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Item 6M - MemoCITY OF SOUTH LAKE MEMORANDUM April 12, 2022 To: Shana Yelverton, City Manager From: Amy Shelley, City Secretary ITEM 6M Subject: Ordinance No. 1256 2nd Reading, amending Chapter 2, "Administration" Article VII, "Public Records" of the Southlake Code of Ordinances to update and clarify the City's active and continuing records management program. Action Requested: Approve Ordinance No. 1256, 2nd Reading, amending Chapter 2, "Administration" Article VII, "Public Records" of the Southlake Code of Ordinances to update and clarify the City's active and continuing records management program. Background Information: State Law, through the Texas Local Government Records Act, enacted by the State Legislature in 1989 under title H.B. 1285, as amended from time to time, hereafter referred to as the "Act", provides that each governing body in local government shall designate a Records Management Officer on or before June 1, 1990. To comply with the Act, the City Council passed Ordinance No. 497 on March 6, 1990, providing for the establishment of a records management program and named the City Secretary as the Records Manager for the City of Southlake. The Act was amended to permit local governments to file a written declaration that records control schedules have been adopted that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission ("TSLAC") in lieu of developing local schedules for records retention, on or before January 4, 1999. To comply with the new Act requirement, the City Council adopted Resolution No. 98-74 on December 1, 1998, declaring the records retention schedules issued by TSLAC. Providing a solid foundation for a local governments' records management program is the foremost purpose of the records control schedule. Some of the benefits of the records management program are: • Complying with legal requirements. • Destroying records that no longer have value to the government. • Providing legal protection to the government when destroying records. • Retaining records of permanent value. • Providing security for records with confidential or sensitive information. • Efficiently using office space for active records. • Moving inactive records into less expensive storage areas, if possible. • Releasing equipment and reusable media for other productive uses. • Maintaining records in the formats offering optimum cost- effectiveness. It is now the desire to update and consolidate the City's records management policies and procedures consistent with the Local Government Records Act to achieve an efficient recordkeeping program. It has further been determined that Ordinance No. 497 and Resolution No. 98-74 should be repealed and replaced to establish a clear and comprehensive records management program as set forth in Exhibit "A" attached in the proposed ordinance. Financial Considerations: Non -applicable Strategic Link: C5: promote opportunities for partnerships and volunteer involvement Citizen Input/ Board Review: Non -applicable Legal Review: Non -applicable Alternatives: None Supporting Documents: Ordinance No. 497 Resolution No. 98-74 Ordinance No. 1256 Staff Recommendation: Approve Ordinance No. 1256 ORDINANCE NO. 497 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, PROVIDING FOR THE ESTABLISHMENT AND ADMINISTRATION OF A RECORDS MANAGEMENT PROGRAM FOR THE CITY; PROVIDING FOR PURPOSE OF RECORDS MANAGEMENT PROGRAM; AUTHORIZING THE CITY SECRETARY TO ESTABLISH AND ADMINISTER THE RECORDS MANAGE- MENT PROGRAM; PROVIDING RECORDS MANAGEMENT DUTIES FOR THE CITY SECRETARY, CITY COUNCIL, AND CUSTODIANS OF RECORDS; PROVIDING OWNER- SHIP OF MUNICIPAL RECORDS, AND THE RESPONSI- BILITIES OF OFFICERS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR THE DESTRUCTION, OR OTHER DISPOSITION OF ORIGINAL MUNICIPAL PUBLIC RECORDS AND ALL OTHER MUNICIPAL RECORDS; PRO- VIDING A PENALTY CLAUSE; PROVIDING REPEALING AND SEVERABILITY CLAUSES; AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, State Law through the Texas Local Government Records Act, enacted by the State Legislature in 1989 under the title H.B. 1285, as amended from time to time, hereafter referred to as the "Act", provides that each governing body in local government shall designate a Records Management Officer on or before June 1, 1990; and, WHEREAS, the Act requires the governing body of each local government to adopt an ordinance, order or plan as appropriate, establishing a Records Management Program on or before January 1, 1991; and, WHEREAS, the City of Southlake in conformity with said Act desires to establish, promote and support an active and continuing program for the efficient and economical management of all City of Southlake records and cause policies and procedures to be developed for the administration of the program under the direction of the Records Management Officer; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. That the governing body of the City of Southlake, Texas, does hereby establish and adopt a management program for the orderly and efficient retention, retrieval and destruction of the records of the City of Southlake, Texas, as follows: Ordinance No. 497, Creating Records Management page 2 Section 1. Definitions: Local Government Record. Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, 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 local City government officers or any of its officers or employees pursuant to the law, including an ordinance, or in the transaction of public business are hereby declared to be records of the City of Southlake, and shall be created, maintained, and disposed of in accordance with the provisions of this Ordinance and the provisions of the Act. The term does not include: A. Extra identical copies of documents created only for convenience of reference or research by officers or employees of the City of Southlake; B. Notes, journals, diaries, and similar documents created by an officer or employee of Southlake for the employee's personal convenience; C. Blank forms; D. Stocks of publications; E. Library and museum materials acquired solely for the purposes of reference or display; or F. Copies of documents in any media furnished to members of the public to which they are entitled under Article 6252-17a, Vernon's Texas Civil Statutes or other State Law. Commission. The Texas State Library and Archives Commission. Custodian The appointed or elected public officer who by the State Constitution, State Law, ordinance, or administrative policy is in charge of an office that creates or receives local government records. For the purpose of this Ordinance, a custodian is a Department Head, under the administration of the City Manager or the City Council, who is responsible for all records in his/her department. Director and Librarian The executive and administrative officer of the Texas State Library and Archives Commission. Essential Record Any local government record necessary to the resumption or continuation of government operations in an emergency or disaster, to the re-creation of the legal and financial status of the City, or to the protection and fulfillment of obligations to the people of the State. Ordinance No. 497, Creating Records Management page 3 Governing Body The City Council of the City of Southlake. Office Any office, department, division, program, commission, bureau, board, committee, or similar entity of the City of Southlake. Permanent Record government record retention schedule A record of permanent value. Any local for which the retention period on a records issued by the Commission is given as permanent. Record A record of the City of Southlake. Records Control Schedule A document prepared by or under the authority of a Records Management Officer listing the records maintained by the City of Southlake, their retention periods, and other records disposition information that the records management program in Southlake or State Law may require. 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. Records Retention Schedule A document issued by the Commission establishing mandatory retention periods for local government records. Retention Period The minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. Section 2. Establishment and Administration of Southlake Records Management Program That the Office of City Secretary is authorized to establish and administer the Records Management Program for the City of Southlake, Texas, pursuant to legal, fiscal, administrative, and archival requirements and the City Secretary or his/her designee is hereby named Records Management Officer. To this end, the City Secretary will implement, but not be limited to, a program to encompass such areas of records management as are required to Ordinance No. 497, Creating Records Management page 4 preserve and keep in order all books, papers, documents, records and files of the City Council and of the executive departments to achieve the following goals: A. Release space and reduce the need for storage and filing equipment. B. Establish an efficient retrieval operation for both active and inactive municipal records; C. Provide for routine disposition of paperwork; D. Maintain total security over municipal records; E. Communicate the need of an effective Records Management Program; and, F. Secure a central records storage facility which can be operated and maintained by records management staff. Section 3 Purpose of Records Management Program That this Ordinance shall be known and may be cited as the "Records Management Program of the City of Southlake, Texas", providing for the proper and efficient management of the municipal records of the City of Southlake, Texas. Since the citizens of Southlake have a right to expect efficient and cost-effective government and recognizing the importance of local government management of City records is necessary to the effective and economic operation of the City, the preservation of records of permanent value is necessary to provide the people of the State with resources concerning their history and to document their rights of citizenship and property, and the establishment of uniform standards and procedures for the maintenance, preservation, microfilming, or other disposition of City records is necessary to fulfill the higher public purpose. Section 4. City Records Declared Public Propert All City records as defined in Section 1, herein are hereby declared to be property of the City of Southlake, Texas. No City Official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. Ordinance No. 497, Creating Records Management page 5 Section 5. Polic It is hereby declared to be the policy of the City of Southlake 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 from their creation to their ultimate disposition. Section 6 Duties of Records Managment Officer The Records Management Officer shall have the following duties, and others as assigned by the City Council and as provided by State Law: A. Assist in establishing and developing policies and procedures for a Records Management Program for the City, which program shall include basic files management and records disposition policies, systems, standards, and, procedures; B. Administer the Records Management Program and provide assistance to custodians for the purposes of reducing the costs and improving the efficiency of recordkeeping; C. In cooperation with the custodians of the records: a. Prepare and file with the director and librarian before January 2, 1995, the records control schedules and the list of obsolete records, required