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HomeMy WebLinkAboutO-11159J-94-322 4/21/94 ORDINANCE NO. 1115 9 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THEREBY ADDING SECTION 2-48 TO PROVIDE THAT THE CITY CLERK SHALL BE RESPONSIBLE FOR ADMINISTERING THE CITY'S ARCHIVES AND RECORDS MANAGEMENT PROGRAM, CONSISTENT WITH 257.36 FLORIDA STATUTES; PROVIDING FOR THE CUSTODIANSHIP OF PUBLIC RECORDS AND THE RESPONSIBILITIES OF CITY OFFICIALS AND EMPLOYEES WITH RESPECT THERETO; PROVIDING FOR DUTIES OF THE CITY CLERK AND CITY DEPARTMENTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 257.36(5) Florida Statutes, entitled "Records and Information Management," states that it is the duty of each municipality to establish and maintain an active and continuing program for the economical and efficient management of records; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 2-48 is hereby added to the Code of the City of Miami, Florida, as amended, as following: "Sec. 2-48(a). Short title; purpose. The "City of Miami Archives and Records Management Program" is hereby established to provide for the proper and efficient management of the City of Miami's public records, and for the operation of a central repository for same, including the City's historically valuable records. 11159 Sec. 2-48(b).Definitions. (1) City Clerk means the City Clerk of the City of Miami, Florida, or his/her duly designated representative, who has primary supervisory authority over the records management program. (2) Maintenance of Public Records means the creation, maintenance, protection, use and disposition of Public Records belonging to the City of Miami, Florida, including the establishment and maintenance of a system of filing and indexing Public Records. (3) Public Records means all documents, papers, electronic records, letters, maps, books, tapes, photographs, films, sound recordings or other materials regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any officer, employee, official representative, or appointed board/committee member of the City of Miami. (4) Archival Records means those Public Records, manuscripts and other records which document the origin and history of the government of the City of Miami and the development of its departments which are worthy of permanent preservation and administration because of their importance. (5) Sensitive Records means those records dealing with secret, classified, or delicate government matters. (6) Vital Records means those records which contain information essential to the continuity of government operations or to the protection of individual citizen's rights, and which cannot be replaced. (7) Inactive Records means those records no longer required to be active in office areas, but which require further retention due to legal, administrative, historical reasons or other enabling circumstances. (8) City Records Center means a central repository for storage of inactive Public Records. 11159 -2- Sec. 2-48(c). Custodianship of Public Records. Custodianship of Public Records shall be the responsibility of the City Clerk; and in this regard, the maintenance of such records shall be in the care of the City departments, City Commission offices or the City Clerk's Office, depending on the life cycle of each document. Outgoing City officials or employees shall deliver all Public Records in their custody to their successors. Records not in current use shall be transferred to the City archives; and, upon acceptance, the archives shall be considered the legal custodial site of such records. Sec. 2-48(d). Duties of City Officials and Employees. It shall be the responsibility of a City employee, under the direct supervision of the City Clerk, to administer the City of Miami Archives and Records Management Program. In this regard, the City Clerk, among all other functions required for the proper and efficient management of the Public Records of the City, shall: (1) Develop and circulate such rules and regulations as may be necessary and proper to implement and maintain the Archives and Records Management Program. (2) Provide and maintain the City Records Center to house and preserve records. (3) Advise and assist City departments and City Commission offices in the preparation of records inventory and destruction schedules. (4) Approve destruction schedules before disposition of Public Records. (S) Conduct surveys, studies and investigations to assist in promoting a proper and efficient Records Management Program for the City, including information retrieval systems. (6) Identify and ensure the preservation of City Archival Records. (7) Provide for and direct appropriate City personnel to ensure the sound management of Archival Records and their availability to the public. 11159 ltsz (8) Ensure adequate security is provided to protect Vital Records. Sec. 2-48(e). Duties of City Departments and City Commission Offices. (1) Each City department and City Commission office shall create and maintain all of its records with adequate and proper documentation of its organization, policies, decisions, procedures, and essential transactions. (2) Each City department and City Commission office, with the advice of the City Clerk's Office, shall establish and maintain an active, continuing program for the economical and efficient management of the records of the department. Such programs shall provide for: (A) Effective controls over the creation, maintenance, and use of records in the conduct of business. (B) Cooperation with the City Clerk's Office in applying standards, procedures, and techniques designed to improve the management of records. (C) Segregation and disposal of records of temporary value in accordance with established retention schedules. (3) Those Public Records which are not required in the current operation of the office where they are made or kept, and all Public Records which can properly be disposed of , shall be transferred to the City Records Center in order that the Historical Records of the City may be centralized, preserved and made more widely available, and ensured permanent preservation, or approved for destruction, as the case may be. (4) City Officials and City Department Directors shall: (A) Manage all record management functions within their respective departments and act in close coordination with the City Clerk's Office. 