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HomeMy WebLinkAbout9/15/1999 - STAFF REPORTS (11) DATE: September 15, 1999 TO: City Council FROM: City Clerk RECORDS RETENTION PROGRAM RECOMMENDATION: That the Council establish a city records retention program. BACKGROUND: It is generally held that all City Council records must be retained permanently, if not in their original form, then at least on microfilm. Certainly this is true for primary records: minutes, resolution, minute orders, and ordinances. In City government, these records are necessary for present purposes. Beyond that, in varying degrees, they are evidence of the work and actions of the City Council and City Officials. Such evidence is necessary to protect the interests of citizens. While primary records must be retained permanently, subordinate or related records that make up the bulk of city records, need not be kept forever. It is these subordinate or related records that are the concern of a Retention and Destruction Program and Schedules. Aside from the cost of retaining all records permanently in their original form or on microfilm, keeping all records wastes work and time. Destroying records that, because of their age, no longer have reference value reduces the volume of records. A smaller volume of records makes it easier to find valuable records when needed. This holds true regardless of the form in which the records are kept. A records retention program is a means of eliminating worthless records from one's files and being in a position to know precisely what and where the essential records are and what the best method is for their preservation. Sections 34090 and 34090.5 of the California Code provide the basis for such records retention and destruction programs. The City Clerks Department of the League of California Cities has also compiled a records retention schedule for individual departments. The records retention schedule classifies the records and the dates for retention. A records retention program will fail or be ineffective if there is a tendency to be over-caWous about disposition of records, as well as not retaining records which have real value. Based on the retention schedule, once the determination is made for destruction, policy should require that a listing of records to be destroyed are reviewed and approved by the Department Head, City Attorney and City Clerk. These approved listings shall be maintained by the Department as a permanent record of destruction. The suggested destruc ' as well as the (] sugg retention group schedule. ?jRlCL4,A. SANDERS City Clerk City Manager Attachment: 1. Form 3. Resolution 2. Schedule City of Palm Sprmgs Records Program Department: DESTRUCTION LIST Date: TYPE OF ITEM or NAME OF FILE or FILE SERIES INCLUSIVE DATES OR DATE OF LAST ITEM APPROVED: Department Head City Attorney Date: Date: City Clerk Date: RESOLUTION NO. 19644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A RECORDS RETENTION PROGRAM AND AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS PROVIDED BYSECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. WHEREAS the keeping of numerous records is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Palm Springs; and WHEREAS Section 34090 ofthe Government Code ofthe State of California provides a procedure whereby any city record which has served its purpose and is no longer required may be destroyed;and WHEREAS the establishment ofa records retention program will facilitate the orderly and efficient transfer,retention and destruction of the records of all departments of the City of Palm Springs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Springs as follows: Section 1: (a) The tern "records" includes any writing containing information relating to the conduct of the public's business prepared,owned,used or retained by the City of Palm Springs regardless of physical form or characteristics. (b)The term"writing"means handwriting, typewriting, printing, photostating, photography and every other means of recording upon any form of communication or representation, including letters, words, pictures,sounds,or symbols,or combination thereof:,and all papers,maps,magnetic or paper tapes,photographic films and prints,magnetic or punched cards,discs,drum,optical storage devices and other documents. Section 2: The records ofthe City ofPalm Springs shall be categorized within one of the Records Retention Groups as set forth in Schedule A, which is attached hereto. Section 3: Each department ofthe City of Palm Springs shall establish a departmental Records Retention Schedule. The departmental Records Retention Schedule shall place every identifiable record produced or maintained by that department within one of the Records Retention Groups set forth in Schedule A attached hereto. Section 4: The records of the City of Palm Springs as set forth in the approved departmental Records Retention Schedules are hereby authorized to be destroyed as provided by Section 34090 of the Government Code of the State of California and in accordance with the provisions ofsaid schedules without Rather action by the City Council ofthe City of Palm Springs,provided,however,that no records may be destroyed pursuant to said schedules without the prior written approval ofthe department head,the City Attorney and City Clerk. 