by the Act; b. Prepare and file with the director and librarian amended schedules as needed to reflect new records created or received by the City. C. Prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by the Act, of requests to destroy the originals of permanent records that have been microfilmed, and of electronic storage authorization requests; D. In cooperation with custodians, identify and take adequate steps to preserve City records that are of permanent value; E. In cooperation with custodians, identify and take adequate steps to protect essential City records; Ordinance No. 497, Creating Records Management page 6 F. In cooperation with custodians, ensure the maintenance, preservation, microfilming, destruction of records is carried out in accordance with the policies and procedures of the City's Records Management Program and requirements of State Law; G. Report annually to the City Council on program effectiveness; H. Provide records management advice and assistance to all City offices and departments, by preparation of manuals of procedure and policies and by on -site consultation; I. Carry out destruction and transfers that are required by records schedules, and carry out microphotography tasks when staff and central facility becomes available; J. Design and manage the operations of a Records Center for the low cost storage of inactive records and as a future site for a centralized micrographics program; K. Develop a Citywide forms design and control system; L. Establish in cooperation with other responsible town 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; M. Bring to the attention of the City Manager any office not in compliance with laws or ordinances regarding public access to information or protection of privacy; N. Disseminate to the City Council and custodians information concerning State Laws, administrative rules, and the policies of the City relating to local government records through a records manual which may be amended from time to time and other means of communication; and, 0. In cooperation with custodians, establish procedures to ensure that the handling of records in any context of the Records Management Program by the Ordinance No. 497, Creating Records Management page 7 Records Management Officer or those under the Officer's authority is carried out with due regard for the duties and responsibilities of custodians that may be imposed by law and the confidentiality of information in records to which access is restricted by law. Section 7. Duties and Responsibilities of City Council The City Council shall: A. Establish, promote, and support an active and continuing program for the efficient and economical management of all City of Southlake records; B. Cause policies and procedures to be developed for the administration of the program under the direction of the Records Management Officer; C. Facilitate the creation and maintenance of City records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the City and designed to furnish the information necessary to protect the legal and financial rights of the City, the State, and affected by the activities of the City government; D. Facilitate the identification and preservation of City Records that are of permanent value; E. Facilitate the identification and protection of essential City records; F. Cooperate with the Commission in its conduct of Statewide records management surveys; and, G. Review of a records control schedule or amended schedule by the officers of the City as it considers necessary. Section 8. Duties and Responsibilities of Custodians Custodians of Records in the City shall: A. Cooperate with the Records Management Officer in carrying out the policies and procedures established Ordinance No. 497, Creating Records Management page 8 by the city for the efficient and economical management of records and in carrying out requirements under the Act; B. Adequately document the transaction of City business and the services, programs, and duties for which the custodian and the custodian's staff are responsible; C. Maintain the records in the custodian's care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the City's Records Management Program and the requirements of the Act and rules adopted thereunder; and D. Designate records officers within their offices and provide the Records Management Officer the names of the designees and all persons working under their supervision, such records officers to report directly to the custodian in their department on matters relating to the Records Management Program and have full access to all files in their respective departments. State law relating to the duties, other responsibilities, or reordering requirements of a custodian of local government records does not exempt the custodian or the records in the custodian's care from the application of this Ordinance and rules adopted by the State under the Local Government Records Act of 1989 and may not be used by the custodian as a basis for refusal to participate in the City of Southlake Records Management Program, the establishment of which is required by State Law. Section 9. Microfilminq of Records For the benefit of this section, "Microfilm" means roll microfilm, microfiche, and all other formats produced by any method of microphotography or other means of miniaturization on film. For the benefit of this section, "Microfilming" means the methods, procedures, and processes used to produce roll microfilm, microfiche, or there microphotographic formats. All microfilming activities by custodians must be carried out on or after April 1, 1990, under rules established by the Commission which rules will establish standards and procedures for the microfilming of City records under Chapter 204, of the Act. All