11159 -4- (B) With the advice and assistance of the City Clerk's Office, inventory all Public Records for disposition scheduling and transfer action in accordance with procedures prescribed by law or with rules promulgated by the City Clerk's Office. (C) Consult with any other personnel responsible for creation or maintenance of specific records within his/her department regarding records retention and transfer recommendations. (D) Review established record retention schedules at least annually to ensure they are complete and current." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 28th day of April , 1994. PASSED ON SECOND AND FINAL READING BY TITLE ONLY this 9th day of June 1994. qk • ATTEST--/ STEP N P. CLARKJ MAYOR Y HIRAI, CITY CLERK 11159 -5- PREPARED AND APPROVED BY: RAFAEL 0. DIAZ DEPUTY CITY ATTORNEY ROD:csk:M2012 APPROVED AS TO FORM AND CORRECTNESS: A. NN JO III CITY ATTO 11159 Q.T.14-tv of tttmt MATTY HIRAI City Clerk July 26, 1994 Ms. Becky DeNeve Vice -President - Supplements Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. DeNeve: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11157 11159 11160 If I can be of any further assistance, please do not hesitate to call. Very truly yours, Valerie Green ood rTj/ Deputy Clerk Enc. a/s OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 QUIR14 of �iami MATTY HIRAI City Clerk July 26, 1994 Office of the State Attorney Attention: Rosemary Ricotta 1350 N.W. 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11157 11159 11160 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 35M Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 0.14-tv of �tantt MATTY HIRAI c`of rim City Clerk s '� � nun uuu p u u Cc O�CO V:V, July 26, 1994 Louis Tomeo Court Operations Officer 1351 N.W. 12th Street, Rm 7-701 Miami, FL 33125 Dear Mr. Tomeo: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amend the Code of the City of Miami, Florida: 11157 11159 11160 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter and return it to this office for our files. Thank you. Very truly yours, MATTY HIRAI City Clerk BY: DEPUTY CLERK RECEIVED BY: DATE: MH:vg Enc. a/s OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, Florida 33233-0708/(305) 250-5360/FAX(305) 858-1610 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM 26 TO HONORABLE STEPHEN P. CLARK, MAYOR, AND MEMBERS OF THE CITY 7CISSION i PROM MATTY HIRAI City Clerk RECOMMENDATION: DATE April 21, 1994 FILE SUBJECT Ordinance Establishing City's Archives and Records Management REFERENCES. Program ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached ordinance establishing the City's Archives and Records Management Program beginning Fiscal Year 1993-94. BACKGROUND: The Office of the City Clerk currently is responsible for the storage, preservation, retrieval and disposition of legislative records emanating from City Commission actions, administrative correspondence, microfilm records, contracts, lobbyist registration, financial disclosure filings, corporate and real property forms, municipal bond issues, etc. Each City department is responsible for maintaining its own public records. Because this approach results in costly practices and unnecessary overlap in administrative functions, the Office of the City Clerk desires to centralize the records management function and assume primary responsibility for the safekeeping of the City's archives. Chapter 257.36(5), Florida Statutes, states, in part: "....state, county or municipal officer, department, division, bureau, board, commission or other separate unit of government created or established by law...." to establish and maintain an active and continuing program for the economical and efficient management of records. We are proposing that this function be placed under the City Clerk's supervision. This ordinance will centralize the records management function under one department, namely the Office of the City Clerk. In most cities, these activities are performed by the Office of the City Clerk. Records management is an administrative function which provides an organization with information it needs to make decisions. The proposed Records Management Program will contain a wide range of activities, including: records inventory, records retention, archiving of inactive records, storage and disposition of same, etc. Other responsibilities will include: the establishment and management of a City Records Center for the placement of inactive records, implementation of new technologies to recordkeeping, establishing records management guidelines and 1115 I`;P6-I procedures, and identifying and preserving historical records. Responsibility for generation of records and management of active (work in progress) records will remain under the supervision of the originating departments. The centralized administration of the City's records activities will enhance the City's ability to standardize operational costs associated with information processing, reduce the need for in - office storage space, and provide for greater efficiency and increased savings, while responding to the State mandate to provide sound and economical management of information