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HomeMy WebLinkAboutO-12106J-01-491 7/9/01 12106 ORDINANCE NO. AN ORDINANCE OF MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING CHAPTER 2, ARTICLE III, DIVISION 4, OF THE CODE OF THE CITY. OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO REQUIRE THAT CITY OF MIAMI OFFICIALS AND DEPARTMENT DIRECTORS SUBMIT THE DEPARTMENTAL/OFFICE RECORDS DISPOSITION COMPLIANCE AUTHORIZATION FORM, ATTACHED AND INCORPORATED AS "EXHIBIT 1," CERTIFYING THAT THE DEPARTMENT OR OFFICE IS IN COMPLIANCE WITH THE CITY'S RECORDS DISPOSITION REGULATIONS, FLORIDA STATUTES, AND FLORIDA ADMINISTRATIVE CODE; FURTHER, COMMENCING OCTOBER 31, 2001 AND ANNUALLY THEREAFTER, DIRECTING THE CITY CLERK OR DESIGNEE TO COMPLETE A RECORDS DISPOSITION COMPLIANCE AUTHORIZATION FORM, TO BE EXECUTED BY THE CITY MANAGER, AS THE CITY'S RESPONSE TO THE STATE RECORDS ANALYSIS SECTION OF THE BUREAU OF ARCHIVES AND RECORDS MANAGEMENT, THAT THE CITY IS IN COMPLIANCE WITH ALL RETENTION REQUIREMENTS; MORE PARTICULARLY BY AMENDING' SECTION 2-143 OF SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, effective February 20, 2001, the State of Florida Bureau of Archives and Records Management (the "Bureau") Division of Library and Information Services (the "Division") has eliminated the requirement for agencies to obtain ATTAC E h, 7175 12106 authorization from the Division before disposing of public records which had not met schedule retention requirements and established new regulations concerning records disposition; and WHEREAS, the new records scheduling and dispositbn process is contained in Chapter IB -24 of the Florida Administrative Code, which establishes standards and procedures for scheduling and disposing of public records and establishes definitions related to records management activities; and WHEREAS, the changes remove the requirement that an agency submit a records disposition request (Form L 55E 107R 4-93) to the Bureau for approval before the disposition of records, a procedure which has been in effect for more than thirty years; and WHEREAS, before records disposition, each agency must ensure that retention requirements have been satisfied; and WHEREAS, the Records Administrator, under the direct supervision of the City Clerk, has been designated to administer the Archives and Records Management Program and serve as the Records Liaison Officer to the Bureau; and WHEREAS, each agency is required to submit to the Division, once a year, a signed statement attesting to the agency's compliance with records disposition laws, rules and procedures; and Page 2 of 6 U WHEREAS, in preparation for the first annual compliance reporting of October 31, 2001, each department and office within the City of Miami will certify, on a form prepared by the Office of the City Clerk that the department or office is in compliance with City records disposition laws, rules and procedures of the Division, pursuant to Section 257.36 of the Florida Statutes; and WHEREAS, whereupon immediate receipt of all departmental and office certifications, the City Clerk and Records Management Liaison Officer will attach the departmental certifications along with the State form, upon execution by the City Manager, required for agency certification and forward same to the State of Florida Records Analysis Section, Bureau of Archives and Records Management; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth 'in this Section. Section 2. Chapter 2, Article III, Division 4, of the Code of the City of Miami, Florida, as amended, is further Page 3 of 6 amended in following particulars: 1/ "CHAPTER 2 ADMINISTRATION ARTICLE III. Officers DIVISION 4. City Clerk Sec. 2-143. City archives and records management program. (e) Duties of departments, the mayor and city commission offices. (5) City officials and city department directors shall annually certify and file with the City Clerk the Departmental/Office Records Disposition Compliance Authorization Form provided by the Office of the City Clerk within seven days after the end of each fiscal year. The foregoing procedure is established to ensure compliance with the provisions of Sections 119.041(1) and 257.36(6), Florida Statutes, as may be amended or revised from time to time, and Rule 13-24.002, Florida Administrative Code, as may be amended or revised from time to time. l� Words and/or figures stricken through shall be deleted. underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 4, of 6 2106 Section 3. The City Manager is directed to instruct City of Miami officials and department directors to submit the Departmental/Office Records Disposition Compliance Authorization Form, attached and incorporated as "Exhibit 1," to the City Clerk within seven days after the end of each fiscal year certifying that the department or office is in compliance with the City's Records Disposition Regulations, Florida Statutes, and Florida Administrative Code. Section 4. The City Manager, upon review and initialization by the City Clerk and Records Administrator, as the Records Management .Liaison Officer, is authorized to execute the necessary documents provided by the State and in a form acceptable to the City Attorney, to certify that the City of Miami as an agency is or is not in compliance. with the State of Florida and City scheduled retention requirements. Section S. