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HomeMy WebLinkAboutApril 14,2009 Special Joint Session with MUD 2 PacketTown of Trophy Club Municipal Utility District No.1 Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Tuesday, April 14, 2009 8:00 P.M. A.1 Call to Order and Announce a Quorum. A.2 Public Comments or Presentations. B.1 Discuss and take appropriate action concerning funding for the New Fire Station. B.2 Discuss and take appropriate action regarding pending litigation by MUD2 and MUD1 against Town of Trophy Club. B.3 Discuss and take appropriate action regarding Ordinance 2009-0414, establishing Mary Moore as Records Management Officer for the District (MUD 1 and MUD 2). E.1 Closed meeting of the Board of Directors in accordance with Section 551.071 Tex. Gov. Code: Adjourn into closed meeting for the Board to conduct a private consultation with attorneys for MUD1 and MUD2 on the following matters in which the duty of the attorney to the District under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act: To seek advice of the attorney about a. Receive Legal Advice regarding funding of New Fire Station b. Seek legal advice about pending litigation by MUD2 and MUD1 against Town of Trophy Club F.1 Discuss and take appropriate action regarding discussions held in Closed Session. F.2 Adjourn. MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 4-14-2009 Subject: Agenda Item No.A.1 Call to Order and Announce a Quorum. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District#1 Date: 4-14-2009 Subject: Agenda Item No.A.2 Public Comments or Presentations. (mm) MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District 1 Date: 4-14-2009 Subject: Agenda Item No.B.2 Discuss and take appropriate action regarding pending litigation by MUD2 and MUD1 against Town of Trophy Club. EXPLANATION: MUNICIPAL UTILITY DISTRICT #1 From: The Office of the Municipal Utility District 1 Date: 4-14-2009 Subject: Agenda Item No.B.3 Discuss and take appropriate action regarding Ordinance 2009-0414, establishing Mary Moore as Records Management Officer for the District (MUD 1 and MUD 2). EXPLANATION: Currently there is one Records Management Officer (Shannon DePrater) over the MUDs and the Town records. She has the administrative authority to administer the Records Retention Schedule. The Town has stated that in order to simplify, if we are going to operate with one Records Management Officer, we (MUDs and Town) should all be under one Records Retention Schedule. The Town has requested a change to the Town and MUDs’ Retention Schedules. This request did NOT come before the Board or District Manager Scott prior to being submitted. The Town believes that if the request is approved by the State, that request should also apply to MUD records. We believe it is in our best interest and that it is prudent for the District to have its own Records Management Officer separate from the Town. RECOMMENDATION: Staff recommends approval of Order 2009-0414 for MUD 1 and Order 2009-0414 for MUD 2. (mm) Attachments: 1. Order 2009-0414 for MUD 1 2. Order 2009-0414 for MUD 2 TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 1 ORDER NO. 2009-0414 AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1, (the “DISTRICT”) REPEALING ORDER NO. 2007-0306, ESTABLISHING A RECORDS MANAGEMENT PROGRAM, AND ADOPTING A NEW ORDER BY DESIGNATING THE TROPHY CLUB MUD SECRETARY AND SUCCESSIVE HOLDERS AND DESIGNEES OF THAT POSITION AS THE RECORDS MANAGEMENT OFFICER FOR THE DISTRICT; REQUIRING THE DEVELOPMENT OF A RECORDS MANAGEMENT PLAN UNDER THE DIRECTION OF THE DISTRICT MANAGER; AND REQUIRING SUBMISSION OF THE PLAN TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 BOARD OF DIRECTORS (“BOARD OF DIRECTORS”) FOR APPROVAL; SPECIFYING DUTIES OF THE RECORDS MANAGEMENT OFFICER AND OTHER REGULATIONS RELATED TO THE MAINTENANCE, DESTRUCTION, AND STORAGE OF RECORDS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Trophy Club Municipal Utility District No. 1 (the “District”) is a Municipal Utility District operating pursuant to Chapter 54 of the Texas Water Code; and WHEREAS, the District’s Board of Directors (“Board of Directors”), as the governing body of the Municipal Utility District, is charged with establishing and maintaining a program for the efficient and economical management of all local government records; and WHEREAS, the Board of Directors is required to cause policies and procedures to be developed for the administration of a Records Management Program under the direction of a Records Management Officer; and WHEREAS, Chapter 203 of the Texas Local Government Code establishes duties of the Records Management Officer and requires the Board of Directors to prescribe rules and procedures for the establishment and operation of the records management program; and WHEREAS, the Board of Directors has determined that the Trophy Club MUD Secretary shall serve as the Records Management Officer for the District, and a Records Management Plan for the District shall be developed under the direction of the District Manager. NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 1. Policy A. It is hereby declared to be the policy of the District to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition of all district records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted Records Management Practice. 