INFORMATION MANAGEMENT.

Austin City Code tit. 2, ch. 2-11

in effect

Austin City Code § 2-11-1 DEFINITIONS.

§ 2-11-1 - DEFINITIONS. (A) Except as provided in Subsection (B), words and phrases in this chapter have the same meaning they have in the Local Government Records Act. (B) In this chapter: (1) CITY ARCHIVIST means the manager of the Austin History Center of the Austin Public Library acting under the direction and supervision of the director of the Library Department, or the equivalent position as may be established in the Library Department. (2) COMMISSION means director and librarian of the Texas State Library and Archives Commission. (3) CUSTODIAN, in this chapter, means the department that creates or receives a record, information, or data in the course of the department's business function and is responsible for that record, information, or data. (4) DEPARTMENT means a City department, or the functional equivalent. (5) DEPARTMENT DIRECTOR means the officer or employee who is in charge of a department. (6) DIGITAL, when used in reference to information, means the information is maintained in an electronic data format that requires an electronic device to create, store, access, retrieve, or read the information. (7) EMPLOYEE means a person employed by the City. (8) END USER means any individual, including an elected official, board and commission member, applicant, employee, contractor, vendor, volunteer, or temporary employee who is granted access to City information or systems. (9) INFORMATION MANAGEMENT means the administration of information and data, its use and transmission, and the application of theories and techniques of information science to create, modify, or improve information and data handling systems. (10) INFORMATION SECURITY means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide integrity, confidentiality, and availability. (11) INFORMATION SECURITY AUDIT means the independent review and examination of a system's records or information and activities to determine the adequacy of system controls, ensure compliance with established security policy and procedures, detect breaches in security services, and recommend any changes that are indicated for countermeasures. (12) LOCAL GOVERNMENT RECORDS ACT means Title 6 (Records), Subtitle C (Records Provisions Applying to More Than One Type of Local Government), of the Texas Local Government Code, and includes the rules adopted by the commission under the Local Government Records Act. (13) OFFICIAL means the mayor, a member of the city council, a municipal court judge (including a substitute judge), and a person appointed by the mayor or the city council to a City board, task force, or other City body. (14) PHYSICAL, when used in reference to a record, means that the record is maintained in a tangible form, such as paper, photographic film, analog tape, or a similar medium. (15) RECORD means a local government record of the City, and includes a digital record and a physical record. (16) RECORDS CONTROL SCHEDULE means the document prepared by, or under the authority of, the city clerk listing the records maintained by the City, their retention periods, and records disposition information necessary to administer the information management program. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 2, 9-30-19.

Austin City Code § 2-11-2 PURPOSE; APPLICABILITY; COMPLIANCE.

§ 2-11-2 - PURPOSE; APPLICABILITY; COMPLIANCE. (A) This chapter implements the Local Government Records Act. (B) This chapter, the information management program, and the records control schedule apply to all information in whatever form the information exists. (C) This chapter is cumulative of the Local Government Records Act. (D) Each City official and City employee shall comply with the information management program adopted under this chapter. The information management program is cumulative of this chapter and the Local Government Records Act. (E) A person does not comply with the information management program unless the person complies with this chapter and the Local Government Records Act. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 3, 9-30-19.

Austin City Code § 2-11-3 RECORDS MANAGEMENT OFFICER.

