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ORDINANCE NO. ______ _
An Ordinance relating to public records; amending the City of South Miami
Code of Ordinances Section 2-18, (a) through (g) entitled "Photographing
Imaging and destruction of public records".
WHEREAS, one of the most important duties of the city clerk's office is overseeing the
retention and disposition of records; and
WHEREAS, technology advances at a more and more rapid speed every day, changing
the way we handle our records such as in the case of "digitizing" which has replaced
"microfilming"; and
WHEREAS, it is the recommendation of the city attorney and the city clerk to amend the
code and bring it up to date.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.
amended to read:
Sec. 2-18 of the City of South Miami Code of Ordinances shall be
(a) Authority of city clerk. The city clerk shall have the power to order the destruction
of public records of the city, as per the state General Records Schedule for State
and Local Government Agencies (schedule GSI). 'lAth or ',vithout photographing
such records prior to their destruction. Before the clerk shall order any public
records destroyed by any department head, official or employee, such destruction
shall be approved by the records retention committee. Records may be
photographed or microfilmed digitized, whether destroyed or not.
(b) Records retention committee. There is hereby created a records retention
committee consisting of the city clerk, the director of finance, the city attorney
and the city manager. The city manager shall be the chairman of the committee.
The records retention committee shall make and promulgate suitable rules, within
the limitations of this chapter, governing the destruction, or microfilming
digitizing and destruction of public records of the city. Nothing herein contained,
however, shall relieve the records retention committee of the duty of investigating
and approving the destruction of each individual group of records when it is
proposed that such group of records be destroyed.
(c) Alanner &} micr&jiiming and destroying records; certificate. Microfilming of
records shall be accomplished by the method or system best calculated to
perpetuate records on film. Destruction of records shall be accomplished by
Additions shown by underlining and deletions shown by overstriking.
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casting them into the furnace at the city incinerator. Upon the destruction of any
city records, as herein provided, the person destroying or witnessing the
destruction of the same shall forthwith make and file v/ith the city clerk a
certificate describing the records destroyed, and certifying the date and manner of
destruction.
W10 Survey of records by department. At intervals at the discretion of the department
head, the head of each department of the city shall make, or cause to be made, a
survey of the records of his department, and shall forward to the city clerk for
consideration by the records retention committee, his recommendations as to
destruction, microfilming digitizing or microfilming digitizing and destruction, of
any of the records of his department.
fe1® Unauthorized destruction of records. It shall be unlawful for any person willfully
to destroy public records of the city without proper authority to do so.
EfJw Records retention schedule. The term "Record Retention Schedule shall mean the
state General records schedule for state and local government agencies (currently
referred to as schedule GS1) and this schedule, and rule, for the retention and
destruction of public documents is hereby adopted. The retention and destruction
. of public records as provided in subsections (a) through fe1 ® of this section 2-18
are to be controlled and governed by that "Records Retention Schedule," a copy
of which is on file in the city clerk's office.
ooill Official custodian. The city clerk shall be the custodian of the "Records Retention
Schedule," and shall ascertain that all actions taken under the provisions of
section 2-18 conform to the provisions of the "Records Retention Schedule."
(g) Digitizing. Whenever the term digitizing is used in this ordinance it shall mean
the recording on a medium other than paper and shall be the method commonly
31 used at the time of recording.
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36 Section 2. Codification. The provisions of this ordinance shall become and be made part
37 of the Code of Ordinances of the City of South Miami as amended; that the sections of this
38 ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
39 "ordinance" may be changed to "section" or other appropriate word.
40
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1 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
2 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
3 shall not affect the validity of the remaining portions of this ordinance.
4
5 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections
6 and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
7 not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
8 appearance of being in conflict when the two ordinances can be harmonized or when only a
9 portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the
10 ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
11 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to
12 harmonize the two ordinances shall be repealed.
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14 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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16 PASSED AND ENACTED this __ day of ,2013.
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18 ATTEST: APPROVED:
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22 CITY CLERK MAYOR
23 1 st Reading
24 2nd Reading
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26 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
27 LANGUAGE, LEGALITY AND Mayor Stoddard:
28 EXECUTION THEREOF Vice Mayor Liebman:
29 Commissioner Newman:
30 Commissioner Harris:
31 Commissioner Welsh:
32 CITY ATTORNEY
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39 W:\My Documcnts\resolutions\Ordinance public records amendment Sec 2-l8.doc
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