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90-049 ORD ESTABLISHING SYSTEM OF RECORDS RETENTION, RETRIEVAL AND DESTRUCTION ORDINANCE N0. 90-049 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS ES`I'ABLISHIPIG A SYSTEM OF RECORDS RETENTION, RETRIEVAL, AND DESTRUCTION; REPEALING ALL URDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH: AND PROVIBING FOR AN EFFECTIVE DATE OF JANUARY I, 1991. C-JHEREAS, Texas Revised Civil Statute Annotated, Article 6574c, provides that any incorporated city may aciopt an ordinance providing for the microphotography, destruction, or other disposition of public records, and, WHEREAS, the Cityo of Paris, Paris, Texas, desires to adopt an ordinance for that purpose and to provide for ar, orderly and efficient system of records retention, rEtrieval, and destruction; NOW THEKEFQRE: BE IT ORDAINED 13Y THE CIT'Y COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section l. Definitien of City Records. All papers, correspondence, inemoranda, accounts, reports, maps, plans photographs, sound and video recordings, files, microfarm, magnetic or paper tape, punch card, or other documents, regardless of physical form or characteristic, which have been or shall be created, received, fiied, or recorded by any city office or department or its Iawful successor, or officials thereoL in pursuance of law or ordinance or in the conduct, transaction, or performance of any business, duty, or function of public busiiiess, 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 ordiriance or precedures authorized by it and in no uther manner. Library and museum materials acquired solely for reterence, exhibit, or display and stocks of publications shall not constitute records for purposes of this ordinance. Section 2. City records declared public property. A11 City records as defined in Section 1 of this ordinance are hereby declared to be property of the City of Paris. No city oificial or employee has, by virtue of his or her position, any personal or property right to such records even though he or she n~ay have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. Section 3. 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, distributiori, organization, maintenance, use, and disposition of all city records through a comprehensive system of integrated procedures for the management of recor.ds from their creation to their ultimate disposition. Section 4. City C1erk 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 adniinister the Records Management System for the City of Paris. The City Manager is responsible for directing the City Clerk and coordinating records maragement operatians among the city oftices and departments. Section 5. City C1erk designated Records Manager. The City Clerk is designated Records Nlanager of the City of Paris, with the rank of departmerit hEad, who shall administer the Records Management System and shall be responsible for city-wicte files rnanagement and the direction and control of the City's records disposition progracn. The City Clerk shall report to and be responsible to the City Manager in the same manner as other department heads. Section 6. Duties of Records Manager. The Recards Manager shall have the following duties, and others as assigned by the City Manager. 1) Plan, formulate, and prescribe basic files management and records disposition policies, systems, standards, and procedures. 2) 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 for all records. Retention periods shall be no shorter than desired by the originating office, but sha11 be as long as deemed necessary by either the Records Manager, the City Attorney, or the City Finance Officer. 3) Review schedules annually and update or amend as needed. 4) Coordinate the citywide files management and records disposition programs and report annually to the City Manager on program effectiveness in each city department. 5) 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. 6) 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. 7) Train departmental Records Officers and other personnel in the fundamentals of records management and their duties in the records management program. 8) Carry out at the proper time actions such as microphotography, destruction, and transfers that are required by records schedules. 9) Design and manage the operations of a Records Center for the low cost storage of inactive records and as a facilities for a centralized micrographics program. 10) Establish and monitor compliance with standards for filing and storage equipment and supplies in all city offices and departments, and report to the City Manager failure of any officer or department to comply with standards. Keep careful records of savings in equipment, supplies, and staff costs realized by each department of the city through implementation of the records management program. Keport annually such cost savings to the City Manager; the report program. Report annually such cost savings to the City Manager; the report shall include the amount of storage space and equipment released for other uses. 11) Develop a citywide forms design and control system. 12) Establish in cooperation with other responsible city officials a disaster plan for each city office and department to insure maximum availability of records for re-establishing operations quickly and with minimum disruption and expense. (13) Develop procedures to insure the permanent preservation of he historically valuable records of the City. 14) Protect privacy and assure availability of public information from records stored in records center; bring to attention of the City Manager any office ciot in compliance with laws or ordinances regarding public access to information or protectiori of privacy. 