§ 2-11-3 - RECORDS MANAGEMENT OFFICER. (A) The city clerk is the records management officer under Local Government Code Section 203.025 (Designation of Records Management Officer) for the City, and shall: (1) develop, implement, and administer a City-wide information management program that complies with the Local Government Records Act; (2) coordinate, and to the extent practicable, standardize information management practices among departments; (3) serve on each director-level technology governance or oversight committee established by a City department; (4) maintain the records control schedule and approve changes to the records control schedule at intervals set by the information management program; (5) report annually to the council and the city manager on the implementation of the information management program in each City department; (6) report to the city manager noncompliance with the information management program by a department director, City employee, or City contractor; (7) report to the council noncompliance with the information management program by a City official; (8) appoint a city records and information management officer to implement this chapter, subject to the direction of the city clerk; (9) provide storage, retrieval, and destruction services of physical records no longer required to be kept in active office space and transferred to the records center; (10) provide support for City-wide document and imaging management systems and services designed to manage digital information; (11) develop a preservation program for the preservation and access to long-term and permanent information in cooperation with the Austin History Center; (12) provide consulting services and training to departments and employees on the information management program, information technology requirements, and other subjects supporting information management; (13) assist department information administrators to identify essential information and establish a disaster recovery plan for information. (B) Subject to the direction of the city clerk, the city records and information management officer may perform a duty assigned by this chapter to the city clerk. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 4, 9-30-19.

Austin City Code § 2-11-4 INFORMATION GOVERNANCE COMMITTEE.

§ 2-11-4 - INFORMATION GOVERNANCE COMMITTEE. (A) The members of the information governance committee are: (1) the city clerk; (2) the city manager; (3) the city records and information management officer; (4) the city archivist; (5) the city chief information security officer; (6) the city attorney; (7) the director of the Human Resources Department; (8) the director of the Communications and Technology Management Department; (9) the controller; (10) the purchasing officer; (11) a departmental information administrator, appointed by the city manager, from an enterprise-fund department; and (12) a departmental information administrator, appointed by the city manager, from a general-fund department. (B) The city clerk is the chair of the information governance committee. (C) The city records and information management officer is a non-voting member and the secretary for the information governance committee. (D) The information governance committee shall: (1) assist the city clerk and the chief information security officer in the development, implementation, and management of information governance policies, procedures, and best practices; (2) to the extent practicable promote standard information governance practices among departments; (3) annually review City policies related to compliance with applicable law regarding the creation, storage, retention, destruction, disposition, information security, and accessibility of City information; (4) adopt necessary changes and improvements to City policies related to information governance that are not inconsistent with this chapter; (5) review each change to the records control schedule submitted by the city clerk; (6) recommend to the council amendments to this chapter as required; and (7) support and promote information governance within the City. (E) The city clerk shall convene the committee at least twice each fiscal year. An action of the committee requires a majority vote of the committee members present. (F) The information governance committee is neither a governing body nor a City board, and is not subject to Chapter 2-1 (City Boards). Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 5, 9-30-19.

Austin City Code § 2-11-5 INFORMATION MANAGEMENT PROGRAM.

§ 2-11-5 - INFORMATION MANAGEMENT PROGRAM. The information management program must: (1) comply with the Local Government Records Act; (2) to the extent practicable, standardize records management practices among City departments; (3) in cooperation with the information governance committee, establish guidelines for the implementation of the records control schedule; (4) establish training requirements for department information administrators and department information management team members; (5) establish guidelines for City information technology systems and services to ensure that the systems and services create, store, manage, protect, preserve, dispose of, and provide access to records and information in compliance with the information management program; (6) establish guidelines for the transfer of records and information when a function is transferred from one department to another department; (7) establish guidelines for the destruction of records and information, including the information that must be maintained in a destruction log; (8) establish procedures for the suspension of destruction of records or information as allowed by Section 2-11-10 (Destruction or Disposition of Records or Information); (9) improve the efficiency of information management; (10) enable the city clerk to perform the duties prescribed by this chapter; (11) establish guidelines and eligibility criteria for transferring records to microfilm, or to an electronic or digital format, including guidelines for the disposition of records that have been transferred; (12) establish guidelines to ensure adequate protection of the essential records and information of the City, including a disaster recovery plan for records and information; (13) regulate the operations and use of the records center serving as the depository of inactive physical records with continuing value to the City, except records that have been transferred to the Austin History Center for preservation as historical records; and (14) establish guidelines to ensure the preservation of long-term or permanent physical and digital records of the City in cooperation with the Austin History Center. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 6, 9-30-19.

Austin City Code § 2-11-6 DUTIES OF A COUNCIL OFFICE - INFORMATION MANAGEMENT.

