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ARCHIVES LAW OF THE FEDERAL DISTRICT
SECTION ONE Miscellaneous Chapter I Purpose and Application of the Archives Law of the Federal District Article 1. Any and all provisions included herein shall be public and of general interest, and shall have the purpose of regulating the function, contents and administration of documents and such archives as maintained by the Public Administration of the Federal District, the Legislative Branch, the Judicial Branch, and autonomous institutions of the Federal District, and to set the basis to coordinate, organize and operate all archive institutional systems of public entities bound hereunder, and of the General Council of Archives of the Federal District.
Article 2. The public government of the Federal District shall, pursuant to the provisions contained herein and within its jurisdiction, issue any and all rules to regulate the procedure to be followed to declare as historical documents or document collections in possession of individuals, which documents may be relevant to the history and culture of the Federal District, and to include such historical documents in the Registry of Documentary Property of the Federal District, without affecting the legal private ownership thereof or the juridical status of their owners or legal holders.
Article 3. For purposes hereof, the following public entities shall observe the provisions herein contained:
XII. Entities equivalent to public or private juridical persons, whether they assist any of the aforementioned bodies or use public monies; Article 4. For purposes hereof, the following terms shall have the following meanings:
Archive: Set of organized documents collected by one person or public or private institution, in exercise of its powers, used as evidence and source of information by the persons or institutions preparing them, by citizens, or intended to be used as a source of study for history and research purposes;
Document Disposal Catalogue: General and systematic record prepared by the archive coordinating unit and approved by the COTECIAD of each public entity, setting forth, in accordance with the general archive classification framework, all documentary values, conservation periods, document valid term, classification as public or restricted access information, whether reserved or confidential and destination;
Council: The General Archive Council of the Federal District, consulting body in terms of rules, laws and regulations, as well as with respect to public archives;
Preventative Conservation: Set of actions aimed at securing the conservation of documentary property through the implementation of appropriate maintenance programs to achieve adequate environmental conditions, document handling and storing procedures, exhibition and transportation of such documents, implementation of plague control and emergency plans in any event of disaster; COTECIAD: Comité Técnico Interno de Administración de Documentos, Internal Technical Committee for the Administration of Documents;
General archive classification framework: Technical instrument describing the hierarchical and functional structure of documents, and setting a differentiation and stratification principle for the various documentary groups forming the corpus of a public entity. Thus, documents are grouped in natural sets called fund, section, series, file and documentary unit;
Destination: Determination of transfer to the applicable archive area, depending on the life cycle of documents or, if applicable, to their elimination;
Electronic document: Information backed up, during its whole life cycle, in electronic format and having an automated treatment, requiring a specific tool for reading or retrieval; File.- Set of documents organized in accordance with a specific method and dealing with the same subject, which cannot be separated, conforming the basic structure of a Documentary Series; Fund: Set of documents, irrespective of their backup or document type, prepared or collected by a natural person, family, public or private institution during their actions as a producer; Documentary Administration.- System of procedures allowing the flow of information within an institution, through which those responsible for the administration make sure all issues are effectively and timely dealt with, in accordance with law; Information.- Any and all archives, records or data contained in any printed, optical, electronic, magnetic, chemical, physical or biological means, document or record in possession of a public entity; Documentary Inventory: Consultation and control documents describing the series and files of archives and making it possible to locate, transfer or dispose of them; Conservation Period: Time period during which documents shall be conserved in the administrative procedure, concentration and historical archive areas;
Documentary Heritage: It is a part of the Historical Heritage of the Federal District and is comprised of all documents prepared, produced, received or collected by public entities, in any period, in the exercise of their powers. For purposes hereof, multiple books of edited or published works and personal property of an essentially artistic, archeological o ethnographic nature shall not be deemed Documentary Heritage; Network: The Archive Network of the Federal District;
Regulation: Shall mean the regulation of this Law;
Documentary heritage records: An inventory where all information with respect to documents deemed documentary heritage of the Federal District is collected and incorporated, together with information regarding their producers, custodians or possessor, volume, period, backup, access conditions and special characteristics;
Section: Subdivision of the fund consisting of the administrative divisions of the public entity forming it and, if this is not possible, with geographical, chronological, functional or similar groups in the same entity;