2. Definitions A. Commission: The Texas State Library and Archives Commission. B. Custodian of Records: The appointed public officer(s) who by Order or administrative policy is in charge of an office that creates or receives local government records. C. Director and Librarian: The executive and administrative officer of the Texas State Library and Archives Commission. D. Essential Record: Any local government record of the District necessary to the resumption or continuation of operations of the District in an emergency or disaster, to the re-creation of the legal and financial status of the District, or to the protection and fulfillment of obligations to the people of the state. E. District Record: Any documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnet tape, electronic media, or other information recordings media, 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 District or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the District and shall be created, maintained, and disposed of in accordance with the provisions of this Order or procedures authorized by it and in no other manner. 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 District; 2. Notes, journals, diaries, and similar documents created by an officer or employee of the District 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 Chapter 552, Government Code, or other state law; or 7. Any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by Section 2009.054(c), Government Code, 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. F. Permanent Records: Or “Record of Permanent Value” means any record of the District for which the retention period on a Records Retention Schedule issued by the Texas State Library and Archives Commission is given as permanent. G. Records Control Schedule: A document prepared by or under the authority of the Records Management Officer listing the records maintained by the District, their retention periods, and other records disposition information that the District’s Records Management Program may require. H. Records Management: 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 includes the development of Records Control Schedules, the management of filing and information retrieval 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. I. Records Liaison Officers: The persons designated by the District Manager to interface with other departments, “Master District,” and Town, and the public and to perform such other duties as assigned. J. Records Management Officer: The person or position designated in this Order as the Records Management Officer and his or her successor. K. Records Management Plan: A plan developed under Section 5 of this Order. L. Records Retention Schedule: A document issued by the Texas State Library and Archives Commission under authority of the Texas Government Code, as amended, establishing mandatory retention periods for local government records. M. Retention Period: The minimum time that must pass after the creation, recording, or receipt of a record, or fulfillment of certain actions associated with a record, before it is eligible for destruction. 3. District Records Declared Public Property A. All District Records as defined in this Order are hereby declared to be the property of the District. No District official or employee has, by virtue of his or her position, any personal or property right to such records even through he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. 4. Designation of Records Management Officer A. The Trophy Club MUD Secretary, and successive holders and designees of said position, shall serve as Records Management Officer. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty (30) days of the initial designation or of taking up the office, as applicable. The Board of Directors designation of the name, office, or position of the Records Management Officer shall be entered into the minutes of the District’s meeting at which such designation is made. 5. Records Management Plan to be Developed; Approval of Plan; Authority of Plan A. The Records Management Officer, under the direction of the District Manager, shall develop a Records Management Plan for the District for submission to and approval by the Board of Directors. The plan shall be adopted by Order and must provide methods and procedures to enable the Board of Directors, Custodian of Records, and Records Management Officer to fulfill the duties and responsibilities set out in the Texas Local Government Code, Sections 203.021, 203.022, and 203.023, as amended, concerning the management and preservation of records. A copy of the Order shall be filed by the Records Management Officer with the Director and Librarian within thirty (30) days after the date of its adoption. The plan shall also contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the District, and to properly preserve those records of the District that are of historical value. The plan must be designed to enable the Records Management Officer to carry out his or her duties prescribed by state law and this Order effectively. B. Once approved by the Board of Directors, the Records Management Plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the District and records shall be created, maintained, stored, microfilmed. C. State law relating to the duties, other responsibilities, or recordkeeping requirements of a Custodian of Records does not exempt him or her or the records in his or her care from the application of this Order and the Records Management Plan adopted under it, nor may it be used by the Custodian of Records as a basis for refusal to participate in the Records Management Program of the District. 