DRCJf-ft P.10. "~'1 9 E'
(~F~F'F20VFd_ OF F<ERR C~!UNTY FfE.GC7RDS I~IANRC~EME.N\I\
I'Ri7C3RRM nrar7 t~Ul'HigI;ILGI\IC7N UF= \I\HI CClC1hJl'Y
JUI)GE:S Sl:[~NR\I`UF"tF
Cin tl-ris the i3th dt:~y o4- Iapril. 1.`i9; !:pon motion made by
Commissi.nner- Flol.ekamp, seconded by Commis=sinner Lehman, the
C:o~\rr-t unanimously approved by a vote of 4-0-0, to :ahprov;= +he
I:err County Records I'~anagement, program as presented to the
Co~..irt by 1\ommy -Com].i.nson, CJo~_mty R~.!di.tcn"• and autF~or i.-ve the
signattar,;zs nn said do~::::~.unen't.
COMMISSIONERS' COURT AGENDA REQUEST
*PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND
DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: ommv Toml incnn
MEETING DATE: April 13, 1993
OFFICE: County Auditor
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC) consider accepting and
signing the Kerr County Records Management Program.
EXECUTIVE SESSION REQUESTED: YES NO
PLEASE STATE REASON FOR EXECUTIVE SESSION
ESTIMATED LENGTH OF PRESENTATION:
PERSONNEL MATTER - NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: county Auditor t
Time for submitting this request for Court to assure that the matter is posted in accordance
with Article 6252-17 is as follows:
* Meetings held on Monday: 12:00 P.M. previous Wednesday
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON
All Agenda Requests will be screened by the County Judge's Office to determine if
adequate Information has been prepared for the Court's formal consideration and action
at time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity. See Agenda Request
Guidelines.
KERR COUNTY
RECORDS MANAGEMENT PROGRAM
WHEREAS, Title 6, Subtitle C, Local Government Code (Local Government Records Act) provides that a
County Government must establish by Order an active and continuing records management program to
be administered by a Records Management Officer; and
WHEREAS, Kerr County desires to adopt an Order for that purpose and to prescribe policies and
procedures consistent with the Local Government Records Act and in the interests of cost-effective and
efficient recordkeeping; NOW THEREFORE:
BE IT ORDAINED BY
KERB COUNTY
SECTION 1. DEFINITION OF COUNTY RECORDS. 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 Kerr County
or any of its officers or employees pursuant to law or in the transaction of public business are hereby
declared to be the records of the County and shall be created, maintained, and disposed of in accordance
with the provisions of this Order or procedures authorized by it and in no other manner.
SECTION 2. ADDITIONAL DEFINITIONS. (1) "Department head" means the officer who by
ordinance, order, or administrative policy is in charge of an office of the County that creates or
receives records.
(2) "Essential record" means any record of the County necessary to the resumption or
continuation of operations of the County in an emergency or disaster, to the re-creation o f the legal and
financial status of the County, or to the protection and fulfillment of obligations to the people of the
state.
(3) "Permanent record" means any record of the County for which the retention period on a
records control schedule is given as permanent.
(4) "Records control schedule" means a document prepared by or under the authority of the
Records Management Officer listing the records maintained by the County, their retention periods, and
other records disposition information that the records management program may require.
(5) "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.
(6)
(~)
Order.
(8)
(9)
"Records liaison officers" means the persons designated under Section 10 of this Order.
"Records management committee" means the committee established in Section 6 of this
"Records management officer" means the person designated in Section 5 of this Order.
"Records management plan" means the plan devebped under Section 7 of this Order.
(1 0) "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.
SECTION 3. KERB COUNTY RECORDS DECLARED PUBLIC PROPERTY. All Kerr County's
records as defined in Section 1 of this ordinance are hereby declared to be the property of the County.
No County 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.
SECTION 4. POLICY. It is hereby declared to be the policy of Kerr County to provide for efficient,
economical, and effective controls over the creation, distribution, organization, maintenance, use, and
disposition of all County 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.
SECTION 5. DESIGNATION OF RECORDS MANAGEMENT OFFICER. The County shall designate
an individual, employed by the County, to serve as Records Management Officer of Kerr County. In the
event of the resignation, retirement, dismissal, or removal by action of the County of the individual so
designated, the County shall promptly designate another individual to serve as Records Management
Officer. The individual designated as Records Management Officer shall file his or her name with the
director and librarian of the Texas State Library within thirty days of the date of designation, as
provided by state law.
SECTION 6. ESTABLISHMENT OF RECORDS MANAGEMENT COMMITTEE; DUTIES. A Records
Management Committee consisting of the Assistant County Attorney, Auditor, District Clerk and County
Clerk is hereby established. 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 Kerr County
SECTION 7. 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 Kerr County for submission to the County. 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 County, and to properly preserve those
records of the County that are of historical value. The plan must be designed to enable the Records
Management Officer to carry out his or her duties prescribed by state law and this Order effectively.
(b) Once approved by Kerr County the records management plan shall be binding on all
offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar
entities of the County 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 in the department head's care
2
from the application of this Order 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
Kerr County.