Series: Subdivision of a section, consisting of a set of documents produced by a person during the development of administrative duties and regulated under the same lawful rule and/or procedure;
System: The Institutional Archive System of the Federal District;
Transfer: Controlled and systematic transfer of sporadic consultation files from the Administrative Procedure Archive Unit to the Concentration Archive Unit; and the controlled and systematic transfer of documents from the Concentration Archive Unit to the Historical Archive Unit for its permanent conservation; Primary Values: Shall mean the intrinsic values contained in documents during their early years, or procedural values: administrative, legal and tax values; Secondary Values: Shall mean the intrinsic values contained in documents during their middle years, which values are: informative, testimonial and evidentiary values. Article 5. For construction and application hereof, the following principles shall be observed:
I. Principle of Original Order: This principle shall involve efforts to maintain the documents included in each documentary fund in the order they were originally assigned;
II. Principle of Source: This principle means to respect the institutional source where the documentary funds were produced. All archive documents produced by a public entity shall be grouped and shall in no event be mixed with other documents, respecting their organization and attributions.
III. Principle of integrity: Each public entity shall be responsible for maintaining all documents organized, so that they can be easily located, consulted and reproduced, using methods and techniques to systematize information, and using new technologies applicable to the administration of documents.
IV. Principle of Preservation: Each public entity shall be responsible for maintaining in perfect conservation conditions all documents entrusted or made available hereunder, and shall use its best efforts to prevent them from being destroyed, damaged or altered. Article 6. All public entities bound hereunder, and all persons using public monies or performing public duties, shall cooperate to defend and preserve the documentary heritage of the Federal District, taking such steps as necessary, pursuant to this Law and all rules and regulations giving effect hereto, to prevent them from being damaged, lost or destroyed; further, public entities shall give notice to the Council about any circumstances involving or producing damages to such property for the corresponding record, and shall also give notice to the Department of Culture of the Federal District in any event historical documents are involved, for all applicable purposes in accordance with laws, rules and regulations in effect.
Chapter II The Documentary Heritage of the Federal District
Article 7. All documents conforming the documentary heritage shall be maintained duly organized and described, and shall be available to public entities responsible for the application of this Law and any other person requesting them, at the offices that prepared or collected them, or in the corresponding archive.
Article 8. The Council and the Historical Archive of the Federal District shall be entrusted with the record of the inventory of the documentary heritage of the Federal District with such information as provided by public entities.
Article 9. All archives regulated hereunder shall be deemed public property; therefore, they shall in no event be sold or seized; further, they shall remain in full force and effect and shall not be subject to encumbrances or limitations on ownership.
Section Two Organization and Functioning of the Institutional Archive Systems of the Federal District Chapter I Name of Archives Article 10. Depending on the life cycle of documents and the documentary values thereof, archives shall be grouped within each public entity as an Institutional Archive System, under the following names:
I. Formality Archive or Administrative Procedure Archive, including all documents undergoing administrative procedures. Documents shall be kept in this Archive in accordance with the Document Disposal Catalogue of each public entity, for the strictly indispensable time period to meet the purpose it was created for, and they shall be sent to the Concentration Archive Unit for purposes of precautionary conservation;
II. Concentration Archive, including all documents that have successfully completed administrative procedures and which, upon valuation, are transferred by the Administrative Procedure Archive Unit to the Concentration Archive Unit for their precautionary conservation in accordance with the Document Disposal Catalogue of the respective public entity. This archive Unit includes documents sporadically consulted by the administrative units of public entities and whose primary values are still in full force and effect;
III. Historical Archive, including documents that have completed their term in the Concentration Archive Unit and are transferred to complete their life cycle to the historical Archive Unit of the public entity or, if applicable, to the Historical Archive of the Federal District, and which conform the Historical Heritage of the Federal District. Article 11.- All information prepared, received or administered by public entities in their respective Institutional Archive Systems and contained in any means or backup mechanism, whether written, printed, electronic, computerized, holographic, visual or auditory, or any other means derived from technological innovations, shall be called an archive document. Archive documentation shall mean all documents included in records documenting the exercise of powers or the activities of public entities. Archive documents shall be organized, listed, conserved and guarded hereunder and pursuant to the Regulation hereof.
