The purpose of this regulation is to provide direction on a Records Management Program, to bring consistency to the conduct of the city’s record keeping operations, to eliminate unnecessary records, and to clarify the established city records control procedures. This regulation further provides for the following: definitions for records management program; records management duties for the City Clerk; ownership of municipal records, and the responsibilities of officers and employees with respect thereto; destruction of original municipal public records; and destruction of all other municipal records.

(Ord. 1270; Code 2013)

(a)   That the office of City Clerk is authorized to establish and administer the Records Management Program for the City of Oswego, Kansas. That to this end, the City Clerk will implement, but not be limited to, a program to encompass such areas of records management as are required to preserve and keep in order all books, papers, documents, records, and files of the City Council and of the departments to achieve the following goals.

(1)   Release space and reduce the need for storage and filing equipment;

(2)   Establish an efficient retrieval operation for both active and inactive municipal records;

(3)   Provide for routine disposition of paperwork;

(4)   Maintain total security over municipal records; and

(5)   Communicate the need for an effective Records Management Program.

(Ord. 1270; Code 2013)

(a)   ACTIVE RECORDS: Those records in current use which must be retained in offices because frequent reference is necessary in the conduct of day-to-day operations.

(b)   INACTIVE RECORDS: Those records which are seldom referred to, but which must be retained, temporarily or permanently because of legal, fiscal, administrative, or archival value.

(c)   MUNICIPAL RECORDS: All records, whether of public or private origin, housed and administered by the City of Oswego, Kansas.

(d)   NONRECORDS: All material not usually included within the definition of records, such as unofficial copies of documents that are kept only for convenience or reference, stocks of publications and processed documents, and library or museum material intended solely for reference or exhibition.

(e)   RECORDS: All books, papers, maps, photographs, machine-readable materials, or other documentary materials, regardless of physical form or characteristics, generated or received- by a department of the City of Oswego, Kansas, under local ordinance or in connection with the transaction of public business, and preserved for any period of time by that department as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of this municipal government, or because of the informational value of data in them.

(f)   RECORDS MANAGEMENT PROGRAM: A formulated plan to establish a city-wide system that achieves integrated control of all departmental subsystems so that an orderly and efficient flow of paperwork is provided from creation to ultimate disposition.

(g)   RECORDS SERIES: Records accumulated over a period of time and arranged in an organized file or set of files which can be described, handled, and disposed of as a unit. A records series may consist of records of a single type or format, or of records kept together because they relate to a particular subject or result from one activity. Example: Accounts Payable, Ordinances, or Building Permits.

(Ord. 1270; Code 2013)

(a)   DUTIES OF CITY CLERK: That the office of City Clerk shall have, in addition to other responsibilities, responsibility for the following areas of records management:

(1)   Development and circulation of such rules, regulations, and policies as may be necessary and proper to implement and maintain the City of Oswego’s Records Management Program.

(2)   Development and implementation of a Confidentiality Policy for all inactive records designated confidential and in the physical custody of the City Clerk’s office.

(3)   Provision and maintenance of a records center to store and preserve inactive records prior to disposition.

(4)   Development of a retention and disposition schedule for all municipal records;

(5)   Consultation and assistance to city departments in all areas of records management, including active records maintenance, transfer, and disposition;

(6)   Provision for an archival depository for the permanent preservation of historical records; and

(7)   Development and institution of a plan to ensure the safety of essential records in the event of a disaster.

(b)   DEPARTMENT RESPONSIBILITIES: One person shall be designated by the Department Head to be responsible for maintenance of the department’s records, as follows:

(1)   Implementation and operation of an effective filing system.

(2)   Transfer of records to the Archives and Records Center.

(3)   Authorize destruction of certain records.

(4)   Review established records retention schedules at least annually to insure that they are complete and current.

(c)   RECORDS CLERK: The Records Clerk shall have the following responsibilities as assigned by the City Clerk:

(1)   Prepares, updates, and distributes records retention schedules in cooperation with department heads.

(2)   Provides records management advice and assistance to all City departments.

(3)   Prepares and maintains a Records Management Manual.

(4)   Assists with training sessions for staff in all City departments.

(5)   Coordinates the annual transfer of records from all City departments.

(6)   Maintains the current files in the Administrative Office.

(7)   Provides assistance for the retrieval and return of documents from the Records Center or City Archives.

(8)   Coordinates the annual destruction of eligible records with City department heads.

(9)   Maintains the computerized data base for the City Archives and Records Center.

(Ord. 1270; Code 2013)

(a)   That all records created or received by a department shall remain the property of the City of Oswego, Kansas. That the department is the legal custodian of its records; except that the department shall relinquish legal custody of those records given to the archive depository. That the records center of the City Clerk’s office is the physical custodian of all records transferred to the records center for archiving.

(b)   That it shall be the duty of each officer and employee of the City of Oswego to protect, preserve, store, and/or transfer, municipal records in accordance with state and federal statutes, this municipal government’s charter and ordinances or rules promulgated and approved by the Oswego City Clerk.

(Ord. 1270; Code 2013)

(a)   That municipal records defined in this regulation as original public records may be destroyed as directed by the Oswego City Council with the advice and consent of the City Attorney, unless otherwise required by federal or state law.

(b)   That any original municipal public record, the subject matter of which is in litigation, may not be destroyed until such litigation is final.

(c)   That original municipal public records which are determined worthless by the Oswego City Council may be destroyed as directed by the Council.

(Ord. 1270; Code 2013)

(a)   That municipal records other than those records defined hereto as original public records may be disposed of upon approval of the City Clerk and the City Attorney.

(b)   That a notice of proposed destruction or disposition of all nonpublic municipal records, including records series titles, descriptions, inclusive dates, and volumes, shall first be given to the records center of the City Clerk’s office for permanent keeping.

(Ord. 1270; Code 2013)