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§ 10-1 TITLE 1 - GENERAL § 10-4 Chapter 10 RECORDS MANAGEMENT POLICIES AND PROCEDURES Sec. 10-1: Definition of City Records Sec. 10-2: City Records Declared Public Property Sec. 10-3: Policy Sec. 10-4: Records Management Responsibilities Sec. 10-5: Responsibilities of City Department Heads Sec. 10-6: Responsibilities of Records Administrators Sec. 10-7: City Offices to Use Records Schedules Sec. 10-8: Development of Records Retention and Disposition Schedules Sec. 10-9: One-Time Destruction of Obsolete Records Sec. 10-10: Electronic Mail Sec. 10-11: Archives Sec. 10-12: Preservation of Permanent Records Sec. 10-13: Non-Current Records Not to be Maintained in Office Files Sec. 10-14: Records Using Photographic and Digital Media Sec. 10-15: Accessibility of Records on Microfilm or Digital Media Sec. 10-16: Disclosure of Public Records Sec. 10-1. Definition of City Records. All papers, correspondence, memoranda, accounts, reports, maps, plans, photographs, sound and video recordings, files, microform, magnetic or paper tape, punched card, or other documents, regardless of physical form or characteristic, which have been or shall be created, received, filed, or recorded by any City office or department or its lawful successor, or officials thereof in pursuance of law or ordinance or in the conduct, transaction, or performance of any business, duty, or function of public business, whether or not confidential or restricted in use, are hereby declared to be records of the City of Moscow, and shall be created, maintained, and disposed of in accordance with the provisions of this Ordnance or procedures authorized by it and in no other manner. Materials acquired solely for reference, exhibit, or display, and stocks of publications shall not constitute records for purposes of this Ordinance. (Ord. 2015-09, 06/15/2015) Sec. 10-2. City Records Declared Public Property. All City records as defined in 10-1 of this Chapter, are hereby declared to be property of the City of Moscow. No City 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 private use of such records is prohibited. (Ord. 2015-09, 06/15/2015) Sec. 10-3. Policy. It is hereby declared to be the policy of the City to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all City records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition. Periodically the City Clerk or designee shall review or examine filing systems in each department / division, make transfers of records, arrange for disposition of outdated records and otherwise assist City officers in complying with the City records policy. (Ord. 2015-09, 06/15/2015) Sec. 10-4. Records Management Responsibilities. The City Clerk or designee is responsible for directing and coordinating records management operations among the City departments and shall have the following duties: A. Plan, formulate, and prescribe basic files management and records disposition policies, systems, standards ---PAGE BREAK--- § 10-4 TITLE 1 - GENERAL § 10-8 and procedures. B. Prepare records retention and disposition schedules in cooperation with department heads for all City departments; define and identify vital, historical and/or permanent records; and establish retention periods for all records. Retention periods shall be as long as deemed necessary by the City Clerk but may be kept longer based on the business needs of the originating office, as noted in the retention schedule. C. Review schedules annually and update or amend as needed. D. Coordinate the City-wide files management and records disposition programs and report annually on program effectiveness in each City department. E. Provide records management advice and assistance to all City departments. F. Develop, disseminate, coordinate files maintenance, records disposition procedures, and computer assisted retrieval programs including, but not limited to, those prescribed by this Ordinance, in order to meet the current and long-term information needs of the City. G. Provide training to Department Records Administrators and other personnel in the fundamentals of records management and their duties in the records management program. H. Implement at the proper time such actions as destruction, and transfers that are required by records schedules. I. Establish and monitor compliance with standards for filing and storage equipment in all City departments. J. Work with all City departments to facilitate departmental changes to enable management to realize the greatest efficiency and effectiveness in their Records Management programs as needed. K. Work, in cooperation with other responsible City officials, and Director of Information Systems to establish a disaster plan for each City department and the archives to ensure maximum availability of records for re- establishing operations quickly and with minimum disruption and expense. L. Develop procedures to ensure the preservation of the historically valuable records of the City. (Ord. 2015-09, 06/15/2015) Sec. 10-5. Responsibilities of City Department Heads. All City department heads are responsible for the implementation and operation of effective file operations, records transfers and dispositions, and other activities in accordance with the provisions of this Ordinance within their areas of responsibility. They shall designate Records Administrators within their departments and provide the City Clerk the names of such designees. (Ord. 2015-09, 06/15/2015) Sec. 10-6. Responsibilities of Records Administrators. The Records Administrator in each office and/or department is responsible for providing coordination between the City Clerk and personnel in his or her office to ensure compliance with the provisions of this Records Management Ordinance. This responsibility shall include supervising the application of records schedules within the office or department. (Ord. 2015-09, 06/15/2015) Sec. 10-7. City Offices to Use Records Schedules. All City departments shall adopt records retention and disposition schedules and destroy, transfer, or otherwise dispose of records in accordance with the records retention resolution adopted by City Council. (Ord. 2015-09, 06/15/2015; 2021-21, 12/20/2021) Sec. 10-8. Development of Records Retention and Disposition Schedules. The City Clerk shall follow the classification and retention of municipal ---PAGE BREAK--- § 10-8 TITLE 1 - GENERAL § 10-12 records pursuant to Idaho Code 50-907, and pursuant to the records retention resolution adopted by City Council. Retention periods to be included in records schedules shall be submitted by the City Clerk to the City Attorney. The City Attorney shall notify the City Clerk within ten (10) working days of the approval or of any objection to a retention period. At the expiration of the ten (10) day period, if no objection has been submitted, the records schedule shall be adopted by resolution of the City Council and shall have full force