Chapter II Organization and Composition of Institutional Archive Systems Article 12.- Public entities of the Federal District, pursuant to applicable laws, shall prepare and organize, with all necessary groups, their respective Institutional Archive Systems, enabling a correct administration of documents throughout their life cycle, in accordance with the guidelines set forth in this Law and its Regulation.
Article 13.- The Institutional Archive System shall be formed in each public entity according to the following format:
I. Legal Components, and II. Operational Components.
Legal components shall be in charge of the regulation and coordination of the System’s operation.
Operational components shall be all administrative procedure, concentration and historical archives, in charge of the daily functioning of the System, depending on the life cycle of the documents of the relevant public entity.
Article 14.- Legal components shall include:
I. The Archive Coordinating Unit; and II. An Internal Technical Committee for the Administration of Documents (COTECIAD)
Article 15. In each public entity of the Federal District, the Archive Coordinating Unit shall be responsible for the regulation of the Institutional Archive System so that it has a standardized and homogeneous operation, and COTECIAD shall act as its consulting technical body.
Article 16. The head of the Archive Coordinating Unit shall be appointed by the public servant legally empowered to do so and, if applicable, such public servant shall establish the hierarchical level and administrative department corresponding thereto.
Article 17. COTECIAD is the consulting technical body that shall instrument and give feedback on all applicable laws in terms of archives of the public entity, and shall be formed by the heads of administrative procedure, concentration and historical archives, as well as other persons who, due to their experience and duties within the relevant public entity, are necessary to promote and secure the correct administration of documents and to administer the archives of each institution.
COTECIAD shall have, at least, the following structure:
I. A Chair, represented by the Chief Administration Officer, or equivalent, of each public entity; II. A Technical Secretary, represented by the head of the Archive Coordinating Unit of the public entity; III. An Executive Secretary, represented by the Public Information Office; IV. Members, including the heads of the various archive units of the public entity; and V. Representatives of the Chief Law Office, or equivalent, of the internal control body of the public entity, and the departments of computing, systems and financial resources.
Article 18. Operational components shall be formed in accordance with the organic structure and modalities appropriate for each public entity, pursuant to their internal laws, rules and regulations, considering the following organization:
I. General units of the public entity, as follows: a) Central Correspondence Unit, or equivalent; b) Concentration Archive Unit, or equivalent; c) Historical Archive Unit, or equivalent.
II. Particular units in each Administrative Area: a) Formalized Documentation Unit or equivalent; b) Administrative Procedure Archive Unit or equivalent.
Article 19. The heads of operational units in the Institutional Archive System shall be designated by such officers as legally empowered to do so, and shall meet the profile, knowledge and experience regarding archive science, and be continuously trained and updated in such matters, in accordance with the Archive Development Institutional Program established by each public entity.
Chapter III Functions and Components of the System Article 20. The Archive Coordinating Unit shall have the following duties:
I. Design, propose, develop, implement and evaluate archive development plans, programs and projects; II. Establish all policies and technical actions to regulate archive processes during the life cycle of documents in the archives; III. Prepare all instruments, processes and archive control methods of the public entity; IV. Act as Technical Secretary of COTECIAD of the public entity; promote the regular operation of such body and help to prepare its operation regulation and annual work program; V. Prepare and submit all technical models or Manuals for the organization and procedures of administrative procedure, concentration and historical archives, if any, of the public entity, in coordination with the heads of such units; VI. Coordinate works for the preparation of the main archive control instruments of the public entity, proposing the design, development, implementation and updating of the Archive Classification System, the Document Disposal Catalogue and lists prepared to identify and describe institutional archives; VII. Establish, in coordination with the responsible body for such duty within the public entity, a wide training program in this matter, and the main strategies for the professional development of personnel performing archive functions; VIII. Work with the responsible body for such duty within the public entity, to prepare a program of needs to normalize all material resources channeled to archives, favoring the incorporation of pieces of furniture, technical, safety and conservation equipment, and appropriate facilities for archives, according to the functions performed and services provided; IX. Work with the responsible body for such duty on the design, development, establishment and update of laws, rules and regulations applicable within the public entity, to acquire information technologies for archives, and for the automation of archives, digitalization or microfilming of archive documents, or for the administration and conservation of electronic documents; and X. All other duties provided for in applicable laws, rules and regulations.