to our City residents. The Office of the City Clerk has requested a two-year grant from the National Historical Publication and Records Commission in the amount of (approximately) $140,000 to develop and implement a Citywide comprehensive Archives and Records Management Program. Additionally, the City Clerk's Office, during the '93 Legislative Session, was the recipient of a $100,000 grant from the State for the establishment of a Vital Records Restoration, Protection and Preservation Program, out of the Hurricane Andrew Relief Bill. M!:: WF : vg Enc. a/s cc: Cesar H. Odio, City Manager A. Quinn Jones, III, City Attorney �N 1 TO CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM HONORABLE STEPHEN P. CLARK, MAYOR DATE AND MEMBERS OF THE CITY COMMISSION SUBJECT : proposed adoption of Ordinance establishing the City of Miami FROM REFERENCES: Archives and Records Management Program MATTY HIRAI ENCLOSURES: City Clerk RECOMMENDATION April 27, 1994 FILE : It is respectfully requested that the City Commission adopt, on First Reading, the attached Ordinance establishing the City of Miami Archives and Records Management Program (said program to begin Fiscal Year 1994-1995) in compliance with F.S. Chapter 257.36(5), which calls for the establishment and maintenance by each municipality of an active and continuing program for the economical and efficient management of records. The herein proposed "Archives and Records Management Program" (hereinafter, the ARM Program) shall provide effective controls for the creation, distribution, use, retention, storage, retrieval, protection, preservation, and final disposition of all records which are essential to the Administration of the City. Furthermore, the herein ARM Program is being proposed in order to: (1) Provide for the proper and efficient management of inactive, historical and vital records in accordance with State of Florida guidelines. (2) To provide for more cost-efficient administrative practices as follows: (a) minimize overhead expense; (b) reduce the need for additional office space (thus, curtailing growth and the consequent need for additional expensive space), filing equipment, records maintenance and personnel expense through the establishment of an off -site City Records Center to store non -active records, as well as a separate section within said facility for the storage of archival and vital records; and (c) in order to centralize records and purge non -essential information. 11159 (3) Lastly, this proposed Records Management Program is being instituted to offer administrative support to other City departments as they seek solutions to their problems involving any of the above -mentioned areas. The herein Ordinance also proposes to place the administration of said program under the responsibility of the City Clerk, as is traditionally done throughout the country by most governmental units inasmuch as the Clerk (or his/her designee) is the designated Custodian of Official Records. Once this Ordinance is adopted, the Clerk will be charged, among others, with the following basic responsibilities: (1) The establishment of Citywide guidelines and standards for: (a) records retention (in keeping with presently instituted State guidelines); (b) Citywide standardization of file classifications and indexing methods, departmental microfilm programs, standardization of filing equipment supplies and vital records protection guidelines; and (c) the responsibility for the operation and supervision of a central City Records Center to house and protect all City non -active records. (2) To provide ongoing technical assistance and training programs to other City departments and their designated Division Records Coordinators. (3) To perform periodic reviews and audits of the herein Records Management Program as to operational cost-effectiveness and various other efficiencies to be monitored. In this regard, there exist a considerable number of reputable studies containing factual data to show that our City could save anywhere between 15% to 20% of the total governmental agency's budget earmarked to cover Citywide operational costs. According to some other studies, said amount could even go as high as 35% - 50%. *[For instance, there is a resent study which was conducted in the State of Texas to determine if any cost -savings would accrue from the implementation of a Statewide Record Management Program. Over the three-year period covered by the study, actual saving amounted to almost $70 million!] ----------------------------------------------------------------- *Article published in "Records Management Quarterly" --- April 1993 -- p. 30-39. ----------------------------------------------------------------- 11159 Given the scope of the herein proposed ARM Program System, it will have to be developed in phases and/or stages, subject to availability of funds. However, there is abundant data to demonstrate that the cost -savings associated with the institution of similar type programs in other states and municipalities throughout the country are overwhelming, and would translate into enormous savings for our City, once the program is in place and fully operational. Cognizant of the present budgetary restraints facing our City, our office began to pursue alternative sources of funding through the ongoing pursuit of grant monies. When we succeeded in being awarded our first small grant we engaged the services of Claire Cardina, a Recordsw Management consultant who conducted a survey on the aftermath of Hurricane Andrew in connection with damaged records which were kept in the basement of City Hall. Next, we engaged the services of an outside consultant from Laguna Hills, California ("Decision Management Company, Inc.") whose President, Mr. Pavlovic, is a Systems Integrator Specialist, who was highly recommended to us by the City of Tallahassee, and the City of Upland, California.