ORD 2006-28TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2006-28
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS
REPEALING TOWN ORDINANCE NO. 90-11 ESTABLISHING A
RECORDS MAINTENANCE PROGRAM AND ADOPTING A NEW
ORDINANCE BY AMENDING THE CODE OF ORDINANCES OF
THE TOWN, TO ADD ARTICLE XIV, ENTITLED "RECORDS
MANAGEMENT", SECTION 14.01 THROUGH SECTION 14.10
TO CHAPTER 1, ENTITLED "ADMINISTRATION",
DESIGNATING THE OFFICE OF COMPUTER SUPPORT
SPECIALIST AND SUCCESSIVE HOLDERS AND DESIGNEES
OF THAT OFFICE AS THE RECORDS MANAGEMENT OFFICER
FOR THE TOWN; REQUIRING THE DEVELOPMENT OF A
RECORDS MANAGEMENT PLAN UNDER THE DIRECTION OF
THE TOWN MANAGER; AND REQUIRING SUBMISSION OF
THE PLAN TO THE TOWN COUNCIL FOR APPROVAL;
SPECIFYING DUTIES OF THE RECORDS MANAGEMENT
OFFICER AND OTHER REGULATIONS RELATED TO THE
MAINTENANCE, DESTRUCTION, AND STORAGE OF
RECORDS; PROVIDING FOR THE INCORPORATION OF
PREMISES; PROVIDING A SAVINGS AND REPEALER
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club is a home rule municipality
organized under the Constitution and the laws of the State of Texas; and
WHEREAS, the Town Council as the governing body of the Town is
charged with establishing and maintaining a program for the efficient and
economical management of all local government records; and
WHEREAS, the Town Council is required to cause policies and
procedures to be developed for the administration of a records management
program under the direction of a Records Management Officer; and
WHEREAS, Chapter 203 of the Texas Local Government Code
establishes duties of the Records Management Officer and requires the Town
Council to prescribe rules and procedures for the establishment and operation of
the records management program; and
WHEREAS, the Town Council has determined that the Office of Computer
Support Specialist shall serve as the Records Management Officer and a records
management plan for the Town of Trophy Club shall be developed under the
direction of the Town Manager; and
WHEREAS, the Town Council determines that the repeal of Ordinance
NO. 90-11 and the adoption of this Article and its inclusion into the Code of
Ordinances serves the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB, TEXAS:
SECTION 1.
INCORPORATION OF PREMISES
That the above and foregoing premises are true and correct and are
incorporated herein and made a part hereof for all purposes.
SECTION 2.
AMENDMENT
2.01 Article XIV entitled, "Records Management' of Chapter 1, entitled
"Administration" of the Code of Ordinances of the Town of Trophy Club, Texas, is
hereby amended to add Section 14.01 through Section 14.10, so that Section
14.01 through Section 14.10 reads as follows:
Section 14.01 Policy
A. 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, use, and disposition or all municipal
records through a comprehensive system of integrated 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 14.02 Definitions
A. Commission: The Texas State Library and Archives Commission.
B. Custodian of Records: The appointed public officer(s) who by ordinance or
administrative policy is in charge of an office that creates or receives local
government records.
C. Custodian of Records: The appointed public officer(s) who by ordinance or
administrative policy is in charge of an office that creates or receives local
government records.
D. Director and Librarian: The executive and administrative officer of the
Texas State Library and Archives Commission.
E. Essential Record: Any local government record of the Town of Trophy Club
necessary to the resumption or continuation of operations of the Town of
Trophy Club in an emergency or disaster, to the re-creation of the legal and
financial status of the Town, or to the protection and fulfillment of
obligations to the people of the state.
F. Local Government Record: Any documents, papers, letters, books, maps,
photographs, sound or video recordings, microfilm, magnet tape, electronic
media, or other information recordings 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. The term does not include:
Extra identical copies of documents created only for convenience of
reference or research by officers or employees of the Town;
2. Notes, Journals, diaries, and similar documents created by an officer
or employee of the Town for the officers' or employee's personal
convenience;
3. Blank forms;
4. Stocks of publications;
5. Library and museum materials acquired solely for the purposes of
reference or display;
6. Copies of documents in any media furnished to members of the public
to which they are entitled under Chapter 552, Government Code, or
other state law; or
7. Any records, correspondence, notes, memoranda, or documents,
other than a final written agreement described by Section
2009.054(c), Government Code, associated with a matter conducted
under an alternative dispute resolution procedure in which personnel
of a state department or institution, local government, special district,
or other political subdivision of the state participated as a party,
facilitated as an impartial third party, or facilitated as the administrator
of a dispute resolution system or organization.
G. Permanent Records: Or "Record of Permanent Value" means any record of
the Town of Trophy Club for which the retention period on a records
retention schedule issued by the Texas State Library and Archives
Commission is given as permanent.
H. Records Control Schedule: 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 Town's records management program may require.
I. Records Management: 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.
J. Records Liaison Officers: The persons designated by the Town Manager to
interface with Town departments and the public and to perform such other
duties as assigned.
K. Records Management Officer: The person or position designated in this
Ordinance as the records management officer and his or her successor.
L. Records Management Plan means the plan developed under Section 7 of
this Ordinance.
M. Records Retention Schedule" means a document issued by the Texas
State Library and Archives Commission under authority of the Texas
Government Code, as amended, establishing mandatory retention periods
for local government records.
N. Retention Period: 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 14.03 Municipal Records Declared Public Property
A. All municipal records as defined in this Ordinance are hereby declared to be
the property of the Town of Trophy Club. No municipal 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 14.04 Designation of Records Management Officer
A. The office of Computer Support Specialist of the Town, and successive
holders and designees 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. The Town Council
designation of the name, office, or position of the Records Management
Officer shall be entered into the minutes of the Town Council meeting at
which such designation is made.