Article 21. The duties of COTECIAD shall include:
I. Act as the consulting technical body, for implementation and feed back of applicable laws, rules and regulations in this matter in the archives of the public entity; II. Prepare all the documentary valuation programs of the public entity; III. Foster the development of permanent coordination and reconciliation actions among its members, to favor the implementation of archive rules for an integral improvement of the archives of the public entity; IV. Participate in technical and academic events in this matter taking place in the public entity, in those called by the General Archive Council of the Federal District and those organized by other national or international institutions; V. Issue its operating regulation and annual work program; and VI. Approve such archive control instruments as provided for in Article 35 hereof; VI. All other duties set forth in applicable laws, rules and regulations.
Article 22. The generic functions of the Institutional Archive System operative components of each public entity shall be as follows:
I. The Central Correspondence Unit, or equivalent, generically known as Filing Office (Oficialía de Partes), shall provide centralized services of reception and dispatch of official correspondence within public entities;
II. The Unit of Documentation under Administrative Procedure is responsible for providing integral services of correspondence and administration control in each area;
III. The Administrative Procedure Unit is responsible for the administration of archive documents in administrative procedure, documents of daily use and necessary to exercise the powers and perform the duties of each area;
IV. The Concentration Archive Unit shall be responsible for the administration of documents less and less consulted, which shall remain in such archive until completion of their conservation period by reason of their administrative, legal and tax primary values; and
V. The Historical Archive Unit, or equivalent, shall be responsible for the organization, description, conservation, preservation, administration and release of institutional documentary records.
Article 23. The specific functions of the Institutional Archive System operational components shall be described in the respective organization and procedure Manuals prepared by the archive coordinating unit and approved by the COTECIAD of the public entity.
Chapter IV Documentary and Archive Processes
Article 24. Archive processes are a set of actions allowing the public entity to follow up the life cycle of documents, from their very preparation or inclusion, until their transfer to the historical archive or final elimination due to a lack of secondary values.
Article 25. The head of the Archive Coordinating Unit, prior consultation with the COTECIAD, shall issue such control instruments as necessary to regulate all archive processes performed during the life cycle of the documents of the public entity, implementing all necessary actions together with archive units.
Article 26. Archive control instruments make it possible to perform archive processes associated to the life cycle of archive documents.
Article 27. Basic documentary and archive processes include:
I. Handling of incoming correspondence, control of correspondence in procedure and correspondence to be sent; II. Integration of files and documentary series; III. Classification and organization of files; IV. Documentary description; V. Primary and secondary valuation; VI. Document disposal; VII. Access to archive information; VIII. Primary and secondary transfers; IX. Conservation and restoration; and X. Dissemination.
Article 28. Archive documents shall be incorporated into files, or compound documentation units, comprised of one or several archive documents, logically and chronologically arranged and related to the same matter, activity or procedure.
Article 29. All files related to the exercise of a duty or generic attribution shall form a Documentary Series. All files shall be associated to the documentary series or function creating them, and shall be organized in accordance with the Classification System established in the public entity.
Article 30. Archive Classification is the process followed to identify, group, systematize and encode files according to their structural and functional source. The files of public entities shall be correctly classified using classifying codes for their identification, which codes shall include, without prejudice to any intermediate levels established by the public entity, the following components:
I. Code of the Administrative Unit or area that prepared the file; II. Code of the Series to which the classified file belongs; III. Title of subject or matter to which the file refers; IV. Consecutive number of the file in the Series to which it belongs; V. Year of creation and, if applicable, of elimination of the file; VI. Documentary valuation and disposal data associated to the file; and VII. Data associated to restricted access information and, if applicable, public dissemination of file, pursuant to the Transparency and Access to Public Information Law of the Federal District.
