RECORDS MANAGEMENT

Fort Worth City Code ch. 2, art. VIII

in effect

Fort Worth City Code § 2-276 POLICY.

§ 2-276 POLICY. (a) The city recognizes that the citizens of Fort Worth have a right to expect, and the city has an obligation to foster, efficient and cost-effective government and further recognizes the central importance of city records in the lives of its citizens. (b) It is the policy of the city to provide for efficient, economical and effective controls over the creation, distribution, organization, maintenance, use and disposition of all records of the city. This policy will be implemented 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 or any successor statute and accepted records management practice. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-277 SCOPE.

§ 2-277 SCOPE. All city records shall be created, maintained and disposed of in accordance with this article and all policies and procedures established pursuant to this article, and in no other manner. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-278 DEFINITIONS.

§ 2-278 DEFINITIONS. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article and all policies and procedures established pursuant to this article, shall have the meanings hereinafter designated. APPROVED RECORDS CONTROL SCHEDULE. A records control schedule that has been: (a) Reviewed by the department director and the records management policy committee; (b) Adopted by the records management policy committee; and (c) Approved by the director and librarian of the Texas state library. CITY RECORD. Every document, paper, letter, book, map, photograph, sound or video recording, 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 state or federal law, that is created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business. A CITY RECORD does not include extra identical copies of documents created only for convenience of reference or research; notes, journals, diaries and similar documents created for the employee’s personal convenience; library or museum material acquired solely for reference, exhibit or display; or stocks of publications, advertisements or other unsolicited written materials received by the city or any of its officers or employees that does not involve public business. DEPARTMENT. Any department, office, agency, division, program, commission, bureau, board, committee, task force, ad hoc committee or similar entity of the city. DEPARTMENT DIRECTOR. The officer who by Charter, ordinance, order or administrative policy is in charge of a department or an office of the city that creates or receives city records. ESSENTIAL RECORD. Any city record necessary to: (a) The resumption or continuation of operations of the city in an emergency or disaster; (b) The recreation of the legal and financial status of the city; or (c) The protection and fulfillment of obligations to the citizens of the city. HISTORICAL CITY RECORD. Any city record that is adjudged worthy of permanent preservation for reference and research purposes and suitable for deposit in the municipal archive. LOCAL GOVERNMENT RECORDS ACT. Tex. Local Government Code, Title 6, subtitle C, as amended. PERMANENT RECORD. Any city record for which the retention period on a records control schedule is given as permanent. RECORDS CONTROL SCHEDULE. A document prepared by or under the authority of the records management officer that describes recurring records or records series on a continuing basis, indicating for each record or records series: (1) The length of time the record or records series is to be maintained; (2) When and if the record or records series may be destroyed or otherwise disposed of; and (3) Other records disposition information that the records management program may require. RECORDS DISPOSITION. (1) The destruction of a city record that has passed its minimum legal retention period and no longer has value to the city; or (2) Permanent storage of a permanent city record. RECORDS INVENTORY. The process of locating, identifying and describing in detail the records of a department. RECORDS LIAISON OFFICER. Any person designated under § 2-289 of this article. RECORDS MANAGEMENT. The application of management techniques to the creation, use, maintenance, retention, preservation and disposal of city records for the purposes of reducing the costs and improving the efficiency of record keeping. The term includes: (1) The development of records control schedules; (2) The management of filing and information retrieval systems; (3) The protection of essential and permanent records; (4) The economical and space-effective storage of inactive records; (5) The control over the creation and distribution of forms, reports and correspondence; and (6) The management of micrographic, electronic and other records storage systems. RECORDS MANAGEMENT OFFICER. The city employee serving in the position of records manager. RECORDS MANAGEMENT PLAN. The plan developed under § 2-287 of this article. RECORDS MANAGEMENT POLICY COMMITTEE. The committee established under § 2-286 of this article. RETENTION PERIOD. The minimum time that must pass after the creation, recording or receipt of a city record, or after the fulfillment of certain actions associated with a city record, before the record is eligible for destruction. (Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 1, passed 11-19-2002)

Fort Worth City Code § 2-279 RECORDS MANAGEMENT PROGRAM.

§ 2-279 RECORDS MANAGEMENT PROGRAM. (a) There is hereby created a records management program in the city secretary’s office for the purpose of administering an active and continuing city-wide records management program. (b) The records management program will be headed by the records manager, who shall be appointed by and work under the direction of the city secretary. (Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 2, passed 11-19-2002; Ord. 17251, § 1, passed 10-31-2006; Ord. 18157-07-2008, § 1, passed 7-8-2008)

Fort Worth City Code § 2-280 MUNICIPAL ARCHIVE.