6. Duties of Records Management Officer A. In addition to other duties assigned in this Order and state law, the Records Management Officer shall: 1. Assist in establishing and developing policies and procedures for a Records Management Program; and 2. Administer the Records Management Program and provide assistance to Staff for the purposes of reducing the costs and improving the efficiency of recordkeeping; and 3. In cooperation with the Custodian of Records shall: a. Prepare and file the records control schedules and amended schedules required by Section 203.041 and the list of obsolete records as provided by Section 203.044 as amended, of the Texas Local Government Code; and b. Prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by this Order; and c. Identify and take adequate steps to preserve District Records that are of permanent value; and d. Identify and take adequate steps to protect essential District Records; and e. Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of records is carried out in accordance with the policies and procedures of the District’s Record Management Program and the requirements of state law, including rules and policies adopted under that Program; and f. Disseminate to the Board of Directors and Custodians of Records information concerning state laws, administrative rules, and the policies of the District relating to District records; and g. Establish procedures to ensure that the handling of records in any context of the Records Management Program by the Records Management Office or those under the officer’s authority is carried out with due regard for: i. The duties and responsibilities of Custodians that may be imposed by law; and ii. The confidentiality of information in records to which access is restricted by law. 7. Records Control Schedules to be Developed; Approval; Filing with State A. The Records Management Officer, acting under the direction of the District Manager, shall prepare Records Control Schedules on a department-by-department basis, listing all records created or received by the department, and the retention period for each record. Records Control Schedules shall also contain such other information regarding the disposition of District Records as the Records Management Plan may require. B. Each Records Control Schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the Records Management Program of the District. C. Before its adoption, a Records Control Schedule or amended schedule for a department must be approved by the District Manager. D. Before its adoption, a Records Control Schedule must be submitted and accepted for filing by the Director and Librarian as provided by state law. If a Schedule is not accepted for filing, the Schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the Records Control Schedules to the Director and Librarian. 8. Implementation of Records Control Schedules; Destruction of Records Under Schedule A. A Records Control Schedule for a department that has been approved and implemented in accordance with 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 lawsuit, or a department head requests 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 approved Records Control Schedule, authorization for the destruction must be obtained by the Records Management Officer from the District Manager. 9. Destruction of Unscheduled Records A. 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. 10. Records Center A. A records center, developed pursuant to the plan required by this Order, shall be under the direct control and supervision of the Records Management Officer. Policies and procedures regulating the operations and use of the records center shall be contained in the Records Management Plan developed hereunder. 11. Alternative Storage Methods A. All electronic, digital or other storage of records authorized under the Records Management Plan shall be centralized and under the direct supervision of the Records Management Officer. The Records Management Plan shall establish policies and procedures for the storage of District Records, including policies to ensure that any alternative storage method is utilized in accordance with standards and procedures for the District Records established in rules of the Texas State Library and Archives Commission. The plan shall also establish criteria for determining the eligibility of records for alternative storage methods and protocols for exempting records from the centralized process; provided however, that exempted records are still subject to periodic review by the Records Management Officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules SECTION 3. SAVINGS AND REPEALER That this Order shall be cumulative of all other Orders of the District affecting Records Management and shall not repeal any of the provisions of such Orders except in those instances where provisions of those Orders are in direct conflict with the provisions of this Order and all other provisions of the Orders of the District, not in conflict with the provisions of this Order, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Order has been initiated or has arisen under or pursuant to such repealed Order shall continue