19-2861 _ t
ORDINANCE NO. 19-2861
AN ORDINANCE OF THE CITY OF DENTON, REPEALING ORDINANCE NO. 90-197;
ADOPTING AN UPDATED RECORDS MANAGEMENT POLICY ESTABLISHING
AUTHORITY FOR AN ACTIVE AND CONTINUING RECORDS MANAGEMENT
PROGRAM TO BE ADMINISTERED BY THE RECORDS MANAGEMENT OFFICER IN
ACCORDANCE WITH THE REQUIREMENTS OF THE LOCAL GOVERNMENT RECORDS
ACT;PROVIDING FOR SAVINGS AND SEVERABILITY CLAUSES;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on December 18, 1990, the Denton City Council adopted Ordinance 90-197
establishing authority for an active and continuing records management program to be
administered by the Records Management Officer in accordance with the requirements of the
Local Government Records Act; and
WHEREAS, Ordinance 90-197 also adopted the Records Management Policy, which is
now 29 years old; and
WHEREAS, it is the desire of the Denton City Council to make necessary updates to the
Records Management Policy to meet the current operating standards of the City; and
WHEREAS, the updates will continue to comply with Title 6, Subtitle C, of the Local
Government Code,as amended,that requires a municipal government to establish by ordinance an
active and continuing records management program to be administered by a Records Management
Officer; and
WHEREAS, the City Secretary has been designated as the City's Records Management
Officer; and
NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY
ORDAINS:
SECTION 1. Denton City Ordinance No. 90-197 is hereby repealed in its entirety. The effective
date of repeal and replacement is the same as the effective date of this Ordinance.
SECTION 2. The City Council hereby adopts an updated Records Management Policy, a copy
of which is incorporated by reference and attached hereto as Exhibit A.
SECTION 3. Any employee of the City of Denton, Texas who willfully or intentionally violates
any of the requirements of this ordinance shall be subject to disciplinary action, in addition to any
sanction prescribed by State law.
SECTION 4. That if any section or part of any section, paragraph or clause of this Ordinance is
declared invalid or unconstitutional for any reason, such declaration shall not be held to invalidate
or impair the validity, force or effect of any other section or sections,parts of sections, paragraphs
or clauses of this Ordinance.
SECTION 5. To the extent not otherwise provided, this Ordinance shall repeal every prior
ordinance in conflict herewith,but only insofar as the portion of such ordinance shall be in conflict;
and as to all other sections of the ordinance not in direct conflict herewith, this ordinance shall be
and is hereby made cumulative except as to such prior ordinances or portions thereof as are
expressly repealed hereby.
SECTION 6. This Ordinance shall become effective immediately upon its passage and approval.
The motion to approve this Ordinance was made by J7k)r) kyb-)
and seconded
C�by y1rp( -4-i14c (6,pe-rL) ,the Ordinance was passd approved by the
following vote 1-1- - 0 ]:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1: V'
Keely Briggs, District 2: (/'
Jesse Davis, District 3:
John Ryan, District 4: l '
Deb Armintor,At Large Place 5: Is'
Paul Meltzer,At Large Place 6: (/
PASSED AND APPROVED this the /6vt day of &---tivnbe,--, , 2019.
Cr- (1)44
CHRIS WA T , MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY OE001to
4,01 F D 4,4,
BY. gy ' A )c;c•
--...-A- --,..-Za y----- 1
4
rs.
APPROVED AS TO LEGAL FORM: Q '\
AARON LE• L, CITY ATTORNEY E'
/IT:"I lik7
/ fili nit
BY: AN,
RECORDS MANAGEMENT POLICY FOR THE CITY OF DENTON,TEXAS
The City of Denton desires to maintain a records management program consistent with the requirements of
state law, to provide for efficient, economical, and effective controls over the creation, distribution,
organization, maintenance, use, and disposition of all municipal government 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.
Definitions.
A. "Commission" means the Texas State Library and Archives Commission.
B. "Department Director"means the officer who by ordinance,order,or administrative policy is
in charge of an office of the City of Denton that creates or receives records.
C. "Director and Librarian" means the executive and administrative officer of the Texas State
Library and Archives Commission.
D. "Essential Record" means any record of the City of Denton necessary to resumption or
continuation of operations of the City of Denton in an emergency or disaster,to the recreation
of the legal and financial status of the City of Denton, or to the protection and fulfillment of
obligations to the people of the city.
E. "Local Government Records Act" means Tex. Loc. Gov't Code §201.001 et seq. (Vernon
Supp. 1991), as same may be amended from time to time.
F. "Municipal Records" means 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 the City of
Denton or any of its officers or employees pursuant to law or in the transaction of public
business. This term does not include:
1. extra identical copies of documents created only for convenience of reference or research
by officers or employees of the City of Denton;
2. notes,journals, diaries, and similar documents created by an officer or employee of the
City of Denton for the officer's 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;or
6. copies of documents in any media furnished to members of the public to which they are
entitled under the Texas Government Code,Chapter 552(Texas Public Information Act),
or other applicable law.
G. "Permanent Record" means any record of the City of Denton for which the retention period
on a records control schedule is given as permanent.
H. "Records Control Schedule" means a document prepared by or under the authority of the
Records Management Officer listing the records maintained by the City of Denton, their
retention periods, and other records disposition information that the records management
program may require.
I. "Records Liaison Officers" means the persons designated under Section VIII of this policy.
J. "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.
K. "Records Management Committee" means the committee established in Section V of this
policy.
L. "Records Management Officer" means the person designated in Section III of this policy.
M. "Records Management Plan" means the plan developed under Section VI of this policy.
N. "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
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for destruction.