as sufficient authorization for records destruction or other action. If objection is made, the City Clerk, in consultation with and upon the advice of the City Attorney, shall determine a retention period satisfactory to the office or department concerned. When a records retention and disposition schedule is adopted by resolution of the City Council, it shall thenceforth constitute full authority to transfer, microfilm, image, prepare for destruction or take other actions, with respect to City records. The City Council hereby directs that such action be taken by the City Clerk or under his or her supervision. The City Clerk shall provide written notification to the pertinent department, State Historical Society, and the City Council of intended destruction, as required by law. (Ord. 2015-09, 06/15/2015; 2021-21, 12/20/2021) Sec. 10-9. One-Time Destruction of Obsolete Records. Prior to the implementation of the records management program for a department, a one time destruction of obsolete records of that department may be made by the department, under the supervision of the City Clerk. Prior to such destruction, the City Clerk shall submit, to the City Attorney, lists of records to be destroyed, who shall give notice of any records they believe should not be destroyed, and such records shall be retained for a period suggested by them. The City Clerk shall also submit notice as required by law to the State Historical Society and the City Council. Obsolete records shall include those no longer created by the office or department and no longer are needed for administrative, legal, fiscal, or other research purposes. (Ord. 2015-09, 06/15/2015) Sec. 10-10. Electronic Mail. Electronic mail, also known as e-mail, whether created or received, shall be retained for a period of two years and then automatically removed from the City’s exchange server. Electronic mail that is related to pending or threatened litigation will be retained until the litigation is concluded or the applicable statute of limitations has expired. Electronic mail that is the subject of a “litigation hold” shall be retained for such time as indicated in such “hold”. Department directors, and heads of divisions, may designate certain electronic mail as semi-permanent or permanent records and must retain those records in a format and location separate from the exchange server. (Ord. 2015-09, 06/15/2015) Sec. 10-11. Archives. The Archival operation shall utilize one or more buildings to store inactive records; to ensure the security of such records from deterioration, theft, or damage during the period of storage; and to permit fast, efficient retrieval of information from stored records. (Ord. 2015-09, 06/15/2015) Sec. 10-12. Preservation of Permanent Records. The City Clerk shall develop procedures to ensure the permanent preservation of the historically valuable records of the City. The City Clerk shall provide housing for such records in a municipal facility and in such manner that the records, unless their use is restricted by law or regulation, are open to the public for research purposes. In no circumstances shall the permanent records of the City be transferred to private individuals, to private historical societies or museums, or to private or public colleges or universities. ---PAGE BREAK--- § 10-12 TITLE 1 - GENERAL § 10-16 (Ord. 2015-09, 06/15/2015) Sec. 10-13. Non-Current Records Not to be Maintained in Office Files. Records no longer required to support current operation of the City shall be transferred to less costly off-site storage, or be destroyed, when such action is indicated by any approved records schedule. Such records shall not be maintained in active office files or equipment. (Ord. 2015-09, 06/15/2015) Sec. 10-14. Records Using Photographic and Digital Media. A. City may reproduce, retain and manage documents in a photographic, digital or other non-paper medium, as provided by Idaho Code § 50-907(6). The medium in which a document is retained shall accurately reproduce the record in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document. B. If the medium chosen for retention is photographic, all film used must meet the quality standards of the American National Standards Institute (ANSI), pursuant to Idaho Code § 50-907(6)(a). If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch, pursuant to Idaho Code § 50- 907(6)(b). C. A document retained by the City in any form or medium permitted under this Section shall be deemed an original public record for all purposes. A reproduction or copy of such record, certified by the City Clerk, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing. D. Once a semipermanent or temporary record is retained in a non-paper medium as authorized by this Section, the original paper document shall be considered a duplicate of the record, and may be disposed of or returned to the sender. Once a permanent record, as defined in Idaho Code § 50-907, is retained in a non-paper medium as authorized by this section, the City Clerk shall follow the procedure in Idaho Code § 50-907(6)(e), prior to any destruction of permanent records. Paper originals of historic records shall be retained by the City in perpetuity, or may be transferred to the Idaho State Historical Society’s permanent records repository upon resolution of the City Council. (Ord. 2015-09, 06/15/2015; 2021-21, 12/20/2021) Sec. 10-15. Accessibility of Records on Microfilm or Digital Media. The public is hereby given identical access to records on microfilm, or digital media to which they would be entitled under law if the records were in any other medium. A reasonable fee is to be charged for reproduction of official or unofficial copies from records on microfilm or digital media. (Ord. 2015-09, 06/15/2015) Sec. 10-16. Disclosure of Public Records. A. The City shall follow the requirements under Idaho Code Title 74, Chapter 1, titled “Public Records Act” as it pertains to the disclosure of public records. B. The City Clerk or designee shall follow the Public Records Act and any pertinent laws and regulations regarding what records are exempt from disclosure and what information may be redacted. C. The City Clerk or designee may require that a request for public records be made in writing that specifically describes the subject matter and records sought, including a specific date range for when the records sought were ---PAGE BREAK--- § 10-16 TITLE 1 - GENERAL § 10-16 created. A request shall describe records sought in sufficient detail to enable the City Clerk or designee to locate such records with reasonable effort. A request shall also require the name, address, e-mail address and telephone number of the requesting party and may rely on requests submitted by email and facsimile transmission. All such written requests shall be retained and are subject to disclosure under the Idaho Public Records Act upon proper request. (Ord. 2015-09, 06/15/2015; 2021-21, 12/20/2021)