§ 2-88. Record management program  

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  • Definition of city record(s) (local government record).

    (a) City record(s) (local government record). Pursuant to the Local Government Records Act, a city record (local government record) means all documents, papers, letters, books, maps, photographs, sound or video recordings, 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 the City of Galveston, Texas ("city") or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business.

    (b) The term record or records does NOT include:

    (1) Extra identical copies of documents created only for convenience of reference or research by officers or employees of the city;

    (2) Notes, journals, diaries, and similar documents created by an officer or employee of the city for the officer's or employee's personal convenience;

    (3) Blank forms;

    (4) Stocks of publications;

    (5) Library and museum materials acquired solely for purposes of reference or display;

    (6) Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, "Public Information Act," or other state law;

    (7) Any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by V.T.C.A., Government Code § 2009.054(c) (Confidentiality of certain records and communications), 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; or

    (8) Any other items heretofore or hereafter excepted from the definitions of "records" or the scope of the Local Government Records Act under or pursuant to state law.

    (c) Additional definitions.

    (1) Public information officer shall mean the current person designated by the city manager as the city's designated contact to administer the city website. Pursuant to the Public Information Act, as amended, the chief administrative officer of a governmental body is the officer for public information. For purposes of complying with the Act, the city's "chief administrative officer" is the city manager.

    (2) City records control schedule means a document prepared by or under the authority of the city secretary listing the records maintained by the city, their retention periods, and other records disposition information that the records management program may require.

    (3) Department director (records custodian). Pursuant to the Local Government Records Act, a department director, as classified by the city, is a records "custodian." A records custodian means the officer who by the state constitution, state law, ordinance, or administrative policy is in charge of an office that creates or receives city records.

    (4) Director and librarian means the executive and administrative officer of the Texas State Library and Archives Commission (TSLAC).

    (5) Electronic record means any information that is recorded in a form for computer processing and that satisfies the definition of local government record data in V.T.C.A., Local Government Code § 205.001 or successor statutes.

    (6) Electronic mail message (E-mail) means a record created or received on an electronic mail system including brief notes, more formal or substantive narrative documents, and any attachments which may be transmitted with the message.

    (7) 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.

    (8) Essential record means any city record (local government record) necessary to the resumption or continuation of city 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.

    (9) Local government record data means the information that by law, regulation, rule of court, ordinance, or administrative procedure in a local government comprises a local government record as defined by the Local Government Records Act, V.T.C.A., Local Government Code § 201.003, or successor statutes, and by this article in this section.

    (10) Local Government Records Act means V.T.C.A., Local Government Code tit. 6, subtit. C, chs. 201—205 or successor statutes.

    (11) Permanent record means any city record for which the retention period on a records retention schedule issued by the Texas State Library and Archives Commission (TSLAC) is given as permanent.

    (12) Records center means an off-site records facility under the control of the city secretary. The definition of records center does not include secondary records storage areas.

    (13) Records custodian or custodian means 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 city records (local government records). In the city a "custodian" of records is classified as the department director.

    (14) Records liaison officers mean the persons designated under section 2-91 of this article. Records liaison officers shall be thoroughly familiar with all the records created and maintained by their department. Records liaison officers shall also respond to requests from members of the public for records held by their departments.

    (15) 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 complying with adopted records retention 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.

    (16) Records management policy means the administrative document, outlining the policies and procedures, of the records management program, for all city employees, created by the city secretary and adopted by the city.

    (17) Records management program means the program so developed pursuant to and mandated by the Local Government Records Act. The records management program provides the methods and procedures necessary to enable the governing body, records custodians, records liaison officers and the city secretary to fulfill the duties and responsibilities set out in the Local Government Records Act.

    (18) Records retention schedule means a document issued by the Texas State Library and Archives Commission (TSLAC) under authority of V.T.C.A., Government Code ch. 441, subch. J, and establishing mandatory retention periods for local government records. The records retention schedules can be located in V.T.C.A., Administrative Code tit. 13, pt. 1, ch. 7, subch. D or successor statutes or regulations.

    (19) Retention period means 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.

    (20) 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.

(Ord. No. 12-037, § 2, 7-26-12)