Ordinance No. 497, Creating Records Management page 9 microfilm produced before June 1, 1990, under law prior to the Act is validated to the extent the microfilm was produced in the manner and according to the standards prescribed by prior law. All City of Southlake procedures and materials used for microfilm and microfilming City records shall be done and acquired under the aegis of State Law, and the City will be subject to all the law, rules, standards and procedures as outlined in the Act. Section 10. Electronic Storage of Records For the purpose of this section "electronic storage" means the maintenance of local government record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar machine-readable medium. For the purpose of this section, "source document" means the local government record from which local government record data is obtained for electronic storage. The term does not include backup copies of the data in any media generated from electronic storage. Any City record data may be stored electronically in addition to or instead of source documents in paper or other media, subject to the requirements of the Act and rules adopted under it. The City will be subject to rules established by the Commission for standards and procedures for electronic storage and will be subject to the provisions of Chapter 205 of the Act. Section 2. Upon the adoption of this Ordinance, the City Secretary is directed to file with the director and librarian within thirty (30) days the name and office of the Records Management Officer of the City and a copy of this Ordinance which establishes the Records Management Program of the City of Southlake, Texas. Section 3. Any individual, association or corporation violating any portion or provision of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction therefore, shall be punished by the assessment of a fine not exceeding $500.00, and a separate offense shall be deemed committed upon each day during on or which a violation occurs or continues. Section 4. All ordinances or parts of ordinances in direct conflict herewith are repealed to the extent of conflict only. Section 5. Should any section, subsection, sentence, provision, clause or phrase hereof be held to be invalid, void or unconstitutional, for any reason, such holding shall not render invalid, void, or unconstitutional any other sections, subsection, sentence, provision, clause or phrase of this ordinance, and the same are deemed severable for this purpose. Ordinance No.497 , Creating Records Management page 10 Section 6. This Ordinance shall take effect and on and after approval by the City Council, and upc PASS AND APPROVE'aD NyFIRST READING ON THIS 0 p�.:. L'� fiF .�` ILL a • rb: tom= "'" i �► ' YOR cm � • 0` ATT T L PASSED AND APPROVED ON SECOND READING ON THIS l/AL" p� l l gg0. ov r'c` : OR `'' •�"� ATTE T: 'i''4 •• * •*''* • �`��` CI Y SECRETARY �yllll I N 11111111��1,`` APPROVED AS TO FORM AND LEGALITY: ale e4ev-' City Attorney e� Date: 5- � S" 70 ADOPTED: '�p / 0 EFFECTIVE: be in full force n publication. y4�a _ DAY OF DAY OF LOCAL GOVERNMENT RECORDS ACT TIMETABLE June 1, 1990 - Deadline for designation of a records management officer (RMO) by each local government. Elected county officers are automatically designated RMOs under the Act. June 1, 1990 - Deadline for conforming ongoing microfilming projects with standards and procedures of the Texas State Library and Archives Commission. These standards will be adopted by the commission on or before April 1, 1990. Ne«- programs began after the adoption of standards must conform to the standards from the start. January 1, 1991 - Deadline for adopting written records management plan. Copy to be filed with the director and librarian. January 2, 1995 - Deadline for filing records control schedules for the records of your office. City of Southlake, Texas CITY OF SOUTHLAKE, TEXAS RESOLUTION NO.98-74 A RESOLUTION ADOPTING THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION RECORDS RETENTION SCHEDULES; AUTHORIZING THE RECORDS MANAGEMENT OFFICER TO SIGN THE DECLARATION OF COMPLIANCE; AND DIRECTING THE RECORDS MANAGER TO FILE THE DECLARATION OF COMPLIANCE WITH THE TEXAS STATE LIBRARY. WHEREAS, the Local Government Records Act of 1989, Chapter 203 of the Local Government Code, was amended, to permit local governments to file a written Declaration that records control schedules have been adopted that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission in lieu of developing local schedules for records retention; and, WHEREAS, Section 203.041 of the Local Government Code provides that the declaration of compliance be signed by the records management officer and that the declaration of compliance be filed with the director and librarian of the Texas State Library and Archives Commission; and, WHEREAS, the City of Southlake passed Ordinance No. 497 on March 6, 1990 providing for the establishment of a records management program; and, WHEREAS, the City of Southlake desires to adopt the Texas State Library and Archives Commission schedules and guidelines; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: I. The City of Southlake, Texas, hereby adopts the Texas State Library and Archives Commission schedules for records retention. II. The records manager of the City of Southlake shall complete a Declaration of Compliance with the Records Scheduling Requirement of the Local Government Records Act. The records manager of the City of Southlake shall file, via certified mail return receipt requested, the Declaration of Compliance with the director and librarian of the Texas State Library and Archives Commission, State and Local Records Management Division, Post Office Box 12927, Austin, Texas 78711-2927. IV. It is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public