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HomeMy WebLinkAboutOrdinance No. 2954-2017CITY OF KENAI ORDINANCE NO. 2954 -2017 Sponsored by: City Clerk AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE CHAPTER 10.30 — RECORD RETENTION, TO UPDATE AND CLARIFY THE FORM, OPERATIONS, AND PROCEDURES REGARDING THE PUBLIC RECORDS MANAGEMENT SCHEDULE AND RECORD RETENTION POLICY, AND MAKING OTHER HOUSEKEEPING CHANGES. WHEREAS, Alaska Statute Chapter 40.21, Management or Preservation of Public Records, requires the orderly management of current local public records and preservation of noncurrent public records that have permanent historical value; and, WHEREAS, the goal of records management is to professionally manage record information from the time records are received or created throughout their processing, distribution, and use, to placement in a storage and retrieval system until the final disposition of destruction or long -term archival; and, WHEREAS, it is appropriate to review and modify policies from time to time to ensure the needs of the City of Kenai are continually being met and submit them to Council for adoption pursuant to KMC 10.30.040. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 10.30.020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.30.020 — Responsible Official, is hereby amended as follows: 10.30.020 Responsible O[O]fficial. (a) The Clerk for the City of Kenai shall be responsible for the development and implementation of a Public Records Management Schedule and Record Retention Policy [PROGRAM]. In establishing retention periods for each records class, the City Clerk shall be advised by the City Departments as to the administrative /operating requirements for records. (b) The Clerk for the City of Kenai shall create a record disposal form for documentation of disposal of city records and maintain a permanent log of all record types that have New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2954 -2017 Page 2 of 3 (c) The Clerk for the City of Kenai shall cause records stored in computer memory device systems to be reviewed, stored, and destroyed in the same manner and at the same time as if the records were maintained in written, printed, or photographic form. u The Clerk for the City of Kenai may replace any original record which is lost, worn, or damaged, by a certified copy of that record, and the replacement shall be considered an original record for all purposes. Section 3. Amendment of Section 10.30.030 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.30.030 — Record retention schedule, is hereby amended as follows: 10.30.030 Public Records Management Schedule and RfR]ecord R[R]etention Policy [SCHEDULE]. (a) The City Clerk shall cause to be prepared a Public Records Management Schedule and Record Retention Policy [SCHEDULE] listing each series [CLASS] of public record for which there is an administrative, legal or historical use requirement. The Public Records Management Schedule and Record Retention Policy [SCHEDULE] shall be formatted to provide the following information for each record series [CLASS]: (1) The authority for any mandated retention period; (2) The retention period [FOR BOTH IN- OFFICE AND STORAGE PERIODS]; [(3) THE RECOMMENDED MAINTENANCE MEDIA (PAPER, MICROFORM, MAGNETIC) FOR EACH RECORD CLASS;] u[(4)] The department and office having custodial responsibility for the record [DURING THE PRESCRIBED IN- OFFICE RETENTION PERIOD]; u[(5)] Any special destruction methods to be employed for sensitive records. (b) Upon completion of the Public Records Management Schedule and Record Retention Policy [SCHEDULE], the City Clerk shall submit same to the Council for adoption. Section 4. Amendment of Section 10.30.040 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.30.040— Retention program operation, is hereby amended as follows: 10.30.040 Public Record Management Schedule and Record Retention Policy [PROGRAM] O[O]peration. Upon Public Records Management Schedule and Retention Policy [SCHEDULE] approval by Council, the City Clerk shall apply the Policy [SCHEDULE]; specifically, the City Clerk shall: (a) Promulgate the Policy [SCHEDULE] to all departments and require each department to assign a departmental retention coordinator to assist the Clerk in Policy [SCHEDULE]implementation and maintenance. (b) Establish the procedures for routine transfer of records for storage and /or destruction. (c) Tabulate the records prepared for destruction, including the appropriate Schedule citation, and shall approve each destruction. (d) Provide witness certification to each authorized destruction. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2954 -2017 Page 2 of 3 (e) Prepare and promulgate procedures for Policy [SCHEDULE] maintenance; i.e., addition of new record series, [CLASSES], deletions and modification of retention periods. All new record series [CLASS] additions and any reduction in retention periods shall be submitted to Council for adoption. Section 5. Amendment of Section 10.30.050 of the Kenai Municipal Code: That Kenai Municipal Code, Section 10.30.050 — Support provisions, is hereby amended as follows: 10.30.050 Support provisions. (a) To the extent permitted by Federal, State and City statute and regulations, electronic document imaging, microforms and /or magnetic media may be the official record media where such an application satisfies use requirements and /or contributes to maintenance efficiencies. Section 6. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 7. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 171" day of May, 2017. i3 � J, BRIAN GABRIEL SR., MAYOR EST: a dra odigh, City Clerk N. New Text Underlined; [DELETED TEXT BRACKETED] Introduced: May 3, 2017 Enacted: May 17, 2017 Effective: June 17, 2017 r' \ KENAI, ALASKA �v� '7/,lla," alld a Past, Cite unit% a .Ftw&e 210 Fidalgo Ave, Kenai, Alaska 99611 -7794 Telephone: (907) 283 -7535 1 Fax: (907) 283 -3014 www. kenai.city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: �Sandra Modigh, City Clerk FROM: Jamie Heinz, Deputy City Clerk DATE: 04/27/2017 SUBJECT: Record Retention Amendments — Ordinance 2954 -2017 The Clerk's Office, in conjunction with the City Attorney, recognized the need for the City's record retention schedule and policy to be brought up to date and improved upon. Through the process of reviewing Alaska Statutes, the Local Government Model Record Retention Schedule, and schedules and policies from other municipalities, it was decided that reformatting the document was also necessary. In order to make the needed changes to the formatting and incorporate the technologies currently used, it was determined a few minor code amendments were also needed. It is the intent of the Clerk's Office to bring forward the record retention schedule and policy, which has been created with and approved by each of the City's department heads, for your consideration and adoption together with the enactment of this ordinance. Your consideration is appreciated. 1i.