CPC - OFFICE MANAGEMENT: RECORDS MANAGEMENT PROGRAM
DEFINITION
Within this policy:
- "record" means any written photographic, machine-readable,
or other recorded information created, or received, by, or on behalf,
of TSBVI that documents activities in the conduct of state business,
or use of public resources. The term does not include library, or museum,
material made, or acquired and maintained solely for reference, or exhibition
purposes; an extra copy of recorded information maintained only for reference;
or a stock of publications, or blank forms.
- "confidential state record" means any state record to which
public access is, or may be restricted, or denied under Texas Government
Code Chapter 552, or other state, or federal, law.
- "vital state record" means any record necessary to the resumption,
or continuation, of state agency operations in an emergency, or disaster;
the recreation of the legal and financial status of the agency; or the
protection and fulfillment of obligations to the people of the State.
Government Code 441.180(4), (11), (13)
RESPONSIBILITIES SUPERINTENDENT
The Superintendent shall have the following responsibilities related to TSBVI
records:
- Establish and maintain a records management program on a continuing and
active basis;
- Create and maintain records containing adequate and proper documentation
of TSBVI's organization, functions, policies, decisions, procedures,
and essential transactions of TSBVI designed to furnish information to
protect the financial and legal rights of the state, and any person affected
by the activities of TSBVI.
- Make certain that all TSBVI records are passed to the Superintendent's
successor.
- Identify and take adequate steps to protect confidential and vital state
records.
- Cooperate with the Texas State Library and Archives Commission in the
conduct of State Agency Records Management Surveys; and
- Cooperate with the Texas State Library and Archives Commission, the chief
executive and administrative officer of the Texas State Library and Archives
Commission, and any designees of thereof, in fulfilling their responsibilities
under Chapter 441, Subchapter L of the Texas Government Code.
Government Code 441.183
RECORDS MANAGEMENT OFFICER
The Superintendent designates the Director of Accounting as the TSBVI Records
Management Officer who shall perform the following duties:
- Administer the TSBVI records management program.
- Assist the Superintendent in fulfilling all of the Superintendent's
duties under rules adopted pursuant to Chapter 441, Subchapter L of the
Texas Government Code.
- Disseminate to TSBVI employees information concerning state laws, administrative
rules, and TSBVI policies and procedures relating to the management of
state records.
- Fulfill all duties required of records management officers under Chapter
441, Subchapter L of the Texas Government Code.
The Director of Accounting shall continue to serve in that capacity until
he/she ceases employment with TSBVI; the Superintendent chooses to act as
the records management officer for TSBVI; or the Superintendent appoints
another person as the records management officer.
Government Code 441.184
DEPARTMENTAL RECORDS CUSTODIANS
The following TSBVI administrators shall serve as Departmental Records Custodians
for the records in their respective departments:
- Superintendent
- Director for Business, Operations and Technology
- Principals
- Director of School and Student Services
- Outreach Director
The Departmental Records Custodians shall:
- Cooperate with the Records Management Officer in carrying out this policy
and any procedures implementing this policy; and
- Maintain the records in their care and carry out the preservation, microfilming,
destruction, or other disposition of the records in accordance with this
policy and any procedures implementing this policy.
MICROFILMING
The Records Management officer may designate a photographic reproduction of
any TSBVI records as an original record for all legal purposes, even though
the record is current. The Records Management Officer may transfer the replaced
record to the director of the records management division of the Texas State
Library who has the responsibility of issuing a receipt for the record to
the Records Management Officer.
Government Code 441.188
ELECTRONIC RECORDS
Electronic records used for official TSBVI business are state records and
must comply with records management requirements.
Government Code 441.189
FEDERAL INVESTIGATIONS AND BANKRUPTCY
Anyone who knowingly alters, destroys, mutilates, conceals, covers up, falsifies,
or makes a false entry in any record, document, or tangible object with the
intent to impede, obstruct, or influence the investigation or proper administration
of any matter within the jurisdiction of any department or agency of the
United States or any bankruptcy case, or in relation to or contemplation
of any such matter or case, shall be fined, imprisoned not more than 20 years,
or both.
18 U.S.C. 1519
PRESERVATION OF RECORDS
The Board shall determine a time for which information that is not currently
in use will be preserved, subject to any applicable rule or law governing
the destruction and other disposition of public information.
Gov't Code 552.004
The Board shall preserve the certified agenda or tape recording of a closed
meeting for at least two years after the date of the meeting. If an action
involving the meeting is brought within that period, the certified agenda
or tape recording shall be preserved while the action is pending.
Gov't Code 551.104(a)
Adopted: 1/11/83
Amended: 1/14/97, 1/23/98, 5/28/03, 3/23/07, 11/16/07
Reviewed:
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