City of Hermosa Beach --- 04-14-98

ADOPT RESOLUTION AUTHORIZING REVISED RECORDS RETENTION SCHEDULE -- SCHEDULE NO. 2


Recommendation:


It is recommended that the City Council adopt the attached resolution approving a revised records retention schedule for the City of Hermosa Beach.


Background:


On September 26, 1995, the City Council adopted Resolution No. 95-5770, which put in place the City's first records retention schedule for the proper disposition of the multitude of records that the City generates or receives. The schedule is being amended at this time at the request of the Police Department in order to include numerous police records which had not been identified at the time the initial detailed schedule was prepared. All additions are contained in record series 290, Police Protection & Services, on pages 11 and 12 of the attached retention schedule.


As with the initial retention schedule, the revised schedule identifies for each record series an office of record, required retention periods and microfilming requirements, and reflects administrative, fiscal, evidential, historic and research values of records, in addition to legal retention requirements. The revisions have been thoroughly reviewed by the City Attorney's office to ensure that they meet the legal requirements of federal and state laws, and the revised schedule is presented this evening for adoption.


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RESOLUTION NO. 98-


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AUTHORIZING RETENTION SCHEDULE NO. 2 FOR THE MAINTENANCE AND DISPOSITION OF CITY RECORDS

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 Hermosa Beach;

WHEREAS , the approval of guidelines for the ongoing disposition of obsolete City records will assist City departments in the effective management of records, as well as provide for the efficient review of records presented for destruction; and

WHEREAS , Section 34090 et seq. of the Government Code of the State of California provides the parameters whereby any city record which has served its purpose and is not longer required may be destroyed.


NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1 . That the attached Records Retention and Disposition Schedule, entitled Schedule No. 2, which is attached hereto and incorporated herein by this reference, is hereby approved.

SECTION 2 . That the types of records generated or received by the City of Hermosa Beach, California, as listed in Schedule No. 2, are hereby authorized for disposition as outlined in that schedule, in accordance with Section 34090 et seq. of the Government Code of the State of California, upon the written consent of the City Clerk and the City Attorney, without further action of the City Council of the City of Hermosa Beach, California. That upon said written consent, the head of a City department may destroy any City record, document, instrument, book or paper, under his or her charge, without making a copy thereof, after the same is no longer required. This resolution does not authorize the destruction of permanent records set forth in Government Code Section 34090, which include: a) records affecting the title to real property or liens thereon; b) departmental court records on any subject where litigation is pending; c) records required to be kept by statute; d) records less than two years old; e) the minutes, ordinances or resolutions of the legislative body or of a City board or commission. The review by the City Clerk and City Attorney shall include the determination that the subject records no longer have any administrative value, legal value, evidential value, fiscal value or research and historical value.

SECTION 3 . That the destruction of any record as provided for herein shall be by disposal, recycling, shredding or other effective method of destruction, as approved by the City Clerk. All records of a sensitive or confidential nature shall be shredded under the direct supervision of the City Clerk, the department head, or, in the case of police records, under the direct supervision of the Police Records Manager.

SECTION 4 . That the term "record" or "records," as defined in Government Code Section 14741 and as used herein, shall mean all papers, maps, exhibits, magnetic or paper tapes, photographic films and prints, punched cards, and other documents produced, received, owned or used by the City, regardless of physical form or characteristics; that the term "public records," as defined in Government Code Section 6252 and as used herein, shall include any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by the City regardless of physical form or characteristics; and that the term "writing," as defined in Government Code section 6252 and as used herein, shall mean handwriting, typewriting, printing, photostatting, photographing 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 and other documents.

SECTION 5 . That any records not specified in the Schedule No. 2 shall not be destroyed without the express approval of the City Attorney and a resolution acted upon by the City Council.

SECTION 6 . That on each occasion a department head requests the destruction of records, such request shall be made on a "Request for Destruction of Records" form (see attached sample identified as Exhibit "A") This form shall include the finding that all of the records are more than two years old and/or have been retained for the minimum retention period as specified in this resolution. This form shall include the determination that the records no longer have any administrative, legal, evidential, fiscal or research and historical value. This form shall also indicate that it includes or has attached to it a detailed list of all of the records with a description sufficient for identification, including the year of the record, the office of record, numerical code from the retention schedule and category, and specific description of records. The City Clerk and the City Attorney shall authorize the destruction of records on a "Destruction List Approval" form (see attached sample identified as Exhibit "B"). This form shall include the determination that the records no longer have any administrative, legal, evidential, fiscal or research and historical value. This form shall also indicate that attached to it is the "Request for Destruction of Records" form and the detailed list of records submitted by the department head. A "Certificate of Destruction" form (see attached sample form identified as Exhibit "C") shall be completed when the records have been destroyed. This form shall stipulate the date of destruction, the destruction method used and who supervised the destruction. All three forms shall be maintained as permanent City records in the City Clerk's office. While the attached sample forms may be changed periodically and may even be consolidated, each of them shall retain the titles shown and shall contain the required information specified in this section.

SECTION 7 . The Records Retention and Disposition Schedule shall be reviewed on an annual basis by the individual department heads, who shall then forward their recommendations concerning updates to the City Clerk for review. The review process shall include a legal analysis with regard to any changes in the various statutes. Following a thorough review, the City Clerk shall present the entire schedule with any recommended changes to the City Council for approval.

SECTION 8 . Pursuant to Government Code Section 6200, relating to offenses by official custodian, every officer having the custody of any record, map or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her hands for any purpose, is punishable by imprisonment in the state prison for two, three or four years if, as to the whole or any part of the record, map, book, paper or proceeding, the officer willfully does or permits any other person to do any of the following: a) steal, remove or secrete; b) destroy, mutilate or deface; or c) alter or falsify. Pursuant to Section 6201, relating to offenses by persons other than custodial officers, every person not an officer referred to in Section 6200, who is guilty of any of the acts specified in that section, is punishable by imprisonment in the state prison, or in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both such fine and imprisonment.

SECTION 9 . That Resolution No. 95-5770, which authorized Schedule No. 1, and all other previously adopted resolutions pertaining to the retention of records or the recycling of tapes that are used to record meetings of the City Council and any Board, Commission or Committee of the City are hereby rescinded.

SECTION 10 . That this resolution shall be in full force and effect immediately upon its passage and adoption thereof.

SECTION 11 . That the City Clerk shall certify to the passage and adoption of this Resolution, shall cause the same to be entered into the book of original Resolutions of the City, and shall make a minute of said passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted.


PASSED, APPROVED AND ADOPTED ON THIS 14TH DAY OF APRIL, 1998.




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