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