to be governed by the provisions of that Order and for that purpose the Order shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Order, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Order, and the Board of Directors hereby declare it would have passed such remaining of the Order despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Order shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 1, this the 14th day of April, 2009. _______________________________ President Trophy Club Municipal Utility District No. 1 ATTEST: _________________________________________ Secretary Trophy Club Municipal Utility District No. 1 [SEAL] APPROVED AS TO FORM: _________________________________________ Attorney Trophy Club Municipal Utility District No. 1 TROPHY CLUB MUNICIPAL UTILITY DISTRICT No. 2 ORDER NO. 2009-0414 AN ORDER OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2, (the “DISTRICT”) REPEALING ORDER NO. 2007-0228, ESTABLISHING A RECORDS MANAGEMENT PROGRAM, AND ADOPTING A NEW ORDER BY DESIGNATING THE TROPHY CLUB MUD SECRETARY AND SUCCESSIVE HOLDERS AND DESIGNEES OF THAT POSITION AS THE RECORDS MANAGEMENT OFFICER FOR THE DISTRICT; REQUIRING THE DEVELOPMENT OF A RECORDS MANAGEMENT PLAN UNDER THE DIRECTION OF THE DISTRICT MANAGER; AND REQUIRING SUBMISSION OF THE PLAN TO THE TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2 BOARD OF DIRECTORS (“BOARD OF DIRECTORS”) FOR APPROVAL; SPECIFYING DUTIES OF THE RECORDS MANAGEMENT OFFICER AND OTHER REGULATIONS RELATED TO THE MAINTENANCE, DESTRUCTION, AND STORAGE OF RECORDS; PROVIDING FOR THE INCORPORATION OF PREMISES; PROVIDING A SAVINGS AND REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Trophy Club Municipal Utility District No. 2 (the “District”) is a Municipal Utility District operating pursuant to Chapter 54 of the Texas Water Code; and WHEREAS, the District’s Board of Directors (“Board of Directors”), as the governing body of the municipal utility district, is charged with establishing and maintaining a program for the efficient and economical management of all local government records; and WHEREAS, the Board of Directors is required to cause policies and procedures to be developed for the administration of a Records Management Program under the direction of a Records Management Officer; and WHEREAS, Tex. Water Code Ann. §49.199 requires that the Board of Directors adopt certain policies and procedures in writing; and WHEREAS, the Board of Directors has determined that the Trophy Club MUD Secretary shall serve as the Records Management Officer for the District, and a Records Management Plan for the District shall be developed under the direction of the District Manager. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 2: SECTION 1. INCORPORATION OF PREMISES That the above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. AMENDMENT 1. Policy A. It is hereby declared to be the policy of the District to provide for efficient, economical, and effective controls over the creation, distribution, organization, maintenance, use, and disposition or all municipal records through a comprehensive system of integrated procedures for the management of records from their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records Act and accepted Records Management Practice. 2. Definitions A. Commission: The Texas State Library and Archives Commission. B. Custodian of Records: The appointed public officer(s) who by Order or administrative policy is in charge of an office that creates or receives local government records. C. Custodian of Records: The appointed public officer(s) who by Order or administrative policy is in charge of an office that creates or receives local government records. D. Director and Librarian: The executive and administrative officer of the Texas State Library and Archives Commission. E. Essential Record: Any local government record of the District necessary to the resumption or continuation of operations of the District in an emergency or disaster, to the re-creation of the legal and financial status of the District, or to the protection and fulfillment of obligations to the people of the state. F. Municipal Utility District Record: Any documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnet tape, electronic media, or other information recordings media, 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 District or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the District and shall be created, maintained, and disposed of in accordance with the provisions of this Order or procedures authorized by it and in no other manner. 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 District; 2. Notes, Journals, diaries, and similar documents created by an officer or employee of the District for the officers’ 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 Chapter 552, Government Code, or other state law; or 7. Any records, correspondence, notes, memoranda, or documents, other than a final written agreement described by Section 2009.054(c), Government Code, 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. G. Permanent Records: Or “Record of Permanent Value” means any record of the District for which the retention period on a Records Retention Schedule issued by the Texas State Library and Archives Commission is given as permanent. H. Records Control Schedule: A document prepared by or under the authority of the Records Management