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Ord 857 Repealing and replacing Chapter 2 Administration and removing sections from Chapter 26 TOWN OF WESTLAKE ORDINANCE NO. 857 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING THE CODE OF ORDINANCES BY REPEALING AND REPLACING CHAPTER 2 ADMINISTRATION BY REORDERING THE CHAPTER AND AMENDING CHAPTER 26 COMMUNITY DEVELOPMENT, DIVISION 2, BY DELETING AND MOVING SECTIONS 26-57.1; 26- 57.2; AND 26-59 TO CHAPTER 2; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law Town; and WHEREAS, the amendment and reorganization of both Chapters provides for Officers and Board and Commissions of the municipality to be located in the same chapter; and WHEREAS, upon the recommendation of the staff to reorganize Chapter 2 and include the position of the Town Manager, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 2 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. Chapter 2 - ADMINISTRATION ARTICLE I. - IN GENERAL Sec. 2-1. - Change to type A general law municipality. The town does hereby convert to a type A general law municipality in accordance with the requirements of the Local Government Code of Texas, and shall conduct itself in accordance with the laws regulating type A general law municipalities from and after May 9, 1994. Sec. 2-2. - Westlake Town Seal—Approval required. No person, association, corporation, organization, or group, of any type or character, other than town officers, employees and agents shall cause or allow to be used or displayed the Town Ordinance 857 Page I of 16 of Westlake Seal on any item unless such use or display is approved as provided by this ordinance [Ordinance No. 678], and is otherwise in compliance with this ordinance [Ordinance No. 678]. An employee may apply to the town manager designee to use town materials and equipment in his or her creative projects, provided the employee agrees either to grant to the town a non- exclusive, non-transferable, perpetual, royalty-free, town-wide license to use the work, or permits the town to be listed as co-author or co-inventor if the town's contribution to the work is substantial. Upon the termination of any person's association with the town, all permission to possess, receive, or modify the town's intellectual property shall also immediately terminate. All such persons shall return to the town all intellectual property, including but not limited to any copies, no matter how kept or stored, and whether directly or indirectly possessed by such person. Sec. 2-3. - Westlake Town Seal—Approval process. Any person, association, corporation, organization, or group, of any type or character, shall receive written approval from the town manager or designee prior to such use or display of the town seal or intellectual property. Sec. 2-4. - Westlake Town Seal—Allowable uses. Use of the Town of Westlake Seal shall be limited to the following: (a) Events limited in duration to a period of time specifically designated in the request; (b) Uses which comport with the guidelines listed in section 2-6; (c) Such other uses deemed appropriate by the town manager, taking into consideration the name, reputation and public image of the Town of Westlake is at stake each time a request for use is granted; (d) Media agencies may be granted permission to use the Town of Westlake provided the flowing criteria are met: (1) if the media agency is a television station with a broadcast signal which serves the entire population or geographic town limits; or (2) if the media agency is a newspaper with a paid subscriber circulation within the Town of Westlake of not less than 10,000 subscribers. The town manager shall determine if the media agency is in compliance with this ordinance Sec. 2-5. - Westlake Town Seal—Approval. The town manager's office or designee shall review each written request for compliance with this ordinance. A request approved by the town manager's office or designee shall be final. Sec. 2-6. - Westlake Town Seal—Guidelines of use. The following guidelines shall be followed by the town manager's office or designee in reviewing each application for the use of the Town of Westlake Seal. (a) Use of the Town of Westlake Seal shall not be allowed if such use: (1) is, or included matter which is immoral, deceptive, or scandalous according to community standards; (2) may disparage, or falsely suggest a connection with, or bring into contempt or disrepute the Town of Westlake; Ordinance 857 Page 2 of 16 (3) is likely to cause confusion or mistake, or to deceive, because, when applied to the applicant's proposed use in connection with the activity or event, the activity or event appears to be controlled by the Town of Westlake when such is not the case. Secs. 2-7-2-30. - Reserved. ARTICLE II. - TOWN COUNCIL DIVISION 1. - GENERALLY Sec. 2-31. - Terms of Office. The mayor and council members of a Type A municipality are elected for two year terms Sec. 2-32. - The Mayor shall preside at all meetings of the council and shall with three of the town council members constitute a quorum for the transaction of business; and the quorum shall have the power to enact such by-laws and ordinances not inconsistent with the laws and constitution of the State of Texas, as shall be deemed proper for the governing of the Town Sec. 2-33. - Election Held Annually. An election shall be held annually on an authorized uniform election date as set out in Texas Election Code. Sec. 2-34. —President Pro-Tempore Elected. At the first meeting of each new town council, one of the council members shall be elected president pro-tempore (i.e., mayor pro-tem) who shall hold this office for one year. In the case of the failure, inability, or refusal of the mayor to act, the mayor pro-tem shall perform the duties of the mayor. If both the