* Mr. Pavlovic proceeded to review present practices followed by different departments in our City, and produced a Report making findings and observations, and recommendations for certain record enhancement technologies. The Report also outlines the estimated cost of said system at three different levels of implementation as well as the anticipated benefits. [Note: Mr. Pavlovic's fee never exceeded $4,500.00.] The proposed program is vast in scope, and our only objective, at this time, is to request that the herein Ordinance be adopted establishing the program and placing the responsibility and the administration of said program under the City Clerk. Prior to the meeting of May 26th, we will meet with members of the City Commission and the Administration to clarify any possible areas of concern. Your favorable consideration and support of this program is respectfully invited. Thank you. ----------------------------------------------------------------- *Note: The City of Upland, California was awarded the I.I.M.C. Award for the best Records Management Program System in 1993. Said City was also the recipient of the Olsten Award for having the best Records Management Program of any municipality in the nation the, the system was developed by said consultant. ----------------------------------------------------------------- MH : hr 11159 cc: Cesar Odio, City Manager A. Quinn Jones III, City Attorney r 14 AkCHIVAL RECORDS AT CITY HALL These pictures depict tk,, condition of the archives stored in the basement of Miami City Hall both prior t.*, and after Hurricane Andrew on August 24, 1992... 43 4 WRI i L 'WLAIR Y Op'�l US lice ii rr C SURVEY OF HURRICANE DAMAGED RECORDS Prepared for the Office of the City Clerk City of Miami, Florida by Claire A. Cardina, CRM, CA August 20, 1993 11159 TABLE OF CONTENTS PURPOSE.........................................................................................................................I EXISTINGCONDITIONS..................................................................................................I RECORDSINVENTORY...................................................................................................3 ARCHIVES AND RECORDS PROGRAM...........................................................................4 INACTIVE RECORDS STORAGE.......................................................................................6 FUTUREFUNDING..........................................................................................................6 SUMMARY OF RECOMMENDATIONS.............................................................................7 RECORD SERIES IDENTIFIED............................................................................APPENDIX PHOTOGRAPHS OF RECORDS........................................................................APPENDIX PURPOSE The City of Miami, recipient of a grant under the Florida Local Historical Records Grant Project, requested consultant services to: Appraise the value and condition of the records in Miami's City Hall basement; Evaluate the suitability of available physical facilities for storage and preservation of holdings; Evaluate the adequacy of the City's proposed system for physical and intellectual control of the holdings; Recommend the best methods for treating the damaged materials to ensure their preservation; Prioritize short and long term recommendations for the management of the City of Miami's records; and Provide recommendations concerning funding sources. This report details my findings based on an initial visit on May 21, 1993, and five days on site from July 12, through July 19, 1993. It combines information resulting from detailed inventory of the records in Miami's City Hall basement and interviews with the City Clerk, Malty Hirai, Assistant City Clerk Walter Foeman, and Administrative Assistant, Barbara Brodbar. I appreciate their keen interest in this project as well as their time, full coopera- tion and insight. I also thank Barbara Brodbar, Mercy Robles -Garcia and Walter Foeman for so willing spending time with me, gloved and masked, in the basement. EXISTING CONDITIONS Miami's City Hall, located in the beautiful Coconut Grove section of Miami, faces the waterfront overlooking Biscayne Bay. It houses the offices of Mayor, City Commissioners, City Manager and the City Clerk, as well as the Administrative Office of the Neighborhood Enhancement Team. The remainder of Miami's twenty departments are located at a variety of different sites throughout the City. There is no citywide records management program. The City Clerk's Office has a Kodak microfilm camera and films such records as Minutes, Ordinances, Resolutions, Contracts, Leases and Agreements. Original film is stored in Tallahassee at the State Bureau of Archives and Records Management. City Hall administrative offices as well as certain City departments had traditionally moved their inactive records to the basement where wood- en shelving and metal cabinets had been installed. Records were apparently boxed in a variety of ways and in some cases entire file cabinets were moved down to the basement. 