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FY2022-19 Amending Kodiak Island Borough Code Title 2 Administration And Personnel1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Introduced by: Borough Assembly Drafted by: Borough Clerk/Attorney Introduced on: 05/19/2022 Public Hearing Date:06/02/2022 Adopted on:06/02/2022 KODIAK ISLAND BOROUGH ORDINANCE NO. FY2022-19 AN ORDINANCE OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AMENDING KODIAK ISLAND BOROUGH CODE TITLE 2 ADMINISTRATION AND PERSONNEL, CHAPTER 2.40 RECORDS MANAGEMENT SECTION 2.40.140 RECORDS MANAGEMENT ROLES AND RESPONSIBILITIES AND SECTION 2.40160 DISPOSAL OF RECORDS WHEREAS, KIBC Section 2.40.140 prescribes the responsibilities of the Assembly, Manager, Clerk, Attorney and Department Directors pertaining to records management and KIBC 2.40.160 dictates the process on how the Kodiak Island Borough can dispose of records; and WHEREAS, upon review of the records destruction process, the Clerk's Office staff found steps that could be eliminated to increase efficiency and to ensure that obsolete records are disposed of in a timely manner following the Assembly approved records retention schedule; and NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Title 2 Administration and personnel, Chapter 2.40 Records Management, Section 2.40.140 is Records Management Roles and Responsibilities is hereby amended to read as follows: 2.40.140 Records management roles and responsibilities. A. Accountability. The overall accountability for the borough records management program lies with the clerk. B. Responsibilities. 1. Borough Assembly. a. Executive body that endorses the principles of efficient records management for borough public records kept in accordance with state law. The records management program includes the systematic control of records from their creation or receipt, through their processing, distribution, organization, storage, and retrieval to their ultimate disposition for the purpose of reducing the costs and improving the efficiency of record keeping. The term includes the development of records retention schedules, a uniformed record plan, the management of filing and information retrieval systems, the protection of essential and Kodiak Island Borough, Alaska Ordinance No. FY2022-19 Page 1 of 4 46 47 48 149 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 permanent records, the economical and space -effective storage of inactive records, the management of micrographics and electronic and other records storage systems, and the development of policies and procedures to implement the program; and b. Approve borough records retention schedules and any amendments.; ar�d . 2. Borough Manager. a. Ensure that all departments comply with the records management program; and b. Approve the records management policies and procedures as prepared by the clerk. 3. Borough Clerk. a. Assigned by the assembly to provide central leadership and oversight of the records management program per AS 29.20.380 and KIBC 2.50.020; and b. Prepare and approve the records management policies and procedures. 4. Department I IeadDirectors. The headdirectorhead of each borough department is responsible for: a. Designating a departmental records management coordinator who shall represent the department on the borough records management team; b. Implementing and ensuring compliance with the records management program within the department according to the borough standards, policies, and best practices; c. Establishing and maintaining file systems in compliance with prescribed standards and procedures; d. The preparation and periodic revision of a departmental records retention schedule which shall be submitted to the records management team; e. The physical inventory of all records created and maintained in their own department; and f. he preparation of inactive records for micrographic conversion and/or for relocation to the records storage area. 5. Borough Attorney a. Review retention schedules for legal compliance and determine that the records scheduled to be discosed of do not need to be retained for a longer period for aurposes of any pending or threatened litigation or other legal purposes befeaq-reser-ds; and b. Responsible for notifying borough manager and clerk's office of litigation holds and releases for borough records upon potential suspicion of litigation, or subpoena of borough records. 