ORDINANCE NO. 2016-67

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COPPERAS COVE, TX AMENDING CHAPTER 2, ARTICLE IV RECORDS MANAGEMENT PROGRAM; PROVIDING FOR REPEALER CLAUSE, SEVERABILITY CLAUSE AND 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 City of Copperas Cove desi res to adopt an ordinance for that purpose and to prescribe policies and procedu res consistent with the Local Government Record s Act and in the interests of cost~effect ive and efficient record keeping;

NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPERAS COVE:

SECTtON 1.

That the City of Copperas Cove Code of Ordinances Chapter 2 (entitled "Administration"), Article IV (entitled "Records Management Program"), Sections 2-71 through Sec. 2-81 are amended by replacing the existing language with the lang uage in italics (italics) as set out below:

Sec. 2-71. Definition of municipal records.

AU documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or oUler information recorrJing media, regardless of physicaf form or Characteristic and regardless of whether public access (0 them is open or restricted under illS laws of the state, creeted or received by the City of Copperas Cove or any of its officers or employees pursuant to law or in the transaction ofpublic business are hereby declared to be t/1e records of the City of Copperas Cove and sha/l be created, maintained, and disposed of in accordance with the provisions of this ordinance or procedures authorized by it and in no other manner.

Sec. 2-72. Additional definitions.

(a) "Deparlment head~ means the officer who by ordinance or adminislralive policy is in charge of an office 01 the City of Copperas Cove that creates or receives records.

(b) "Essential record" means any record of tile City of Copperas Cove necessary fa the resumpfion or continuation of its operations in an emergency or disaster, /0 the re-creation of its legal and financial statlls, or to the protection and fulfillment of obligations to tf1e people of the state.

(c) 'Permanent record" means any record of the City of Copperas Cove for which the retention period on a records control schedule is given as permanent.

(d) "Records control schedule" means a document prepared by or under the authOrity of the Records Management Officer listing the records

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maintained by the City of Copperas Cove, their retention pen'ods, and other records disposition infonnation that the records managemefll ptrYJram may require .

(e) -Records managemenr means tfle application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducmg the costs and improving the efficiency 01 recordkeeping. The lenn includes the development 01 records control schedules, the management of filing and information retrieval systems, the protection 01 essential and permanent records, Ihe economical and space­effective storage of inaclive records. control over the creation and distribution 01 forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems.

(f) "Records management officer" means the person designated in Section 5 of this ordinance.

(9) "Records management plan" means the plan developed under Section 15 ol lhis ordinance.

(h) -Retention period~ means the minimum time thai must pass after the creation, recording, or receipt of 8 record, or the fulfillment of cerlain actions associated with a record, belore if is eligible for destruction.

Sec. 2-73. MuniCipal records declared public property.

All municipal records as defined in Sec. 2-71 Of lhis ordinance are hereby declared to be the propetty of lhe City 01 Copperas Cove. NO municipal otrlCiaf or emplOyee has, by virtue of his or her position, any personal or properly right to such records even though he or she may have developed orcompiled them. The unauthorized destruction, removal from files, or use of such records is prohibited.

Sec. 2-74. Policy.

It is hereby declared 10 be tile policy oI lhe City of Copperas Cove to provide for effiCient. economical, and effective controls over the crealion, distribution, organization, maintenance, use, and disposition of al/ municipal records through a comprehensivo system of integrated procedures for tl leir management from creation to ultimate disposrlion. consistent with the requirements 01 the Texas Local Govemmenl Records Act and accepted records management practice,

Sec. 2-75. Designation of records management officer.

The City Secretary office, and the successive holders of said office, shall seNe as Records Management Officer for the City of Copperas Cove. As provided by state law, each successive holder of the offICe shall file his or Iler name with the director and librarian 01 the Texas State Library within tnirty days of the inilial designation or ol /aking up the office, as applicable .

Sec. 2-76 Establisllment of records management commiltee duties.

A Records Management Commit/ee consisting of the City Manager, City Attorney, City Secretary, Financial Director and a Couneif member is hereby established. The committee shall:

(a) assist the Records Managemel1t Officer inlhe development of policies and procedures goveming the records management program;

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(b) review the performance of the program 01) a regular basis and propose changes and improvements if needed;

(c) review and approve records control SClledulss submitted by the Records Management Officer;

(d) give final approval 10 the destruction of records in accordance witl1 approved records conlrol schedules; and

(e) actively suppon and promote the records management program throughout the City of Copperas Cove.

Sec. 2-77. Records management plan to be developed: approval ofplan; authority ofplan.

(a) The Records Management Officer shall develop a records management plan for the City of Copperas Cove for submission to the City Council. The plan must conlain policies and procedures designed to reduce the costs and improve the effICiency 01 recorclkeeping. 10 adequately protecl the essential records of (he municipality, and 10 properly preSefVfJ those records of the municipality Ihal are of his/oricaf vafve. The plan must be designed to enable tile Records Management Officer 10 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 sllall be binding on af! offices, departments, divisions, programs, commissions, bureaus, boards, commillees, or similar enlifies of the City of Copperas Cove and records shall be creatad, maintained, stored, microfilmed, or disposed of in accordance wilh tile plan.

