CPC(LEGAL) - OFFICE MANAGEMENT: RECORDS MANAGEMENT

Note: For information regarding security breaches, see CQB(LEGAL).

Definitions

Custodian

Essential Record

Local Government Record

  1. Extra identical copies of documents created only for convenience of reference or research by district officers or employees;
  2. Notes, journals, diaries, and similar documents created by a district officer or employee for his or her own personal convenience;
  3. Blank forms, stocks of publications, and library and museum materials acquired solely for the purposes of reference or display; or
  4. Copies of documents in any media furnished to the public under the Public Information Act or other state law.

Permanent Record

Records Control Schedule

Records Management

Records Management Officer

Records Retention Schedule

Retention Period

District's Duties

  1. Submit to the director and librarian of TSLAC the name of the district's records management officer and the name of the new officer in the event of a change;
  2. File a plan or an ordinance or order establishing a records management program and any amendments to the plan or ordinance or order with the director and librarian;
  3. Notify TSLAC at least ten days before destroying a district record that does not appear on a records retention schedule issued by TSLAC; and
  4. File with the director and librarian a written certification as provided by Local Government Code 203.041 that the district has prepared a records control schedule that:
    1. Establishes a retention period for each district record as required by Local Government Code Chapter 203, Subchapter C; and
    2. Complies with a local government records retention schedule distributed by the director and librarian under Government Code 441.158 and any other state and federal requirements.

Board's Responsibilities

  1. Establish, promote, and support an active and continuing program for the efficient and economical management of all district records;
  2. Cause policies and procedures to be developed for the administration of the program under the direction of the records management officer;
  3. Facilitate the creation and maintenance of district records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the district and designed to furnish the information necessary to protect the legal and financial rights of the district, the state, and persons affected by the district's activities;
  4. Facilitate the identification and preservation of district records that are of permanent value;
  5. Facilitate the identification and protection of essential district records; and
  6. Cooperate with TSLAC in its conduct of statewide records management surveys.

Custodians of Records

  1. Cooperate with the records management officer in carrying out the policies and procedures established by a district for the efficient and economical management of records and in carrying out the requirements of Local Government Code Title 6, Subtitle C;
  2. Adequately document the transaction of district business and the services, programs, and duties for which they and their staff are responsible; and
  3. Maintain the records in their care and carry out the preservation, microfilming, destruction, or other disposition of the records only in accordance with the policies and procedures of the district's records management program and the requirements of Local Government Code Title 6, Subtitle C and rules adopted under it.

Records Management Officer

Designation

Duties

  1. Assist in establishing and developing policies and procedures for a district's records management program;
  2. Administer the records management program and provide assistance to custodians for the purposes of reducing costs and improving recordkeeping efficiency;
  3. In cooperation with the custodians of the records:
    1. Prepare the records control schedules and amended schedules required by Local Government Code 203.041 and the list of obsolete records as provided by Local Government Code 203.044;
    2. Identify and take adequate steps to preserve district records of permanent value;
    3. Identify and take adequate steps to protect essential district records;
    4. Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of records is carried out in accordance with a district's records management program and the requirements of Local Government Code Title 6, Subtitle C and rules adopted under it;
  4. Disseminate to the board and custodians of records information concerning state laws, administrative rules, and government policies relating to district records; and
  5. In cooperation with the custodians of records, establish procedures to ensure that the handling of records in any context of the records management program is carried out with due regard for the duties and responsibilities of custodians that may be imposed by law and the confidentiality of information in records to which access is restricted by law.

Records Management Program

Records Control Schedules

  1. Prepare a records control schedule listing the following records and establishing a retention period for each:
    1. All records created or received by the district;
    2. Any record no longer created or received by the district that is still in its possession and for which the retention period on a records retention schedule issued by TSLAC has not expired; and
    3. Any record no longer created or received by the district that is still in its possession and for which the retention period on a records retention schedule issued by TSLAC has expired but which will not be destroyed; and
  2. File with the director and librarian a written certification of compliance that the district has adopted records control schedules that comply with the minimum requirements established on records retention schedules issued by TSLAC.

Amendment of Schedules

Retention Periods

TSLAC Retention Schedules

Note: Local government records retention schedules are available on the TSLAC website.

Destruction of Records

  1. The record is listed on a valid records control schedule and either its retention period has expired or it has been microfilmed or electronically stored in accordance with legal requirements;
  2. The record appears on a list of obsolete records as provided by Local Government Code 203.044;
  3. The record is not listed on a records retention schedule issued by TSLAC and the district provides notice to TSLAC at least ten days before destroying the record as required by Government Code 441.169;
  4. A court issues an expunction order for the destruction or obliteration of the records, pursuant to state law; and
  5. The records are defined as exempt from scheduling or filing requirements or listed as exempt in a records retention schedule issued by TSLAC.

Exceptions

Recordkeeping

Preservation of Records

Permanent Records

Microfilming

Electronic Storage

Records Offenses

Destruction or Alienation of Record

Tampering with Governmental Record

  1. Knowingly makes a false entry in, or false alteration of, a governmental record;
  2. Makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record;
  3. Intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record;
  4. Possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully;
  5. Makes, presents, or uses a governmental record with knowledge of its falsity; or
  6. Possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully.

Federal Investigations

Longview ISD

CPC(LEGAL)-P

UPDATE 114

DATE ISSUED: 10/28/2019