§ 2-280 MUNICIPAL ARCHIVE. (a) There is hereby created a municipal archive in the Fort Worth public library for the purposes of housing, arranging, describing, preserving and making available for research the historical city records transferred from city departments. (b) The municipal archive shall be headed by the municipal archivist, who shall be appointed by and work under the supervision of the library director. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-281 CITY RECORDS.

§ 2-281 CITY RECORDS. (a) Every city record is the property of the city. No city officer or employee has, by virtue of his or her position, any personal or property right to a city record even though the city officer or employee may have developed or compiled the record. The unauthorized alteration, destruction, removal from files or use of a city record is prohibited. A city record exempted from public disclosure under state or federal law is not made subject to disclosure by its designation as city property under this section. (b) A city record shall not be sold, loaned, given away, destroyed or otherwise alienated from the city’s custody unless done in accordance with the provisions of this article or unless destroyed as directed by an expunction order issued by a district court pursuant to state law. This section does not apply to a city record that is temporarily transferred to a contractor for purposes of microfilming, duplication, conversion to electronic media, restoration or a similar records management and preservation procedure if the transfer is authorized by the records management officer. (c) Legal custody of a city record created or received by a department during the course of business remains with the department director or with the department director of any designated successor of the department. The legal custodian, as guardian of the record, does not relinquish responsibility for the care, preservation or legal disposition of the record even though physical custody of the record for maintenance and preservation purposes may be held by another department or agency. An original city record may not leave the custody of the department concerned when being used by a member of the public. (d) Every officer or employee shall deliver to any successor all city records pertaining to the office held by the city officer or employee. (e) A city record that has continuing historical value to the city may be transferred to the municipal archive upon agreement between the department director, the records management officer and the municipal archivist. Custody of the record will be known subsequently as archival custody, and ownership of the record remains with the city. (f) The city shall maintain legal and physical custody of all city records belonging to any defunct department that does not have a named successor. (Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 3, passed 11-19-2002)

Fort Worth City Code § 2-282 PROHIBITIONS ON DESTRUCTION OF CITY RECORDS.

§ 2-282 PROHIBITIONS ON DESTRUCTION OF CITY RECORDS. The destruction of a city record involved in a pending request under Tex. Government Code Chapter 552, pending litigation or a pending audit is prohibited, even if the destruction of the record is authorized by an approved records control schedule. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-283 DUTIES OF THE CITY COUNCIL.

§ 2-283 DUTIES OF THE CITY COUNCIL. The city council shall: (a) Establish, promote and support an active and continuing program for the efficient and economical management of all city records; and (b) Be subject to the same duties and responsibilities required of a department by this article, any policy or procedure established under this article, and state law. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-284 DUTIES OF THE CITY MANAGER.

§ 2-284 DUTIES OF THE CITY MANAGER. The city manager shall: (a) Cause policies and procedures to be developed for the administration of the program under the direction of the records management officer; (b) Facilitate the creation and maintenance of city records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures and essential transactions of the city and designed to furnish the information necessary to protect the legal and financial rights of the city, the state and persons affected by the activities of the city; (c) Facilitate the identification and preservation of city records that are of permanent value; and (d) Facilitate the identification and protection of essential records. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-285 RECORDS MANAGEMENT OFFICER.

§ 2-285 RECORDS MANAGEMENT OFFICER. (a) The city council hereby designates the position of records manager to serve as records management officer for the city. (b) When the individual serving as the records management officer changes, that person shall file his or her name with the director and librarian of the Texas state library within 30 days after the date of assuming office. (c) The records management officer shall perform those duties assigned in the policies and procedures established pursuant to this article, all duties established by state law, and shall: (1) Administer the city’s record management program under the direction of the city secretary and provide advice and assistance to department directors in its implementation; (2) Assist and advise the records management policy committee in establishing and developing policies and procedures for the city’s records management program; (3) Prepare and submit for approval records control schedules for all departments in accordance with § 2-289.1 of this article; (4) In cooperation with department directors, identify essential records and establish a disaster and recovery plan for the records of each department to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense; (5) 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 city’s records control schedules are in compliance with state regulations; (6) Disseminate to the city council, the city manager, the department directors and the records management policy committee information concerning state laws and administrative rules relating to city records; (7) Instruct records liaison officers and other personnel in policies and procedures of the records management plan and their duties in the records management program; (8) 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; (9) Ensure that the maintenance, preservation, microfilming, electronic storage, destruction and other disposition of city records is carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (10) Maintain statistics on the volume of city 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; (11) 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 § 2-287 of this article; (12) Bring to the attention of the records management policy committee any noncompliance by a department director or other personnel with the policies and procedures of the records management program or state law; (13) Review and submit departmental requests for authorization for electronic storage of city records to the director and librarian of the Texas state library as required by state law; and (14) Develop procedures to ensure the permanent preservation of the historically valuable records of the city. (Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 4, passed 11-19-2002; Ord. 17251, § 1, passed 10-31-2006; Ord. 18157-07-2008, § 1, passed 7-8-2008)

