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Legislation #: 010414 Introduction Date: 3/15/2001
Type: Ordinance Effective Date: 4/8/2001
Sponsor: None
Title: Amending Chapter 2, Code of Ordinances, pertaining to the Records Control Committee, by adding one new committee member and establishing rules and procedures which follow provisions of the State of Missouri regarding control, retention and disposal of municipal records.

Legislation History
DateMinutesDescription
3/29/2001

Waive Charter Requirements City Council

3/22/2001

Waive Charter Requirements City Council

3/15/2001

Prepare to Introduce

3/15/2001

Referred Finance and Audit Committee

3/21/2001

Do Pass as a Committee Substitute

3/22/2001

Assigned to Third Read Calendar

3/29/2001

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010414

 

Amending Chapter 2, Code of Ordinances, pertaining to the Records Control Committee, by adding one new committee member and establishing rules and procedures which follow provisions of the State of Missouri regarding control, retention and disposal of municipal records.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 2, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 2-771 through 2-782, and enacting in lieu thereof a new sections of like numbers and subject matters, to read as follows:

 

Sec. 2_771. Definitions.

 

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Agency means any and all departments, boards, bureaus, committees, offices and other units of the city government, created for any purpose under the authority of or by the city government or under the authority of or by the government of the state.

 

Board means the State of Missouri Local Records Board established under the authority of RSMo 109.255, or any amendments thereto.

 

Committee means the records control committee established pursuant to the provisions of section 2_773.

 

Confidential means records and nonrecords of a sensitive nature containing information, the unauthorized disclosure of which could be prejudicial to the transaction of official business. Such records include, but are not limited to, financial, personnel, and attorney-client privilege documents.

 

Director means the director of the records management and archives services of the state, appointed pursuant to RSMo 109.220, or any amendments thereto.

 

Missouri Municipal Records Manual means standards approved by the board on December 18, 1973, and promulgated by the secretary of state, or any amendments thereof.

 

Nonrecord means library and museum material made or acquired and preserved solely for reference or exhibition purposes. Extra copies of documents preserved for only convenience of reference, stocks of publications and processed documents are not included within the definition of records as used in this division; they are designated in this division as nonrecord materials.

 


Record means any document, book, paper, photograph, map, sound recording or other material, such as computer generated files, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of official business.

 

Regulations means those rules, directives or standards promulgated by the State of Missouri Local Records Board or its director, and regulations and decisions established by the Records Control Committee in accord with Section 2-774.

 

Standards means any standards established by the director of the State of Missouri Local Records Board for the effective management of records.

 

Supervisor of Records Management means the city employee who has responsibility for the management of city records in accord with the provision of this division of the Code of Ordinances.

 

Sec. 2_772. Control of records.

 

Records of city departments and agencies shall be controlled in accordance with the provisions of RSMo 109.200-109.310, as amended, the provisions of standards lawfully established pursuant thereto, including the Missouri Municipal Records Manual, and the lawful regulations made pursuant to the provisions of this division.

 

Sec. 2_773. Membership; officers.

 

A records control committee is hereby established which shall consist of the city auditor, city counselor, the director of finance and director of information technology, or their respective designees, and the supervisor of records management. The sixth member of the committee shall be appointed by majority vote of the members and shall serve as committee secretary. The city manager shall designate a member of the committee as chairperson. The department director or head of each agency, shall designate an employee as records coordinator to consult, cooperate and act with the committee as may be needed.

 

Sec. 2_774. Regulations and decisions.

 

The committee, acting in accord with federal, state and local laws and standards regarding retention of records, by a majority vote of a quorum, is empowered to make rules, regulations, decisions and recommendations regarding the administration of its affairs, and administer the care, custody, preservation, reproduction or destruction of records. Upon the filing of such regulations with the supervisor of records management, the regulations shall become effective and control the citys policy regarding retention of records.

 

However, no such regulation or decision shall become effective, which:

 

(1 ) Establishes a retention schedule for any class of records which provides for a shorter period of retention than that provided in the standards referenced in sub-section (3) hereafter.

(2) Provides for destruction of the original of any record within the retention period set forth in the Missouri Municipal Records Manual or any other standard lawfully established, unless it has been reproduced as provided in section 2-778, and unless the committee chairperson, upon the recommendation of the committee, shall have first certified to the chairperson that provisions have been made for preserving the record in accordance with the provisions of section 109.241(4) RSMo.

 

(3) Establishes a retention schedule for any class of records for which a schedule has not been established by the Missouri Municipal Records Manual or any other lawfully established standard. .

 

(4) Conflicts with the provisions of sections 109.200-109.310 RSMo, as amended, or of standards lawfully established pursuant thereto, including the Missouri Municipal Records Manual.

 

If a decision of the supervisor of records management is challenged, regarding the handling of specific records, it may be appealed to the committee for review and ruling on such decision. The committees decision, in turn, may be appealed to the City Manager, or his designee for final administrative ruling.

 

Sec. 2_775. Records of committee proceedings.

