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91-035 ORD PROVIDING FOR THE REPEAL OF ORDINANCE NO 90-049 OF CODE OF ORDINANCES DATED DECEMBER 10, 1990 ORDINANCE NU. 91-035 AN ORDINANCE OF THE CITY OF PARIS, PA12IS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, PROVIDING FUR THE REPEAL OF ORllINANCE 90-049 OF' THE CODE OF ORDINANCES UF THE CITY OF PARIS, DATED DECEMBER 10, 1990, AND llECLARING THE SAME TO BE NULL AND VOID AND OF NU EFFECT; AND THAT SAID CODE BE AMENI3Ell BY RF;VISING ARTICLE V1I OF CHAPTER 2 UF SAID CODE, ESTABLISHING A SYSTEM OF RECORDS RETENTION, RET'RIEVAL, AND DESTRUCTION; PROVIDING FOR A PENALTY NOT T'0 EXCEED $500.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HF'REWITH; AND PROVIDING FUK AN EFFECTIVE DATE OF AUGUST 1, 1991. Section l. That Article VI1 of the Code of Ordinances ot the City of Paris, Paris, T'exas, be amended so that such shall read as fol:lows: "ARTICLE VII. RECORDS RETEivTIUlv, RETRIEVAL, AND DESTRUCTIUN "Sec. 2-I76. 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 ar shall be created, received, filed, or recorded by any city office or department or its lawful successor, or officials thereof in pursuance of law or ordinance or in the cunduct, transaction, or performance of any busitiess, duty, or furiction of public business, whether or not confidentidl or restricted in use, are hereby declared to be records ot 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 tur purposes of this ordinance. Sec. 2-177. City records declared public property. All City records as deiined iiz 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 ta such records even though he or she may have developed or compiled them. The unauthorized destructien, removal froft, Liies, 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 trom their creation to their ultimate disposition. Sec. 2-179. City Clerk designated as responsible person, establisheci. `The City Clerk, as official recard keeper of the City of Paris, having heretofore been designated records manager by Resolution No. $9-144 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 IZecords 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 Nlanager. (a) Plan, formulate, and prescribe basic files management and records disposition policies, systems, standards, and procedures. (b) Prepare records retention and disposition schedules in cooperation with department heads for all city offices and departments, define and identify vital and permanent records, and establish retention periods £or all records. Retention periods shall be no shorter than desired by the originating office, but shall be as long as deemed necessary by either the Records Manager, the City Attorney, or the City Finance Officer. (c) Review schedules annually arid update or amend as needed. (d) Coordinate the city wide files management and records disposition programs and report annually to the City Manager on program effectiveness in eac.h city department. (e) 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. (f) Develop, disseminate, and coordinate files maintenance and records disposition procedures, including but not limited to those prescribed by this ordinance, to meet the current and long-term information needs of the City. (g) Train departmental Records Officers and other personnel in the fundamentals of records management dnd their duties in the records managemerit program. (h) Carry out: at the proper time actions such as microphotogrdphy, destruction, and transfers that are required by records schedules. (i) Design dnd manage the operations of a Recorcfs Center for the low cost storage of application of records schedules withiri the office or department. Sec. 2-184. City offices to use records schedules. All City offices and departments sha11 adopt records retention and disposition schedules and destroy, transier, or otherwise dispose of records only accordi.ng to such schedules. "Sec. 2-185. Records Control Schedules To Be Beveloped; Approval; Filing with State. (a) The Records Managemerit Officer, in cooperation with department heads and Records Liaison Officers, shall prepare records control schedules on a department by department basis liating all records created or received by the department and the retention period of each record. Records control schedules shall also contain such other information regarding the disposition of City of Paris records as the records management plan may require. (b) Each records control schedule shall be rnor7itored arid amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the records management program of the City of Paris. (c) Before its adoption a records control schedule or amended schedule for a department must be approved by the department head, the City Attorney, and the Director of Finance. (d) Before its adoption a records control schedule must be submitted to and accepted for filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the records control schedules to t'cie director and Iibrarian." Sec. 2-1$6. Implementatioti oi Records Control Schedules; Destruction of Records Under Schedule. (a) A records control schedule for a department that has been approved and adopted under Section 2-184 shall be implemented by clepartment heads and Records Liaison Ufficers according to the policies and pracedures of the records management plari. (b) A record whosE retention period has expired on a records control schedule sha11 be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinerit to a pending lawsuit, or the departmerit head requests in writing to the Records Management Committee tnat the record be retained for an additional period. (c) Prior to the destruction of a record under an approved records control schedule, authorizatiori for the destruction must be obtained by the Records Managemecit Officer from the Records Nianagement Coirimittee. Sec. 2-187. One-time destruction of obsolete records. Prior to adoption of records schedules for an office, one-time destruction of accumulated obsolete records of that office may be made by or under the supervisiori of the Records Manager. Prior to such destruction the Records lAanager shall submit lists of records to be destroyed to the City Finance Officer and the City Attorney, who shall give notice within lU warking days of any records they believe should not be destroyed, and such records shall be retained for a period suggested by either. The Records Manager shall also submit notice as required by law to the State Librarian. Obsolete records shall include those no longer created by the office or department and no longer needed for admirâ–ºistrative, legal, fiscal, or other research purposes. Sec. 2-188. 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-I89. Preservation of permanent records. The Records Mariager shall develap procedures to insure the permanent preservation of the historically valuable records of the City. The Records Manager shall provide housing under archival conciitions 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 regulatian, 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 Gepositories, or shall make other arrangenlents 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. 2-190. Non-current records 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 ta 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 rlot be maintained in currecit office files or equipment. Sec. 2-191. 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 aperate a separate micrographics programs, and no City tunas may be expended to film, or to contract with a service company to film, any City records, except through the Records Mariagement System. Sec. 2-192. Records to be microphotographed. T'he Records Manager shall determine how long the various records of the City could be stored before the cost of storage during their retention periads 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 ot any records, storage building operated by the City, with the cost of microphotography. In calculating comparative costs, the Records Manager shall consider document preparation and retiling time of statt, and other indirect costs of micrographics, as well as the cost of separate archival storage for master negatives ot microform. Records determined to be more economically stored on inicroform shall be microphotographed and, in addition, the Kecords Manager shall irâ–ºclude 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 microphotographing the recards 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 microphotographed to provide a security copy. (c) Those which because of high volume use require trequent and/or large iluinbers of copies to be made which could be made most efficieritly or economically through microfilm. Sec. 2-193. Micrographics. Utiless 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 Gfficer. The records management plan will establish policies and procedures for the microfilming of City ot Paris records, including policies to ensure that a11 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 estabiish criteria for determining the eligibility of records for microfilming and protocols for ensuring that a microfilming program t:hat 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 commissian rules. Sec. 2-194. Departments exempt from centralized microfilming. The following departments will be exempt from centralized microfilming: (a) Police Department Sec. 2-195. Accessibility of records on microform. 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." Section 2. Any person violating any of the provisions oi 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 of{ense. Section 3. Al1 ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 4. This ordinarce shall become effective on August 1, 1991. Passed and adopted this 15th day of July, 1991. G rge F sher, Mayor ATTEST: Mattie Cunningham, Ci Cler APPROVED AS TO FORM: . , T. K. aynes, ity Attorney