and that public notice of the time, place and purpose of said meeting was given, all as required by law. V. This Resolution shall be effective upon passage. PASSED AND APPROVED THIS THE 1ST DAY OF DECEMBER,1998. Mayor, Rick Stacy City of Southlake, Texas ATTEST: ' leiy� A Sandra L. LeGrand City Secretary APPROVED AS TO FORM AND LEGALITY: L 7a City Attorne M:\WP-FILES SOLUTI\Res-98-74-Record-Retention.doc\sl ORDINANCE NO. 1256 AN ORDINANCE OF CITY OF SOUTHLAKE, TEXAS, AMENDING CHAPTER 2, "ADMINISTRATION," ARTICLE VII, "PUBLIC RECORDS," OF THE SOUTHLAKE CODE OF ORDINANCES TO UPDATE AND CLARIFY THE CITY'S ACTIVE AND CONTINUING RECORDS MANAGEMENT PROGRAM; PROVIDING A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, State Law through the Texas Local Government Records Act, enacted by the State Legislature in 1989 under title H.B. 1285, as amended from time to time, hereafter referred to as the "Act", provides that each governing body in local government shall designate a Records Management Officer on or before June 1, 1990; and, WHEREAS, the Act requires the governing body of each local government to adopt an ordinance, order or plan as appropriate, establishing a Records Management Program on or before January 1, 1991; and, WHEREAS, the Act was amended to permit local governments to file a written declaration that records control schedules have been adopted that comply with the minimum requirements on records retention schedules issued by the Texas State Library and Archives Commission ("TSLAC") in lieu of developing local schedules for records retention; and WHEREAS, the City of Southlake previously adopted an ordinance, and later adopted a resolution, for the purpose of establishing a records management program and adopting the TSLAC schedules and guidelines; and WHEREAS, the City now desires to update and consolidate the City's records management policies and procedures consistent with the Local Government Records Act in order to achieve more cost-effective and efficient recordkeeping; and, WHEREAS, the City Council has further determined that Ordinance No. 497 and Resolution No. 98-74 should be repealed and replaced to establish a clear and comprehensive records management program as set forth in Exhibit "A" attached hereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: SECTION 1. All findings in the preamble are found to be true and correct and the City Council hereby incorporates said findings into the body of this ordinance as if copied in its entirety. SECTION 2. Division 2 of Article VII, "Public Records," of Chapter 2, "Administration," of the Southlake Code of Ordinances is hereby amended to read as follows: "DIVISION 2. — RECORDS MANAGEMENT PROGRAM Sec. 2-305. Records Management Program Adopted. That a certain document, attached hereto as Exhibit A, being marked and designated as the Records Management Program, be and is hereby adopted as the records management program of the City of Southlake. The material contained in Exhibit A, "Records Management Program," shall not be included in the formal municipal codification of ordinances but shall be maintained as a public record in the office of the City Secretary and will be available for public inspection and copying during regular business hours. Sec. 2-306. Records Management Officer. The City Secretary will serve as the Records Management Officer for the City and will develop policies and procedures to ensure that the maintenance, preservation, security, destruction, electronic storage, and other disposition of the records of the City are carried out in accordance with the requirements of the Local Government Records Act. Sec. 2-307. Records Control Schedules. Appropriate records control schedules issued by the Texas State Library and Archives Commission shall be adopted by the Records Management Officer for use in the City. The Records Management Officer shall prepare amendments to the schedules as needed to reflect new records created or received by the City, or revisions to retention periods established in a records retention schedule issued by the Commission. Sec. 2-308-2-325. — Reserved." SECTION 3. Upon adoption of this Ordinance, the City Secretary is directed to file with the director and librarian of the Texas State Library Archives Commission within thirty (30) days the name and office of the Records Management Officer of the City, a copy of this ordinance which establishes the Records Management Program of the City, and a declaration of compliance as required by state law. SECTION 4. Ordinance No. 497 and Resolution No. 98-74 are repealed upon the effective date of this ordinance. Such repeal shall not affect the applicability and/or enforceability of the City's records management program in effect before the effective date of this ordinance. This ordinance shall apply prospectively from the effective date hereof. SECTION 5. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting records management which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 8. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2022. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2022. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: EXHIBIT A RECORDS MANAGEMENT PROGRAM Contents INTRODUCTION.................................................................................................................... 2 DEFINITIONS...................................................................................................................... 2-3 POLICY STATEMENT............................................................................................................ 4 RECORDS MANAGEMENT PROGRAM................................................................................ 