HomeMy WebLinkAboutOrdinance No. 673 CITY OF THE COLONY, TEXAS
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER
2, ARTICLE III , RELATING TO RECORDS MANAGEMENT;
ADOPTING RULES ESTABLISHING STANDARDS AND PROCEDURES
FOR MICROFILMING LOCAL GOVERNMENT RECORDS; PROVIDING A
SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY
WHEREAS, Title 6, Subtit~le C, Local Government Code (Local
Governmenb Records Act) provides that a municipaliby mush
es~'ablish by ordinance an active and continuing records
managemenb program ho be administered by a Records Management
Officer; and
WHEREAS, the Ciby Council of the Ciby of The Colony did
adopt. Ordinance No. 486 on the 1st day of June, 1987,
es~'ablishing a Records Management Program, pursuant to Article
6574c, V.A.C.S.; and
WHEREAS, ~he City Council of the City of The Colony, Texas
desires to amend above named ordinance to prescribe policies and
procedures consistent, wibh the Local Government Records Act and
in ~he interests of cost-effective and efficient recordkeeping;
NOW, THEREFORE. BE IT ORDAINED BY THE CITY CO~JNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That Chapber 2. Arhicle III of bhe Code of
Ordinances of the Cit~y of The Colony shall be amended in the
following particulars:
A. All references ~o the Records Manager shall be amended
bo read "Records Management Officer"
B. All references bo the Records Officer shall be amended
to read "Records Liaison Officer".
C. Sec. 2-307 shall be amended to read as follows:
Sec. 2-307 DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON
OFF I CERS.
In addition to o~,her dubies assigned in this ordir~ance
Records Liaison Officers shall: '
(a) conducb or supervise bhe conduct of inven~,ories of bhe
records of bhe department in preparabion for the developmenb of
records control schedules;
(b) in cooperation with bhe Records managemen~ Officer
coordinabe and implemenb bhe policies and procedures of the
records management program in their departmer~s; and
(c) disseminate information to department staff concerning
the records management, program.
D. Sec. 2-308 shall be amended to read as follows:
Sec. 2-308 RECORDS SCHEDTJLES TO BE DEVELOPED~ APPROVAL;
FILING WITH STATE.
(a) The Records Manageme~ Officer, in cooperation with
department, heads and Records Liaisons Officers, shall prepare
records control schedules on a departmen~ by department basis
listing all records crea~ed or received by the department and the
retention period for each record. Records control schedules
shall also cont, air~ such other information regarding the
disposition of municipal records as the records management plan
may require.
(b) Each records control schedule shall be monitored and
amended as needed by ~he Records Management Officer on a regular
basis to ensure that i~ is in compliance wit!h records regen~ion
schedules issued by ~he state and tba~ it, continues to reflect
the recordkeeping procedures and needs of the department arid the
records management, program of ~he Cit~y of The Colony, Texas.
(c) Before i~s adopt, ion a records control schedule or
amended schedule for a department must be approved by the
department head, the City Attorney, and the Finance Director.
(d) Before its adoption a records control schedule must be
submitted ~o and accepted for filing by ~he director and
librarian as provided by state law. If a schedule is no~
accepted for filing, ~he schedule shall be amended ~o make it
acceptable for filing the Records Management Officer shall submit~
the records control schedule to the director and librarian.
E. Sec. 2-309 sha~l he amended to read as follows:
Sec. 2-309 IMPLEMENTATION OF RECORDS CONTROL SCHEDTJLES;
DESTRUCTION OF RECORDS UNDER SCHEDULE.
(a) A records control schedule for a department, that has
been approved and adopt~ed under the records managemen~ plan shall
be implemented by department, heads and Records Liaison Officers
according to the policies and procedures of the records
management plan.
(b) A record whose retention period has expired on a records
control schedule shall be destroyed unless an open records
request is pending on ~he record, the subject ma~ter of the
record is pertinent to a pending law suit, or the department head
requests in writing to the Records Management Officer ~ha~ the
record be retained for an additional period.
(c) Prior bo t'he dest'ruction of a record under an approved
records control schedule, aut'horizat'ion for t'he dest'ruc~ion must
be obt'ained by the Records Management Officer from the department
head, t, he City Attorney, and t'he Finance Director.
F. Sec. 2-309A shall be added and shall read as follows:
Sec, 2-309A DESTRUCTION OF UNSCHEDULED RECORDS.
A record that has nob yet been list'ed on an approved records
con~rol schedule may be dest'royed if irs dest'ruc~ion has been
approved in the same manner as record dest'royed under an approved
schedule and ~he Records Management Officer has submiSbed bo and
received back from the director arid librarian an approved
destruct'ion authorization request,.
G. Sec. 2-311 shall be amended by adding the following
paragraph
The records center, developed pursuant' t'o t, he records
management plan shall be under the direct' cont'rol and supervision
of t'he Records Management' Officer. Policies and procedures
regulat~ing the operations arid use of the records center shall he
cont'ained in the records management plan.
H. Sec. 2-316 shall be amended t'o read as follows:
Sec. 2-316 MICROGRAPHICS STANDARDS AND PROCEDURES
Unless a micrographics program in a depart'ment' is
specifically exempt, ed by order of t'he City Council, all
microfilming of records will be centralized and under +'he direct'
sUpervision of the Records Management Officer. The records
management, plan will establish policies and procedures for ~he
microfilming of municipal records, including policies t'o ensure
bhab al 1 microfilming is done in accordance with standards and
procedures for the microfilming of local government~ records
est'abl ished in rules of the Texas State Library arid Archives
Commission. The plan will also establish criteria for
det'ermining the eligibilit'y of records for microfilming, and
protocols for ensuring ~hat' a microfilming program ~hat' is
exempted from t'he centralized operations is, neverhheless,
subject bo periodic review by the Records Management~ Officer as
t'o cost'-effecbiveness, administrat'ive efficiency, and compliance
with commission rules.
SECTION 2. SEVERABI L I Ty.
If any section, article, paragraph, sent'ence, clause, phrase
or word in t'his Ordinance or application thereof t'o any person or
circumstance is held invalid or unconsbit~ut'ional by a Court. of
competent~ jurisdic~,ion, such holding shall riot affec~ bile
validity of the remaining port'ions of this Ordinance. and t'he
City Council hereby declares it would have passed such remaining
portions of bhis Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
SECTION 3. EMERGENCY
The fac5 bhab bhe present~ ordinances and regulabions of bhe
City of The Colony, Texas, are inadequate bo properly safeguard
the health, safety, morals peace and general welfare of the
inhabitants of the City of The COlony, Texas, creates an
emergency for the immediate preservation of public business,
property, healt, h, safety and general welfare of the public which
requires bhab bhis ordinance shall become effective from and
after the da~e of its passage and
i~t, is accordingly so ordained.
1lam W. Manning,
ATTEST:
·
A. H~cks, C~y Secretary
APPROVED AS TO FORM:
~ohn Boyle, Ci~.y AS~orney