CHAPTER 2.47: BOROUGHWIDE RECORDS MANAGEMENT PROGRAM
Section
2.47.020 Policy and regulations
2.47.030 Definition of borough records
2.47.040 Ownership of borough records
2.47.050 Accountability and responsibilities
2.47.060 Records retention and destruction
2.47.010 PURPOSE.
(A) The purpose of this chapter is to establish a boroughwide records and information program for borough records to improve the efficiency of record keeping and ensure accountability and other obligations relating to records and information management. The program ensures that borough employees are able to identify, store, and retrieve records while complying with regulatory, legal, and operational requirements. The program ensures that records that have outlived their usefulness are destroyed, those records that may be useful for future reference are retained appropriately and stored economically, and that the cost of record keeping is minimized.
(Ord. 16-069, § 2, 2016: Ord. 06-100(AM), § 2 (part), 2006)
2.47.020 POLICY AND REGULATIONS.
(A) It is hereby declared to be a policy to develop and implement a boroughwide records and information program for the management of borough records. The program includes the systematic control of records from their creation or receipt, through their processing, distribution, organization, storage, and retrieval to their ultimate disposal.
The program is composed of:
(1) records inventory and classification;
(2) retention scheduling;
(3) records storage and conversion;
(4) vital records program;
(5) disaster prevention and recovery;
(6) disposition;
(7) training;
(8) the development of policies and procedures to implement the program consistent with the requirements of AS 29.20.380(a)(4) and MSB 2.25.010(A)(4), and industry accepted records and information management practices.
(9) Tools for maintaining and using records include records schedules, file plans, indexes, controlled vocabularies, taxonomies, records management software, and access and security procedures.
(B) The Matanuska-Susitna Borough has financial, business, legal, and historical records. In the case of state and federal regulations, retention times may be specified within the regulations.
(C) Those records defined as confidential or privileged records are defined in borough code or state and federal regulations.
(D) Whenever possible, one record is the official record. An electronic record may be the official record.
(Ord. 16-069, § 3, 2016: Ord. 06-100(AM), § 2 (part), 2006)
2.47.030 DEFINITION OF BOROUGH RECORDS.
(A) “Records” means any document, paper, book, letter, drawing, map, plat, photo, photographic file, motion picture film, microfilm, microphotograph, exhibit, magnetic or paper tape, punch card, electronic record, or other document of any other material, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business and preserved or appropriate for preservation by an agency or a political subdivision, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the borough or because of the informational value in them.
(B) The term does not include library and museum material developed or acquired and preserved solely for reference, historical, or exhibition purposes, extra copies of documents preserved solely for convenience of reference, stocks of publications, or processed documents.
(Ord. 16-069, § 4, 2016: Ord. 06-100(AM), § 2 (part), 2006)
2.47.040 OWNERSHIP OF BOROUGH RECORDS.
(A) All borough records regardless of whether public access to them is open or restricted under the laws of the state or borough are hereby declared the property of the borough and shall be created, maintained, and disposed of in accordance with the provisions of this chapter and procedures authorized by it and in no other manner.
(B) No borough official or employee has, by virtue of their position, any personal or property right to such records even though they may develop or compile them. The unauthorized destruction, removal from files, or use of such records is prohibited. Employees departing the borough are required to leave all records for their successors. The borough may initiate actions to recover records unlawfully removed from borough possession.
(Ord. 16-069, § 5, 2016: Ord. 06-100(AM), § 2 (part), 2006)
2.47.050 ACCOUNTABILITY AND RESPONSIBILITIES.
(A) Overall accountability for the borough records and information management program lies with the borough clerk as directed by state statute and borough code.
(B) Responsibilities are as follows:
(1) Assembly. Serves as the executive body that endorses the records and information management program.
(2) Borough Manager. Has responsibility to ensure that all borough department directors and employees observe all requirements of this chapter, AS 40.21, and the records and information management policy and procedures.
(3) Borough Clerk. Serves at the appointment of the assembly, to provide central leadership and oversight of the records and information management program per AS 29.20.380, MSB 2.25.010, and this chapter; as well as approves the records and information management policy and procedures and any software used to manage borough records.
(4) Records Management Officer. Serves as the designee of the clerk to create, implement, and manage the records and information management program and ensures that its processes are achieved through the development of policy, procedures, training, and continuous improvement; as well as identifying and interpreting regulatory requirements, including retention schedule requirements, and authorizes destruction of borough records.
(5) Borough Attorney. Reviews retention schedules for legal compliance, notifies appropriate employees of litigation holds and releases for borough records upon potential suspicion of litigation, or subpoena of borough records. Responsible for notification and decisions regarding holds and releases and authorizes destruction of borough records.
(6) Department Directors. Responsible for ensuring that their staff create and keep records as an integral part of their work and in accordance with established policies, procedures, and standards. They provide the resources necessary for the management of records and communicate with the records team on all aspects of the program. Responsible for designating records coordinators for their department and divisions, as well as authorizing destruction of department records.
(7) Record Coordinators. Provide coordination and communication between the records management officer and personnel in their department for compliance with the provisions of the records and information management program. Assist with their departmental records, both active and inactive, in the records management software for the life cycle of the record. Also serves as the spokespersons for the records and information program for their department and shall inform their department’s management of any updates or changes to the records and information program.
(8) Borough Employees and Contracted Agents. Required to comply with the records and information management program established in this chapter. All borough employees and contractors have the responsibility to ensure that the records they create and receive are managed in accordance with the policies and procedures and in accordance with this chapter.
(9) Records Management Steering Committee. A committee with a member from administration, law, finance, records, and information technology, to review and approve any changes to the records retention schedule for the borough on a regular basis to ensure compliance with record retention schedules issued by the state and federal regulations, and that it continues to reflect the needs of the departments annually. The committee will also work with information technology and departments to incorporate records management requirements when purchasing and implementing existing and new software or enterprise applications to ensure records and information compliance.
(Ord. 16-069, § 6, 2016: Ord. 06-100(AM), § 2 (part), 2006)
2.47.060 RECORDS RETENTION AND DESTRUCTION.
(A) The records management officer in cooperation with department directors or designee shall prepare a record classification plan listing all record categories created or received by the department and assign a retention schedule for each category. The retention schedules shall contain the following information:
(1) name of record series;
(2) vital record;
(3) retention period;
(4) authority;
(5) review date; and
(6) disposition date.
(B) Prior to destruction of a record under the approved retention schedule, the department director, attorney, and records management officer will review the records for destruction.
(C) A record whose retention period has expired on a record retention schedule shall be destroyed unless:
(1) an open records request is pending on the record, the subject matter of the record is pertinent to a pending lawsuit and identified by the borough attorney; or
(2) the department director requests in writing to the clerk that the record be kept for an additional period for good cause.
(D) The records management officer or designee verifies proper destruction of the records and certifies records destruction.
(Ord. 16-069, § 6, 2016: Ord. 09-048, § 2, 2009; Ord. 06-100(AM), § 2 (part), 2006)
2.47.070 AUDIT.
(A) A periodic audit will be conducted of the records and information management program by an outside records management consultant. The overall purpose of the records and information management audit is to provide information about the efficiency and effectiveness of the records and information management program as a whole and of the individual functions that make up the system.
(B) Upon completion of the audit, the records management officer will report the audit findings to the assembly regarding the records management status in each department. The report will include summaries of the statistical and fiscal data complied.
(Ord. 16-069, § 6, 2016: Ord. 06-100(AM), § 2 (part), 2006)