4 Objectives........................................................................................................................... 4 Purpose.............................................................................................................................. 4 Authority.............................................................................................................................. 4 RESPONSIBILITIES IN THE RECORDS MANAGEMENT PROGRAM (RMP)....................... 4 Employees/Custodians....................................................................................................... 4 Records Management Officer(RMO)............................................................................... 4-5 Department Directors.......................................................................................................... 5 RecordsLiaisons............................................................................................................. 5-6 MAINTENANCE AND RETENTION OF RECORDS............................................................... 6 DESTRUCTION OR DISPOSITION OF RECORDS............................................................ 6-7 ELECTRONIC RECORDS...................................................................................................... 7 Standards and Procedures.................................................................................................. 7 ElectronicMail (Email)........................................................................................................ 7 ESSENTIAL RECORDS PROGRAM POLICY........................................................................ 7 MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY ................................................... 7 1 INTRODUCTION The Texas Local Government Records Act of 1989 (Title 6, Subtitle C, Local Government Code) requires that each local government, including municipalities, designate a Records Management Officer and establish a Records Management Program by ordinance, order, or resolution. This document must provide methods and procedures to enable the governing body, custodians, and the Records Management Officer to fulfill the duties and responsibilities as described in Local Government Code (LGC) Sections 203.021, 203.022, and 203.023 concerning the management of records. DEFINITIONS TERM DEFINITION Commission The Texas State Library and Archives Commission(TSLAC). Custodian of Records The City Secretary or City employees. Department A City Department, or the functional equivalent that provides specific responsibilities for City operations. Department Director The person who oversees a department. Disaster A sudden event, such as an accident or a natural catastrophe, that causes great damage, loss, or destruction. Disposition The action taken on a record at the end of a retention period. Employee A person employed by the City (full or part time). Essential Record Any City record necessary for the resumption or continuation of City operations in the event of an emergency or disaster, and for the re-creation of the City's legal and financial status, or for the protection and fulfillment of its obligations. Electronic record Any information that is recorded in a form for computer processing and that satisfies the definition of local government record data in the Local Government Code, Section 205.001. Historical Record Records which, depict persons or events which are or have been a part of occasions which significantly affect or have affected the City of Southlake, its functional activities, its heritage, growth and/or development. Librarian The Director/Librarian, Texas State Library and Archives Commission. Local Government Title 6 (Records), Subtitle C (Records provisions applying to Records Act more than one type of local government), of the Texas Local Government Code, and includes the rules adopted by the commission under the Local Government Records Act. Medium The form in which the record is available (e.g., paper, electronic, audio, video, etc.) Official The Mayor, a member of the City Council, a Municipal Court Judge (including a Substitute Judge), and a person appointed by the Mayor or the City Council to a City board, commission, committee, task force, or other City body. 2 Original Official Only copy of a record to which no duplicates exist. Record Permanent Record A City record identified on the records control schedule that has a retention period of permanent. Record All documents, papers, letters, books, maps, photographs, sound or recordings, microfilm, magnetic tape, electronic media, or other information -recording media, regardless of physical form or characteristic, created or received by any of its officers or employees in the transaction of public business. Records Control A document prepared by or under the authority of the RMO Schedule listing the records maintained by the City, their retention periods, and other records disposition information. Records Inventory The process of locating, identifying, and describing in detail the records of a department. Records Liaison Any person(s) assigned this responsibility by the Department Director. Records Providing for efficient, economical, and effective controls over Management the creation, distribution, organization, maintenance, use, disposition, training, and preservation of records. The term includes: a. The development of records retention and disposition schedules. b. The management of manual, micrographic, electronic, and other records storage systems. C. The protection of essential and permanent records. d. The economical and space -saving storage of inactive records. The control over the creation and distribution of forms, reports, and correspondence. Records Manager The position that is subject to the direction of the City (RM) Secretary who performs records management duties. Records The City Secretary of the City of Southlake shall serve at Management Officer the Records Management Officer (RMO) under Local (RMO) Government Code, 203.025. Records The minimum time that must pass after the creation, Management recording, or receipt of a record, or the fulfillment of Program (RMP) certain actions associated with a record, before it is eligible for destruction Retention Period The minimum amount of time required to keep records before eligible for destruction. Texas Open Records The Public Information Act in Chapter 552 of the Texas Act Government Code. Texas State Library An organization that provides an infrastructure for and Archives managing state and local public records. Commission (TSLAC) POLICY STATEMENT It is the policy of the City of Southlake 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 from their creation to their ultimate disposition. This policy shall apply to all employees, agents, contractors, and volunteers of the City. RECORDS MANAGEMENT PROGRAM Objectives ➢ To protect and maintain the records of the City, including essential information in the event of a disaster. ➢ To ensure prompt and accurate retrieval of records regardless of medium. ➢ To ensure compliance with legal and regulatory requirements and to minimize litigation risks. Purpose ➢ To identify all documents, thereby improving efficiency and productivity. ➢ To maintain City records in a manner that reduces operating costs. ➢ To dispose of records in the normal course of business according to records retention schedules. Authority The RMP requirements, policies, and procedures are binding on all City officers, employees, departments, offices, divisions, boards and commissions, task forces, ad hoc committees, and similar entities of the City. RESPONSIBILITIES IN THE RECORDS MANAGEMENT PROGRAM (RMP) EMPLOYEES/CUSTODIANS All City employees (also known as custodians) shall: ➢ Be responsible for properly managing records that were created or received during the course of daily operations for which they serve as the custodian. ➢ Utilize available resources, and coordinate with the Department Records Liaison or the RMO for instructions regarding the proper care of City records. ➢ Notify the RMO immediately should they observe or suspect actual or potential damage to City records ➢ Cooperate with the RMO in carrying out the policies and procedures established by the City for the efficient and economical management of records. ➢ Adequately document the transaction of City business and the services, programs, and duties for which the custodian and the custodian's staff are responsible. RECORDS MANAGEMENT OFFICER (RMO) In addition to other duties assigned by Ordinance or state law, the RMO shall: ➢ Administer the City's RMP and provide advice and assistance to Department Directors and Records Liaisons in its implementation. ➢ Recommend and prepare policies, and procedures for the RMP. ➢ Serve as the City's liaison for the TSLAC Librarian for RMP requirements. ➢ Review and submit for approval of the City Council records retention and disposition schedules for the City. ➢ In cooperation with Department Directors and Records Liaisons, identify essential Il records and ensure availability of those records in order to re-establish operations quickly. ➢ Monitor records retention schedules and administrative rules issued by the TSLAC to ensure the RMP remains compliant with state regulations, and disseminate information concerning state laws and administrative rules related to City records to Department Directors and Records Liaisons. ➢ File a written certification of compliance with the TSLAC Librarian stating that the City has adopted a records retention and disposition schedule, or an amended schedule that meets minimum requirements adopted by the TSLAC, in lieu of filing the records retention and disposition schedule with the Librarian. ➢ File any revisions to the RMP with TSLAC within 30 days after adoption, as required by state law. ➢ Conduct surveys, interviews, and inspect and review departmental records policies, to ensure compliance with the RMP and state law, including Texas Administrative Code Title 13, Section 7.164 (required minimal storage conditions) for permanent records. ➢ Inform the City Manager of noncompliance by Department Directors or other personnel with the requirements, policies, and procedures of the RMP or state law. ➢ Develop procedures to ensure the permanent preservation of the historically valuable records of the City, in coordination with the Records Manager. ➢ Provide the resources necessary for the management of City records to all employees, including uniform standards and efficient controls over the creation, identification, appraisal, maintenance, protection, preservation, transfer, retention, and disposition of City records, and all applicable forms. ➢ Create policies to address records requirements and needs as technology evolves. ➢ Maintain confidentiality of information in records to which access is restricted by law. DEPARTMENT DIRECTOR Every Department Director shall: ➢ Cooperate in conjunction with the RMO in executing the RMP and this Ordinance in a way that is both efficient and economical in the management of records. ➢ Designate a Records Liaison(s) within their offices and provide the RMO the names of such designee(s). Persons designated as Records Liaisons must report directly to the Department Director on matters relating to the RMP and should have full access to all files in their department. If the Records Liaison cannot fulfill duties pertaining to the RMP, the Department Director shall promptly designate another person to fill the vacancy. A Department Director may serve as the Record Liaison for the