Legal Documents of Baneberry

Code of Baneberry

Table of Contents » Title 20 Miscellaneous » Chapter 1 Public Records » § 20-101 Records management.
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Title 20
20-1
Title 20, Chapter 1
20-101
§ 20-101
Baneberry
Title 20 : Miscellaneous
Chapter 1 : Public Records

20-101 : Records management.

  1. Records management responsibility rests with the city recorder under the supervision of the city manager as provided by the city charter, Tennessee Code Annotated, § 6-21-404 - Records; custody and preservation.
  2. The following positions are charged with establishing and maintaining up-to-date, efficient, and effective records systems: city manager, city recorder, city court clerk, police chief, fire chief, parks and recreation director, planning commissioner, roads commissioner, and others as may be authorized by the board of commissioners or the city manager.
  3. All city records shall be classified and handled as either: working papers, temporary records, or permanent records as detailed in § 20-106.
  4. To the maximum extent possible, records shall be grouped, maintained and stored by fiscal year, excluding those records that are bound in a continuous chronological or sequential order such as ordinances, resolutions, minutes, financials, or records that require alternative or unique filing methods to fulfill their daily or routine use requirements.
  5. All city records deemed "confidential" shall be stored in envelopes or file folders so marked; and kept in a locked, file storage except when in use.

    1. Any record that is classified or designated as confidential must be treated as confidential throughout the maintenance, storage and disposition of the record.
    2. Confidential records shall not be left unattended and unsecured.
    3. Confidential records, if eligible for destruction, shall be destroyed in such a manner that the record cannot be read, interpreted or reconstructed.
    4. Information that would allow a person to obtain unauthorized access to confidential information or to government property shall be maintained as confidential, (e.g., contingency and security plans, security codes, passwords, combinations, records directly relate to the security of government buildings, etc.)
    5. Tennessee Code Annotated, § 47-18-2901 requires municipalities to create safeguards to ensure the security of personal information on laptop computers. Failure to comply with this requirement creates a cause of action against the municipality if identity theft results.

    6. Tennessee Code Annotated, § 47-18-2107 requires any holder of computerized personal information that is confidential to disclose any breach of the security of the system to any resident of Tennessee whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person.

      If the information holder does not own the personal data, the holder must also notify the owner or licensee of the breach immediately following the discovery. Disclosures must be made without unreasonable delay.

    7. Section 20-107 provides a partial listing of records deemed by the state to be "confidential." If in doubt, records managers shall seek classification assistance from the applicable state office, the Municipal Technical Advisory Service (MTAS), or the city attorney.
  6. All records shall be tagged or marked, prior to filing, storage, or disposal with an applicable retention date or status as defined in the most current edition of Tennessee's Record Retention Schedules, published and provided by the Municipal Technical Advisory Service (MTAS) in accordance with Tennessee Code Annotated, § 10-7-701.
  7. All records that have become inactive shall be boxed, labeled, and moved to the inactive records storage area in city hall.

    1. Determination of how long office records remain in "active" use is based upon usage history; available active storage resources; and the operating procedures of the office, department, commission, etc.
    2. Prior to moving records to inactive storage, the authorized records manager shall remove and properly dispose of records that do not require long term or permanent retention in accordance with the Tennessee retention schedules.
  8. All ratified (i.e., officially accepted, signed and dated) meeting minutes of all city departments, commissions and special/ad hoc work groups shall be bound chronologically and retained in separate "collections" and retained in Baneberry's city hall. These are "permanent records" and should be the original signed document.
  9. All ratified (i.e., officially read, accepted, signed and dated) city ordinances and resolutions of the Baneberry Board of Commissioners shall be bound chronologically and retained in Baneberry's city hall offices. These are "permanent records." Ordinances and resolutions shall be bound in separate "collections."
  10. All permanent city records, not currently available in a readable digital format, should be scanned, digitally archived and stored in a board of commissioner's authorized facility that provides safety and environmental security for such storage, (e.g., off-site fireproof safe; off-site fireproof filing cabinet; safety deposit box, etc.)
  11. The city recorder and/or city manager shall ensure that all Baneberry employees, authorized volunteers, and city officials responsible for city records are indoctrinated on this policy and trained to properly create, use, manage, file, and dispose of city records. (Ord. #215-1, June 2015)