ORD 1990-11ORDINANCE No. 0 90-11
TOWN OF TROPHY CLUB, TEXAS
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ESTABLISHING A RECORDS MAINTENANCE
PROGRAM IN ACCORDANCE WITH THE TEXAS LOCAL
GOVERNMENT RECORDS ACT; APPOINTING A RECORDS
MANAGEMENT OFFICER AND A RECORDS MANAGEMENT
COMMITTEE; PROVIDING FOR OTHER INCIDENTAL
MATTERS; PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE
WHEREAS, Title 6, Subtitle C, Local Government Code (Local
Government Records Act) provides that a municipality must
establish by Ordinance an active and continuing Records
Management Program to be administered by a Records Management
Officer; and
WHEREAS, the Town of Trophy Club desires to adapt an ordinance
for that purpose and to prescribe policies and procedures
consistent with the Local Government Records Act and in the
interests of cost --effective and efficient recordkeeping;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TOWN OF
TROPHY CLUB:
SECTION 1. DEFINITION OF MUNICIPAL RECORDS. All documents,
papers, letters, books, maps, photographs, sound or video
recordings, microfilm, magnetic tape, electronic media, or
other information recording media, regardless of physical form
or characteristic and regardless of whether public access to it
is open or restricted under the laws of the state, created or
received by Town of Trophy Club or any of its officers or
employees pursuant to law or in the transaction of public
business are hereby declared to be the records of the Town of
Trophy Club 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.
SECTION 2. ADDITIONAL DEFINITIONS.
(1) "Department head" means the officer who by ordinance,
order, or administrative policy is in charge of an office of
the Town of Trophy Club that creates or receives records.
(2) "Essential record" means any record of the Town of
Trophy Club necessary to the resumption or continuation of
operations of the Town of Trophy Club, or to the protection and
fulfillment of obligations to the people of the state.
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(3) "Permanent records" means any record of the Town of
Trophy Club for which the retention period on a Records Control
Schedule is given as permanent.
(4) "Records Control Schedule" means a document prepared
by or under the authority of the Records Management Officer
listing the records maintained by the Town of Trophy Club,
their retention periods, and other records disposition
information that the Records Management Program may require.
(5) "Records management" means the application of
management techniques to the creation, use, maintenance,
retention, preservation, and disposal of records for the
purposes of reducing the costs and improving the efficiency of
recordkeeping. The term includes the development of Records
Control Schedules, the management of filing and information
retrieval systems, the protection of essential and permanent
records, the economical and space -effective storage of inactive
records, control over the creation and distribution of forms,
reports, and correspondence, and the management of
micrographics and, electronic and other records storage systems.
(6) "Records Liaison Officers" mean the persons
designated under Section 10 of this ordinance.
(7) "Records Management Committee" means the committee
established in Section 6 of this ordinance.
(S) "Records Management Officer" means the person
designated in Section 5 of this ordinance.
(9) "Records Management Plan" means the plan developed
under Section 7 of this ordinance.
(10) "Retention period" means the minimum time that must
pass after the creation, recording, or receipt of a record, or
fulfillment of certain actions associated with a record, before
it is eligible for destruction.
SECTION 3. MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY. All
municipal records as defined in Sec. 1 of this ordinance are
hereby declared to be the property of the Town of Trophy Club.
No municipality official or employee has, by virtue of his or
her position, any personal or property right to such records
even through he or she may have developed or compiled them.
The unauthorized destruction, removal from files, or use of
such records is prohibited.
SECTION 4. POLICY. It is hereby declared to be the policy of
the Town of Trophy Club to provide for efficient, economical,
and effective controls over the creation, distribution,
organization, maintenance, i:Sc, and disposition of all
municipal records through a Comprehensive system of integrated
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procedures for the management of records from their creation to
their ultimate disposition, consistent with the requirements of
the Texas Local Government Records Act and accepted Records
Management Practice.
SECTION 5. DESIGNATION OF RECORDS MANAGEMENT OFFICER. The
office of Court Clerk of the Town, and successive holders of
said office, shall serve as Records Management Officer for the
Town of Trophy Club. As provided by state law, each successive
holder of the office shall file his or her name with the
director and librarian of the Texas State Library within thirty
days of the initial designation or of taking up the office, as
applicable.