mayor pro-tem and the mayor are absent, any council member may be appointed to preside at the meeting. When serving as presiding officer at a meeting in the mayor's absence, the mayor pro-tem or the council member acting in the mayor's place shall retain their right to vote on matters before the council without regard to a tie. Sec. 2-35 - Quorum. Three (3) members of the town council shall constitute a quorum for the purpose of transaction of business. Sec. 2-36 - Conflict of interest. Should any person on the town council have a conflict of interest, pursuant to any state laws and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the town council, he or she shall openly declare same before discussion proceeds, and he or she is thereby prohibited from discussing the item or voting on the question. Ordinance 857 Page 3 of 16 Sec. 2-37 - Abstention. Should any person on the town council choose to abstain from voting on any question before the town council, where no conflict of interest exists, the person's vote shall be recorded as a negative vote in the official minutes of the meeting. Secs. 2-38-2-50. - Reserved. DIVISION 2. - PROCEDURES Sec. 2-51. - Agenda items. Pursuant to policies or procedures adopted by the governing body the mayor or any member of the council may notify the town manager and town secretary of any items requested to be on the agenda. The town manager will be responsible for placing all other items on each agenda and providing necessary backup for each agenda item. The town secretary will assemble and distribute agenda backup materials prepared prior to each board meeting. Sec. 2-52. - Meetings; voting. (a) The town council shall meet at the time and place determined by a resolution adopted by the governing body. (b) The meetings shall be held at the Town Hall, or a meeting room close by, or another location designated by the town in the meeting notice as required by law. (c) Each member of the town council shall at every meeting of the board be entitled to one vote in person but no proxy shall be voted on any occasion. (d) The town may adopt an ordinance, act, law, or regulation, not inconsistent with state law, that is necessary for the government, interest, welfare, or good order of the town as a body politic. Sec. 2-53. - Procedural rules. The procedure at all meetings of the town council shall be in accordance with general rules of parliamentary procedures. Sec. 2-54. - Continuation of meetings. The mayor shall continue any meeting, whether regular or special, including a continuation to a specific date and time, as directed by the town council. Secs. 2-55-2-80. - Reserved. Ordinance 857 Page 4 of 16 ARTICLE III. - BOARDS, COMMISSIONS AND AUTHORITIES DIVISION 1. - GENERALLY Sec. 2-81. - Boards, commissions, agencies/appointment, term, and procedures. (a) All meetings of any board or commission shall be open to the public. Each board or commission shall keep accurate minutes of each meeting which shall be forwarded to the town secretary within ten days following approval. Such board or commission shall keep an accurate record of the names of the members who are present and absent from their meetings. When public hearings are necessary or required, notice of the public hearings and the conduct of the public hearing will be in compliance with the requirements of the Texas Local Government Code and the UDC. (b) Each board or commission shall establish its own attendance rules, regulations and method of enforcement which may include automatic removal from office unless in conflict with state law or this section. Each member of a board or commission shall be at least 18 years of age. Secs. 2-82-2-135. - Reserved. DIVISION 2. - HIGHER EDUCATION AUTHORITY Sec. 2-136. - Creation. The town council hereby creates a higher education authority pursuant to the Higher Education Authority Act (V.T.C.A., Education Code ch. 53) and designates the name of such higher education authority to be the "Texas Student Housing Authority." Sec. 2-137. - Composition. The board of directors of the Texas Student Housing Authority shall consist of seven members. The respective directors of the authority shall serve for two-year terms and until their respective successors are appointed and assume office. Sec. 2-138. - Bylaws approved. The town council hereby approves the Texas Student Housing Authority bylaws. Secs. 2-1392-160. - Reserved. Ordinance 857 Page 5 of 16 ARTICLE IV. —TOWN OFFICERS Sec. 2-161. - Town manager. a. Appointment and Removal. 1) The town council shall appoint a town manager who shall be the chief administrative officer of the town, and shall be responsible to the town council for the administration of all the affairs of the town. 2) The town manager shall be chosen by the town council solely on the basis of his or her executive and administrative training, experience and ability; and need not, be a resident of the Town of Westlake. 3) The town manager may be removed at the will and pleasure of the Town Council pursuant to the Local Government Code 4) No member of the town council shall, during the time for which he or she is elected, and for one year thereafter, be appointed town manager. b. Term and Compensation. The town manager shall receive compensation as may be fixed by the town council. The town council. The town council may enter into agreement establishing compensation and a term of service. c. Responsibilities. 1) In cooperation with the town attorney, see that all state laws and town ordinances are effectively enforced. 2) Appoint and remove any employee of the town, except as otherwise provided by this section. 3) Prepare the budget annually and submit it to the town council, and be responsible for its administration after adoption. 