§ 2-11-6 - DUTIES OF A COUNCIL OFFICE - INFORMATION MANAGEMENT. (A) A council member shall maintain information created or received by the council office in compliance with the information management program. (B) A council member may designate the city clerk as information administrator for the council member's office. (C) Unless the city clerk is the information administrator for a council office, the council member must perform the duties of the information administrator as if the council office were a department, or appoint an employee of the council office to assume those duties. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 7, 9-30-19.

Austin City Code § 2-11-7 DUTIES OF DEPARTMENT DIRECTORS - INFORMATION MANAGEMENT.

§ 2-11-7 - DUTIES OF DEPARTMENT DIRECTORS - INFORMATION MANAGEMENT. (A) Each department director shall cooperate with the city clerk to implement this chapter. A department director may not refuse to comply with the requirements of this chapter. (B) Each department director shall: (1) document the services, programs, and duties that are the responsibilities of the director's department; (2) maintain the department's records and information in accordance with the information management program; (3) include information management requirements in department policies and procedures; and (4) ensure that the department's information administrator and information management team have sufficient time and resources to implement the information management program. (C) Each department director shall appoint a senior level manager as the department's information administrator to oversee the implementation of the information management program in the department, and shall allocate resources to implement the program in the department. A department director may serve as the department's information administrator. Each department director shall notify the city clerk in writing of the appointment of the department's information administrator. (D) Each department director whose department has more than one division or more than one physical location shall ensure that each division and location has an employee responsible for the implementation of the information management program in that division or location. The department director shall notify the city clerk in writing of the appointment of each responsible employee under this subsection. (E) Each department director is responsible for compliance with this chapter for information created by a City board, commission, task force, or similar entity for which the department provides support. (F) A department director, official, or the official or employee in charge of an inter-departmental working group or committee, must consult the city clerk or the city records and information management officer before recommending or implementing a change to information management or information technology that is reasonably likely to affect: (1) compliance with the information management program; or (2) the City's processes or capabilities relating to the creation, storage, retention, destruction, disposition, security, or accessibility of information. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 8, 9-30-19.

Austin City Code § 2-11-8 DUTIES OF A DEPARTMENT INFORMATION ADMINISTRATOR.

§ 2-11-8 - DUTIES OF A DEPARTMENT INFORMATION ADMINISTRATOR. (A) Each department information administrator shall: (1) cooperate with the city clerk to implement the information management program in the department; (2) distribute information about the information management program to department employees; (3) ensure that the creation, storage, retention, destruction, disposition, security, and accessibility of the department's information are in compliance with the department's information management program; (4) implement the records control schedule to ensure that records or information are retained and disposed of in accordance with the records control schedule; (5) transfer a physical record that is no longer required for the conduct of department business to the records center; (6) identify essential information of the department and establish, implement, and maintain a disaster recovery plan; (7) review the records control schedule at intervals set by the city clerk to determine if the schedule reflects current department practices and complies with the information management program; (8) review each new information technology system or system enhancement to ensure that the new system or system enhancement addresses and complies with the information management program; (9) assist the city clerk in producing an annual report to the city manager on the implementation of the information management program in the department; (10) notify the city clerk within 24 hours of the discovery of any loss, theft, or damage to a department record or information. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 9, 9-30-19.

Austin City Code § 2-11-9 THE DEPARTMENT INFORMATION MANAGEMENT TEAM.

§ 2-11-9 - THE DEPARTMENT INFORMATION MANAGEMENT TEAM. (A) Each department shall have an information management team consisting of: (1) the department's information administrator, who is the chair of the team; (2) the city clerk's staff assigned to work with the department; and (3) for a department that has more than one division or physical location: (a) at least one employee, designated by the director, who is responsible for information management in a division in the department; and (b) at least one employee, designated by the director, who is responsible for information management in a location of the department. (B) The information management team shall: (1) meet at intervals set by the information management program; (2) invite to each meeting the city clerk's staff assigned to work with the department; (3) review the records control schedule and department information management practices at intervals set by the city clerk to determine if the schedule and practices comply with the information management program, and implement corrective action for program compliance; (4) complete reports required by the city clerk; and (5) complete training required by the information management program. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 10, 9-30-19.