SECTION 6. ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE;
DUTIES. A Records Management Committee consisting of the
Administrative Committee of the Town, as now and hereafter
constituted, is hereby established. The committee shall:
(a) assist the Records Management Officer in the
development of policies and procedures governing the Records
Management Program;
(b) review the performance of the program on a regular
basis and propose changes and improvements if needed;
(c) review and approve Records Control Schedules
submitted by the Records Management Officer;
(d) give final approval to the destruction of records in
accordance with approved Records Control Schedules; and
(e) actively support and promote the Records Management
Program throughout the Town of Trophy Club.
SECTION 7. RECORDS MANAGEMENT PLAN TO BE DEVELOPED; APPROVAL OF
PLAN; AUTHORITY OF PLAN.
(a) The Records Management Officer and the Records
Management Committee shall develop a Records Management Plan
for the Town of Trophy Club for submission to the
municipality. The plan must contain policies and procedures
designed to reduce the costs and improve the efficiency of
recordkeeping, to adequately protect the essential records of
the municipality, and to properly preserve those records of the
municipality that are of historical value. The plan must be
designed to enable the Records Management Officer to carry out
his or her duties prescribed by state law and this ordinance
effectively.
(b) Once approved by the City Council the Records
Management Plan shall be binding on all offices, departments,
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divisions, programs, commissions, bureaus, boards, committees,
or similar entities of the Town of Trophy Club and records
shall be created, maintained, stored, microfilmed.
(c) State law relating to the duties, other
responsibilities, or recordkeeping requirements of a department
head do not exempt the department head or the records in the
department head's care from application of this ordinance and
the Records Management Plan adopted under it and may not be
used by the department head as a basis for refusal to
participate in the Records Management Program of the Town of
Trophy Club.
SECTION 8. DUTIES OF RECORDS MANAGEMENT OFFICER. In addition
to other duties assigned in this ordinance, the Records
Management Officer shall;
(1) administer the Records Management Program and provide
assistance to department heads in its implementation;
(2) plan, formulate, and prescribe records disposition
policies, systems, standards, and procedures;
(3) in cooperation with department heads identify
essential records and establish a disaster plan for each
municipal office and department to ensure maximum availability
of the records in order to re-establish operations quickly and
with minimum disruption and expense;
(4) develop procedures to ensure the permanent
preservation of the historically valuable records of the city;
(5) establish standards for filing and storage equipment
and for recordkeeping supplies;
(6) study the feasibility of and, if appropriate,
establish a uniform filing system and forms design and control
system for the Town of Trophy Club;
(7) provide records management advice and assistance to
all municipal departments by preparation of a manual or manuals
of procedure and policy and by on-site consultation;
(8) monitor records retention schedules and
administrative rules issued by the Texas State Library and
Archives Commission to determine if the Records Management
Program and the municipality's Records Control Schedules are in
compliance with state regulations;
(9) disseminate to the City Council and department heads
information concerning state laws and administrative rules
relating to local government records;
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(10) instruct Records Liaison Officers and other
personnel in policies and procedures of the Records Management
Plan and their duties in the Records Management Program;
(11) direct Records Liaison Officers or other personnel
in the conduct of records inventories in preparation for the
development of Records Control Schedules as required by state
law and this ordinance;
(12) ensure that the maintenance, preservation,
microfilming, destruction, or other disposition of municipal
records is carried out in accordance with the policies and
procedures of the Records Management Program and the
requirements of state law;
(13) maintain records on the volume of records destroyed
under Records Control Schedules, the volume of records
microfilmed or stored electronically, and the estimated cost
and space savings as the result of such disposal or disposition;
(14) report annually to the municipality on the
implementation of the Records Management Plan in each
department of the Town of Trophy Club, including summaries of
the statistical and fiscal data compiled under Subsection (13);
and
(15) bring to the attention of the City Council
non-compliance by department heads or other municipal personnel
with the policies and procedures of the Records Management
Program or the Local Government Records Act.
SECTION 9. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS.