11159 On August 24, 1992, the storm surge from Hurricane Andrew flooded the basement to a depth of approximately five feet, as evidenced by the watermarks on the wall and the con- dition of now empty rusty file cabinets, which still remain in the basement. At the request of the City Clerk, on September 16, 1992, Larry LaFollette, Archives Supervisor (and Conservator), Florida State Archives, visited City Hall to inspect the site and review bids for recovery. His report of September 17, states in part that "Unless recovery efforts are commenced within the next 24 to 36 hours, the effectiveness of the recovery efforts will be dramatically compromised", and goes on to detail specific recovery require- ments. Larry also reviewed the bids received in response to the City's RFP recovery assis- tance, and advised against accepting the low bid option of drying the records on site inas- much as it was deemed by the City administration to be nonresponsive. In spite of Mr. LaFollette and the City Clerk's recommendations, negotiations with FEMA resulted in FEMA's decision to award the contract to the low bidder, whose bid only offered to dehumidify the records. The records were not frozen as they should have been. Work did not begin until late October. Two dehumidifiers were brought in to dry the basement and its contents, including the records in boxes and file cabinets. Resulting present condi- tions are: The basement appears orderly. It has probably been swept, but not thor - oughly cleaned or sanitized. Some debris, including the rusted file cabinets, remains and should be removed. The basement is air conditioned but the humidity level is extremely high. The air conditioning unit leaked water onto the floor during my visit. The records were not touched during the air drying process. However, FEMA extended the low bidder's contract to allow them to repack, often too tightly, into two cubic foot transfile boxes and labeled, with fair accuracy, with the name of an identifying office or person. The records stored below the five-foot water level exhibit severe mold, mildew, rust (from hanging pendaflex file folders), and blocking. (see attached photographs for examples of average condition. These are not the worst, just the ones we happened to be inspecting at the time.) No surface cleaning of the records was done. There is evidence of silverfish, spiders and new mold growth. Records stored above the five-foot level are in satisfactory condition, but do not form complete records series because records of the same series were stored at different levels. 11159 E RECORDS INVENTORY During my visit, with the invaluable assistance of Barbara Brodbar and Mercy Robles - Garcia, who worked with me in the basement, we inventoried 238 boxes, approximately 476 cubic feet of records. As we opened each box, our procedure was: 1. Identify the department/division, record series title, retention schedule number, inclusive dates, retention and disposition of the records. (A retention schedule needs to be established for Lobbyist Registration Records.) 2. Prepare a 3" x 5" card for each record series as it is determined. Prepare separate cards for different departments with the same record series. The cards, filed alphabetically by record series title, indicate: the record series title, retention schedule number, retention period, and department/division. 3. Number the box (sequentially) with a black magic marker. Enter the box number, inclusive dates, and recommended disposition (destroy, microfilm and destroy, or retain until retention met) on the appropriate 3" x 5" card. 4. Tag the box with the recommended disposition. The 3" x 5" cards provide the information necessary to prepare Records Disposition Requests (107s) and pick lists by box number for the records to be destroyed/microfilmed. The disposition noted on the box is an additional confirmation. Unfortunately, it was not possible for me to stay long enough to inventory all the boxes in the allotted time. Boxes had to be removed from shelves to examine the contents. We set up work tables in the basement to hold about 15 boxes. The boxes were too big and too heavy to manage ourselves. The City Clerk arranged for assistance which was cheerfully given. The necessity to contact help to reshelve inventoried boxes, and pull down new ones did, however, slow down our progress. There remain 340 boxes (approximately 680 cubic feet) still to be inventoried. Examination of these boxes indicates that their content is similar to those already inventoried. With the system in place, Barbara and Mercy have agreed to continue the inventory until it is com- plete. They have the 3" x 5" cards and instructions for preparation of Records Destruction Requests. A list of the record series identified during the inventory of the first 322 cubic feet is attached. Of these, 74 cubic feet have historic value to the City of Miami. The City Clerk's permanent records were placed in the basement after microfilming. The original records have no intrinsic value and immediate destruction is advised. 3 11159 The Administrative Support Records of the City Manager, and the correspondence files of the Mayor and Commissioners contain information that is valuable to the history of Miami. The vast majority of the City Manager's records are damaged beyond salvage or microfilm- ing. It is my recommendation that these records be destroyed without trying to salvage iso- lated, out -of -context portions of them. The records of the Mayor and City Commissioners are in very poor condition. They cannot be salvaged, but there is a possibility of microfilming them if the City is able to devote the time, effort, and funds required. It is questionable whether an outside micrographics ser- vice bureau can be found and that would be willing to work with and properly prepare these mold infested records for filming. If one can be found, the cost may be prohibitive. The condition of these records is growing worse. If a decision to film is made, the work should be done immediately. It should be noted that the State approved retention for the above record series is three fis- cal years. The records of the Mayor and City Commissioners do not fall within the collec- tion policy of the Florida State