Fort Worth City Code § 2-286 RECORDS MANAGEMENT POLICY COMMITTEE.

§ 2-286 RECORDS MANAGEMENT POLICY COMMITTEE. (a) The committee shall consist of the city attorney, city auditor, city secretary, director of information technology solutions and risk manager, or their designees. (b) The committee shall select and maintain a chairperson. The chairperson shall be responsible for calling meetings of the committee and presiding over the meetings as needed. (c) The records management officer shall serve as the executive secretary of the committee, coordinate its actions, provide recommended policies and procedures, and assist the committee in carrying out its functions. (d) The committee shall: (1) Establish policies and procedures necessary for the implementation and administration of the city’s records management program; (2) Review the performance of the program on a regular basis and propose changes and improvements if needed; (3) Review, approve and adopt records control schedules submitted by the records management officer; and (4) Actively support and promote the records management program throughout the city. (Ord. 12027, § 1, passed 7-11-1995; Ord. 14934, § 2, passed 1-22-2002; Ord. 15336, § 5, passed 11-19-2002; Ord. 17251, § 1, passed 10-31-2006; Ord. 18157-07-2008, § 1, passed 7-8-2008)

Fort Worth City Code § 2-287 RECORDS MANAGEMENT PLAN.

§ 2-287 RECORDS MANAGEMENT PLAN. (a) The records management officer and the records management policy committee shall develop a city-wide records management plan. The plan shall be designed to enable the records management officer to carry out duties as prescribed by state law and this article. (b) The records management plan shall establish policies, procedures and criteria for: (1) The reduction of costs and improvement of the efficiency of records keeping; (2) The adequate protection of the essential records of the city; (3) The proper preservation of city records that are of historical value; (4) The determination of the eligibility of records for microfilming; (5) The microfilming of city records, including policies to ensure that all microfilming is done in accordance with state law and the standards and procedures for the microfilming of local government records established in rules of the Texas state library and archives commission; (6) The regulation of the operations and use of inactive records storage areas, which shall serve as the depositories of inactive records of continuing value to the city, unless the records have been transferred to the municipal archive for purposes of preservation as historical city records; and (7) The maintenance, preservation and storage of the electronic records of the city, including policies to ensure that all electronic storage of city records is done in accordance with state law. (c) The records management plan shall be binding on all city officers and employees and on all departments, offices, agencies, divisions, programs, commissions, bureaus, boards, committees, task forces, ad hoc committees and similar entities of the city. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-288 DEPARTMENT DIRECTOR DUTIES.

§ 2-288 DEPARTMENT DIRECTOR DUTIES. (a) In addition to other duties assigned in this article and by state law, every department director shall: (1) Cooperate with the records management officer in carrying out the policies and procedures established by the city for the efficient and economical management of city 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 director and department staff are responsible; (3) Maintain city records in the department director’s custody and carry out the preservation, microfilming, electronic storage, destruction and other disposition of those records only in accordance with the policies and procedures of the records management program of the city and the requirements of this article; (4) Review and approve records control schedules and requests to dispose of city records that are prepared and submitted by the records management officer; and (5) Notify the records management officer within 24 hours of the discovery of any loss, theft or damage to a city record. (b) No city ordinance or policy relating to the duties, record keeping requirements or other responsibilities of a department director shall exempt the department director or city records in the department director’s custody from the application of this article and the records management plan adopted under this article, nor shall such a law or policy be used by the department director as a basis for refusing to participate in the records management program of the city. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-289 DEPARTMENTAL RECORDS LIAISON OFFICERS.

