The text
Footnotes:
--- (6) --- Editor's note— See editor's note, art. III.
State Law reference— Preservation and management of local government records, V.T.C.A., Government Code § 441.151 et seq.; Local Government Records Act, V.T.C.A., Local Government Code § 201.001 et seq.; municipal records management, V.T.C.A., Local Government Code § 203.021 et seq.
Sec. 2-106. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Department head means the officer who by ordinance, order, or administrative policy is in charge of an office of the city that creates or receives records.
Director and librarian means the executive and administrative officer of the state library and archives commission.
Essential record means any record of the city necessary to the resumption or continuation of operations of the city in an emergency or disaster, to the recreation of the legal and financial status of the city, or to the protection and fulfillment of obligations to the people of the state.
Permanent record means any record of the city for which the retention period on the records control schedule is given as permanent.
Records control schedule means a document prepared by or under the authority of the records management officer listing the records maintained by the city, their retention periods, and other records disposition information that the records management program may require.
Records liaison officers means the persons designated under section 2-115.
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.
Records management committee means the committee established in section 2-111.
Records management officer means the person designated in section 2-110.
Records management plan means the plan developed under section 2-112.
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.
(Ord. No. 90-1, § 2, 6-12-90)
Cross reference— Definitions generally, § 1-2.
State Law reference— Definitions pertaining to local government records, V.T.C.A., Local Government Code § 201.003, and V.T.C.A., Government Code § 441.151.
Sec. 2-107. - Definition of records of the City of Burnet.#
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 Burnet or any of its officers or employees pursuant to law or in the transaction of public business, are declared to be the records of the City of Burnet and shall be created, maintained, and disposed of in accordance with the provisions of this ordinance or procedures authorized by it and in no other manner.
(Ord. No. 90-1, § 1, 6-12-90; Ord. No. 2026-11, § 1, 4-14-26)
State Law reference— "Local government record" defined, V.T.C.A., Local Government Code § 201.003(8).
Sec. 2-108. - Records declared public property.#
All records as defined in section 2-107 of this plan are declared to be the property of the City of Burnet. No official or employee of the City of Burnet 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.
(Ord. No. 90-1, § 3, 6-12-90; Ord. No. 2026-11, § 2, 4-14-26)
State Law reference— Declaration of local government records as public property, V.T.C.A., Local Government Code § 201.005.
Sec. 2-109. - Policy.#
It is declared to be the policy of the City of Burnet to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all records of this office 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 Local Government Records Act and accepted records management practice. This policy shall apply to all employees, agents, independent contractors, and volunteers of the City of Burnet.
(Ord. No. 90-1, § 4, 6-12-90; Ord. No. 2026-11, § 3, 4-14-26)
State Law reference— Purpose of Local Government Records Act, V.T.C.A., Local Government Code § 201.002.
Sec. 2-110. - Records management officer.#
The city secretary will serve as records management officer for the City of Burnet as provided by law and will develop policies and procedures to ensure that the maintenance, preservation, security, destruction, electronic storage, and other disposition of the records of this office are carried out in accordance with the requirements of the Local Government Records Act.
(Ord. No. 90-1, § 5, 6-12-90; Ord. No. 2026-11, § 4, 4-14-26)
State Law reference— Designation of records management officer, V.T.C.A., Local Government Code § 203.025.
Sec. 2-111. - Establishment of records management committee; duties.#
A records management committee consisting of the city manager, the city secretary and the records management officer if other than the city secretary is hereby established. The committee shall: (1)
Assist the records management officer in the development of policies and procedures governing the records management program;
(2)
Review the performance of the program on a regular basis and propose changes and improvements if needed;
(3)
Review and approve records control schedules submitted by the records management officer;
(4)
Give final approval to the destruction of records in accordance with approved records control schedules; and
(5)
Actively support and promote the records management program throughout the city.
(Ord. No. 90-1, § 6, 6-12-90)
Sec. 2-112. - Records management plan to be developed; approval of plan; authority of plan.#
(a)
The records management committee shall develop a records management plan for the city for submission to the city. 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 city, and to properly preserve those records of the city that are of historical value. The plan must be designed to enable the records management officer to carry out his duties prescribed by state law and this article effectively.
(b)
Once approved by the city, the records management plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the city, and records shall be created, maintained, stored, microfilmed or disposed of in accordance with the plan.
(c)
State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records under the department head's care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the city.
(Ord. No. 90-1, § 7, 6-12-90)
State Law reference— Custodians of records required to participate in records management program, V.T.C.A., Local Government Code § 203.022(b); records management program to be established, V.T.C.A., Local Government Code § 203.026.