Archives. When appraised from a local point of view, how- ever, such records provide substantial documentation of the City of Miami's development, policies, procedures, and activities, and should be designated as archival. Other records identified as having historic value include: 1965 bond issue books (2 books); newspaper clipping files (6 cubic feet); capital improvement project bid tabulating ( 6 cubic feet); bond books ( 2 cubic feet); Planning Department correspondence ( 4 cubic feet); Parks/Public facilities Correspondence ( 2 cubic feet); City Manager's Office feasibility study reports ( 2 cubic feet); Pension/Dinner Key annual financial reports ( 2 cubic feet); City Manager memoranda ( 14 cubic feet); and Resolution and Ordinance backup files (27 cubic feet). ARCHIVES AND RECORDS PROGRAM Florida's Public Records law Chapter 119.01, provides that "All agencies shall establish a pro- gram for the disposal or records that do not have sufficient legal, fiscal, administrative, or archival value in accordance with retention schedules established with the Division of Archives, History and Records Management of the Department of State". Chapter 267.051 (4) (b), requires each agency to "establish and maintain an active and continuing program for the economical and efficient management of records". The Rules of the Department of State, Bureau of Archives and Records Management, establish requirements regarding retention schedules; records destruction; and the development and application of procedures and tech- niques designed to improve the management of records, assuring the maintenance and secu- rity of records of continuing value. Cities are included in the statute's definition of "agency". Although the statutes require municipalities to have, in effect, a Records Management Program, they do not dictate how and under whose authority the program is to be carried out. Because of the nature of the City Clerk's recordkeeping responsibilities it is most appro- 4 11159 priate that local government place records management and archives within that office. Failure to destroy records in accordance with established retention schedules not only puts the City at risk, but is also costly in terms if equipment, space and staff time. Greater risk is incurred by failure to identify and protect vital and historical records. In the City of Miami at the present time there is no central control. Each department is responsible for its own records. The City Clerk has established procedures for her office and is aware that central- ization of the records management and archives functions is necessary. Her staff includes an Assistant City Clerk, an Administrative Assistant and a Records Retention Coordinator who are all informed about Records Management. Each of these people have other duties, however, and no Records Manager or Archivist positions have been designated. A grant proposal to the National Historical Publications and Records Commission (NHPRC) in September, 1992, for the purpose of establishing a Records Management and Archives Program, was not funded. The work plan for this proposal demonstrates, however, the City Clerk's awareness of the need for and requirements of such a program. Because of Hurricane Andrew, and delayed and inadequate restoration, many historically valuable records have been forever lost to the City Such a disaster also provides an oppor- tune moment to evaluate and plan for the future. Implementation of a comprehensive Records Management and Archives Program under the City Clerk will: Ensure that complete records inventories are maintained so each department will know what records they have and where they are located; Establish retention periods for all records, and destroy records that are no longer. useful, in a timely manner, saving the City space and money; Identify vital records and plan for their protection so the City will be able to fulfill its oblig- ations to itself, its employees, and its citizens in the event of disaster; Ensure compliance with the State and Federal regulations and protect the City in the event of litigation; Identify and preserve for future generations the City's valuable historic records; and Arrange inexpensive inactive records in a facility which meets standards of safety and secu- rity as well as retrieval, destruction or archiving in a systematic manner. This kind of an integrated approach, with standardized procedures and trained personnel, will prove efficient and cost-effective for the City of Miami. I recommend that the City of Miami take immediate steps to implement a comphrensive Records Management and Archives Program under the Office of the City Clerk, and that such authority be mandated by local ordinance or administrative order of the City Manager. 5 11159 INACTIVE RECORDS STORAGE There is an obvious need to locate a suitable storage facility for the inactive records ema- nating from City Hall offices. Prior to doing so however, the inventory of records in the basement must be completed and determination made regarding the present and future quantity of storage space needed. Most of the existing records should be either destroyed or microfilmed for long term preservation. For the short term, it may be possible to use another City owned facility. For the long term, records storage requirements should be based on an inventory and needs assessment for all City departments under a comphrensive Records Management Program. A complete inven- tory of all departmental records will also provide the information needed to identify vital and historical records throughout the City, and to quantify and preserve them. The primary considerations for records storage include the soundness of the structure, the safety of the location, fire and