II. Municipal Government Records Declared Public Property.
All municipal records as defined in Section I of this policy are hereby declared to be the property
of the City of Denton. No municipal 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, duplication, removal from files, or use of such records is
prohibited.
III. Designation of Records Management Officer.
The City Secretary, and the successive holders of said office, shall serve as Records Management
Officer for the City of Denton. As provided by state law,each successive holder of the office shall
file his or her name with the Commission within thirty days of the initial designation or of taking
up the office,as applicable.
IV. Duties of Records Management Officer.
In addition to other duties assigned in this policy,the Records Management Officer shall:
A. Administer the records management program and provide assistance to city departments in its
implementation;
B. Plan,formulate,and prescribe records disposition policies,systems,standards,and procedures;
C. In cooperation with department directors,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 operation 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 the feasibility of and,if appropriate,establish a uniform filing system and a forms design
and control system for the City of Denton;
G. 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;
H. Monitor records retention schedules and administrative rules issued by the Commission to
determine if the records management program and the City's records control schedules are in
compliance with state regulations;
I. Disseminate to the City Council and department directors information concerning state laws
and administrative rules relating to local government records;
J. Instruct Records Liaison Officers and other personnel in policies and procedures of the records
management plan and their duties in this records management policy;
K. 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
policy;
L. Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of
the municipal government is carried out in accordance with the policies and procedures of the
records management program and the requirements of state law;
M. Maintain records on the volume of records destroyed under approved 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;
N. Report annually to the City Council on the implementation of the records management plan in
each department of the City of Denton, including summaries of the statistical and fiscal data
compiled under Subsection M hereof; and
O. Bring to the attention of the City Council non-compliance by department directors or other
municipal personnel with the policiesand procedures of the records management program of
the Local Government Records Act.
V. Duties of Records Management Committee.
A Records Management Committee consisting of the following persons, or their designated
representatives,is hereby established: City Manager,City Secretary/Records Management Officer,
City Attorney, and City Auditor. 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 City of Denton.
VI. 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 City of Denton for submission to the City Council. 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 shall
be designed to enable the Records Management Officer to effectively carry out duties
prescribed by state law and this policy.
B. Once approved by the City Council, the records management plan shall be binding on all
offices,departments,division,programs,commissions,bureaus,boards,committees,or similar
entities of the City of Denton and records shall be created, maintained, stored, microfilmed,
and disposed of in accordance with that plan.
C. State law relating to the duties, other responsibilities or recordkeeping requirements of a
department director do not exempt the department director or the records in the department
director's care from the application of this policy and the records management plan adopted
under it and may not be used by the department director as a basis for refusal to participate in
the records management program of the City of Denton.
VII. Duties and Responsibilities of Department Directors.
In addition to other duties assigned in this policy, department directors shall:
A. Cooperate with the Records Management Officer in carrying out the policies and procedures
established in the City of Denton for the efficient and economical management of records and
in carrying out the requirements of this policy;
B. Adequately document the transaction of government business and the services,programs, and
duties for which the department director and his or her staff are responsible;and
C. Maintain the records in his or her care and carryout their preservation,microfilming,scanning,
destruction, or other disposition only in accordance with the policies and procedures of the
records management program of the City of Denton and the requirements of this policy.
VIII. Designation of Records Liaison Officers.
Each department director 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 director 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 City of Denton maintained by the department. In the event of the resignation,
retirement, dismissal, or removal by action of the department director of a person designated as a
Records Liaison Officer,the department director shall promptly designate another person to fill the
vacancy. A department director may serve as Records Liaison Officer for his or her department.
IX. Duties and Responsibilities of Records Liaison Officers.
In addition to other duties assigned in this policy,Records Liaison Officers shall:
A. Conduct or supervise the conduct of inventories of the records of the department in preparation
for the development 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.
X. Departmental Records Control Schedules to be Developed; Approval; Filing with State.
A. The Records Management Officer, in cooperation with department director 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 City of Denton.
C. Before its adoption, a records control schedule or amended schedule for a department must be
reviewed and approved by the department director and forwarded for review and approval by
a majority of the members of the Records Management Committee.
D. In the event a records control schedule for any department seeks to increase or decrease the
retention period as published by the Commission, adoption of the increase or decrease by a
majority of the Records Management Policy Committee and the City Council is required. After
adoption by the City Council, the amended records control schedule shall be submitted to the
Commission for approval. If an amended schedule is not accepted for filing by the
Commission, the schedule shall be amended to make it acceptable for filing with the
E. Commission. The Records Management Officer shall be responsible for filing the records
control schedules with the Commission. Only after the Commission has adopted the City's
amended schedule(s),will the applicable department be allowed to use the amended retentions
schedule.
XI. 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
X shall be implemented by Department Directors 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 audit, or the department director requests in writing to the
Records Management Committee that the record be retained for an additional period,provides
a reason for such a request and identifies the additional time the record should be maintained.
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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 a majority of
the Records Management Committee.
XII. 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
Commission an approved destruction authorization request.
XIII. Records Center.
A records center, developed pursuant to the plan required by Section VI, 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 VI.
XIV. Micrographics.
Unless a micrographics program in a department is specifically exempted by order of the City
Council, all microfilming of records will be centralized and under the direct supervision of the
Records Management 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 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 the Commission rules.
XV. Electronic Storage of Records.
The records management plan will establish policies and procedures for the electronic storage of
municipal records, including policies to ensure that all electronic storage of the City's records is
done in accordance with standards and procedures for the electronic storage of local government
records established under the Local Government Records Act and of the Commission. All
electronic storage of the City's records will be identified to the Records Management Officer and
subject to review by the Records Management Officer for compliance with the established policies
and procedures.