In this subtitle, the following terms have the meanings indicated.
“Agency” means any department, board, commission, council, authority, committee, office, or other unit of City government in either the executive or legislative branches, including all elected officials.
“Non-permanent record” means a public record with temporary value that may be destroyed after the passage of a specified period of time.
“Non-permanent record” includes:extra copies of documents that:have no separate administrative purpose or value; and
are preserved only for convenience or reference;
informational copies of correspondence, directives, forms, or other similar documents on which no administrative action is recorded or taken;
library and museum materials made or acquired for reference or exhibition purposes;
personal papers or papers of a private or non-official character that pertain to an individual’s private affairs;
duplicate copies of documents maintained in the same file;
extra copies of printed or processed materials for which complete record sets exists, including current and superceded manuals maintained outside the agency responsible for maintaining the manual;
catalogs, trade journals, and other publications received from government agencies, commercial firms, or private institutions that require no further action by the agency; or
physical exhibits, artifacts, and other material objects lacking evidential value.
“Record” means any documentary material in any form created or received by an agency in connection with the transaction of public business.
“Record” includes:written materials, email, books, photographs, photocopies, publications, forms, microfilms, tapes, computerized records, maps, drawings, and other materials in any format;
data generated, stored, received, or communicated by electronic means for use by, or storage in, an information system or for transmission from one information system to another; and
non-permanent records.
“Record inventory” means a survey of all records series maintained by an agency resulting in a detailed, itemized compilation of the records in the possession of that agency.
“Retention period” means the period of time that a record must be retained in accordance with an approved Records Retention and Disposition Schedule.
“State Archivist” means the individual appointed under Maryland <cite data-doc="Md. Code" data-path="gsg|9-1005">State Government Article, § 9-1005, </cite>or that individual’s designee.
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Ord. 22-125
There is a City Records Management Officer appointed by the Director of the Department of Legislative Reference.
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The City Records Management Officer shall direct the development and administration of a continuing records management, archival, and disposal program for the records of all City agencies.
The City Records Management Officer must:establish standards, procedures, and techniques for the effective management of City records;
prepare, for the approval of the State Archivist, Record Retention and Disposition Schedules providing for:the retention of City and agency records of continuing value for a specific retention period;
the orderly disposal of City and agency records no longer possessing sufficient administrative, legal, fiscal, or historical value to warrant further preservation; and
the identification and preservation of records no longer needed by an agency that are of historical significance;
review all proposals for the digitization of records, whether or not the ultimate destruction of the original record is involved;
assist agency heads in the preparation of agency record inventories;
periodically inspect records and records management practices of agencies; and
organize and administer a City records storage center or centers for the City’s inactive and historical records.
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the City Records Management Officer must adopt rules and regulations to carry out this subtitle.
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Text Conformed 02/09/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (c) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
Each agency head must:
designate an Agency Records Officer to:serve as the agency liaison to the City Records Management officer; and
assist the City Records Management Officer in carrying out the records management program for the agency;
on the request of the City Records Management Officer, prepare a record inventory;
cooperate with the City Records Management Officer in the preparation of Record Retention and Disposition Schedules for the agency head’s agency; and
comply with the rules and regulations adopted by the City Records Management Officer with respect to the retention, disposal, storage, and digitization of agency records.
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Nothing in this section applies to any record that has been transferred to the custody of the Maryland State Archives.
Except as provided in this section or in an approved Record Retention and Disposition Schedule, records created or received by an agency in the course of official City business are the property of the Mayor and City Council of Baltimore and may not be destroyed, sold, transferred, or otherwise disposed of.
Each agency must comply with its Record Retention and Disposition Schedule and the disposal process set forth in <cite data-doc="Md. Code" data-path="gsg">Title 10, Subtitle 6 of the State Government Article of the Maryland Code</cite> to ensure:the orderly retention of records required for the operation of the agency; and
the prompt disposal of records having no further value.
An agency head must submit a Certificate of Disposal to the City Records Management Officer for any record disposed of in accordance with the agency’s Record Retention and Disposition Schedule.
The Certificate of Disposal required by this section must set forth a list of the disposed records and a certification that the records were disposed of in accordance with this subtitle.
The City Records Management Officer shall transmit a copy of any Certificate of Disposal received under this subsection to the State Archivist.
At least 30 days before any records held at any City records storage center administered under this subtitle are destroyed, a list of the records proposed for destruction must be submitted to the City Solicitor and the City Auditor for review.
At any time during the 30-day review period, the City Solicitor or the City Auditor may submit to the City Records Management Officer a written objection to the destruction of a record or set of records on the list.
On receipt of a written objection under paragraph (2) of this subsection, the City Records Management Officer must retain the record.
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As provided in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§7|(b)">City Charter Article I, § 7(b)</cite>, any agency may substitute a digital image or file for any of its records, provided that:
the required Record Retention and Disposition Schedule has been approved; and
any digital surrogates have been produced in a manner consistent with the rules and regulations adopted under this subtitle.
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