burglary protection, accessibility for retrieval/delivery, destruction of records, and floor load capacity. It is preferable to have a separate building but if this is not possible, access by nonauthorized personnel working in the building should be restricted. FUTURE FUNDING Although NHPRC did not fund Miami's initial grant proposal, I believe its response encour- ages a second application. The new NHPRC guidelines state: "in some cases, where state - based assistance is not feasible, funding for individual local governments may be provid- ed. Such funding however, will be limited to larger local governments or to local govern- ments whose records have more than local significance". Miami fits in this category. Miami's case would be strengthened considerably by showing it is sincere in carrying out this project if: a a)) a Records Management Program were to be mandated by the City Commission; b) a staff position were to be created to implement the program, and; c) a site were to be designated as the Records Center. If these goals were accomplished, I believe NHPRC grant reviewers would then be much more amenable to approving Miami's request for funding. A new application should also include added information about: the size of Miami; the sig- nificance of its records beyond the City, especially in light of the fact that Miami's multi- 6 11159 ethnic, multicultral mix is a microcosm of what many other large municipalities will look like in the future; the strength of the State program; the fact that State financial assistance is not feasible; Miami's cooperation with the State; and, the State's leadership role and sup- port. SUMMARY RECOMMENDATIONS It is imperative the City of Miami avoid future loss of valuable historic records and that steps are taken to ensure the protection of records for which it is custodian. A centralized Records Management and Archives Program under the City Clerk will provide for efficient and economical management of City records, ensure compliance with State and Federal legal requirements, protect the City in the event of litigation, identify and protect records that are vital to the City and its citizens, and preserve the records of Miami's unique histo- ry for future generations. This summary of recommendations is presented with a view toward assisting the City of Miami with program improvements that will work toward the accomplishment of these goals. 1. The highest priority must be given to officially designating responsibility for a comphrensive, citywide, Records Management and Archives Program under the office of the City Clerk. 2. Present staff must complete the inventory of records stored in the basement of City Hall; prepare records Disposition Requests for those that have met retention, and destroy them; and microfilm and, following procedures, destroy those records appraised as having his- toric significance to the City. 3. Designate and fund a Records Manager position on the City Clerk's staff to initiate and carry out the program. 4. Prepare a Records Management and Archive Manual to delineate the responsibilities of the City Clerk and the departments. This manual should include the appointment of Departmental Records Coordinators, as well as procedures for retention scheduling, trans- ferring records to a records center/archives, and destruction. 5. Following training of Departmental Records Coordinators, conduct an inventory of all City records in all departments. The inventory should include records stored at off -site loca- tions and those that may have been transferred to the Dade County library. 6. Based on the inventories, establish retention schedules for all record series, and identify those that are vital and/or archival. Retention schedules are permanent records and should be retained accordingly in the City Clerk's Office. 7. Arrange for the destruction of all departmental records that have met retention. Departmental Records Coordinators should be given a copy of the completed Records Disposition Request, and the official copy maintained as a permanent record in the City Clerk's Office. 8. Determine the present and future anticipated quantity of semi -active or inactive records and select a records center facility that will meet these needs. 9. Initiate a disaster preparedness/prevention plan that will protect the City's vital records. Such a plan will also include procedures to be taken should recovery be required for records in any format or media. 10. Provide for the proper storage and preservation of the City's historically valuable records. 11. Fund the professional membership and training necessary for the Records Manager to have the knowledge to properly carry out assigned responsibilities and to maintain aware- ness of changing requirements. 12. If the City is unable to fully fund a Records Management and Archives Program, seek additional funding sources including a re -application to the National Historical Publications and Record Commission. 