Article 31. Archive description is a systematized record of archive document information collected, organized and ordered in such a way that it may be used to locate and explain the context and system preparing it.
Article 32. Documentary valuation is an analysis process to determine the values of documents.
Documentary value is the condition of archive documents, in terms of their nature and administrative, legal or tax primary values in administrative procedure and concentration archives, depending on their secondary evidentiary, testimonial and information values, which determines their permanent conservation in a historical archive. Document valuation makes it possible to determine for how long they will be preserved or maintained in full force and effect in the System, and determine their disposal.
Article 33. Document disposal is the immediate successive destination of files and document series within the Institutional Archive System, upon prescription of their administrative, legal or tax primary values, causing the selection of archive documents acquiring a secondary value, or documentary elimination, or removal of those failing to have secondary or historical value. Based on the valuation and document disposal processes, which shall in all cases be completed within public entities by valuation groups formed in their COTECIAD, document disposal catalogues shall be formed, with their auxiliary instruments such as expiration schedule, primary and secondary transfer lists, and lists for the elimination or reduction of archives, to select documents with secondary or historical values, or perform documentary elimination or reduction processes.
Article 34. Elimination or reduction of documents is the process of reasoned and systematic elimination of expired documents, in terms of their primary values: administrative, legal or tax, without secondary or historical values: evidentiary, testimonial or informative, according to the valuation of archive documents. All time periods and processes of elimination or reduction shall be set forth in the document disposal catalogue prepared by each public entity.
Archive Control Instruments
Article 35. The archives of the Federal District shall at least have the following archive instruments:
I. General Classification Chart; II. Lists of administrative procedure, concentration and historical archives; III. General Fund Guide of Historical Archives; IV. Primary and secondary transfer lists; V. Elimination lists; VI. Controls for incoming correspondence, correspondence following a procedure (administration control) and to be sent; VII. Control of file lending and user statistics; VIII. Document Disposal Catalogue; IX. Maps of the topographic organization of Concentration and Historical archives; and X. Document conservation and restoration controls;
Article 36. For the preparation of the aforementioned instruments, public entities shall apply any standardization elements corresponding to the use of national and international laws, rules and regulations.
Chapter VI Electronic Documents
Article 37. All public entities, within the framework of their Institutional Archive System, shall set the steps to administer, use, control and conserve electronic archive documents, securing that the following actions are performed:
I. Incorporate and orderly use information technologies to create electronic archive documents associated to institutional administration processes; II. Establish computing programs to administer electronic archive documents; III. Incorporate national and international actions, rules and technical specifications to guarantee the authenticity, safety, integrity and availability of electronic archive documents and their archive control; IV. Guarantee the use and conservation of electronic documents as long-term information; V. Prepare an appropriate atmosphere to incorporate processes, instruments and new technologies for classification and description, and to valuate and dispose of electronic documents; VI. Generate all necessary computing links with the Network to exchange information. Article 38. Public entities shall favor the orderly development, with the participation of all instances empowered in their respective institutions and within the framework of their System, of programs for the automation of archives, digitalization of images and, if applicable, microfilming programs, promoting reasoned and efficient actions to be performed in the application and acquisition of incorporated technologies for archive documents administration, management and conservation of archives, in various document backup means.
Article 39. Electronic documents shall contain any and all diplomatic elements such as actor, action, time and space; and any other characteristic determined by each public entity.
Article 40. All documents having electronic backup shall contain duly organized and complete information to guarantee their use as archive information and their long-term conservation as a historical record, if so determined by their values.
Chapter VII Archive Development Programs
Archive 41. Public entities shall, once a year, prepare an Institutional Program for Archive Development explaining the objectives, strategies, projects and activities to be performed in order to comply with this Law and its Regulation.