Section 14.05 Records Management Plan to be Developed; Approval of
Plan; Authority of Plan
A. The Records Management Officer under the direction of the Town Manager
shall develop a Records Management Plan for the Town of Trophy Club for
submission to and approval by the Town Council. The plan shall be
adopted by ordinance and must provide methods and procedures to enable
the Town Council, Custodian of Records, and Records Management Officer
to fulfill the duties and responsibilities set out in the Texas Local
Government Code, Sections 203.021, 203.022, and 203.023, as amended,
concerning the management and preservation of records. A copy of the
ordinance shall be filed by the Records Management Officer with the
Director and Librarian within 30 days after the date of its adoption. The plan
shall also 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 Town Council, the Records Management Plan shall
be binding on all offices, departments, 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 Custodian of Records does not exempt him or her or the
records in his or her care from the application of this ordinance and the
Records Management Plan adopted under it, nor may it be used by the
Custodian of Records as a basis for refusal to participate in the Records
Management Program of the Town of Trophy Club.
Section 14.06 Duties of Records Management Officer
A. In addition to other duties assigned in this ordinance and state law, the
Records Management Officer shall:
1. Assist in establishing and developing policies and procedures for a
Records Management Program; and
2. Administer the Records Management Program and provide assistance
to Town Staff for the purposes of reducing the costs and improving the
efficiency of recordkeeping; and
3. In cooperation with the Custodian of Records shall:
a. Prepare and file the records control schedules and amended
schedules required by Section 203.041 and the list of obsolete
records as provided by Section 203.044 as amended, of the
Texas Local Government Code; and
b. Prepare or direct the preparation of requests for authorization to
destroy records not on an approved control schedule as provided
by this Ordinance; and
c. Identify and take adequate steps to preserve local government
records that are of permanent value; and
d. Identify and take adequate steps to protect essential local
government records;
e. Ensure that the maintenance, preservation, microfilming,
destruction, or other disposition of records is carried out in
accordance with the policies and procedures of the Town's
Record Management Program and the requirements of state law,
including rules and policies adopted under that Program; and
f. Disseminate to the Town Council and Custodians of Records
information concerning state laws, administrative rules, and the
policies of the Town relating to Town records; and
g. Establish procedures to ensure that the handling of records in any
context of the records management program by the Records
Management Office or those under the officer's authority is
carried out with due regard for:
i. The duties and responsibilities of Custodians that may be
imposed by law; and
ii. The confidentiality of information in records to which access
is restricted by law.
Section 14.07 Records Control Schedules to be Developed; Approval;
Filing with State
A. The Records Management Officer, acting under the direction of the Town
Manager, 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.
C. Before its adoption a Records Control Schedule or amended schedule for a
department must be approved by the Town Manager.
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 Implementation of Records Control Schedules; Destruction
14.07 of Records Under Schedule
A. A Records Control Schedule for a department that has been approved and
implemented in accordance with 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 a 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 Town Manager.
Section 14.08 Destruction of Unscheduled Records
A. 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 14.09 Records Center
A. A records center, developed pursuant to the plan required by this Article
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 hereunder.
Section 14.10 Alternative Storage Methods
A. All electronic, digital or other storage of records authorized under the
Records Management Plan shall be centralized and under the direct
supervision of the Records Management Officer. The Records
Management Plan shall establish policies and procedures for the storage of
municipal records, including policies to ensure that any alternative storage
method is utilized in accordance with standards and procedures for the
local government records established in rules of the Texas State Library
and Archives Commission. The plan shall also establish criteria for
determining the eligibility of records for alternative storage methods and
protocols for exempting records from the centralized process; provided
however, that exempted records are still subject to periodic review by the
Records Management Officer as to cost-effectiveness, administrative
efficiency, and compliance with commission rules
SECTION 3.
SAVINGS AND REPEALER
That this Ordinance shall be cumulative of all other Ordinances of the
Town affecting Records Management and shall not repeal any of the provisions
of such Ordinances except in those instances where provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance; whether
such Ordinances are codified or uncodified, and all other provisions of the
Ordinances of the Town of Trophy Club, codified or uncodified, not in conflict with
the provisions of this Ordinance, shall remain in full force and effect.
Notwithstanding the foregoing, any complaint, action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen
under or pursuant to such repealed Ordinance(s) shall continue to be governed
by the provisions of that Ordinance and for that purpose the Ordinance shall be
deemed to remain and continue in full force and effect.
SECTION 4.
SEVERABILITY
If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or application thereof to any person or circumstance, is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the Ordinance, and the Town Council
hereby declares it would have passed such remaining of the Ordinance despite
such invalidity, which remaining portions shall remain in full force and effect.
SECTION 5.
ENGROSSMENT AND ENROLLMENT
The Town Secretary of the Town of Trophy Club is hereby directed to
engross and enroll this Ordinance by copying the exact Caption and Effective
Date clause in the minutes of the Town Council of the Town of Trophy Club and
by filing this Ordinance in the Ordinance records of the Town and by amending
the Code of Ordinances to reflect the changes adopted herein by Council.
SECTION 6.
EFFECTIVE DATE
This Ordinance shall take effect from and after its date of passage in
accordance with law, and it is so ordained.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas, this the 21 sc day of August, 2006.
ATTEST:
Town Secretary
Town of Trophy Club, Texas
[SEAL]
APPROVED AS TO FORM:
Mayor
Town of Trophy Club, Texas
T
Town Attorney
Town of Trophy Club, Texas