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Home My WebLink About25239' RESOLUTION NO. 25239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A REVISED RECORDS RETENTION AND DESTRUCTION SCHEDULE AND AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS IN ACCORDANCE WITH STATE AND FEDERAL LAW WHEREAS, the maintenance of numerous city records is expensive, inefficient, hinders document retrieval, and is not necessary after a certain period for the effective and efficient operation of the government of the City of Palm Springs; and WHEREAS, California Government Code section 34090 et seq. provides that, with the approval of the City Council by resolution and the written consent of the City Attorney, the head of a City department may destroy any City record, document, instrument, book or paper, electronic, or other media, under his or her charge, without making a copy thereof, after the same is no longer required, provided that certain records are exempt from such destruction; and WHEREAS, due to changes in state and federal law regarding the retention of public agency records, City staff has determined that the Records Retention Schedule ' requires amendment in order for the City to be in legal compliance regarding the retention and destruction of obsolete records; and WHEREAS, this Resolution is intended to adopt a revised records retention and destruction schedule that facilitates the orderly and efficient retention and destruction of City records in accordance with State and Federal law; and THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The records of the City of Palm Springs, as set forth in the Records Retention Schedule, "Exhibit A", attached hereto and incorporated herein by this, reference, are hereby authorized to be destroyed as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said Schedule upon the request of the applicable department head ("Director') and with the consent in writing of the City Clerk and/or his/her designee, without further action by the City Council of the City of Palm Springs. A. "City Record" or "Records": Anything that constitutes an objective lasting indication of a writing, event or other information, regardless of physical form or characteristics [including, but not limited to, any record, document, instrument, book, ' paper, map, exhibit, audio/visual recording, magnetic or paper tape, photographic film, photographic print, optical media, electronically transmitted mail (email), facsimile, other electronic file, or other records as defined by the California Public Records Act], which is in the custody of a public officer and is kept either: (1) because a law requires it to be Resolution No. 25239 Page 2 kept, or (2) because it is necessary or convenient to the discharge of the public officer's duties and was made or retained for the purpose of preserving its informational content I for future reference. B. "Non -Record": Anything that constitutes an objective lasting indication of a writing, event or other information that does not fall under the definition of a City Record, [including, but not limited to (1) magazines or publications not produced by the City; (2) library or museum material intended solely for reference or exhibition; (3) transitory writings, including working papers, appointment logs, notes, calculations or preliminary drafts, or interagency or intra-agency memoranda, that are not retained by the City in the ordinary course of business even if they contain information relating to the conduct of the City's business; (4) unofficial copies of documents kept only for convenience or reference; and (5) documents that do not contain information relating to the conduct of the City's business]. C. "Legal Hold": The duty of the City to preserve and not destroy any records that are potentially relevant to any of the following in which the City may be involved: a reasonably anticipated claim or litigation; an ongoing claim or litigation; a pending employee grievance; a pending regulatory or governmental investigation; a pending subpoena; a pending Public Records Act request; a pending audit or similar legal matter. Any records subject to Legal Hold must be preserved in all forms in which the records exist, including both paper and electronic formats. , SECTION 2. The Records Retention and Destruction Schedules are further defined below. A. The Records Retention and Destruction Schedules attached hereto as "Exhibit A" and incorporated herein by this reference, are hereby adopted. B. City Records shall be retained for the minimum periods listed in the column entitled "Total Retention" on "Exhibit A" and shall not be destroyed until notice approved for destruction in accordance with this Resolution C. Non -records need not be retained in any form; provided, however, that any Non -records that are subject to Legal Hold shall not be destroyed until notice is provided by the responsible attorney for the City of Palm Springs that such Non -records no longer need to be retained. SECTION 3. The Approval of Destruction of City Records is further defined below. A. At the expiration of the retention period set forth for each record series listed in "Exhibit A", such expired City Records are authorized to be destroyed as provided by Government Code Section 34090 upon approval by City Council. All City Records approved for destruction that are of a sensitive or confidential nature shall be shredded when in a paper format' deleted when in electronic ' format; and demagnetized when in magnetic.tape format. B. Notwithstanding the foregoing, City Records that are subject to Legal Hold shall be retained and are not authorized for destruction until notice is provided by the Resolution No. 25239 Page 3 ' City Attorney that such City Records subject to a Legal Hold no longer need to be retained. C. In no event may any of the following City Records be destroyed: • City Records affecting the title to real property or liens thereon. • Court Records. • City Records that are required to be kept by statute. • City Records less than two (2) years old except for duplicate records or unless otherwise provided by law. • The minutes, ordinances or resolutions of the City Council or any City Committee, Board or Commission. SECTION 4. Any provision of a previously adopted City Council resolution or Records Retention or Destruction Schedule that conflicts with this Resolution or the attached "Exhibit A" is superseded and shall be of no further force or effect upon the adoption of this Resolution. SECTION 5, The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions. SECTION 6. This Resolution shall become effective immediately upon its passage and adoption. ADOPTED THIS 25TH DAY OF JULY 2024. 14- 2&� Scott C. Stiles, City Manager ATTEST: Aoitl,L rendaPree, City Clerk Resolution No. 25239 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No.25239 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 25, 2024 by the following vote: AYES: Councilmembers Garner, Milddleton, Holstege; Mayor Pro Tern deHarte, and Mayor Bernstein NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 15W day of 2024. rends Pre , MMC, City Clerk , City of Palm Springs, California