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions. of this Ordinance shall not be affected. Page 5 of 6 12 1 �. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this 19th day of July , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY .TITLE ONLY this 13th day of September , 2001. JOE CAROLLO, MAYOR In accordance with Miami Cods Sec. 2-3s, sinc. the Nliayor did not indicate approval of this legislations' n n it in � t h 9 /u�CC<<.> j y y now .�wS i � the �i'i 1-i e�l .f'Q 4.��f y\ ���l+ �: i��\ 11 iZ,� :X44 tV �.t� �.it�i�i� ��M1T�!• b co"I?E va` ctit1e i�.�i i� d -,53i e of ,,,o t ' g;.,, 1 , t't (1 ac3. G �tJ i{ �:5 acton regarding same, without the Mayor c n j � v " .. n 2' r ATTEST: WALTER J. FOEMAN CITY CLERK _ APPROVEV AS/70 INDR&OOVI LARELLO ATTORNEY 078:WJF:BSS * AND CORRECTNESS:/ 2/ This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 6 of 6 ICITY OF MIAMI FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM: /W: er J. Foeman City Clerk RECOMMENDATION 0 19 August 16, 2001 DATE : FILE SUBJECT: Amend Code (Chapter 2, Article III, Division IV: Archives and Records Management Program: New Records . Scheduling and REFERENCES Dispositioning Process. ENCLOSURES: It is respectfully requested that the City Commission amend Chapter 2, Article III, Division IV of the Code of the City of Miami, Florida, as amended, entitled "City Clerk" regarding the City Archives and Records Management Program, to provide for changes in records scheduling and dispositioning process, including certification to the Bureau of Archives and Records Management, Division of Library and Information Services, that the City of Miami, as an agency, is in compliance with records dispositioning laws, rules and procedures. BACKGROUND There have been recent statutory changes, which now affect the way an agency schedules and destroys its records. After a public hearing process in Tallahassee on the recommended changes to the Florida Administrative Code (FAC) pertaining to public records scheduling and disposal, it was determined that an agency no longer needs approval from the Bureau of Archives and Records Management (Bureau) to dispose of records. Rule IB -24, Florida Administrative Code, (Public Records Scheduling and Dispositioning) has been revised to establish a minimum set of standards agencies must follow when scheduling and dispositioning records. The following changes went into effect on January 1, 2001: • Rule 1B-24(10) addresses minimum requirements for records disposition (i.e. schedule number, item number, records series title, inclusive dates, volume in cubic feet). • If an agency follows the documentation process as set forth in old form 107 the agency will be in compliance with the disposition process prescribed in Rule IB -24. • Agencies will still be responsible for keeping a permanent record of their records disposition (Note: The Bureau is updating General Schedule No. 1 that addresses local government and state agencies, effective January 1, 2001). • Each agency shall complete an agency compliance statement and return it to the Division each year, attesting to the agency's compliance with records disposition laws, rules and procedures. Revised as of 8/16/01 12106 21Q • ` Records indicating Archival Value: Any record series identified by a General Records Schedule for an approved Records Retention Schedule, indicating Archival value, cannot be destroyed without approval of the Florida State Archives. Due to the aforementioned rule changes to the Florida Administrative Code, our City, through the City Clerk's Office, must now. complete and return to the Division of Library and Information Services of the Department of State once a year, beginning this year by October 31; 2001, a signed statement, attesting to the City of Miami's compliance with the state law with respect to records disposition, which must now be filed with the State Legislature and with the Governor's Office. In preparation for the first annual compliance reporting of October 31, 2001, it is respectfully recommended that. each department and office with' the City of Miami certify, on a form prepared by the Office of the City Clerk, and forward same to the City Clerk's Office by no later than the last day of the fiscal year (September 30, 2001) that his or her office/department is in compliance with records disposition laws and procedures. 