76 Res.No. 19644 Page 2 Section 5. The provisions of Section 4 above do not authorize, without the approval by Resolution of City Council,City Clerk and City Attorney,the destruction of: (a) Records affecting the title to real property or liens thereon (b) Court records or records relating to legal proceedings (c) Records required to be kept by statute (d) Records less than two(2)years old (e) The minutes, ordinances or resolutions of the City Council of the City of Palm Springs or of any city board or commission. Section : The destruction of any record as provided for herein shall be by burning, shredding or other effective method of destruction and said destruction shall be witnessed by the City Clerk or a designated representative. Section : Pursuant to Section 34090.5 of the Government Code of the State of California and not withstanding the provisions of Section 5 ofthis resolution,the city officer having custody of public records,documents,instruments,books,and papers,may,without the approval of the City Council or the written consent of the City Attorney, cause to be destroyed any or all of the records,documents,instruments,books,and papers,if all of the following conditions are complied with: (a) The record, paper or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces,recorded in the electronic data-processing system,recorded on optical disk,reproduced on film or any other medium which does not permit additions,deletions,or changes to the original document,or reproduced on film, optical disk or any other medium in compliance with the minimum standards or guidelines, or both, as recommended by the American National Standards Institute, and the Association for Information and Image Management through the International Standards Organization for recording of permanent records or non-penrianent records,whichever applies. (b) The device used to reproduce the record,paper,or document on film,optical disk or any other medium is one which accurately and legibly reproduces the original thereof in all details and which does not permit additions, deletions, or changes to the original document images. (c) The photographs,microphotographs,or other reproductions on film,optical disk,or any other medium are made as accessible for public reference as the original records were. (d) Atrue copy of archival quality ofthe film,optical disk,or any other medium reproductions shall be kept in a safe and separate place for security purposes. Res.No. 19644 Page 3 However,no page of any record,paper,or document shall be destroyed if any page cannot be reproduced on film with full legibility. Every umeproducible page shall be permanently preserved in a manner that will afford easy reference. Forthe purposes of this section,every reproduction shall be deemed to be an original record and a transcript exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy, as the case may be, of the original. ADOPT this 15th day of September 1999. AYES: Members Barnes, Hodges, Reller-Spurgin and Mayor Kleindienst NOES: Member Oden ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Manager City Clerk REVIEWED AND APPROVED: XV� lb3 1 b � Res.No. :19644 Page 4 SCHEDULE "A" CITY OF PALM SPRINGS RECORDS RETENTION GROUPS AND PERIODS GROUP TITLE OR DESCRIPTION RETENTION PERIODS NUMBER Req Min Sug. Max I Records affecting title to real property Perm Perm or liens thereon II Records required to be kept Perm Perm permanently by statute III Minutes,ordinances and resolutions of Perm Perm the City Council or Boards and Commissions IV Documents with lasting,historical, Perm Perm administrative,legal,fiscal,or research value V Correspondence,operational reports and 15 yrs information upon which City policy has been established VI Duplicates of"V" above,when retention 3 yrs. is necessary for reference. VII Records requiring retention for more 15 yrs — than five years but no more than fifteen years by statute or administrative value VIII Duplicates needed for administrative 5 yrs. 15 yrs purposes for five-fifteen years IX All other original City records,or 5 yrs — instruments,books or papers that are considered public documents not included in Groups I through VIII. X Duplicates and other documents not 5 yrs — public records required to be maintained for administrative purposes XI Duplicate records requiring retention for 3 yrs — administrative purposes such as reference material for making up budgets,for planning,and programming. Res.No. 19644 Page 5 SCHEDULE "A" CITY OF PALM SPRINGS RECORDS RETENTION GROUPS AND PERIODS GROUP ] TITLE OR DESCRIPTION RETENTION PERIODS NUMBER Req Min Sug.Max X11 Reference files. (Copies of documents 1 yr. -aihich duplicate the record copies filed elsewhere in the City;documents which require no action and are non-record; rough drafts,notes,feeder reports,and similar working papers accumulated in preparation of a communication,study or other document;and cards,listings, indexes and other papers used for controlling work. Mll Transitory files,including letters of 3 mos — transmittal(when not a public record), suspense copies when reply has been received,routine requests for information and publication,tracer letters,feeder reports and other duplicate copies no longer needed. Xv Original documents disposable upon 5 yrs — occurrence of an event or an action(i.e., audit,job completion,completion of contract,etc.)or upon obsolescence, supersession,revocation. XV Policy files and reference sets of Indef — publications. (Destroy upon supersession or obsolescence.) XVI Duplicates or non-record documents Indef — required for administrative needs but destroyable on occurrence of an event or an action. XVII Records requiring retention for at least 2 yrs. 5 yrs. two years but not more than five years by statute or administrative value. Jb6 Res.No. 19644 Page 6 SCHEDULE "A" CITY OF PALM SPRINGS RECORDS RETENTION GROUPS AND PERIODS GROUP TITLE OR DESCRIPTION RETENTION PERIODS NUMBER Req Min Sug.Max XVIII Tape recordings of meetings in which Until minutes — tapes are used only for preparation of are approved the minutes XIX Tape recordings of City Council 2 yrs. — meetings or other meetings in which the tapes are root used only for preparation of the minutes All records will be destroyed only with the written permission of the department head and the City Clerk. Any record can be destroyed if two copies of the record are Produced and stored in accordance with Government Code Section 34090.5. One copy must be placed in safe storage.