4) Prepare and submit to the town council in the annual proposed budget, a complete report on the finances and administrative activities of the town for the preceding year. 5) Keep the town council apprised of the financial condition and future needs of the town and make such recommendations as may seem to the town manager advisable. 6) Attend all meetings of the town council, except at the request of the board during executive sessions when the town manager is under discussion. He or she shall be notified of all special meetings of the board. 7) Ensure effective intergovernmental representation of the town's interest by monitoring and responding to legislation, participating in policy development, and presentation of the town's interest to elective officials, the regional development community, legislative committees, and public interest groups. 8) Shall have the authority to obligate the town without first obtaining the approval of the town council for all budgeted expenditures not to exceed $50,000.00 as to one contract or item. All other expenditures, including those not included in the budget of applicable fiscal year, must be first be approved by the town council. Ordinance 857 Page 6 of 16 9) Perform such duties as may be prescribed or may be required of him or her by the town council, not inconsistent with this section. Sec. 2-162. - Town council not to interfere in appointments. Neither the town council, nor any of its members, shall direct the appointment of any person to office by the town manager, or by any of his subordinates. Except for the purpose of inquiry, the town council and its members shall deal with the administrative services through the town manager, and neither the town council, nor any member thereof, shall give orders to any subordinate of the town manager, either publicly or privately. Sec. 2.163 Town Secretary. a. Appointment and Removal. 1) The Town Council shall appoint the town secretary. 2) The Town Secretary may be removed at the will and pleasure of the Town Council pursuant to the Local Government Code. b. Reporting and Compensation. 1) The Town Secretary shall report to the Town Manager. 2) The Town Manager shall fix the compensation of the Town Secretary, and the Town Secretary's compensation may be amended, from time to time, in accordance with the Town Secretary's experience, qualifications and performance. c. Responsibilities. 1) Give notice of all official public meetings of the Town Council in a manner consistent with state laws; 2) Attend all public meetings and hearings of the Town Council; 3) Keep the minutes of the proceedings of all public official meetings and hearings of the Town Council in a manner prescribed by the Town Council consistent with applicable law; 4) Schedule and oversee all Town elections in accordance with the Texas Election Code and any other applicable law; 5) Act as custodian of all official records of the Town Council; 6) Hold and maintain the seal of the Town and affix this seal to all appropriate documents; 7) Authenticate by signature and seal and record all ordinances, resolutions and proclamations of the Town; and 8) Perform such other duties as may be required by the Town Manager consistent with this position and the laws of the State of Texas. Sec. 2.164 Town Attorney. a. Appointment and Removal. 1) The Town Council shall appoint by the affirmative vote of a majority of the full membership of the Town Council a competent, duly qualified licensed and practicing attorney in the State of Texas who shall serve as the Town Attorney. 2) The Town Attorney may be removed at the will and pleasure of the Town Council pursuant to the Local Government Code. Ordinance 857 Page 7 of 16 b. Responsibilities. 1) Serve as the legal advisor to the Town Council and Town Manager; 2) Represent the Town in litigation and legal proceedings as directed by the Town Council and the Town Manager; and 3) Review and provide opinions as requested by the Town Council or Town Manager on contracts, legal instruments, ordinances of the Town and other Town business. 4) The Town Council shall have the right to retain special counsel at any time that it may deem necessary and appropriate. 5) The Town Attorney and Special Counsel shall receive compensation as may be determined by the Town Council. The Town Attorney, with approval of the Town Council, may select additional attorneys to act for him or her and the Town in its representation and/or litigation. Sec. 2-165. - Office of town marshal. (a) Created. The office of town marshal is hereby created pursuant to V.T.C.A. Local Government Code § 341.021. The town marshal shall have all authority to serve as provided for in state law. The town marshal must meet all qualifications of state law for this office. (b) Bond and oath of office. The town marshal shall execute a bond as required by state law and swear to an oath of office as required by state law. (c) Duties. The town marshal shall act under the direction of the court administrator, and shall perform the following duties: (1) Execute warrants, subpoenas, and other legal process issuing out of the Town of Westlake Municipal Court of Record No. 1, as determined by the court administrator. (2) Execute other warrants of arrest, subpoenas, and legal process as authorized by law and as determined by the court administrator. (3) Serve as the court bailiff to the Town of Westlake Municipal Court of Record No. 1. (4) Any other duties authorized by state law and assigned by the municipal court judge or the court administrator. (d) Appointment of town marshal by town manager. The town manager shall appoint the town marshal and said position shall be included by the town manager in the annual budget to be considered by the town council for the town. (e) Right of town to establish support duties and positions. The town reserves the right to