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HomeMy WebLinkAbout19644 - RESOLUTIONS - 9/15/1999 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 BY SECTION 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 of the 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 of a 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 term "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,drums,optical storage devices and other documents. Section 2: The records of the City of Palm 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 of the 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 of said schedules without further action by the City Council of the City of Palm Springs, provided, however, that no records may be destroyed pursuant to said schedules without the prior written approval of the department head,the City Attorney and City Clerk. Res. No. 19644 jb ,:L 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 6: 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 7: Pursuant to Section 34090.5 of the Government Code of the State of California and not withstanding the provisions of Section 5 of this 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-permanent 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) A true copy of archival quality of the 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 unreproducible page shall be permanently preserved in a manner that will afford easy reference. For the 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. ADOPTED 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 i By City Manager City Clerk REVIEWED AND APPROVED: � b3 1 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 Penn or liens thereon II Records required to be kept Penn Perm permanently by statute III Minutes, ordinances and resolutions of Penn 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 XII Reference files. (Copies of documents 1 yr. which 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. XIII 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. XIV 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 evenf 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. Res. No. 19644 b � 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 not used only for preparation of the minutes Note: 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.