2 • • DEPARTMENTAL RECORDS DISPOSITION COMPLIANCE AUTHORIZATION FORM Our department Please complete the following and return by September 30, to: Records Section of the City Clerk's Office 3500 Pan American Drive, Miami, FI 33133 Phone: (305) 250-5361 (Fax): (305) 858-1610) herby certifies that is in compliance in accordance with (name) s 119.041(1), F.S.;s.257.36(6), F.S.; and Rule 113-24.002, F.A.C. and City Code Se. 2443(d)6 Yes No 119.041(1) "Every public official shall systematically dispose of records no longer needed, subject to the consent of the records and information management program of the Division of Library and Information Services of the Department of State in accordance with s.257.36." 257.36(6) "A public record may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division." 1 B-24.002(10) "Prior to records disposition, an agency must ensure that the retention requirements have been satisfied. The minimum requirements for each records disposition is the identification of the following: schedule number; item number; records series title; the inclusive dates; and the volume in cubic feet. Photographic reproductions or reproductions through electronic recordkeeping systems may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division." 1B-24.002(11) "Each agency shall submit to the Division, once a year, a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." CITY CODE SEC. 2-143(d)6 "Duties of City Officials and employees: The City Clerk shall identify and ensure the preservation of City archival records." 2 We have formally designated a Records Liaison for coordinating a records management program in our department. Yes No 3. The Records Liaison has received training in State records management regulations, policies and procedures. Yes No Our department has disposed of cubic feet of records for fiscal year Please print name and title of Department Director Department Director's Signature Date 12106 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE AMENDING CHAPTER 19, SECTION 19-7, ETC. in the ............. XXXXX..................... Court, was published in said newspaper in the issues of Aug 31, 2001 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firmgr corpora ' any discount, rebate, com- mission or refu forth pos of securing this advertise- ment for pub ' ationi said n wspaper. Sworn to an ub cribed before me this 3s 2001 ./day day of . Z..-.. ...� .. .. ... �, A.D........ .................-................................ (SEAL) � o��?!Y."��'•; MARIA I. MESA ? ' MY C0i,WiSSION # CC 885640 Octelma V. Ferbeyre person ',�cin;t¢ me.FX°IBES: Marc 4, 2004 Bonded Thr Nolaxy Public Underwriters (� CITY OF MIAMI,_FLOR16A OTICE OF PROPOSED ORDINANCES. , I otice is hereby given that the City Commission of, the City of Miami, i Florida, will consider the following ordinances on second and final reading on September 13, 2001 commencing at 9:00.a.m., in the City Commission' !, Chambers, 3500 Pan American Drive, Miami, Florida: O-RDINANC_E NO. - AN.ORDINANCE OF THE �MIAMr-CITY COMMISSION, WITH ATTACHMENT, AMENDING CHAPTER 2,.ARTICLE III, DIVI- SION 4; OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, OFFICERS, CITY CLERK," TO REQUIRE THAT CITY OF MIAMI OFFICIALS AND DEPARTMENT DIRECTORS SUBMIT THE DEPARTMENTAL/ OFFICE RECORDS'DISPOSITION COMPLIANCE AUTHORI- ZATION FORM, ; ATTACHED AND INCORPORATED AS. "EXHIBIT I," CERTIFYING THAT THE DEPARTMENT -OR OF- FICE IS IN COMPLIANCE WITH THE CITY'S RECORDS DIS- POSITION REGULATIONS, FLORIDA STATUTES, AND - FLORIDA ADMINISTRATIVE CODE; FURTHER, COMMENC ING OCTOBER 31,.2001 AND ANNUALLY.THEREAFTER, DI- RECTING THE CITY CLERK OR DESIGNEE TO COMPLETE A RECORDS DISPOSITION COMPLIANCE AUTHORIZATION FORM, TO BE EXECUTED BY THE'CITY MANAGER, AS THE CITY'S RESPONSE TO THE. STATE RECORDS ANALYSIS I SECTION OF THE BUREAU OF ARCHIVES AND RECORDS MANAGEMENT, THAT THE CITY IS IN COMPLIANCE WITH 1 ALL RETENTION REQUIREMENTS;. MORE PARTICULARLY - BY AMENDING SECTION 2-143 OF SAID CODE; CONTAIN- ING A REPEALER- PROVISION .AND A SEVERABILITY CLAUSE; AND PROVIDING. FOR AN EFFECTIVE DATE. ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION•AMEND- ING THE CODE -OF, THE. CITY OF MIAMI, FLORIDA, AS I = AMENDED, BY AMENDING THE CHAPTER ENTITLED "COMMUNITY REVITALIZATION" TO CREATE AND ESTAB- LISH THE LITTLE HAVANA HOMEOWNERSHIP TRUST (THE i "TRUST") BY DESIGNATING THE TRUST'SJURISDICTIONAL AUTHORITY AS AN AGENCY AND INSTRUMENTALITY OF' ' 1 THE CITY OF MIAMI;.SETTING"FORTH THE TRUST'S'PUR- POSE, POWERS AND DUTIES,INCLUDING BUT NOT LIMIT- ED TO: TO SUE AND BE SUED; PLEAD AND IMPLEAD, CON- TRACT AND BE.CONTRACTED`WITH, AND TO.OWN AND. DISPOSE OF REAL PROPERTY; PROVIDING FOR COMPO- SITION AND APPOINTMENTS AND PROCEDURES, NOMINA- TION AND ELECTION PROCEDURES, TERMS OF'OFFICE, VACANCIES; MEMBERSHIP QUALIFICATIONS, ATTEN-- I DANCE REQUIREMENTS, OFFICERS; OATH, QUORUM AND :VOTING, MEETINGS, INDEMNIFICATION, ABOLISHMENT, AN EXECUTIVE DIRECTOR AND STAFF, COUNSEL-, BUD- j GET APPROVAL AND ANNUAL REPORT AND PROVIDING . FOR °SUNSET" REVIEW; MORE PARTICULARLY BY AMEND- ING SECTION 2-892 AND ADDING NEW DIVISION 3 TO THE CHAPTER, ENTITLED 'COMMUNITY. REVITALIZATION,' OF THE CODE; CONTAINING A REPEALER PROVISION, A SEV ERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE - DATE; AND;;PROVIDING FOR INCLUSION IN THE CITY'