establish duties and positions to support the deputies to the town marshal to function under the policies and procedures adopted for said position by the Town of Westlake. Secs. 2-166- 2-170. - Reserved. ARTICLE V. TEXAS MUNICIPAL RETIREMENT SYSTEM Sec. 2-171. - Participation in the retirement system. (a) The town council of the town, on behalf of the town, hereby exercises its option and elects to have this town and all of the employees of all departments now existing and those Ordinance 857 Page 8of16 hereafter created participate in the system as provided in the Texas Municipal Retirement System (TMRS) Act, V.T.C.A., Government Code § 851.001 et seq. (b) The town manager is hereby directed to notify the board of trustees of the system that this town has elected to participate in, and have the employees of this town covered in such system. (c) Each person who becomes an employee of this town on or after the effective date of participation of this town whose position shall require more than 1,000 hours per year shall become a member of the system as a condition of their employment. (d) Each employee of this town who is a member of the system is eligible to retire and receive a service retirement annuity if the member has at least 20 years of credited service in the system performed for one or more municipalities that have adopted a like provision under V.T.C.A., Government Code § 854.202(g). (e) In accordance with the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., the deposits to be made to the system on account of current service of the employees of the several participating departments are hereby fixed at the rate of seven percent of the full earnings of each employee of said departments. (f) Each employee who qualifies for such credit shall be allowed prior service credit (as defined in V.T.C.A., Government Code § 853.101) at the rate of 100 percent of the base credit of such member, calculated in the manner prescribed in 853.105. (g) For each month of current service rendered to this town by each of its employees who are members of the system, the town will contribute to the current service annuity reserve of each such member at the time of his or her retirement, a sum that is 200 percent of such member's accumulated deposits for such month of employment; and such sum shall be contributed from this town's account in the municipality accumulation fund. (h) The town secretary is hereby directed to remit to the board of trustees of the system, at its office in Austin, Texas, the town contributions to the system and the amounts which shall be deducted from the compensation or payroll of employees, all as required by such board under the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., and such official is hereby authorized and directed to ascertain and certify officially on behalf of this town the prior service rendered to such municipality by each of the employees of the participating departments, and the average prior service compensation received by each of the employees of the participating departments and make and execute all prior service certifications and all other reports and certifications which may be required of the town under the provisions of the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., or in compliance with the rules and regulations of the board of trustees of the system. (i) The town hereby elects to participate in the supplemental death benefits fund of the system for the purpose of providing in-service death benefits for each of this town's employees who are members of such system, and for the purpose of providing post retirement death benefits for annuitants whose last covered employment was as an employee of this town, in the amounts and on the terms provided for in V.T.C.A., Government Code §§ 852.004, 854.601-854.605, 855.314, 855.408 and 855.502. (j) The town is hereby authorized and directed to notify the director of the system of adoption of this ordinance, and of the participation of this town in such fund. (k) Pursuant to V.T.C.A., Government Code § 855.407(g), the town hereby elects to make future normal and prior service contributions to its account in the municipal accumulation fund of the system at such combined rate of the total compensation paid by this town to Ordinance 857 Page 9 of 16 employees who are members of the system, as the system's actuary shall annually determine as the rate necessary to fund, within the amortization period determined as applicable to this town under the TMRS Act, V.T.C.A., Government Code § 851.001 et seq., the costs of all benefits which are or may become chargeable to or to be paid out of this town's account in such accumulation fund, regardless of other provisions of the TMRS Act, V.T.C.A., Government Code § 85 1.001 et seq., limiting the combined rate of town contributions. Sec. 2-172. - Retirement system; updated service credits. (a) On the terms and conditions set out in sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended, (hereinafter referred to as the "TMRS Act"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "system") who has current service credit or prior service credit in the system in force and effect on January 1 of the calendar year preceding such allowance, by reason of service in the employment of the Town of Westlake (hereinafter called the "town") and on such date had at least 36 months of credited service with the system, shall be and is hereby allowed "updated service credit" (as that term is defined in subsection (d) of section 853.402 of the TMRS Act). (b) On the terms and conditions set out in section 853.601 of the TMRS Act, any member of the system who is eligible for updated service credits on the basis of service with this town, who has available credit for prior service and/or current