8 11159 APPENDIX 11159 RECORD SERIES IDENTIFIED 2 C.F. 1965 Bond Issue Books (prospectus) - retained 2 2 C.F. Lobbyist Registration Records (Need to schedule) 6 C.F. Newspaper clipping files (historic, not public record) 3 C.F. Sch. 5, Outside Employment Statements - destroy 88 C.F. BC-1 R2-4a, Administrative Support Records (City Manager) - historically valuable but condition too poor to save - destroy 2 C.F. BC-1 R24a, Administrative Support Records (Industrial Engineering) - destroy 8 C.F. BC-1 R2-4a, Administrative Support Records (City Clerk) - destroy 6 C.F. BC-1 R2-4a, Administrative Support Records (Asst. City Manager) - microfilm and destroy 2 C.F. BC-1 R2-12b, Ballots - destroy 2 C.F. BC-3R-17a, Campaign Contributions & Expenditures - destroy 6 C.F. BC-1 R-18c, Bid Records/CIP, Bid tabs. - microfilm 20 C.F. BC-1 R2-18c, Bid Records/CIP, Unsuccessful bids (Public Works) - destroy 2 C.F. Bond Books (City Clerk) - microfilm 4 C.F. BC-1 R2-21b, Budget Records/Supporting Documents (Management & Budget) - destroy 2 C.F. BC-1 R2-21 c, Budget Records/duplicates (Finance) - destroy 2 C.F. BC-1 R2-23a, Cash Receipts/Reports Records (Marina) - destroy 2 C.F. BC-1 R2-23a, Cash Receipts/Reports Records (City Clerk) - destroy 2 C.F. BC-1 R2-26a, Check Registers (Pension Office) - destroy 2 C.F. BC-1 R2-28a, Canceled Checks (Finance) - destroy 4 C.F. BC-1 R2-34c, Contracts Leases & Agree./duplicates (City Manager) - destroy 10 11159 10 C.F. BC-1 R2-34b, Contracts Leases & Agree./other (City Clerk) - destroy 22 C.F. BC-1 R2-34a, Contracts Leases & Agree. (City Clerk) - microfilm any not already filmed - destroy 38 C.F. BC-1 R2-34a, Contracts Leases & Agree. (Contract Specs-CIP) - destroy when retention met; microfilm and destroy where retention not met 16 C.F. BC-1 R2-36a, Correspondence (Mayor's Office) - historic, microfilm and destroy 6 C.F. BC-1 R2-36a, Correspondence (City Manager) - historic, microfilm and destroy 26 C.F. BC-1 R2BC01 R2-36a, Correspondence (Commissioners) - historic, microfilm and destroy 2 C.F. BC-1 R2-36a, Correspondence (City Clerk) - destroy 8 C.F. BC-1 R2-36a, Correspondence (Asst. City Manager) - destroy (condition is too poor to film) 2 C.F. BC-1 R2-36a, Correspondence (Parks/Public Facilities) - historic, microfilm and destroy 2 C.F. BC-1 R2-36a, Correspondence (Legislative Affairs) - destroy January 1994 4 C.F. BC-1 R2-36a, Correspondence (Planning Director) - historic, microfilm and destroy 5 C.F. BC-3R-49f, Financial, Disclosure Statements - destroy 2 C.F. BC-1 R2-53a, Feasibility Study Reports (City Manager) - microfilm and destroy 2 C.F. BC-1 R2-57c, Annual Financial Reports/duplicates - destroy 2 C.F. BC-1 R2-57a, Annual Financial Reports (Pension/Dinner Key) - historic, retain 2 C.F. BC-1 R2-67b, Journals, General/Daily Transactions - destroy 1 C.F. BC-1 R2-70a, Legal Advertisement Records - destroy 1 C.F. BC-1 R2-81 a, Memoranda (City Clerk) - destroy 14 C.F. BC-1 R2-81 a, Memoranda (City Manager) - historic, microfilm and destroy. 14 C.F. BC-1 R2-83c, Minutes/duplicates (Commissioners) - destroy 4 C.F. BC-3R-80b, Poll Lists (City Clerk) - destroy 8 C.F. BC-1 R2-100a, Project Files/Cap. Improvements - badly damaged, destroy 3 C.F. BC-1 R2-106a, Purchasing Records (City Clerk) - destroy 8 C.F. BC-1 R2-115b, Resoultion & Ordinance Back-up Files/duplicates (Commissioners) - destroy 2 C.F. BC-1 R2-115b1 R2115b, Resolution & Ordinance Back-up Files/duplicates (Mayor) - destroy 18 C.F. BC-1 R2BC1 R2-115b, Resolution & ordinance Back-up Files/duplicates (City Manager) - destroy 27 C.F. BC-1 R2-115a, Resolution & Ordinance Back-up Files (City Clerk) - historic, microfilm and destroy 4 C.F. BC-1 R2-116b, Resolution Records/duplicates (City Clerk) - destroy 2 C.F. BC-1 R2-121 a, Telephone Message Records (City Clerk) - destroy 3 C.F. BC-1 R2-121 a, Telephone Message Records (City Manager) - destroy 2 C.F. BC-1 R2-113b, Voter Registration Books/duplicates (City Clerk) - destroy 12 11159 13 11159 MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle VAIllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review tilde Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11157 In the .......... XXXXX...................... Court, was published In said newspaper in the Issues of Jun 17, 1994 Affiant further says that the said Miami Dally Business Revisw is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has nelth nor promised any person, firm or corporation any sco t, rebate, commission or refund for the purpose of u g thla ertlsement for publication In the amid p r. ► Swom to and aubscrib fore me this 17 June 94 ...... d of .....�.—�......... ^., A.D. 1 ..... ......... C3FfifYlM1� AKT•+�EA.a...... ..... (SEAL) AGNES E. PE:vA VaN: AR. Bu c srATE OF FLORMA ASookle WIIms ,lip"Ntt1 QC 172106 MY MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11259 In the .......... XXXXX ..................... Court, was published in said newspaper In the Issues of May 26, 1995 Afflant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither r promised any person, firm or corporation air" oun rebate, commission or refund for the purpose of s rin this advertisement for publication in the said news Sworn to and subscritore me this 26 �.- May 95 �dj� of �•••••or« .�..... D. 19..... . i W." (sEAL)Sookle Wllllams p D meN .rSEAL M C-. c W 1 rir AN,11 Q1A41C :4fS 1NM ttllMsr raN as to 11M► dry ot, Mal 1915, the Ctty C006.64" of I'm I , f�ptfdr. adopMd the /0lawltq IiMe otdinancer. ANRGEt1CY &1NEW S11EGU .A REVENUE FUND G NTtfl.W-'f' M R FC7OD SERVICE PROCiRAI FAR CHN:BREN "VS FOR TH OPERATM OF 'aApE Or S'9 A15 OF A- GRANT, L►ROM THE 1 111ED' .O AGRICULTURIE TRH DePARN� O EDUCATKft AU1i IM OW VIAI Aw Tra AWIFT TH GRANT AWARD FFAW THE U l#r.=, SATES OEPART#Mff, Q ANO TO - �Ito : ran 1WM* Mr Aii�Bt A WN SFMECIAL Y�_ a c e ««- c:.,,. 'yea. a • �•:• •• -~ a 3•"• \' � e ! 3!::a . VT �.'w.. li �T 7 • 4 i.�1d 1 x' RESIAtOW it V"jW A'THE CITY MANAW TO'A GRANT OF FPA)m THE AIONROE CdEMTY DEPAATME1T AM TO ANY D RWM'T; TO ACMff MW 6CMAN04G'A � AND A SIEVVIIA1111111LOTCAM ' p1�iAi110E Ma. ti1Nb AN EMERGENCY CAPI NAN IX, VATH ATTACHMENT. ORDNANCE NO. 11127, _ADOPTED 41114RCH". 24. 11 ESTABUSHM NIMAI, CS R *a FOR A SPECIAL FUND IEIIIMRMWOWN ENFORCEME? AUTICTHS. CITY 1�AANA M A GRANT N; TW M __ =75 O FRICIM 6..1r'- tfr' AN EMERGENCY LISHING INIMAL R A SPECIAL REIREI BATTERY"; AND THE GRANT OK I SAID J640RR7NG THE CtNY Ir41NA®ER �OF "F DTEPT SAID GNAN'T; CONTAINING A f*PEALER iffy-M� � tNiA 1 i1 •011loe d the a Iptla wn i viva, M11Mui. ifor14w MaiPh 1-1 :: / - l41 1 _.