SECTION S. DUTIES OF RECORDS MANAGEMENT OFFICER. In addition to other duties assigned
in this Order, 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 County office and department to ensure maximum availability of the records in order to
re-establish operations quickly and with minimum disruption and expense;
(4) develop procedures to ensure the permanent preservation of the historically valuable
records of Kerr County.
(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 Kerr County;
(7) provide records management advice and assistance to all County departments by
preparation of a manual or manuals of procedure and policy and by on-site consultation;
(8) monitor records retention schedules and administrative rules issued by the Texas State
Library and Archives Commission to determine if the records management program and the County
records control schedules are in compliance with state regulations;
(9) disseminate to Kerr County and department heads information concerning state laws and
administrative rules relating to local government records;
(1 0) instruct Records Liaison Officers and other personnel in policies and procedures of the
records management plan and their duties in the records management program;
(1 1) 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 Order;
(1 2) ensure that the maintenance, preservation, microfilming, destruction, or other
disposition of Kerr County is carried out in accordance with the policies and procedures of the records
management program and the requirements of state law;
(1 3) 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;
(1 4) report annually to the County on the implementation of the records management plan in
each department of Kerr County, including summaries of the statistical and fiscal data compiled under
Subsection (13); and
(1 5) bring to the attention of the County non-compliance by department heads or other county
personnel with the policies and procedures of the records management program or the Local
Government Records Act.
3
SECTION 9. DUTIES AND RESPONSIBILITIES OF DEPARTMENT HEADS. In addition to other
duties assigned in this Order, department heads shall:
(1) cooperate with the Records Management Officer in carrying out the policies and
procedures established in Kerr County for the efficient and economical management of records and in
carrying out the requirements of this Order;
(2) adequately document the transaction of government business and the services, program,
and duties for which the department head and his or her staff are responsible; and
(3) maintain the records in his or her 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 County and the requirements of this Order.
SECTION 10. DESIGNATION OF RECORDS LIAISON OFFICERS. Each department head
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 head shall designate the number of Records
Liaison Officer 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 County 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 or her department.
SECTION 11. DUTIES AND RESPONSIBILITIES OF RECORDS LIAISON OFFICERS. In
addition to other duties assigned in this Order, Records Liaison Officers shalt:
(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.
SECTION 12. RECORDS CONTROL SCHEDULES TO BE DEVELOPED; APPROVAL;
FILING WITH STATE. (a) The Records Management Officer, in cooperation with department
heads 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 County 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 County.
(c) Before its adoption a records control schedule or amended schedule for a department
must be approved by the department head and the members of the Records Management Committee.
(d) Before its adoption a records control schedule must be submitted to and accepted for
filing by the director and librarian as provided by state law. If a schedule is not accepted for filing, the
schedule shall be amended to make it acceptable for filing. The Records Management Officer shall
submit the records control schedules to the director and librarian.
4
SECTION 13. IMPLEMENTATION OF RECORDS CONTROL SCHEDULES; DESTRUCTION
OF RECORDS UNOER SCHEDULE. (a) A records control schedule for a department that has been
approved and adopted under Section 7 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 law suit, or the department head requests in writing to the Records Management
Committee that the record be 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.
SECTION 14. DESTRUCTION OF UNSCHEDULED RECORDS. A record that has not yet been
listed on an approved records control schedule may be destroyed if i!s 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.
SECTION 15. RECORDS CENTER. A records center, developed pursuant to the plan required
by Section 7, 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 devebped under Section 7.
SECTION 16. MICROGRAPHICS. Unless a micrographics program in a department is
specifically exempted by order of the County, 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 County 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 Texas 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 cost-effectiveness,
administrative efficiency, and compliance with commission rules.
W. G.STACY
COUNTYJUDGE
RAY L~ MA
COMMISSIONER PCT. #1
PatFl~f4 K. HOLEKAMP
COMMISSIONER PCT.
BRUCE OEHLER
COMMISSIONER PCT. #4
5
ORDER NO. 20781
CONSIDERATION OF ESTABLISHING OF
RECORD MANAGEtdENT SYSTEM
On this the 10th day of February 1992, upon motion made by Commissioner
Holekamp, seconded by Commissioner Morgan, the Court UNANIMOUSLY APPROVED
BY A VOTE OF 4-0-0, to have Elected Officials be the Records Management
Officer fo r their respective offices as established by law and are
responsible for submitting a records management policy to the Texas State
Library, Appoint County Auditor as Records Management Officer for the
Auditor's Office, Appoint the Assistant Administrator to the Commissioners'
Court as Records Management Officer for the Commissioners Court and
departments directed by the Commissioners Court, and Appoint Assistant
County Attorney, Auditor, District Clerk and County Clerk as a Records
Management Committee to review retention schedules of each Office, Organize
and maintain a records retention center, and assist Records Management
Officers.
h
ORDEF'.NO. 21392
APPROVAL OF KERB COUNTY RECORDS
MANAGEMh39T PROGRAM ANO AUTHORIZATI~I
OF THE COUNTY JUDGE ~ S SIQ~IATVRE
April 13, 1993
Vol T, Page 15