service with another participating municipality or municipalities by reason of previous service, and was a contributing member on January 1 of the calendar year preceding such allowance shall be credited with updated service credits pursuant to, calculated in accordance with, and subject to adjustment as set forth in said section 853.601, both as to the initial grant hereunder and all future grants under this section. (c) The updated service credit hereby allowed and provided for shall be 100 percent of the "base updated service credit" of the member (calculated as provided in subsection (c) of section 853.402 of the TMRS Act). (d) Each updated service credit allowed hereunder shall replace any updated service credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (e) The initial allowance of updated service credit hereunder shall be effective on January 1, 2006, subject to approval by the board of trustees of the system. An allowance shall be made hereunder on January 1 of each subsequent year until this section ceases to be in effect under subsection (e) of section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the system has made the determination set forth in subsection (d) of section 853.404 of the TMRS Act. (f) In accordance with the provisions of subsection (d) of section 853.401 of the TMRS Act, the deposits required to be made to the system by employees of the several participating departments on account of current service shall be calculated from and after the effective date of ordinance from which this section derives [January 1, 2006] on the full amount of such person's compensation as an employee of the town. Reserved 2-173 —2-200 Ordinance 857 Page 10 of 16 ARTICLE VI. —FINANCE DIVISION 1. - GENERALLY Sec. 2-201. - Signatures on town checks. All checks of more than $10,000.00 that are drawn on any of the town's accounts require two signatures. Sec. 2-202. - Findings incorporated. The findings set forth in Ordinance No. 661 are incorporated into the body of this section as if fully set forth herein. Sec. 2-203. - Establishment of processing or handling fee. A processing or handling fee of three percent is hereby established to be charged by the town at the point of sale for processing or handling each time a credit card is used to pay a utility bill. For the purposes of this section, a utility bill includes those charges commonly found on a town utility bill, including but not limited to charges associated with water, sewer, trash, storm drainage and optional donations. A processing or handling fee of five percent is hereby established to be charged by the town at the point of sale for processing or handling each time a credit card is used to pay all other municipal fees, fines or other charges. The town council finds that said amounts are reasonably related to the expense incurred by the town in processing or handling the credit card payment. Sec. 2-204. - Establishment of service charge. A service charge in an amount equivalent to that charged for the collection of a check drawn on an account with insufficient funds is hereby established to be charged by the town if, for any reason, a payment by credit card is not honored by the credit card company on which the funds are drawn. Secs. 2-2052-220. - Reserved. DIVISION 2. - FEES AND USE SCHEDULE Sec. 2-221. - Schedule of fees and charges. The fees and use charges authorized by the Town of Westlake Code of Ordinances, and any ordinances approved by the town council whether codified or not, shall be contained within a fees and use schedule that shall be approved by the town council of the Town of Westlake by resolution. Copies of the approved fees and use schedule shall be maintained as a public record in the office of the town secretary and will be available for public inspection and copying during regular business hours. Secs. 2-2222-230. - Reserved. Ordinance 857 Page 11 of 16 ARTICLE VII. - RECORDS MANAGEMENT Sec. 2-231. - Definitions. The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Department head means the officer who by ordinance, or administrative policy is in charge of an office of the municipality that creates or receives records. Director and librarian means the executive and administrative officer of the state library and archives commission. Essential record means any record of the town necessary to the resumption or continuation of its operations in an emergency or disaster, to the re-creation of its legal and financial status, or to the protection and fulfillment of obligations to the people of the state. Municipal record means any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic medium, or other information recording medium, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the town or any of its officers or employees pursuant to law, including an ordinance, or in the transaction of public business. The term does not include: (1) Extra identical copies of documents created only for convenience of reference or research by officers or employees of the town; (2)Notes,journals, diaries, and similar documents, created by an officer or employee of the town for the officer's or employee's personal convenience; (3) Blank forms; (4) Stocks of publications; (5) Library and museum materials acquired solely for the purposes of reference or display; (6) Copies of documents in any media furnished to members of the public to which they are entitled under V.T.C.A., Government Code ch. 552, or other state law; or (7) Any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by V.T.C.A., Government Code § 2009.054(c), associated with a matter conducted under an alternative dispute resolution procedure in which personnel of a state department or institution, local government, special district, or other political subdivision of the state