Austin City Code § 2-11-10 RECORDS CONTROL SCHEDULE.

§ 2-11-10 - RECORDS CONTROL SCHEDULE. (A) The city clerk, in cooperation with each department director, shall prepare a records control schedule for each department that lists each record created or received by the department, the retention period for each type of record, and any other information needed to implement the information management program. (B) The length of a retention period, or a change in the length of a retention period, shall be determined by the city clerk after consultation with the information governance committee. After considering any comments made by the information governance committee the city clerk shall adopt each control schedule and each change to a control schedule. (C) The city clerk shall submit a records control schedule to the commission as required by the commission. (D) The record control schedule maintained by the city clerk is the City's official control schedule, with which every department must comply. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 11, 9-30-19.

Austin City Code § 2-11-11 DESTRUCTION OR DISPOSITION OF RECORDS OR INFORMATION.

§ 2-11-11 - DESTRUCTION OR DISPOSITION OF RECORDS OR INFORMATION. (A) When the retention period for a record or information has expired, the information administrator shall approve the destruction of the record or information unless: (1) a request for the record or information under Chapter 552 (Public Information Act) of the Government Code is pending; (2) the city attorney determines that the subject matter of the record or information is related to pending or anticipated litigation, or to an ongoing legal matter; (3) the subject matter of the record or information is related to an ongoing audit, or an ongoing review by a governmental regulatory agency; (4) a department director or information administrator requests the city clerk in writing, and states the reason, that the record or information be permitted to be retained for an additional period, and the request is approved in writing by the city clerk; (5) the city archivist determines that the record or information is of historical value. (B) The information administrator of each department shall record the destruction of records or information carried out under this chapter or another law and maintain a destruction log. (C) The city clerk may destroy a record or information that is obsolete or that is not identified on the record control schedule if: (1) the destruction of the record or information has been approved by the records management committee; and (2) the commission has approved a request for authorization to destroy the record or information. (D) A record or information approved for destruction under this chapter and state law may be destroyed by: (1) the information administrator of the department that has custody of the record; or (2) the city clerk. (E) Before an official or employee may destroy the original or source document of a record that has been transferred to microfilm or to an electronic or digital format, the employee or official must obtain written authorization from the city clerk. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 12, 9-30-19.

Austin City Code § 2-11-12 RECORDS CENTER.

§ 2-11-12 - RECORDS CENTER. (A) The city clerk shall maintain a records center that provides: (1) storage of physical records no longer required to be kept in active office space; (2) an information retrieval service for the benefit of City offices; and (3) a method for destruction of a physical record in storage whose retention period has expired. (B) If a physical record is no longer required in the conduct of current business the departmental information administrator shall promptly transfer the record to the records center, or if the retention period has expired, destroy the record as provided by this chapter. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 13, 9-30-19.

Austin City Code § 2-11-13 MANAGEMENT OF DIGITAL RECORDS.

§ 2-11-13 - MANAGEMENT OF DIGITAL RECORDS. (A) The creation, maintenance, preservation, and storage of a digital record, including the conversion of a physical record to a digital record, must comply with the information management program. (B) The city clerk shall review a department or inter-departmental plan to acquire or implement an information technology system or service that creates, stores, manages, protects, preserves, destroys, or provides access to digital records. If the system or service is inconsistent with the information management program the city clerk shall report the inconsistency to the appropriate director and the city manager. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 14, 9-30-19.

Austin City Code § 2-11-14 RECORDS OR INFORMATION WITH HISTORICAL VALUE.