Article 42. Institutional Programs for Archive Development shall include, among other things:
I. Development and implementation projects and actions for technical laws, rules and regulations; II. Projects for training, specialization and professional development of archive personnel; III. Projects, depending on the budget of each public entity, for the acquisition of the most urgent material resources required by the archives of the institution; IV. Studies and research for an orderly incorporation of information technology in archives; V. Dissemination and archive release actions to promote a new institutional culture in the matter; VI. Projects for the conservation and preservation of archive information; VII. Preventative projects and plans to face emergency, risky or catastrophic situations.
Article 43. For performance, control and evaluation of the Institutional Program for Archive Development, public entities shall establish such actions as necessary for their performance, within a framework of transparency and accountability, publish on their Internet sites, among other things, the Program, performance schedule and National Report regarding compliance therewith.
Both the schedule and all progress reports shall be sent to the General Council of Archives of the Federal District, not later than January 31st of each year, in printed and electronic format for record thereof. Chapter VIII Historical Archive of the Federal District Article 44. The Historical Archive of the Federal District shall be comprised of all Funds and Collections corresponding to institutions in full force and effect in Mexico City up to the 20th century, and of all funds and collections received.
The historical funds of the 21st century shall be hereinafter guarded by the historical archives of the public entities, which shall send an electronic copy of their historical information inventories to the Historical Archive of the Federal District for future use.
Due to the importance of values contained in a document, public entities shall be entitled to send to the Historical Archive of the Federal District all documents containing relevant and transcendental information for Mexico City, irrespective of their age.
The Historical Archive of the Federal District shall have the following objectives:
I. To project and disseminate the identity and history of Mexico City, as recorded in the documents kept by such Archive; II. Receive documentary Funds from institutions permanently divested; III. Promoting scientific research in its Funds and Collections; and IV. Promoting archive knowledge among the people.
Article 45. The juridical nature, internal structure and functioning of the Historical Archive shall be regulated by rules issued by the head of Government of the Federal District. Capítulo IX Handling Archives of Expired Public Entities
Article 46. In any event of merger or divest of institutions, all document funds shall be delivered to the replacement institution in the exercise of its powers, according to its life cycle, through normalized archive lists, with each and all series forming the public entity merged or divested.
Article 47. If a public entity is divested and there is no other entity to replace it or perform related activities, all the documents of such entity shall be sent to the Historical Archive of the Federal District.
Article 48. Upon conclusion of their office, public servants shall deliver their corresponding archives, all documents generated and received during office through archive inventories, and the Document Disposal Catalogue, pursuant to the Delivery-Reception Law for Public Administration Resources of the Federal District.
SECTION THREE Archive Resources Chapter I Human Resources
Article 49. The heads of Administrative Procedure, Concentration and Historical Archive Units of the Institutional Archive System shall have the following rights and duties: I. Plan and coordinate, from the COTECIAD, all the activities of archive areas of the public entity in document administration matters; II. Be a part of COTECIAD, the agency in charge of the destination of archive documents, as provided hereunder and under the Regulation; III. Provide permanent professional training to the personnel of the area; IV. Promote and administer the growth of a documentary heritage; V. Participate in dissemination programs to extend to the society the knowledge and use of public collections; VI. Intervene in the destination of archive documents of their area; VII. Issue certifications of all documents conforming documentary funds kept under their surveillance; VIII. Propose to the applicable authority of such public entity to enter into agreements and arrangements with public and private, national and international, institutions to train personnel in document administration matters and exchange technical and operational archive knowledge; and IX. Prepare an annual archive diagnosis of the documentary funds of its area; X. Organize, protect and defend the documentary heritage of the bound entity where they belong; XI. Participate in integral archive modernization programs in order to offer higher quality services to Mexican citizens in terms of access to information and public servant decision-making; XII. Prepare and disseminate guides, inventories, catalogues, indices, records and other description instruments to make easier the organization, consultation and access of Funds according to the type of archive they prepared or are accountable for; XIII. Take all steps necessary to conserve the documentary heritage they are safeguarding. XIV. All other rights and obligations set forth hereunder, under the regulation, and other applicable legal provisions.