§ 2-289 DEPARTMENTAL RECORDS LIAISON OFFICERS. (a) Each department director shall designate in writing to the records management officer a member of the department director’s staff to serve as the records liaison officer for the implementation of the records management program in the department. If the records management officer determines that 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. The department director may serve as records liaison officer for a department. (b) A person designated as a records liaison officer shall be thoroughly familiar with, and have full access to, all city records created and maintained by the department. (c) If a person designated as a records liaison officer resigns, retires or is removed by action of the department director, the department director shall promptly designate another person to fill the vacancy. (d) In addition to other duties assigned in this article or by state law, a records liaison officer shall: (1) In cooperation with the records management officer, coordinate and implement the policies and procedures of the records management program in the department; (2) Disseminate information to department staff concerning the records management program; and (3) In cooperation with the records management officer, coordinate the records inventory of the department. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-289.1 RECORDS CONTROL SCHEDULES.

§ 2-289.1 RECORDS CONTROL SCHEDULES. (a) The records management officer, in cooperation with department directors and records liaison officers, shall prepare records control schedules on a department by department basis that describe and establish the retention periods for all city records created or received by each department. (b) A records control schedule must contain such other information regarding the disposition of city records as the records management plan may require. Every city record identified on a records control schedule, or any amendment to the schedule, or in any request for destruction of a record shall be specifically described. (c) Any records control schedule, amendment to a schedule, or request for destruction of a record that contains general terms such as “miscellaneous” and “various” to describe any record identified in such a document will not be submitted to the records management policy committee for consideration. (d) Each records control schedule shall be monitored and amended as needed by the records management officer on a regular basis to ensure that the schedule is in compliance with records retention schedules issued by the state and that the schedule continues to reflect the record keeping procedures and needs of the department and the records management program of the city. (e) Before its adoption, a records control schedule or amended schedule for a department must be approved by the department director. (f) A records control schedule shall be submitted by the records management officer to, and accepted for filing by, the director and the librarian of the Texas state library, as provided by state law, before the schedule may be implemented. (Ord. 12027, § 1, passed 7-11-1995; Ord. 15336, § 6, passed 11-19-2002)

Fort Worth City Code § 2-289.2 DESTRUCTION OF CITY RECORDS.

§ 2-289.2 DESTRUCTION OF CITY RECORDS. (a) The department director and records liaison officer of a department for which a records control schedule has been approved and adopted shall implement the schedule in accordance with the policies and procedures of the records management plan. (b) A department director or records liaison officer shall notify the records management officer when a city record is eligible for destruction. (c) Before a city record is destroyed under an approved records control schedule, the records management officer must obtain authorization for the destruction from the records management policy committee, unless the approved schedule specifies that the record may be destroyed without additional review or authority of the records management policy committee. (d) A city record whose retention period has expired on an approved records control schedule must be destroyed unless: (1) A request for the record is pending under Tex. Government Code Chapter 552; (2) The subject matter of the record is pertinent to pending litigation or audit; or (3) The department director requests in writing to the records management officer that the record be retained for an additional period. (e) A city record that is obsolete or that has not been identified on an approved records control schedule may be destroyed if: (1) Its destruction has been approved in the same manner required by this article for the destruction of a record that is identified on an approved records control schedule; and (2) The records management officer has submitted to and received from the director and librarian of the Texas state library an approved request for destruction authorization. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-289.3 CITY RIGHT TO CITY RECORDS.

§ 2-289.3 CITY RIGHT TO CITY RECORDS. The city may demand and receive from any person any city record in private possession that was created or received by the city, the removal of which was not authorized by law. (Ord. 12027, § 1, passed 7-11-1995)

Fort Worth City Code § 2-289.4 CRIMINAL OFFENSE.

§ 2-289.4 CRIMINAL OFFENSE. (a) An officer or employee of the city who knowingly or intentionally violates this article or a policy or procedure adopted under this article commits a misdemeanor punishable by a maximum fine of $500. (b) Pursuant to Tex. Local Government Code, § 202.008, an officer or employee of the city commits a Class A misdemeanor if the officer or employee knowingly or intentionally violates the local government records act or the rules adopted under said act, by destroying or alienating a local government record in contravention of the act or by intentionally failing to deliver records to a successor in office. A Class A misdemeanor is punishable by a fine of up to $4,000, confinement in jail for up to one year, or both. (Ord. 12027, § 1, passed 7-11-1995)

Source: City of Fort Worth, Code of Ordinances, City Charter and Zoning Ordinance (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-2025Fetched: 10/26/2026