In addition to other duties assigned in this ordinance,
department heads shall:
(l) cooperate with the Records Management Officer in
carrying out the policies and procedures established in the
Town of Trophy Club for the efficient and economical management
of records and in carrying out the requirements of this
ordinance;
(2) adequately document the transaction of government
business and the services, programs, and duties for which the
department head and his or her staff are responsible; and
(3) maintain the records in his or her care and carry out
their preservation, microfilming, destruction, or other
disposition only in accordance with the policies and procedures
of the Records Management Program of the Town of Trophy Club
and the requirements of this ordinance.
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SECTION 10. DESIGNATION OF RECORDS LIAISON OFFICERS. Each
department head shall designate a member of his or her staff to
serve as Records Liaison Officer for the implementation of the
Records Management Program in the department. If the Records
Management Officer determines that in the best interests of the
Records Management Program more than one Records Liaison
Officer should be designated for a department, the department
head shall designate the number of Records Liaison Officers
specified by the Records Management Officer. Persons
designated as Records Liaison Officers shall be thoroughly
familiar with all the records created and maintained by the
department and shall have full access to all records of the
Town of Trophy Club maintained by the department. In the event
of the resignation, retirement, dismissal, or removal by action
of the department head of a person designated as a Records
Liaison Officer, the department head shall promptly designate
another person to fill the vacancy. A department head may
serve as Records Liaison Officer for his or her department.
SECTION 11. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON
OFFICERS. In addition to other duties assigned in this
ordinance, Records Liaison Officers shall:
(a) conduct or supervise the conduct of inventories of
the records of the department in preparation for the develop of
Records Control Schedules;
(b) in cooperation with the Records Management Officer
coordinate and implement the policies and procedures of the
Records Management Program in their departments; and
(c) disseminate information to department staff
concerning the Records Management Program.
SECTION 12. RECORDS CONTROL SCHEDULES TO BE DEVELOPED;
APPROVAL; FILING WITH STATE.
(a) The Records Management Officer, in cooperation with
department heads and Records Liaison Officers, shall prepare
Records Control Schedules on a department by department basis
listing all records created or received by the department and
the retention period for each record. Records control
schedules shall also contain 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 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 Town of
Trophy Club.
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(c) Before its adoption a Records Control Schedule or
amended schedule for a department must be approved by the
department head and the members of the Records Management
Committee.
(d) Before its adoption a Records Control Schedule must
be submitted 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 the director and
librarian.
SECTION 13. IMPLEMENTATION OF RECORDS CONTROL SCHEDULES;
DESTRUCTION OF RECORDS UNDER SCHEDULE.
(a) A Records Control Schedule for a department that has
been approved and adopted under Section 7 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 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 by the Records Management Officer
from the Records Management Committee.
SECTION 14. DESTRUCTION OF UNSCHEDULED RECORDS. A record that
has not yet been listed on an approved Records Control Schedule
may be destroyed if its destruction has been approved in the
same manner as a record destroyed under an approved schedule
and the Records Management Officer has submitted to and
received back from the director and librarian an approved
destruction authorization request.
SECTION 15. RECORDS CENTER. A records center, developed
pursuant to the plan required by Section 7, shall be under the
direct control and supervision of the Records Management
Officer. Policies and procedures regulating the operations and
use of the records center shall be contained in the Records
Management Plan developed under Section 7.
SECTION 16. MICROGRAPHICS. Unless a micrographics program in a
department is specifically exempted by order of the
municipality, all microfilming of records will be centralized
and under the direct supervision of the Records Management
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Officer. The Records Management Plan will establish policies
and procedures for the microfilming of municipal 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.
SECTION 17. SEVERABILITY. If any section, article, paragraph,
sentence, clause, phrase, or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a court of competent jurisdiction, such
holding shall not affect the validity of the remaining portion
of this ordinance; and the City Council hereby declares that it
would have passed such remaining portions of this ordinance
despite such invalidity; which such remaining portions shall
stay in full force and effect.
SECTION 18.
immediately
accordance
TIME OF EFFECT. This ordinance shall take effect
from and after its passing and publication in
with State and local law. and it is accordingly so
[SEAL)
APPROVED AS TO FORM:
CITY ATTORNEY, j
TOWN OF TROPHY CLUB, TEXAS
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