department. ➢ Document the transaction of government business and the services, programs, and duties for which the Department Director and their staff are responsible. ➢ Maintain the records in their department and be responsible for record(s) transfers and dispositions, and other activities within their areas of responsibility, in coordination with the designated Records Liaison(s), and in accordance with the RMP and this Ordinance. ➢ Be prepared to appear in court in response to the City being served a subpoena regarding records that were created or received by the department for which they are the legal custodian, or to complete an Affidavit of Authenticity to that effect, as applicable. Department Directors may also select a designee for this purpose. RECORDS LIAISONS The Records Liaison(s) in each department is responsible for coordinating with the RMO or Records Manager to ensure that provisions of the RMP are complied with. This responsibility shall include: k, ➢ Promoting the RMP and serve as the primary resource on records information within their department. ➢ Overseeing the application of records schedules within the department and coordinating with the RMO or Records Manager for proper records handling procedures, including the filing and disposition of records, and use of all applicable forms. ➢ Working with the Records Manager in gathering records within their Department for Public Information Requests, litigation, or other requests as warranted, and in accordance with state law. ➢ Informing the RMO if there are space limitations for record storage, or any other record needs. ➢ Duties and responsibilities that may be imposed by law, and to protect the confidentiality of information for records by which access is restricted by law. MAINTENANCE AND RETENTION OF RECORDS All records of the City of Southlake, regardless of format will be maintained, organized, and classified consistent with and according to the retention schedules set forth by TSLAC and adopted by Resolution 98-74. As general guidance, City records must be organized and classified into the standardized system, protected from loss or misclassification through proper handling and secure storage, and efficiently retrieved to meet the City's needs. This will ensure all information is maintained in the same manner and will provide for better sharing of information and less duplication. City records, in paper format, which are scanned electronically, and quality control ensured, may be destroyed physically. The electronic record then becomes the official record. Electronic records are to be stored according to the Records Management Program, state law, and the adopted retention schedules administered by TSLAC. An amendment in the length of a retention period, shall be determined after a consultation with the RMO. Once the amendment is approved, a custom retention schedule for internal use should be filed. When the retention period for a record has expired, the RMO shall approve the destruction of the record unless: ➢ A request for the record under Chapter 552 (Public Information Act) of the Government Code is pending; ➢ The City Attorney determines the subject matter of the record is related to pending or anticipated litigation, or to an ongoing legal matter; ➢ The subject matter of the record is related to an ongoing audit, or an ongoing review by a governmental regulatory agency; ➢ A Department Director or RMO requests in writing to TSLAC the record be permitted to be retained for an additional period; ➢ The RMO determines the record is of historical value. To ensure compliance with the rules established by TSLAC, a City-wide records destruction shall be initiated by the RMO on a bi-annual basis. The Record Liaisons shall provide records to be destroyed to the RMO upon approval of the Department Director. Once approval for destruction has been made of any record that has met n retention, any duplicate of that record should also be destroyed by the department. The RMO shall record the destruction of records and maintain the destruction log. ELECTRONIC RECORDS STANDARDS AND PROCEDURES Employees are encouraged to create and store records electronically to the extent possible, and within the procedures of the RMP. Consult with the RMO or IT to determine if the program or application where City records are created or stored are acceptable for long-term storage needs. Data of permanent value for any City record must be saved on the City's server or other Enterprise Content Management System approved by IT. All employees must adhere to the Policies and Procedures as described in the City's Employee Handbook - Electronic Communication and Internet Use, Section 507. ELECTRONIC MAIL (EMAIL) The retention requirements are the same for emails as paper correspondence. The content of the email will determine the retention period. Refer to the City's official retention schedule to determine what emails (correspondence or information) you need to keep and how long. When an employee leaves, the IT Division secures and archives email records of former employees in accordance with the City's retention schedule. ESSENTIAL RECORDS PROGRAM POLICY Records essential to the survival of the City must be identified for protection from destruction in the event of a disaster as part of the RMP. Each department will determine which records in their area contain essential information needed for continued operations should a disaster occur and by which method those records will be protected, in accordance with the RMP. MUNICIPAL RECORDS DECLARED PUBLIC PROPERTY All City records as defined in this program, are hereby declared to be property of the City of Southlake, Texas. No City Official or employee has by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. N