HomeMy WebLinkAboutResolution No. 22-8116 - Updating the City's Records Retention Schedule & Readopting the Citywide Records Destruction Prog ProceduresI Z1 *16111,111 [01 kT1 I k1161W*Z-1 I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
UPDATING THE CITY'S RECORDS RETENTION SCHEDULE, READOPTING
THE CITYWIDE RECORDS DESTRUCTION PROGRAM PROCEDURES, AND
RESCINDING RESOLUTION NO. 19-7910
WHEREAS, it is understood that 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;
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, on November 12, 2019, the City Council adopted Resolution No. 19-7901
amending the Records Management Program for the City; and
WHEREAS, the City Council of the City of Downey now desires to further amend the City's
Retention Schedule, as further described in this Resolution.
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 adopts the City -Wide Records Destruction
Program Procedures (Exhibit 13), 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. Any other 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 affect.
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 19-7910, adopted November 12, 2019, is hereby
rescinded.
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P-MU dfi: i OR: I LZATMjq•
APPROVED AND ADOPTED this 1 oth day of November, 2022.
CLA661,<F-R- O-MjM---
Council Member
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I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at an Adjourned Regular meeting held on the loth day of November, 2022 by the
following vote, to wit:
ATES:
Council Members'.
Frometa, La Plante, Trujillv
NOES:
Council Members:
None.
ABSENT:
Council Members:
Alvarez, Mayor Pacheco
ABSTAK
Council Members:
None.
4AIlAAALICIA �DUA�, MC
City Clerk
Please contact the City Clerk's Office
to Request a Copy of ExhibitA
CITY OF DOWNEY
The proceduresfor the destruction ofCity ofDowney records are aefollows:
Records for vVh|oh 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 C|erk, 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 o 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 C|erh, for approval. Upon approval, the Department Director will
prepare on City Council Agenda Report with a F(meo|uUon 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 & 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 bvthe Department Director (or designee)
� using the following method:
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Shredding: All records approved for destruction.
A connnnencie| 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 orpaper copies mfthe record.
Following the destruction of records, the Department Director (or designee) shall certify the
records have been destroyed bvproviding their original signature onUle Destruction ofOriginal
Records Form (Exhibit A).
If commercial eem'ima company is utilized to perform the records destruction, e "Certificate of
Destruction" or similar document must be obtained from the oonnpany, in addition to the
documents required under these procedures. The original "Certificate of Destruction" must be
submitted tothe City Clerk's Office for permanent retention.
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:
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.
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I 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 bate
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
I 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
I 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 Date
City Staff Member Supervising Destruction
i