participated as a party, facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution system or organization. Permanent record means any record of the town for which the retention period on a records control schedule is given as permanent. Records control schedule means a document prepared by or under the authority of the records management officer listing the records maintained by the town, their retention periods, and other records disposition information that the records management program may require. Records management means the application of management techniques to the creation, use, maintenance, retention, preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of recordkeeping. The term "records management" includes the development of records control schedules, the management of filing and information retrieval Ordinance 857 Page 12 of 16 systems, the protection of essential and permanent records, the economical and space-effective storage of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management of micrographics and electronic and other records storage systems. Records liaisons means the persons designated under section 2-237. Records management officer means the person designated in section 2-234. Records management plan means the plan developed under section 2-235. Retention period means the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment of certain actions associated with a record, before it is eligible for destruction. Sec. 2-232. - Records declared public property. (a) Municipal records created or received in the transaction of official business or the creation or maintenance of which were paid for by public funds are declared to be public property and are subject to the provisions of this article and V.T.C.A., Government Code § 441.151 et seq. (b) A town officer or employee does not have, by virtue of the officer's or employee's position, any personal or property right to a municipal record even though the officer or employee developed or compiled it. (c) The unauthorized destruction, removal from files, or use of such records is prohibited. Sec. 2-233. - Policy. It is hereby declared to be the policy of the town to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all municipal records through a comprehensive system of integrated procedures for their management from creation to ultimate disposition, consistent with the requirements of the local government records act(V.T.C.A., Local Government Code § 201.001 et seq.) and accepted records management practice. Sec. 2-234. - Designation of records management officer. The town secretary, and the successive holders of such office, shall serve as records management officer for the town. As provided by state law, each successive holder of the office shall file his/her name with the director and librarian of the state library, within 30 days of the initial designation or of taking up the office, as applicable. Sec. 2-235. - Records management plan to be developed; approval; authority. (a) The records management officer shall develop a records management plan for the town for submission to the state library and archives commission. The plan must contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the municipality, and to properly preserve those records of the municipality that are of historical value. The plan must be designed to enable the records management officer to carry out his/her duties prescribed by state law and this article effectively. (b) The records management plan shall be binding on all offices, departments, Ordinance 857 Page 13 of 16 divisions, programs, commissions, bureaus, boards, committees, or similar entities of the town and records shall be created, maintained, stored, microfilmed, or disposed of in accordance with the plan. (c) State law relating to the duties, other responsibilities, or recordkeeping requirements of a department head do not exempt the department head or the records in the department head's care from the application of this article and the records management plan adopted under it and may not be used by the department head as a basis for refusal to participate in the records management program of the town. In addition to other duties assigned in this article or by state law, the records management officer shall: (1) Administer the records management program and provide assistance to department heads in its implementation; (2) Plan, formulate, and prescribe records disposition policies, systems, standards, and procedures; (3) In cooperation with department heads identify essential records and establish a disaster plan to ensure maximum availability of the records in order to reestablish operations quickly and with minimum disruption and expense; (4) Develop procedures to ensure the permanent preservation of the historically valuable records of the town; (5) Establish standards for filing and storage equipment and for recordkeeping supplies; (6) Study the feasibility of and, if appropriate, establish a uniform filing system and a forms design and control system for the town; (7) Provide records management advice and assistance to all municipal departments by preparation of manuals of procedure and policy and on-site consultation; (8) Monitor records retention schedules and administrative rules issued by the state library and archives commission to determine if the records management program and the municipality's records control schedules are in compliance with state regulations; (9) Disseminate to the town council and department heads information concerning state laws and administrative rules relating to local government records; (10) Instruct record liaisons and other personnel in policies and procedures of the records management plan and their duties in the records management program; (11) Instruct