6. Deputy Clerk as Records Management Team Leader. a. Prepares and administers the records management policies and procedures according to the deputy clerk's job description; and b. Works with the records management team to fulfill its roles and responsibilities. Kodiak Island Borough, Alaska Ordinance No. FY2022-19 Page 2 of 4 LI 91 92 7. Records Management Team Members. 93 a. Assess and evaluate the borough records management program and systems in place. 94 Identify the records management needs, prioritize those needs, and provide support for 95 the total records management program; 96 b. Review recommended retention schedules submitted by borough departments and 97 forward recommended retention to the assembly for adoption; 98 c. Responsible for providing coordination between the records management team and 99 personnel in their department to ensure compliance with the provisions of the records 100 management program. They are also responsible for maintaining their department 101 records, both active and inactive, for the life cycle of the record; and 102 d. Serve as the spokesperson for the records program for their department and shall inform 103 their department of any changes in policies and procedures. 104 105 8. Borough Employees and Contracted Agents. 106 a. Create, capture, and organize records of transactions undertaken in business processes 107 according to the borough's policies, procedures, and this chapter. 108 109 Section 3: Title 2 Administration and personnel, Chapter 2.40 Records Management, Section 110 2.40.160 Disposal of Records is hereby amended to read as follows: 111 112 2.40.160 Disposal of records. 113 A. y ren or�ri ho dectroieorf chall ho r�}�d aoa d by the dnpaF(Rianf�$ad-� n. vo v�o-vc�rr '.'7 114 ple Fk, and -signed$ff by the atterne y-. 115 B. The a6sembly, bsssl E+a -shall-a t lvrthe dispesal ef the reGGFdS te be destreyed.- 116 G. The receli itmGR a fthririZinq the d1sposal of reGordrs shall nroyWe for C186VU00A nfTeG� 1 1 p7 h which have be8R fG ind nT-r rtt to be of histo Firnl infarect �r to have a lege w 118 a min e-Va[618; narmy.��,n,{a� nt but nenhictnrinnl and have been miGFeffi{M8d: eF nnt�a, 119 histoFiral legalGr-admorrlstf�ve�-Val—i4-R Q r,-r{iay. aisG-1�e'd}s f by-r-e4-ufi in 120 to the. IG Fininal owner 121 D—The-G4ar-k-&hall dispese of the Fe GerdS to ho rLocirnunri in�a m,:2nnnr deformmarl-49be 122 appFepFiate. 123 1=—Atporal the rinrl� shall file in the clerk's Office a deerroti�9e lief of the rerer ry. ---A �- r-rtir.c-vrGr*+-�v v��v.--rr�c-r-vvvr �$ 124 tli- n - m i nm i ^ rr+rrr<vro fi-mrrvd. 125 126 A. The clerk shall dispose of borough records if the following requirements are met: 127 1. The time for retention of the records under the approved retention schedule has elapsed 128 rendering them obsolete and eligible for disposal; and 129 2. The records eligible for disposal are not vital or historical records, have no legal, 130 administrative, or financial value, and are not required to be retained for any other 131 purposes: and 132 3. The clerk has provided the list of records eligible for disposal to the department heads for 133 review and recommendations. Justification must be provided if a record is removed from 134 the disposal list and the record will be returned to the department and will revert back to 135 beinq an active record. Kodiak Island Borough, Alaska Ordinance No. FY2022-19 Page 3 of 4 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 4. The borough attorney determined that the records do not need to be retained for a longer period for purposes of any vendingor threatened litigation or other legal purposes. B. The clerk shall dispose of records eligible for disposal by destruction, by return to the original owner, or by any other means deemed appropriate based upon the records. Records eligible for disposal which are of a confidential nature shall be disposed of by means. determined to be appropriate by the clerk which does not compromise their confidential nature. C. The clerk shall provide a report to the borough assembly a description of all records that are scheduled to be disposed and of obsolete records disposed during the preceding year. The clerk shall maintain a permanent log of all records which have been destroyed. Effective Date: This ordinance takes effect upon adoption. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS SECOND DAY OF JUNE, 2022 KODIAK ISLAND BOROUGH /Z�9' (Z/-� �- ATTEST: William Roberts, Mayor Aw?'v - Nova M. Javier, Interi Borough Clerk VOTES: Ayes: Delgado, Griffin, Smiley, Smith, Turner, Arndt Absent: Williams Kodiak Island Borough, Alaska Ordinance No. FY2022-19 Page 4 of 4 0