) ensure that the maintenance, preservation, microfilming, electronic storage, destruction, and other disposition of City records is carried out in accordance with the policies and procedures of the records management program and the requirements o~ state law; (10) maintain statistics on the volume of City records destroyed under approved records control schedules, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; - 9 - (11) report annually to the City Council on the implementation of the records management plan in each department of the City, including summaries of the statistical and fiscal data compiled under Section 2-287 of this Article; (12) -bring to the attention of the records manage- ment policy committee any noncompliance by a department director or other personnel with the policies and procedures of the records management program or state law; (13) review and submit departmental requests for authorization for electronic storage of City records to the director and librarian of the Texas State Library as required by state law; and (14) develop procedures to ensure the permanent preservation of the historically valuable records of the City. Section 2-286. Records Management Policy Committee. (a) There is hereby established a records management policy committee. The committee shall consist of the city attorney, city auditor, director of fiscal services, director of information systems and services, and the risk manager. A member of the committee may designate a representative to serve in the member's place by filing a written desig- nation with the records management officer. (b) The committee shall annually select a chairperson. The chairperson shall be responsible for calling meetings of the committee and presiding over same. (c) The records management officer shall serve as the executive secretary of the committee, coordinate its actions, provide recommended policies and procedures, and assist the committee in carrying out its functions. (d) The committee shall: (1) establish policies and procedures necessary for the implementation and administration of the City's records management program; - 10 - (2) review the performance of the program on a regular basis and propose changes and improve- ments if needed; (3) review, approve, and adopt records control schedules submitted by the records management officer; (4) give final approval to the destruction of records in accordance with approved records control schedules; and (5) actively support and promote the records management program throughout the City. Section 2-287. Records Management Plan. (a) The records management officer and the records management policy committee shall develop a city- wide records management plan. The plan shall be designed to enable the records management officer to carry out duties as prescribed by state law and this Article. (b) The records management plan shall establish policies, procedures, and criteria for: (1) the reduction of costs and improvement of the efficiency of records keeping; (2) the adequate protection of the essential records of the City; (3) the proper preservation of City records that are of historical value; (4) the determination of the eligibility of records for microfilming; (5) the microfilming of City records, including policies to ensure that all microfilming is done in accordance with state law and the standards and procedures for the microfilming of local government records established in rules of the Texas State Library and Archives Commission; (6) the regulation of the operations and use of inactive records storage areas, which shall serve as the depositories of inactive records - 11 - of continuing value to the City, unless the records have been transferred to the municipal archive for purposes of preservation as historical City records; and (7) the maintenance, preservation, and storage of the electronic records of the City, including policies to ensure that all electronic storage of City records is done in accordance with state law. (c) The records management plan shall be binding on all City officers and employees and on all departments, offices, agencies, divisions, programs, commis- sions, bureaus, boards, committees, task forces, ad hoc committees, and similar entities of the City. Section 2-288. Department Director Duties. (a) In addition to other duties assigned in this Article and by state law, every department director shall: (1) cooperate with the records management officer in carrying out the policies and procedures established by the City for the efficient and economical management of City records and in carrying out the requirements of this Article; (2) adequately document the transaction of government business and the services, programs, and duties for which the department director and department staff are responsible; (3) maintain City records in the department director's custody and carry out the preser- vation, microfilming, electronic storage, destruction, and other disposition of those records only in accordance with the policies and procedures of the records management program of the City and the requirements of this Article. (4) review and approve records control schedules and requests to dispose of City records that are prepared and submitted by the records management officer; and - 12 - (5) notify the records management officer within 24 hours of the discovery of any loss, theft, or damage to a City record. (b) No