records liaisons and other personnel in the conduct of records inventories; (12) Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of the records of the town are carried out in accordance with the policies and procedures of the records management program and the requirements of state law; (13) Maintain records on the volume of records destroyed under approved records control schedules or through records destruction authorization requests, the volume of records microfilmed or stored electronically, and the estimated cost and space savings as the result of such disposal or disposition; (14) Bring to the attention of the town council noncompliance with the policies and procedures of the records management program or the local government records act. Sec. 2-236. - Duties and responsibilities of department heads. In addition to other duties assigned in this article, department heads shall: (1) Cooperate with the records management officer in carrying out the policies and procedures established for the efficient and economical management of records and in carrying out the requirements of this article; (2) Adequately document the transaction of government business and the services, programs, and duties for which the department head and his or her staff are responsible; and (3) Maintain the records in his or her care and carry out their preservation, Ordinance 857 Page 14 of 16 microfilming, electronic storage, destruction, or other disposition only in accordance with the policies and procedures of the records management program and the requirements of this article. Sec. 2-237. - Designation of records liaisons. Each department head shall designate a member of his or her staff to serve as records liaison officer for the implementations of the records management program in the department. If the records management officer determines that in the best interests of the records management program more than one records liaison officer should be designated for a department, the department head shall designated the number of records liaison officers specified by the records management officer. Persons designated as records liaison officers shall be thoroughly familiar with all the records created and maintained by the department and shall have full access to all records of the records maintained by the department. In the event of the resignation, retirement, dismissal, or removal by action of the department head of a person designated as a records liaison officer, the department head shall promptly designated another person to fill the vacancy. A department head may serve as records liaison officer for his or her department. Sec. 2-238. - Duties and responsibilities of records liaisons. In addition to other duties assigned in the article, records liaisons shall: (1) Conduct or supervise the conduct of inventories of the records of the department in preparation for the development of records control schedule; (2) In cooperation with the records management officer coordinate and implement the policies and procedures of the records management program in their departments; and (3) Disseminate information to department staff concerning the records management program. Sec. 2-239. - Records control schedules to be developed; approval; filing with state. (a) The records management officer shall prepare records control schedules listing all records series created or received and the retention period of each series. Records control schedules shall also contain such other information regarding the disposition of records as the records management plan or state law may require. (b) The records management officer shall review the records control schedules of the town and prepare amendments to the schedules as needed to reflect new records created or received by the town or revisions to retention periods established in a records retention schedule issued by the state library and archives commission. Amendments to records control schedules shall be filed with the director and librarian in the same manner as the original schedules. (c) The records management officer shall submit the records control schedules to the director and librarian, who must accept them for filing, as provided by state law, before their implementation. If a schedule is not accepted for filing, the schedule shall be amended to make it acceptable for filing. Sec. 2-240. - Implementation of records control schedules; destruction of records under schedule. (a) A records control schedule that has been approved and adopted under section 2-210 shall be implemented according to the policies and procedures of the records management plan. (b) A record whose retention period has expired on a records control schedule shall be destroyed unless an open records request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or there is a request in writing to the records management officer that the record be retained for an additional period. (c) Prior to the destruction of a record under an Ordinance 857 Page 15 of 16 approved records control schedule, authorization for the destruction must be obtained by the records management officer. Sec. 2-241. - Destruction of unscheduled records. A record that has not yet been listed on an approved records control schedule may be destroyed if its destruction has been approved in the same manner as a record destroyed under an approved schedule and the records management officer has submitted to and received back from the director and librarian an approved destruction authorization request. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 181h DAY OF JUNE 2018 ATTEST: �j Zi_JZ1 F Laura Wheat, Mayor KeO Edwat' , Town Secretary BEST APPROV - AS ORM: : * !&� /✓ i' 0 : omas E. Bmer, own anager L. anto own Attorn •• 5 T•E��� Ordinance 857 Page 16 of 16