 

The committee shall keep an accurate account of its proceedings, and of all materials turned over to it for inspection, reproduction, preservation or destruction, together with the committee action upon such application, and the action, if any, by the board thereon.

 

Sec. 2_776. Application by agency heads for disposition of records.

 

Department directors and heads of city agencies, or their designees, shall, as needed, submit to the committee signed applications for the destruction, or reproduction and destruction, or other disposition, of record materials no longer needed in the transaction of current business and deemed to be of insufficient administrative, legal, fiscal or historical value to warrant their further retention, together with specific recommendations pertaining thereto, made in accordance with any law, standards or regulations applicable to the retention of records. No such record materials shall be destroyed without prior approval of the committee. All confidential materials, including nonrecords, must be shredded, incinerated or otherwise destroyed in a manner approved by the committee.

 

Nonrecord materials do not require the above application and committee approval. However, in making difficult decisions as to whether or not materials are nonrecords , it is recommended that department directors and heads of agencies, or their designees, apply to the committee for a determination of the issue. The committee may grant blanket approval for the destruction of nonrecord materials for which the agency has requested approval so that the same type of nonrecord materials do not require any further applications for committee approval.

 

Sec. 2_777. Approval of disposition of records.

The committee shall review any application submitted pursuant to the provisions of section 2-776, and, if it finds the materials involved are no longer needed in the transaction of current business and are of insufficient administrative, legal, fiscal or historical value to warrant their further retention, shall approve their destruction or other disposition, as provided in this division, in accordance with applicable standards.

 

Sec. 2_778. Reproduction of records.

 

The committee may cause any or all of the records delivered to it by any agency for preservation or destruction to be microfilmed or otherwise reproduced through photographic, video or electronic reproduction processes, and preserved for viewing and recalling images to paper or other original form, as appropriate, meeting or exceeding the standards for archival permanence established by the America National Standards Institute or similar agency. If records are so microfilmed, original camera masters shall not be used for frequent reference or reading purposes, but copies thereof shall be made for such purposes. The committee may, by regulation, prescribe additional requirements with reference to such reproductive materials and with reference to the equipment and methods used in reproducing such records. (Sec. 109.241 (4) RSMo.)

 

Sec. 2_779. Destruction of records and nonrecord materials.

 

(a) No record material shall be destroyed or otherwise disposed of unless it is determined by the committee that such record material has insufficient administrative, legal, fiscal or historical value to warrant retention.

 

Materials which have been determined in accord with provisions of Section 2-776 to be nonrecord material may be destroyed as provided in that section.

 

(b) All records, approved for disposal on site and off site, which are comprised of accountable forms, or confidential materials, shall be destroyed or disposed of in the presence of an authorized representative of the agency in possession of such records, or by a member of the Records Management Section, or their designee, who shall certify by signature, the disposition of records, including the date it occurred. At the time the committee approves the request for disposition of records, the committee shall specify the method to be used.

 

(c) The certificate required in subsection (b) of this section, the written authorization by the committee chairperson or other disposition of such records, and a copy of the certificate required by the provisions of RSMo. 109.241(4), if any, shall be permanent records of the city and shall be filed with the supervisor of records management, who shall be the custodian of such certificates and authorizations. The supervisor shall keep an accurate record of such certificates and authorizations in a bound volume kept for that purpose and appropriately indexed.

 

(d) Materials shall be disposed of under this division pursuant to regulations not inconsistent with applicable standards. Destruction of confidential materials shall be by incineration or shredding with a one-fourth inch cut, or less, or as otherwise approved by the committee. Other methods of disposition for nonconfidential materials include compaction, burying, sale as waste, or transfer of ownership authorized by the committee.

 

 

Sec. 2-780. Disciplinary action for careless handling of records.

 

Any person handling records in a careless manner, which causes damage, loss or destruction of records, shall be subject to disciplinary action under rules set forth by the director of human resources regarding officer and employee conduct in the workplace.

 

Sec. 2_781. Records are property of state or local government; unlawful concealment,

mutilation or disposition of records; penalties.

 

All records made or received by or under the authority of, or coming into the custody, control or possession of state or local officials in the course of their public duties, are property of the state or local government and shall not be mutilated, destroyed, transferred, removed or otherwise damaged or disposed of, in whole or in part, except as provided by law. Records, as defined herein, are to be controlled in accordance with the provisions of the State and Local Records Law, sections 109.200-109.310 RSMo, and the provisions of this division of the Code of Ordinances.

 

Any person who shall, in violation of this division, willfully and unlawfully conceal, remove, mutilate, obliterate, falsify, destroy, steal, embezzle or negligently dispose of any record shall be guilty of an ordinance violation, and shall, upon conviction, be punished as provided in the Missouri statutes and section 1-17 of the city Code of Ordinances.

 

Sec. 2_782. Storage of records.

 

The committee shall have the authority to provide for the storage of the official records of the city, and to contract and provide for the storage of such records in places or facilities providing safe and adequate storage facilities therefor, in accordance with all applicable standards.

 

Secs. 2_783__2_800. Reserved.

 

 

Approved as to form and legality:

 

 

 

___________________________________

Assistant City Attorney