Officer listing the records maintained by the District, their retention periods, and other records disposition information that the District’s Records Management Program may require. I. Records Management: 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 includes the development of Records Control Schedules, the management of filing and information retrieval 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. J. Records Liaison Officers: The persons designated by the District Manager to interface with other departments, “Master District” and Town, and the public and to perform such other duties as assigned. K. Records Management Officer: The person or position designated in this Order as the Records Management Officer and his or her successor. L. Records Management Plan: A plan developed under Section 7 of this Order. M. Records Retention Schedule: A document issued by the Texas State Library and Archives Commission under authority of the Texas Government Code, as amended, establishing mandatory retention periods for local government records. N. Retention Period: The minimum time that must pass after the creation, recording, or receipt of a record, or fulfillment of certain actions associated with a record, before it is eligible for destruction. 3. Municipal Records Declared Public Property A. All Municipal Utility District Records as defined in this Order are hereby declared to be the property of the District. No municipal official or employee has, by virtue of his or her position, any personal or property right to such records even through he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. 4. Designation of Records Management Officer A. The Trophy Club MUD Secretary, and successive holders and designees of said position, shall serve as Records Management Officer for the District. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty (30) days of the initial designation or of taking up the office, as applicable. The Board of Directors designation of the name, office, or position of the Records Management Officer shall be entered into the minutes of the District’s meeting at which such designation is made. 5. Records Management Plan to be Developed; Approval of Plan; Authority of Plan A. The Records Management Officer, under the direction of the District Manager, shall develop a Records Management Plan for the District for submission to and approval by the Board of Directors. The plan shall be adopted by Order and must provide methods and procedures to enable the Board of Directors, Custodian of Records, and Records Management Officer to fulfill the duties and responsibilities set out in the Texas Local Government Code, Sections 203.021, 203.022, and 203.023, as amended, concerning the management and preservation of records. A copy of the Order shall be filed by the Records Management Officer with the Director and Librarian within thirty (30) days after the date of its adoption. The plan shall also contain policies and procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately protect the essential records of the District, and to properly preserve those records of the District that are of historical value. The plan must be designed to enable the Records Management Officer to carry out his or her duties prescribed by state law and this Order effectively. B. Once approved by the Board of Directors, the Records Management Plan shall be binding on all offices, departments, divisions, programs, commissions, bureaus, boards, committees, or similar entities of the District and records shall be created, maintained, stored, microfilmed. C. State law relating to the duties, other responsibilities, or recordkeeping requirements of a Custodian of Records does not exempt him or her or the records in his or her care from the application of this Order and the Records Management Plan adopted under it, nor may it be used by the Custodian of Records as a basis for refusal to participate in the Records Management Program of the District. 6. Duties of Records Management Officer A. In addition to other duties assigned in this Order and state law, the Records Management Officer shall: 1. Assist in establishing and developing policies and procedures for a Records Management Program; and 2. Administer the Records Management Program and provide assistance to Staff for the purposes of reducing the costs and improving the efficiency of recordkeeping; and 3. In cooperation with the Custodian of Records shall: a. Prepare and file the records control schedules and amended schedules required by Section 203.041 and the list of obsolete records as provided by Section 203.044 as amended, of the Texas Local Government Code; and b. Prepare or direct the preparation of requests for authorization to destroy records not on an approved control schedule as provided by this Order; and c. Identify and take adequate steps to preserve Municipal Utility District Records that are of permanent value; and d. Identify and take adequate steps to protect essential District records; and e. Ensure that the maintenance, preservation, microfilming, destruction, or other disposition of records is carried out in accordance with the policies and procedures of the District’s Record Management Program and the requirements of state law, including rules and policies adopted under that Program; and f. Disseminate to the Board of Directors and Custodians of Records information concerning