city ordinance or policy relating to the duties, record keeping requirements, or other responsi- bilities of a department director shall exempt the department director or City records in the depart- ment director's custody from the application of this Article and the records management plan adopted under this Article, nor shall such a law or policy be used by the department director as a basis for refusing to participate in the records management program of the City. Section 2-289. Departmental Records Liaison Officers. (a) Each department director shall designate in writing. to the records management officer a member of the department director's staff to serve as the records liaison officer for the implementation of the records- management program in the department. If the records management officer determines that more than one records liaison officer should be desig- nated for a department, the department director shall designate the number of records liaison officers specified by the records management officer. The department director may serve as records liaison officer for a department. (b) A person designated as a records liaison officer shall be thoroughly familiar with, and have full access to, all City records created and maintained by the department. (c) If a person designated as a records liaison officer resigns, retires, or is removed by action of the department director, the department director shall promptly designate another person to fill the vacancy. (d) In addition to other duties assigned in this Article or by state law, a records liaison officer shall: (1) in cooperation with the records management officer, coordinate and implement the policies and procedures of the records management program in the department; - 13 - (2) disseminate information to department staff concerning the records management program; and (3) in cooperation with the records management officer, coordinate the records inventory of the department. Section 2-289.1. Records Control Schedules. (a) The records management officer, in cooperation with department directors and records liaison officers, shall prepare records control schedules on a department by department basis that describe and establish the retention periods for all City records created or received by each department. (b) A records control schedule must contain such other information regarding the disposition of City records as the records management plan may require. Every City record identified on a records control schedule, or any amendment to the schedule, or in any request for destruction of a record shall be specifically described. (c) Any records control schedule, amendment to a schedule, or request for destruction of a record that contains general terms such as "miscellaneous" and "various" to describe any record identified in such a document will not be submitted to the records management policy committee for consid- eration. (d) Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis to ensure that the schedule is in compliance with records retention schedules issued by the state and that the schedule continues to reflect the record keeping procedures and needs of the department and the records management program of the City. (e) Before its adoption, a records control schedule or amended schedule for a department must be approved by the department director and the records manage- ment policy committee. (f) After adoption by the records management policy committee, a records control schedule shall be submitted by the records management officer to and accepted for filing by the director and librarian - 14 - of the Texas State Library, as provided by state law, before the schedule may be implemented. If a schedule is not accepted for filing, the schedule must be amended and resubmitted to the records management policy committee for adoption to make it acceptable for filing. Section 2-289.2. Destruction of City Records. (a) The department director and records liaison officer of a department for which a records control schedule has been approved and adopted shall implement the schedule in accordance with the policies and procedures of the records management plan. (b) A department director or records liaison officer shall notify the records management officer when a City record is eligible for destruction. (c) Before a City record is destroyed under an approved records control schedule, the records management officer must obtain authorization for the destruc- tion from the records management policy committee, unless the approved schedule specifies that the record may be destroyed without additional review or authority of the records management policy committee. (d) A City record whose retention period has expired on an approved records control schedule must be destroyed unless: (1) a request for the record is pending under Chapter 552 of the Texas Government Code; (2) the subject matter of the record is pertinent to pending litigation or audit; or (3) the department director requests in writing to the records management officer that the record be retained for an additional period. (e) A City record that is obsolete or that has not been identified on an approved records control schedule may be destroyed if: (1) its destruction has been approved i.n the same manner required by this Article for the - 15 - destruction of a record that is identified on an approved records control schedule; and (2) the