Article 50. Public entities shall, by themselves or working with others, implement the granting of economic support for the improvement of facilities and equipment of archives integrated to the System, and for the development of programs to organize, describe, restore and release such archives.
Article 51. To be the head of the Archive Coordinating Unit or Operational Units of the Institutional Archive Systems, the following requirements shall be met:
I. Be a technical student or have a first degree in Archive science, administration, history, some similar career, or have proven experience of three years in the organization and administration of archives; II. Have never been convicted of a deliberate crime; III. Have never been separated from the public service due to any administrative reason.
Chapter II Archive Buildings and Infrastructure Article 52. Public entities shall establish appropriate areas which are enough to provide storage and archive services.
Article 53. Any archives which, due to their nature, require the consultation of secondary sources for research purposes shall have all necessary room to provide such services.
Article 54. For the performance of their duties, public entities shall, whenever possible, adapt archive facilities according to the recommendations of the Latin American Archive Association for the construction or adaptation of archive areas and furniture.
To protect archives, public entities shall have:
I. Appropriate facilities and furniture to maintain the documentary funds under their custody; II. An appropriate infrastructure for the preventative conservation of documents; and III. Preventative and safety actions to guarantee the protection of document deposits, such as:
a. Smoke detectors. b. Harmless gas fire extinguishers; c. Retarding archive materials; d. Disinfection rooms; e. Rooms to clear insects; f. Surveillance; and g. Emergency Plan.
Archive coordination and communication mechanisms in the Federal District Chapter I Federal District General Archive Board
Article 55. The Federal District shall have a General Archive Board aimed at supporting the design of methodologies to administer archives, helping in the implementation of public instruments, coordinating the Archive Network, and supporting the COTECIAD of each public entity in the performance of the provisions contained herein.
Article 56. The members of the Board shall be deemed honorary members and shall be designated by the heads of the legislative, executive and judicial branches. Such collegiate group shall fix its own internal regulations.
Article 57. The Board shall be formed by three members representing the Executive, Legislative and Judicial branches of the Federal District;
From its members, the Board shall designate, by a majority of votes, a Chairman, who will remain in office for one year.
The Board shall have a Technical Secretary designated by the respective Chairman.
Technical Secretaries of COTECIAD ascribed to Autonomous Public Institutions of the Federal District shall be entitled to participate in the meetings of the Board’s permanent guests.
Article 58. To be a Board member, the following requirements shall be met:
I. Be born a Mexican citizen or become a Mexican citizen by naturalization, capable of exercising political and civil rights;
II. Never been convicted of a deliberate crime deemed serious;
III. Have experience in Public Administration and have never been disabled to perform public duties at any government level;
IV. Hold office, at least, as General Director, Chief Executive Officer, or equivalent; and
IV. Have at least a first degree, preferably in Archive science, Public Administration, Information Science, Law, History or similar Social Sciences, and three years of experience in archive direction or administration.
Chapter II Rights of the Board Article 59. The Board shall publish all methodologies and studies to cooperate with the analysis, identification, organization, classification, description, conservation, valuation and dissemination of archives, to properly administer documents in the archives of public entities.
Article 60. The Board shall be entitled to: I. Support COTECIAD´s of public entities to design methodologies for archive processes during the life cycle of documents; II. Coordinate and supervise the optimal functioning of the Archive Network for the Federal District; III. Make all applicable recommendations to public entities in connection with the administration of documents; IV. Organize technical – academic meetings to favor an archive culture in the Federal District; V. Prepare its Internal Regulation and other operation rules; VI. Provide publications specialized in archive science and similar sciences; VII. Prepare its Annual Work Program; VIII. Support public entities with professional training and updating programs for archive specialists in the Federal District; IX. Prepare, edit and publish each year a magazine on archive science and similar sciences; and XI. Publish its annual activity report Chapter III Archive Network of the Federal District Article 61. In order to optimize Information Resources, guarantee Transparency, Access to Information, Protection of Personal Data and Administrative efficiency, an Archive Network of the Federal District shall be formed as a set of rules, exchange mechanisms and devices, and telematic information query among public entities, according to its duties and rights.
