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HomeMy WebLinkAboutResolution No. 19-7910 - Updating the City's Records Retention Schedule, and Readopting the policy regarding Disposition of Obsolete Records_001A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOEY, UPDATING THE CITY'S RECORDS RETENTION SCHEDULE, AND READOPTING THE CITY'S POLICY REGARDING THE DISPOSITION OF OBSOLETE RECORDS, AND RESCINDING RESOLUTION NO. 17-7711 WHEREAS, the City of Downey implemented an effective, efficient, and reliable Records Management Program for the City in 2017 with the adoption of Resolution No. 17-7711; and, WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the City of Downey; and, WHEREAS, Section 34090 of the Government Code of the 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 State of California has adopted guidelines for retention period for various government records. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The records of the City of Downey, as set forth in the Records Retention Schedule (Exhibit A), attached hereto and incorporated herein by this reference, are hereby authorized to be disposed of 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 Department Director and with the consent in writing of the City Attorney and City Clerk, with further approval action by the City Council of the City of Downey. SECTION 2. The City Council hereby re -adopts the City -Wide Records Destruction Program Procedures (Exhibit B), attached hereto and incorporated herein by this reference. SECTION 3. With the consent of the City Attorney and City Clerk, minor updates are hereby authorized to be made to the Records Retention Schedule without further action by the City Council. Minor updates include changes in formatting, Department or Division names, improvements in descriptions, changes in comments, deleting records series that are no longer applicable, and/or what is scanned. Changes in the total Retention and/or adding new records series must be presented to the City Council of the City of Downey prior to taking effect. SECTION 4. The term "records" as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the California Public Records Act. SECTION 5. Resolution Number 17-7711, adopted April 25, 2017, is hereby rescinded. SECTION 6. The City Clerk shall certify to the adoption of this resolution. SECTION 7., This resolution shall become effective immediately upon its adoption. RIC IGUEZ, Mayor R1 0 R I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular Meeting held on the 12 th day of November, 2019, by the following vote, to wit: AYES: Council Members: Ashton, Frometa, Pacheco, Mayor Rodriguez NOES: Council Member: None. ABSENT: Council Member: Saab ABSTAIN. Council Member: None. "--2�RA�LICIA�DAR��E, CIVIC City Clerk Please contact the City Clerk's Office to Request a Copy of Attachment A r r r CITY OF DOWNEY CITY-WIDE RECORDS DESTRUCTION PROGRAM PROCEDURE TO DESTROY OBSOLETE RECORDS The procedures for the destruction of City of Downey records are as follows: Records for which the retention period identified on the Records Retention Schedule has elapsed will be destroyed in accordance with this procedure. Unless placed on legal/litigation hold by the City Attorney or City Clerk, records designated for destruction should be destroyed within the calendar year after the record expires. Records for which the retention period has elapsed must be identified by the Department Director on a Destruction of Original Records Form (Exhibit A) and an Authorization to Destroy Original Public Records Form (Exhibit B), signed by the Department Director and forward to 1) City Attorney, 2) City Clerk, for approval. Upon approval, the Department Director will prepare an City Council Agenda Report with a Resolution titled, "Approving the Destruction of Certain Obsolete Records of the Department of (insert Department name)" to be approved and adopted by the City Council. The Agenda report must include both Exhibits A & B, as noted above. Upon adoption, the City Clerk completes the signatures and advises the Department Director to arrange for the proper destruction of records in accordance with these procedures. Records approved for destruction must be destroyed by the Department Director (or designee) using the following method: Shredding: All records approved for destruction. A commercial service company may be used for destruction of paper records, provided that destruction is completed at a City facility and observed by the Department Director (or designee). Destruction of records in electronic format must follow the same approval process as outlined above. Upon approval, electronic records must be destroyed by the Department Director (or designee) using methods that permanently delete the records. The destruction process must include all duplicate electronic or paper copies of the record. Following the destruction of records, the Department Director (or designee) shall certify the records have been destroyed by providing their original signature on the Destruction of Original Records Form (Exhibit A). If a commercial service company is utilized to perform the records destruction, a "Certificate of Destruction" or similar document must be obtained from the company, in addition to the documents required under these procedures. The original "Certificate of Destruction" must be submitted to the City Clerk's Office for permanent retention. EXHIBIT B DESTRUCTION PROCEDURES SUMMARY This is a step-by-step summary of the City of Downey records destruction procedures for City staff reference and use. STEP 1: Department Director (or designee) references the City's Records Retention Schedule to identify which City Records are obsolete and prepares the following: 1. Destruction of Original Records Form (Exhibit A) 2. Authorization to Destroy Original Public Records Form (Exhibit B) STEP 2: Exhibit A & Exhibit B are then forwarded to the City Attorney then the City Clerk for review and approval. STEP 3: Once approved, the Department Director (or designee) prepares the following for City Council approval & adoption: 1. City Council Agenda Report Requesting Destruction, including both Exhibit A & Exhibit B. 2. City Council Resolution titled, "Approving the Destruction of Certain Obsolete Records of the Department of (insert department)" STEP 4: The City Clerk (or designee) will prepare the adopted Resolution on permanent paper for retention and route to the City Attorney and Department Head for final signatures. Once signatures are obtained, the Department Director (or Designee) may schedule the destruction of records as noted in the procedures. STEP 5: Obtain a "Certificate of Destruction" from the service company on the same day records are destroyed and forward this original Certificate to the City Clerk for City's records. DESTRUCTION OF ORIGINAL PUBLIC RECORDS 1 HEREBY CERTIFY THAT: the records described on Exhibit B attached hereto are more than two years old, do not affect the title to real property or liens thereon, are not court records, are not to be kept further by statute, are not the Minutes, Ordinances or Resolutions of the legislative body of the City or of any City Board, Commission, or Committee and are no longer required by the City. I request authority to destroy same pursuant to Section 34090 of the Government Code of California. Department Director Department Date I have reviewed the above-described records for historical value and for compliance with the established retention requirements, and I consent to their destruction. City Clerk Date I consent to the destruction of the above-described records. City Attorney Date 1 HEREBY CERTIFY THAT the destruction of the records described on Exhibit B attached hereto was approved by the City Council of the City of Downey, California, at the Regular Meeting held on, , by City Council Resolution No. and that by said Resolution the Department Director (or designee) was authorized to destroy the records. City of Downey City Clerk State of California Date 141:01 :A I 12101 -Alt I • Z to]D •i IWA441 94' 1 HEREBY CERTIFY THAT pursuant to the foregoing authority, the described records on Exhibit B attached hereto were destroyed at on City Facility Date Signature & Title City Staff Member Supervising Destruction Date AUTHORIZATION TO DESTROY ORIGINAL PUBLIC RECORDS BOYJFILE # (I DESCRIPTION OF CONTENTS Total Boxes/Files to be Destroyed This Page: