CPC(LEGAL) - OFFICE MANAGEMENT: RECORDS MANAGEMENT

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 Open Records Act or other state law.

Permanent Record

Records Control Schedule

Records Management

Records Management Officer

Records Retention Schedule

Retention Period

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 the Local Government Records Act;
  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 the Local Government Records Act 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 the custodians in order to reduce costs and improve record-keeping efficiency;
  3. In cooperation with the custodians of records, prepare and file records control schedules, amended schedules, and lists of obsolete records, as required by the Local Government Records Act;
  4. In cooperation with the custodians of records, prepare or direct the preparation of requests for authorization to destroy records, when such requests are required under the Local Government Records Act;
  5. In cooperation with the custodians of records, identify and take adequate steps to preserve district records of permanent value;
  6. In cooperation with the custodians of records, identify and take adequate steps to protect essential district records;
  7. In cooperation with the custodians of records, 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 the Local Government Records Act and rules adopted under it;
  8. Disseminate to the board and custodians of records information concerning state laws, administrative rules, and government policies relating to a district's records; and
  9. In cooperation with the custodians of records, establish procedures to ensure that the handling of records 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. 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.

Retention Periods

TSLAC Retention Schedules

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

TSLAC Review

Destruction of Records

  1. The record is listed on a records control schedule filed with TSLAC 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 approved by TSLAC;
  3. A destruction request is filed with and approved by TSLAC for a record not listed on an approved control schedule;
  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

A board member or district employee commits an offense if the board member or employee knowingly or intentionally violates Local Government Code Title 6, Subtitle C (regarding local government records) or rules adopted under it by destroying or alienating a local government record in contravention of Local Government Code Subtitle C or by intentionally failing to deliver records to a successor in office as provided by Local Government Code 201.006(a). Local Gov't Code 202.008

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

Moody ISD

CPC(LEGAL)-P

UPDATE 113

DATE ISSUED: 6/14/2019