§ 2-11-14 - RECORDS OR INFORMATION WITH HISTORICAL VALUE. (A) An information administrator, the city archivist, and the city clerk may agree to transfer custody of a record or information that has historical value to the Austin History Center. If a City record or information is transferred to the custody of the Austin History Center, ownership of the record or information remains with the City. (B) The Austin History Center is the custodian of a record or information belonging to a discontinued department that does not have a named successor. (C) The director of the Library Department shall establish guidelines for the preservation of records or information that are of historic value. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 15, 9-30-19.

Austin City Code § 2-11-15 OWNERSHIP OF CITY INFORMATION.

§ 2-11-15 - OWNERSHIP OF CITY INFORMATION. (A) Information is the sole property of the City. An official or employee has no personal property right to information. (B) An official or employee may not: (1) destroy, remove, or use information except in the course of the official's or the employee's official duties; or, (2) sell, loan, give away, destroy, or otherwise alienate information from the City's custody except in compliance with this chapter or state or federal law. (C) The City may demand and receive from a person City information in the person's possession, if the removal of the information was not authorized by law. (D) A City official or employee shall, at the expiration of the official's or employee's term, appointment, or employment, deliver to the City all information in the official's or employee's possession. (E) Information received or created by a City contractor in fulfillment of the contract, except information specifically relating only to the contractor's internal administration, is the property of the City. The contractor may not dispose of or destroy information that is City property, and shall: (1) maintain the information within compliance with this chapter; and (2) deliver the information, in all requested formats and media, along with all finding aids and metadata, to the City at no cost: (a) when requested by a director or an authorized City employee; and (b) when the contract is completed or terminated. Source: Ord. No. 20141120-015, Pt. 1, 12-1-14; Ord. No. 20190919-017, Pt. 16, 9-30-19.

Austin City Code § 2-11-16 INFORMATION SECURITY PROGRAM.

§ 2-11-16 - INFORMATION SECURITY PROGRAM. (A) The citywide information security program is created. (B) The chief information security officer, or staff designated by the city manager, leads the citywide information security program. (C) Each city official and employee shall comply with the information security requirements defined in and subsequent to this chapter. (D) The information security program shall: (1) perform information security duties; (2) establish and maintain a citywide information security program and information security architecture; (3) provide leadership, strategic direction, and coordination for the citywide information security program, including the adoption, development, and management of relevant policies, programs, and associated requirements; (4) include the following elements: (a) a citywide information security risk management function; (b) a citywide information security assessment and authorization function; (c) a citywide internal information security audit function; and (d) a citywide information security operations function, including information security incident response. (5) establish and maintain an information security governance process; (6) provide confidential reports and confidential briefings to city council as authorized by law; and (7) advise city departments, city management, and city council on information security matters. (E) The chief information security officer shall: (1) possess professional qualifications, including training and experience, required to administer the functions described under this section; and (2) maintain an industry-recognized, product-neutral certification with an ethical behavior clause, in information security, information privacy, or information risk for the entirety of employment in the position. (F) The chief information security officer and information security program staff shall have direct access as permitted by law, and other regulations as appropriate, to employees, information, and systems necessary to carry out the responsibilities defined in this section. Source: Ord. No. 20190919-017, Pt. 17, 9-30-19; Ord. No. 20250813-027, Pt. 2, 8-25-25.

Austin City Code § 2-11-17 DUTIES OF DEPARTMENT DIRECTORS - INFORMATION SECURITY.

§ 2-11-17 - DUTIES OF DEPARTMENT DIRECTORS - INFORMATION SECURITY. (A) Each department director must: (1) require the implementation of the information security program and all subsequent information security requirements within their department; and (2) include an information security resource expenditure allocation for each information resource, system, and IT related agreement, purchase, and project prior to acquiring the item. Source: Ord. No. 20190919-017, Pt. 18, 9-30-19.

Austin City Code § 2-11-18 DUTIES OF END USERS - INFORMATION SECURITY.

§ 2-11-18 - DUTIES OF END USERS - INFORMATION SECURITY. Each end user shall comply with the information security program and all subsequent information security requirements. Source: Ord. No. 20190919-017, Pt. 19, 9-30-19.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT2AD_CH2-11INMAFetched: 10/27/2026