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