Article 62. The heads of public entities shall guarantee the preparation of archive description instruments within their powers, in accordance with national and international standards, in compliance with the following principles:
I. Safety of information, setting access levels depending on the duties, powers and rights of users;
II. Compatibility of data exchange languages and archive description instruments formats; and
III. Permanent accessibility
Article 63. The Board, as coordinating unit of the Archive Network, shall perform the following duties:
I. Publish and release, on an annual basis, all elements to be included in such archive description instruments as mentioned in the article above;
II. Prepare and release, on an annual basis, a bulletin containing all national and international news regarding advances in archives.
SECTION FIVE Penalties
Sole Chapter
Article 64. Any violation of the provisions herein contained and any other provisions derived herefrom shall be imposed penalties as provided for in applicable laws, rules and regulations in administrative liability matters to public servants in the Federal District. Violations to this Law shall include:
I. The sale of archive documents kept in archives of public entities; II. The unauthorized subtraction of documents kept in archives of public entities; III. Negligent loss or damage inflicted to archive documents; IV. Deliberate damage inflicted to archive documents; V. Deliberate alteration, adaptation or modification of the information contained in archive documents; VI. Illegal possession of any document upon removal from job, charge or commission; VII. Any violation of the provisions contained herein and in regulations, covenants and rules developed herefrom; and VIII. Breach of any provision herein contained. Article 65. Public servants incurring in such violations as mentioned in the preceding Article shall be imposed the following penalties:
I. Warning, for subsections II, VII and VIII II. Fine, for subsections III and VI; and III. Removal, for subsections I, IV and V.
Article 66. All penalties listed in the preceding paragraph shall be applied in accordance with penalty procedures and parameters set forth in the Federal Law of public servants Liability applicable in the Federal District, without prejudice to any criminal or civil liability incurred by public servants. Article 67. Any individual showing any behavior listed in Article 64 hereof shall incur in violation of the provisions hereof, and shall therefore be imposed a fine of five and up to 300 days of minimum wage in effect in the Federal District, upon such failure, without prejudice to any civil or criminal liability that may be incurred. Article 68. To impose the relevant fine, the following aspects shall be considered:
I. The severity of the violation; II. The socioeconomic conditions of the offender; III. Any special circumstances related to such violation; and IV. Damages caused.
Article 69. Prior to the respective penalty being imposed, the public entity shall serve the offender, and the offender, within three working days following service, shall submit any applicable declaration or information. If the offender submits evidence, the provisions contained in Articles 56 and 57 of the Administrative Procedure Law in effect in the Federal District shall govern, and if such evidence complies with the aforementioned provisions, it shall be received and analyzed within three working days following submission. Upon conclusion of such 3-day period, the relevant resolution shall be issued.
If the offender is able to cure, prior to the public entity defining the respective penalty, this fact shall be considered to reduce the severity of the offense.
Article 70. All penalties imposed to individuals shall be deemed tax credits and any amount derived therefrom shall be collected through the administrative proceeding of execution carried out by the relevant authority. Any applicable procedures shall be set forth in the Regulation of this Law. TRANSIENT PROVISIONS
ONE.- This document shall become effective on the date immediately following publication hereof on the Official Gazette of the Federal District.
TWO.- No document shall be eliminated prior to issue of the Document Disposal Catalogue and other rules that set forth procedures to be followed for document disposal.
THREE.- Within 180 calendar days following the effective date hereof, all public entities shall issue such Archive Control Instruments as provided for in Article 35 hereof and other rules or regulations developed hereunder. FOUR.- Public entities shall designate the heads of Archive Coordinating Units and members of COTECIAD not later than ninety (90) calendar days following the effective date hereof.
FIVE.- The 2009 Budget of Expenses for the Federal District shall establish the corresponding budget provision to allow the integration and functioning of this Law.
SIX.- Any legal provision to the contrary of provisions contained herein are hereby derogated.
SEVEN.- This document shall be published on the Official Gazette of the Federal District for proper compliance and application, and on the Federal Gazette for a wider dissemination. |
