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1999-010-ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING CHAPTER 2 ARTICLE VII OF SAID CODE ORDINANCE NO. 99-_0JP AN ORDINANCE OF mE CITY OF PARIS, PARIS, TEXAS, PROVIDING mAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING CHAPTER 2, ARTICLE VII O}~ SAID CODE; PROVIDING FOR A SYSTEM OF RECORDS RETENTION, RETRIEVAL, AND DESTRUCTION mAT IS IN COMPLIANCE WITH THE GUIDELINES ESTABLISHED BY mE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION; PROVIDING }~OR A PENALTY NOT TO EXCEED $500.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWIm; AND PROVIDING FOR AN EFFECTIVE DATE OF MARCH 1, 1999. BE IT ORDAINED BY THE CITY COUNCIL OF mE CITY OF PARIS: Section 1. That Chapter 2, Article VII of the Code of Ordinances of the City of Paris, Paris, Texas, be, and the same is hereby, amended so that such shall read as follows: "ARTICLE VII. DESTRUCTION RECORDS RETENTION, RETRIEV AL, AND "Sec. 2-176. Definition of city records. "All papers, correspondence, memoranda, accounts, reports, maps, plans photographs, sound and video recordings, files, microform, magnetic or paper tape, punch card, or other documents, regardless of physical form or characteristic, which have been or shall be created, received, filed, or recorded by any city 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 Paris, and 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 publications shall not constitute records for purposes of this ordinance. "Sec. 2-177. City Records declared public property. "All City records as defined in Section 1 of this ordinance are hereby declared to be property of the City of Paris. 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. "Sec.2-178. Policy. "It is hereby declared to be the policy of the City of Paris to provide for efficient, economical, and effective controls over the creation, distribution, 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 disposition. "Sec. 2-179. City Clerk designated as responsible person, established. "The City Clerk, as official record-keeper of the City of Paris, having heretofore been designated records manager by Resolution No. 89-144, is the officer who will administer the Records Management System for the City of Paris. The City Manager is responsible for directing the City Clerk and coordinating records management operations among the city offices and departments. "Sec. 2-180. City Clerk designated Records Manager. "The City Clerk is designated Records Manager of the City of Paris, with the rank of department head, who shall administer the Records Management System and shall be responsible for city-wide files management and the direction and control of the City's records disposition program. The City Clerk shall report to and be responsible to the City manager in the same manner as other department heads. "Sec.2-181. Duties of Records Manager. "The Records Manager shall have the following duties, and others as assigned by the City Manager: "(a) Coordinate the City-wide files management and records disposition programs and report annually to the City Manager on program effectiveness in each City department. "(b) 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. "(c) Develop, disseminate, and coordinate files maintenance and records disposition procedures, including, but not limited to, those prescribed by this ordinance and the laws of the State of Texas to meet the current and long-term information needs of the City. "(d) Train departmental Records Officers and other personnel in the fundamentals of records management and their duties in the records management program. "(e) Carry out at the proper time actions such as micro photography, destruction, and transfers that are required by records schedules. "(f) Design and manage the operations of a Records Center for the low cost storage of application of records schedules within the office or department. "Sec. 2-184. City offices to use records control schedules. "All City offices and departments shall comply with minimum requirements established on records retention schedules issued by the Texas State Library and Archives Commission. "Sec. 2-185. Records Control Schedules "(a) The City of Paris shall comply with the minimum requirements established by the Texas State Library and Archives Commission, as amended. "Sec. 2-186. Implementation of Records Control Schedules; Destruction of Records Under Schedule. "(a) The records control schedule established by the Texas State Library and Archives Commission as amended shall be implemented by department heads and Records Liaison Officers according to minimum requirements. "(b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending lawsuit, or the department head 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 from the Records Management Officer. "Sec. 2-187. Records Center. "The Records Center operation shall utilize one or more buildings 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; and to provide facilities for a centralized micrographics program. The Records Manager shall designate and appropriately mark such centers and ensure that each appropriately protects the records stored therein. "Sec.2-188. Preservation of permanent records. "The Records Manager shall develop procedures to insure the permanent preservation of the historically valuable records of the City. The Records Manager shall provide housing under archival conditions for such records in the Records Center or in another municipal facilities and in such manner that the records, unless their use is restricted by law or regulation, are open to the public for research purposes. If City-owned facilities are not available the Records Manager 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. In no circumstances shall the permanent records of the City be transferred to private individuals, to private historical societies or museums, or to private colleges or universities. "Sec. 2-189. Non-current record 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. "Sec. 2-190. Micrographics program established. "A centralized micrographics program shall be designed and implemented by the Records Manager to serve all City offices and departments. No office or department shall operate a separate micrographics programs, and no City funds may be expended to film, or to contract with a service company to film, any City records, except through the Records Management System. "Sec. 2-191. Records to be micro photographed. "The Records Manager shall determine how long the various records of the City could be stored before the cost of storage during their retention periods would exceed the cost of preserving them in microform. In making this determination, the Records Manager shall compare long-term lease of low-cost storage facilities, in addition to or in place of any records, storage building operated by the City, with the cost of micro photography. In calculating comparative costs, the Records Manager shall consider document preparation and re-filing time of staff, and other indirect costs of micrographics, as well as the cost of separate archival storage for master negatives of microform. Records determined to be more economically stored on microform shall be micro photographed and, in addition, the Records Manager shall include the following types of records in the micrographics program: "(a) Those which the Records Manager determines are of historical value and whose preservation is best insured by micro photographing the records on archival quality film. "(b) Those which, because of the nature of the information they contain are indispensable to the continued operations of an office and, therefore, should be micro photographed to provide a security copy. "(c) Those which, because of high volume use, require frequent and/or large numbers of copies to be made which could be made most efficiently or economically through microfilm. "Sec.2-192. Micrographics. "Unless a micrographics program in a department is specifically exempted by order of the City of Paris, all microfilming of records will be centralized and under the direct supervision of the Records Management Officer. The records management plan will establish policies and procedures for the microfilming of City of Paris 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. "Sec. 2-193. Departments exempt from centralized microfilming. The following departments will be exempt from centralized microfilming: "(a) Police Department. "Sec.2-194. Accessibility of records on microfonn. "The public is hereby given identical access to records on microform to which they would be entitled under law if the records were in any other medium. JI Section 2. Any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor and, upon conviction, shall be fined in any sum not to exceed $500.00, and each and every day's continuance of any violation of the above-enumerated section shall constitute and be deemed a separate offense. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. This ordinance shall become effective on March 1, 1999. PASSED AND ADOPTED this 8th day of February, 1999. ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: 9~ Scott P. Foster, City Attorney