In order to properly implement the required responsibilities of the City Clerk regarding city records, this chapter promulgates procedures for an efficient records management and archives program for the city.

(a)

This chapter shall be known as the "Records Management and Archives Program".

(b)

The declared purpose of this chapter is to provide for the proper and efficient management of the public records of the City of Cape Coral and for the operation of a central repository for the city's inactive records and permanently valuable records.

The following words, terms and phrases, when used in this chapter, shall have the meanings set forth herein, except where the context clearly indicates a different meaning.

ARCHIVAL RECORDS. Those public records, manuscripts and other records which document the origin and the history of the government of the City of Cape Coral and the development of its agencies, which are worthy of permanent preservation and special administration because of the importance of the information they contain for continuing administrative, legal or fiscal purposes or for historical or other research.

CITY CLERK. The City Clerk of the City of Cape Coral, Florida, or his or her duly designated representative.

INACTIVE RECORDS. Those records no longer required in active office areas, but which require further retention due to legal, operating or historical reasons.

MAINTENANCE OF PUBLIC RECORDS. The creation, maintenance, protection, use and disposition of all public records of the City of Cape Coral, Florida, including the establishment and maintenance of a system of filing and indexing public records.

PUBLIC RECORD. All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any officer or employee of the City of Cape Coral.

VITAL RECORDS. Those records that are necessary for the continuation of business or those records that are needed to protect the rights of the city's employees and/or citizens.

(a)

All public records shall be the property of the city, and, in this regard, the records shall be delivered by outgoing officials and employees to their successors.

(b)

Records not in current use may be transferred to the city archives and, upon acceptance, the archives shall be considered the legal custodial site of the records.

It shall be the responsibility of each officer and employee of the city to protect, preserve, store, transfer, destroy or otherwise dispose of, use and manage public records only in accordance with applicable federal, state or local law, and such rules as may be promulgated or approved by the City Clerk.

It shall be the responsibility of the City Clerk to administer the Records Management and Archives Program of the City of Cape Coral in a manner consistent with state law. In this regard the City Clerk shall, among all other things that may be required for the proper and efficient management of the public records of the city:

(a)

Develop and circulate such rules and regulations as may be necessary and proper to implement and maintain the Records Management and Archives Program;

(b)

Provide and maintain a city records center to house and preserve inactive records prior to disposition;

(c)

Advise and assist city departments in the preparation of records retention and disposition schedules;

(d)

Approve destruction schedules before disposition of public records;

(e)

Establish and maintain the city archives to ensure the preservation of the city archival records;

(f)

Advise and assist city departments in reviewing and selecting material to be transferred to the archives for continued preservation, arrangement and description and research access;

(g)

The City Clerk or his or her designated representative shall be the Records Coordinator/Archivist who shall ensure the sound management of archival records and their availability for research;

(h)

Conduct, as the City Clerk deems necessary, such surveys, studies and investigations as will assist in promoting a proper and efficient Records Management and Archives Program for the city, including information retrieval systems; and

(i)

Develop and institute a vital records program to ensure the safety of essential records in the event of a disaster.

(a)

Departments shall create and maintain all records with adequate and proper documentation of the organization, together with the functions, policies, decisions, procedures and essential transactions of the department.

(b)

Departments, with the advice of the City Clerk or his or her designated representative, shall establish and maintain an active, continuing program for the economical and efficient management of the records of the department. The program shall, among other things, provide for:

(1)

Effective controls over the creation, maintenance and use of records in the conduct of current business;

(2)

Cooperation with the City Clerk in applying standards, procedures and techniques designed to improve the management of records;

(3)

Promotion of the maintenance and security of records deemed appropriate for preservation; and

(4)

Segregation and disposal of records of temporary value in accordance with established retention schedules.

(c)

Those public records which are not required in the current operation of the office where they are made or kept, and all public records which can properly be abolished or discontinued, shall be transferred to the city records center or archives so that the selected historical records of the city may be centralized, preserved and made more widely available or be approved for destruction.

(d)

Each department of the city shall designate a representative to coordinate the management of records in that department. The representative shall:

(1)

Coordinate all records management activities and functions within the department and with the City Clerk or his or her designated representative;

(2)

With the advice and assistance of the City Clerk of his or her designated representative, inventory or manage the inventory of all public records for disposition scheduling and transfer action in accordance with procedures prescribed by law or rule promulgated by the City Clerk;

(3)

Consult with any other personnel responsible for creation or maintenance of specific records within his or her department regarding records retention and transfer recommendations;

(4)

Analyze records inventory data, examine and compare divisional or unit inventories for duplication of records and recommend to the city's Records Coordinator/Archivist minimal retention for all copies commensurate with legal, financial and administrative needs; and

(5)

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