(c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a depanment head do not exempt the department head or the records in the department head's care from the application of this ordinance and the records management plan adopted under il and may not be used by Ihe deparlment head as a basis for refusal to parlicipate in the records management program of the City of Copperas Cove.

Sec. 2-78. Duties of records management officer.

In additiOn to other dulies assigned in this ordinance, the Records Management Officer shalf:

(a) administer {he records management program and provide assistance to department heads in ils implementation;

(b) plan, formulate, and prescribe records diSPOsition policies, systems, standards, and procedures;

(C) in cooperation with deparlmenl ileads, identify essential records and establish a disaster plan tor 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;

(d) develop procedures to ensure the permanent preservation of the historically valuable records of the city;

(e) establish standards for filing and storage equipment and for recordkeeping supplies;

(f) study Ihe feasibility of and, if appropriate, establisll 8 unifoM filing system and a forms design and control system for the City of Copper8S Cove;

(g) monitor records retention schedules and administrative rules issued by the Texas Slate Library and Archives Commission to determine if /lIe records management program and the municipality's records control schedules are in compliance with slale regUlations;

(h) disseminate to the City Council and deparlmenl heads information concerning state laws and administrative rules relating 10 local government records;

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(ij ensure that the maintenance, preservation, microfilming, destruction, or other dispoSition of the recordS of the City of Copperas Cove ere carried out in accordance with the policies and procedures of the records management program and the requirements of state Jaw: and,

ljJ ma;n'a;n records on 'he volume of records des'royoo under approved records control schedules or through records destruction authorization requests, the vOlume of records microfilmed or stored electronicafly, and the estimated cost and space savings as the result of such disposa! or disposition.

Sec. 2- 79. Duties and responsibilities of depanment heads.

In addition to other duties assigned in this ordinance, deparlment heads shaf/:

(a) cooperate with the Records Management Officer in carrying out the policies and procedures established in the City of Copperas Cove for the efficient and economical management Of records and in carrying out the requirements of this ordinance;

(b) adequately document the transaction of government business and the services, programs, and duties for wllich tile depanment head and his or her staff are responsible; and

(c) maintain the records in his or her care and carry out their preservation, microfilming, destruction. or ol/Ier disposition only in accordance with the policies and procedures of the records management program of the City of Copperas Cove and the requirements of this ordinance.

Sec. 2-80. Records control schedules to be developed; approval; filing with slate.

(a) The Records Management Officer, in cooperation with department heads. shall prepare records control schedules on a department by department basis listing all records series created or received by the depanment end the re tention periOd for each series. 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 Managemenl Officer on a regular basis to ensure that it is in compliance with records re tention schedules issued by the state and thai it contirwes to reflect the recordkeeping procedures and needs of the department and the records management program of the City of Copperas Cove,

(c) Before its adoption a records control schedule or amended schedule for a deparlment milst be approved by the City Manager and the City Council.

(d) Before its adoption a records control schedule must be submitted to and accepted (or filing by the director and librarian as provided by state law. If a sched(lle is not accepted for filing, the schedule shall be amended to make it acceptable for filing. The Records Management Officer shalf submit the records control schedules to the director and librarian.

Sec. 2-81. 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 2-80 shall be implemented by deparlment heads 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 (/1e record, Ihe subject mailer of the record is peninent to a pending law suit,

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or IIle department head requests in writing to the Records Management Officer that the record be retained for an additional period,

(c) Prior to the destruction of a record under an approved records cOllfrol schedule, authorization for the destruction must be obtained by the Records Management Officer from the City of Copperas Cove.

SECTION 2.

That the City of Copperas Cove Code of Ordinances Chapter 2 (entitled" Administration"), Article IV (entitled "Records Management Program"), Sections 2-86 (entitled "Micrographics~) is hereby repealed .

SECTION 3.

That the City of Copperas Cove Code of Ordinances Chapler 2 (entitled "Administration"), Article IV (entitled "Records Management Program"), Sections 2-<l7 through 2-90 are recodified as set out in italics ("italics") below:

Sec, 2-86. - Costs for records requested under Public Information Act.

Sec. 2-87. - Exemptions.

Sec. 2-88. - Costs for copies of public information.

Sec. 2-89. - DepOsit or bond required.

SECTION 4.

That the City of Copperas Cove Code of Ordinances Chapter 2 (entitled "Administration"), Article IV (entitled "Records Management Program"), Sections 2-89 through 2-100 are reserved .

SECTION 5.

That any ordinances or resolutions or part of ordinances or resolutions in conflict with the provision of this Ordinance are hereby (epealed to the extent of such conflict.

SECTION 6.

That should any section, clause. or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this ordinance or any other ordinance of the City as a whole or any part thereof, other than the part so declared to be invalid .

SECTION 7.

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That this Ordinance shall go into effect immediately upon its adoption and approval by City Council.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COPPERAS COVE, TEXAS, this 15'h day of November 2016, such meeting was held with the Open Meetings ACT (Tex. Gov't Code 551 .001, et.seq) , at which meeting a quorum was present and voting.

CITY OF COPPERAS COVE

~f:c< /£~ Fan Seffrood~ or

ATIEST:

APPROVED AS TO FORM :

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