state laws, administrative rules, and the policies of the District relating to District records; and g. Establish procedures to ensure that the handling of records in any context of the Records Management Program by the Records Management Office or those under the officer’s authority is carried out with due regard for: i. The duties and responsibilities of Custodians that may be imposed by law; and ii. The confidentiality of information in records to which access is restricted by law. 7. Records Control Schedules to be Developed; Approval; Filing with State A. The Records Management Officer, acting under the direction of the District Manager, shall prepare Records Control Schedules on a department-by-department basis, listing all records created or received by the department, and the retention period for each record. Records Control Schedules shall also contain such other information regarding the disposition of Municipal Records as the Records Management Plan may require. B. Each Records Control Schedule shall be monitored and amended as needed by the Records Management Officer on a regular basis to ensure that it is in compliance with records retention schedules issued by the state and that it continues to reflect the recordkeeping procedures and needs of the department and the Records Management Program of the District. C. Before its adoption, a Records Control Schedule or amended schedule for a department must be approved by the District Manager. D. Before its adoption, a Records Control Schedule must be submitted and accepted for filing by the Director and Librarian as provided by state law. If a Schedule is not accepted for filing, the Schedule shall be amended to make it acceptable for filing. The Records Management Officer shall submit the Records Control Schedules to the Director and Librarian. 7. Implementation of Records Control Schedules; Destruction of Records Under Schedule A. A Records Control Schedule for a department that has been approved and implemented in accordance with 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 lawsuit, or a department head requests 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 approved Records Control Schedule, authorization for the destruction must be obtained by the Records Management Officer from the District Manager. 8. Destruction of Unscheduled Records A. 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. 9. Records Center A. A records center, developed pursuant to the plan required by this Order, shall be under the direct control and supervision of the Records Management Officer. Policies and procedures regulating the operations and use of the records center shall be contained in the Records Management Plan developed hereunder. 10. Alternative Storage Methods A. All electronic, digital or other storage of records authorized under the Records Management Plan shall be centralized and under the direct supervision of the Records Management Officer. The Records Management Plan shall establish policies and procedures for the storage of Municipal Records, including policies to ensure that any alternative storage method is utilized in accordance with standards and procedures for the District Records established in rules of the Texas State Library and Archives Commission. The plan shall also establish criteria for determining the eligibility of records for alternative storage methods and protocols for exempting records from the centralized process; provided however, that exempted records are still subject to periodic review by the Records Management Officer as to cost-effectiveness, administrative efficiency, and compliance with commission rules SECTION 3. SAVINGS AND REPEALER That this Order shall be cumulative of all other Orders of the District affecting Records Management and shall not repeal any of the provisions of such Orders except in those instances where provisions of those Orders are in direct conflict with the provisions of this Order and all other provisions of the Orders of the District, not in conflict with the provisions of this Order, shall remain in full force and effect. Notwithstanding the foregoing, any complaint, action, cause of action or claim which prior to the effective date of this Order has been initiated or has arisen under or pursuant to such repealed Order shall continue to be governed by the provisions of that Order and for that purpose the Order shall be deemed to remain and continue in full force and effect. SECTION 4. SEVERABILITY If any section, article, paragraph, sentence, clause, phrase or word in this Order, or application thereof to any person or circumstance, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the Order, and the Board of Directors hereby declare it would have passed such remaining of the Order despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5. EFFECTIVE DATE This Order shall take effect from and after its date of passage in accordance with law, and it is so ordained. PASSED AND APPROVED by the Board of Directors of the Trophy Club Municipal Utility District No. 2, this the 14th day of April, 2009. _______________________________ President Trophy Club Municipal Utility District No. 2 ATTEST: _________________________________________ Secretary Trophy Club Municipal Utility District No. 2 [SEAL] APPROVED AS TO FORM: _________________________________________ Attorney Trophy Club Municipal Utility District No. 2