15) Prepare and submit annually to the City Manager the budget requirements of the Records Management System to enable it to fulfill the records management goals of the City. Section 7. Responsibilities of City Department Heads. Al1 City office and department heads are responsible for the implementation and operation of effective files operations, records transfers and dispositions, and other activities in accordance with the provisians of this ordinance within their areas of responsibility. T'hey shall designate Records Officers within their offices ana provide the Records Manager the names of such desigriees and of all file stations and files custodians under their supervision. Persons designated as Records Officers shall report directly to the head of their department on matters relating to the records management program and should have full access to all files intheir department. Section 8. Responsibilities of records officers. The Records Officer in each office and department is responsible for providing coordination between the Records Manager and personnel in his or her otfice to ensure that provisions of this ordinance are complied with. This responsibility shall include overseeing the application of records schedules within the office or department. Section 9. City offices to use records schedules. All City offices and departments shall adopt records retention and disposition schedUles and destroy, transfer, or otherwise dispose of records only according to such schedules. Section 10. Development of records reterrtion and disposition schedules. Retention periods to be included in records schedules shall be submitted by the Records Manager to the City Finance Office and City Attorney, who sha11 notify the Records Manager within 10 working days of his approval or of any objection to a retention period. At the expiration of the ten day period, if no objection has been submitted, the records schedule shall be adopted and shall have tull force as sufficient authorization for records destruction or other action. If objection is made, the Records Manager shall determine a retention period satisfactory to the otfice or department concerned, to the Finance Officers, and to the City Attorney. When a recards retention and disposition schedule is adopted, it shall thenceforth constitute full authority to destroy, transfer, microphotograph, or take other actions, and the City Council hereby directs that such action be taken by the Records Manager or under his supervision. The Records Manager sha11 notify the State Librariari of intended destruction, as required by law, but no turther notice to the City council or to the City office shall be required. Revision of retention periods shall be submitted for review to the City Attorney and City Finance Off icer in the same manner as the original retention periocis. Section 11. 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 supervision of the Records Manager. Prior to such destruction the Records Manager shall submit lists of records to be destroyed to the City Finance Officer and the City Attorney, who shall give notice within 10 working days of any records they believe should not be destroyed, and such recorcls 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 departmerit and no longer needed for administrative, legal, fiscal, or other research purposes. Section 12. 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 danlage 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. Section 13. 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 tor 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 ot the records to the T'exas 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. Section 14. 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 to the Records Center or archives or the State Library, or be destruyed, at the time such action is designated on an approved records schedule. Such records shall not be maintained in current office files or equipment. Section 15. 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, ar to contract with a service company to film, any City records, except through the Records tAanagement System. SECTION 16. Records to be microphotographed. The Records Manager sha11 determine how long the various records of the City could be stored before the cost of storage during their retention periods woulci 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 microphotography. In calculating comparative costs, the Records NIanager shall consider document preparation and refiling time of staff, and other indirect costs of micrographics, as well as the cost of separate archival storage for master negatives of microform. Kecords determined to be more economically stored on microform shall be microphotographed and, in addition, the Records Manager shall include the following types of records in the micrographics program: I) Those which the Records Manager determines are of historical value and whose preservation is best insured by microphotographing the records on archival quality film. 2) 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 provice a security copy. 3) 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. Section 17. Micrographics Standards. Microfilm used for archival or security purposes as outlined in Section 14 must meet the technical standards for quality, density, resolution, and definition of the American National Standards Institute (formerly the United States of America Standards Institute) as required by law. The master negatives of such film shall not be used for making use copies and shall be stored off-site under the environmental and security standards of the American National Standards Institute. Microform records must be indexed. The Records Manager or an authorized deputy shall check and certiiy that a microform record is a true and accurate duplication of the original record and shall cause to be included as part of the microform record certification images to that effect. Section 18. 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 19. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 20. This ordinance shall become effective on January 1, 1991. Passed and adopted this lOth day of.IIece ber, 1990. C_ Eric I . Cliffor , Mayor ATTEST: i - - Mattie Cunningham, Cit Cler APPROVED A 0 FORNI: 6 -G . . Haynes, City Attorney