Sec. 2-113. - Duties of records management officer.#
In addition to other duties assigned in this article, the records management officer shall: (1)
Administer the records management program and provide assistance to department heads in its implementation;
(2)
Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures;
(3)
In cooperation with department heads, identify essential records and establish a disaster plan for each city office and department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense;
(4)
Develop procedures to ensure the permanent preservation of the historically valuable records of the city;
(5)
Establish standards for filing and storage equipment and for recordkeeping supplies;
(6)
Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the city;
(7)
Provide records management advice and assistance to all city departments by preparation of manuals of procedure and policy and by onsite consultation;
(8)
Monitor records retention schedules and administrative rules issued by the state library and archives commission to determine if the records management program and the city records control schedules are in compliance with state regulations;
(9)
Disseminate to the council and department heads information concerning state laws and administrative rules relating to local government records;
(10)
Instruct records liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records management program;
(11)
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 article;
(12)
Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the city [records] is carried out in accordance with the policies and procedures of the records management program and the requirements of state law;
(13)
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 a result of such disposal or disposition;
(14)
Report annually to the city council on the implementation of the records management plan in each department of the city, including summaries of the statistical and fiscal data compiled under subsection (13) of this section; and
(15)
Bring to the attention of the city council noncompliance by department heads or other city personnel with the policies and procedures of the records management program or the Local Government Records Act (V.T.C.A., Local Government Code ch. 201 et seq., as amended from time to time).
(Ord. No. 90-1, § 8, 6-12-90)
State Law reference— Duties of records management officer, V.T.C.A., Local Government Code § 203.023.
Sec. 2-114. - Duties and responsibilities of department heads.#
In addition to other duties assigned in this article, department heads shall: (1)
Cooperate with the records management officer in carrying out the policies and procedures established in the city for the efficient and economical management of records and in carrying out the requirements of this article;
(2)
Adequately document the transaction of government business and the services, programs, and duties for which the department head and his staff are responsible; and
(3)
Maintain the records in his care and carry out their preservation, microfilming, destruction, or other disposition only in accordance with the policies and procedures of the records management program of the city and the requirements of this article.
(Ord. No. 90-1, § 9, 6-12-90)
Sec. 2-115. - Records liaison officers—Designation.#
Each department head shall designate a member of his 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 head 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 maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a records liaison officer, the department head shall promptly designate another person to fill the vacancy. A department head may serve as records liaison officer for his department.
(Ord. No. 90-1, § 10, 6-12-90)
Sec. 2-116. - Same—Duties and responsibilities.#
In addition to other duties assigned in this article, records liaison officers shall: (1)
Conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedules;
(2)
In cooperation with the records management officer coordinate and implement the policies and procedures of the records management program in their departments; and
(3)
Disseminate information to department staff concerning the records management program.
(Ord. No. 90-1, § 11, 6-12-90)
Sec. 2-117. - Records control schedules.#
Appropriate records control schedules issued by the Texas State Library and Archives Commission, as may be updated from time to time, shall be adopted and implemented by the records management officer for use in the City of Burnet, as provided by law. The records management officer shall ensure that all records are managed in accordance with the most current versions of such schedules, including any new records created or received by the city and any revisions to retention periods established by the commission. Any destruction of records of the City of Burnet will be in accordance with these schedules and the Local Government Records Act.
(Ord. No. 90-1, § 12, 6-12-90; Ord. No. 2026-11, § 5, 4-14-26)
State Law reference— Records control schedules, V.T.C.A., Local Government Code § 203.041 et seq.; records retention schedules, V.T.C.A., Government Code § 441.158.
Sec. 2-118. - Same—Implementation; destruction of records under schedule.#
(a)
A records control schedule for a department that has been approved and adopted under section 2-112 shall be implemented by department heads 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 the department head requests, in writing, to the records management committee that the record is retained for an additional period.
(c)
Prior to the destruction of a record under an approved records control schedule, authorization for the destruction must be obtained by the records management officer from the records management committee.
(Ord. No. 90-1, § 13, 6-12-90)
State Law reference— Retention periods, V.T.C.A., Local Government Code § 203.042.
Sec. 2-119. - Destruction of unscheduled records.#
A record that has not yet been listed on an approved records control schedule must be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule, and the records management officer has submitted to and received back from the director and librarian an approved destruction authorization request.
(Ord. No. 90-1, § 14, 6-12-90)
Sec. 2-120. - Records center.#
A records center, developed pursuant to the plan required by section 2-112, 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 2-112.
(Ord. No. 90-1, § 15, 6-12-90)
Sec. 2-121. - 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 city records, including policies to ensure that all microfilming is done in accordance with standards and procedures for the microfilming of local government records in rules of the state library and archives 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 the cost-effectiveness, administrative efficiency, and compliance with commission rules.
(Ord. No. 90-1, § 16, 6-12-90)
State Law reference— Microfilming of records, V.T.C.A., Local Government Code ch. 204.