records management officer has submitted to and received from the director and librarian of the Texas State Library an approved request for destruction authori- zation. Section 2-289.3. City Right to City Records. The City may demand and receive from any person any City record in private possession that was created or received by the City, the removal of which was not authorized by law. Section 2-289.4. Criminal Offense. (a) An officer or employee of the City who knowingly or intentionally violates this Article or a policy or procedure adopted under this Article commits a misdemeanor punishable by a maximum fine of $500.00. (b) Pursuant to Section 202.008 of the Local Government Code, an officer or employee of the City commits a Class A misdemeanor if the officer or employee knowingly or intentionally violates the Local Government Records Act or the rules adopted under said Act, by destroying or alienating a local government record in contravention of the Act or by intentionally failing to deliver records to a successor in office. A Class A misdemeanor is punishable by a fine of up to $4,000, confinement in jail for up to one year, or both. SECTION 2. This ordinance shall be cumulative of ali provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. - 16 - SECTION 3. 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 jurisdiction, 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 in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than five hundred Dollars ($500.00), for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the provisions of the ordinances amended in Section 1, 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 criminal, - 17 - whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local Government Code. SECTION 8. This ordinance shall be in full force and effect after its passage and publication as required by law, and it is so ordained. - 18 - APPROVED AS TO FORM AND LEGALITY: DATE : v ~/l ~ % ~S ADOPTED: EFFECTIVE: - 19 - City of Fort Worth Texas Mayor and Council Communication DATE REFERENCE NIIMBER LOG NAME PAGE 07/11!95 G11153 13ART 1 of 2 SUBJECT gDOPTION OF ORDINANCE REPEALING IN ITS ENTIRETY ARTICLE VIII "MICROFILMING AND RETENTION OF RECORDS IN ADMINISTRATIVE DEPARTMENTS AND AGENCIES OF THE CITY" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF THE CITY OF FORT WORTH AND ADOPTING A NEW ARTICLE VIII ENTITLED "RECORDS MANAGEMENT" RECOMMENDATION It is recommended that the City Council adopt the attached Records Management Program ordinance DISCUSSION Attached is a Records Management Program ordinance for the City of Fort Worth The enactment. of such an ordinance for a new or existing records management program is a statutory requirement of the Local Government Records Act In addition to "establishing" the City's records management program, the ordinance provides the basic structure of the program and distributes authority for carrying out its provisions, as well as those of the Local Government Records Act Provisions in Section 2-286 of the ordinance propose changes to current oversight requirements of the City Council These provisions invest final authority with a records management policy committee for adopting departmental records control schedules and for approving the destruction of city records listed on an approved records control schedule These processes presently require the approval of City Council Other key provisions of the ordinance include Creation of - A municipal archive in the Fort Worth Public Library (Sec 2-280) - A records management policy committee (Sec 2-286) Designation of -Records liaison officers (Sec 2-289) Definition of duties and responsibilities of -City Council (Sec 2-283) - City Manager (Sec 2-284) -Records .Management Officer (Sec 2-285) - Department directors (Sec 2-288) City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 07/11 /95 13ART 2 of 2 SUBJECT ADOPTION OF ORDINANCE REPEALING IN ITS ENTIRETY ARTICLE VIII "MICROFILMING AND RETENTION OF RECORDS IN ADMINISTRATIVE DEPARTMENTS AND AGENCIES OF THE CITY" OF CHAPTER 2 "ADMINISTRATION" OF THE CODE OF THE CITY OF FORT WORTH AND ADOPTING A NEW ARTICLE VIII ENTITLED "RECORDS MANAGEMENT" The records management program provided for in this ordinance is an information management program The premise of such a program is that an organization's information resources are assets and should be managed just as the organization manages its human, property, and capital assets In addition to meeting statutory requirements regarding public records, the objectives of this program are to 1) reduce the costs and improve the efficiency of recordkeeping, 2) adequately protect the essential records of the city, and 3) properly preserve city records that are of historical value These objectives will be achieved by applying cost accounting and cost/benefit principles to the design and creation of information, and by identifying and assigning value to all of the organization's records and information assets Those records that are critical to the organization, or that document the history of this city government and its policies and programs can then receive special protection CB a Submitted for City Manager's F[1ND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Charles Boswell 8511 CITY COUNCIL Originating Department Head: Jim Keyes 8517 (from) JUL 11 1995 '~ °~"-~ ~~~ For Additional Wormation T Contact: aioll~t,'~ Cl~ ~ Martha Chambers 8521