The URL can be used to link to this page

Home My WebLink AboutCC Res 4930 2001-09-10 1 1 1 RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH REVISING THE CITY'S RECORDS RETENTION POLICY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinqs and Intent. A. On August 23, 1982, the City Council adopted Resolution No. 3202 to establish a new records retention policy for the City. The provisions of such policy were modeled on State law records retention requirements (california Government Code Section 34090 et seq.) that only apply to general law cities. B. Since the adoption of Resolution No. 3202 nearly twenty years ago, the Legislature has amended State law to afford general law cities greater flexibility regarding records arch~va1. C. The intent of this Resolution is to revise the City's records retention policy to provide as much records archival flexibility as is enjoyed by general law cities. Section 2. Policy of otherwise Records Retention the City of Seal Beach provided by law: Policy. The Records Retention shall be as follows unless A. Definitions. For purposes of this policy, the following definitions shall apply: 1. UCity recordu means any record, document, instrument, book or paper owned by the City. uCity recordu includes audiotapes and videotapes. , 2. uRoutine video monitoringU means videotaping by a video or electronic imaging system designed to record the regular and ongoing operations of a site. URoutine video monitoringU includes videotapes produced by mobile in-car video systems, jail observation and monitoring systems, and building security taping systems. 3. URoutine telephone communication recordingU means an audio recording of routine telephone communications to and from the City. 4. URoutine radio communication recordingU means an audio recording of routine radio communications related to the operations of City departments: B. Destruction When Reproduction Unavailable. The City officer having custody of any City record that is no longer required, and for which no reproduction is available, may destroy such item upon obtaining the approval of the City Council and the written consent of the City Attorney. Resolution Number~ C. Destruction When Reproduction Unavailable - Exceptions. Paragraph B of this policy does not authorize the destruction of the following items: 1. Records affecting the title to real property or liens thereon. 2. Court records. 3. Records required to be kept by statute. 1 4. Records less than two years old. 5. City ordinances. 6. Minutes or resolutions of the City Councilor of any City board or commission. D. Destruction When Reproduction Available. Notwithstanding paragraph B of this policy, the City officer having custody of any City record may destroy such item if a reproduction is available and the requirements of this paragraph are satisfied. Neither the approval of the City Council nor the written consent of the City Attorney need be obtained prior to the destruction of a City record pursuant to this paragraph. The requirements for destruction of a City record pursuant to this paragraph are as follows: 1. A reproduction of the City record is stored in a format that is a trusted archival system. permissible formats include reproduction by photography; microphotography; electronically recorded video images on magnetic surfaces (including CD-Rom format); optical disk; and any other medium in compliance with California Government Code Section 12168.7 for recording of permanent records or nonpermanent records. 1 2. The device used to reproduce the City record is one that accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions or changes to the original's text and images. 3. No page of the City record shall be destroyed if the page cannot be reproduced with full legibility, and every unreproducible page shall be permanently preserved in a manner affording easy reference. 4. The reproduction shall be made as accessible for public reference ftS was the original. 1 5. . A true copy of archival quality of the film, magnetic surface, optical disk or other medium reproduction shall be kept in a safe and separate place for security purposes. 6. The City officer responsible for the reproduction shall execute and affix the certification required by California Evidence Code Sections 1531 and 1551. I I I Resolution Number~f~O E. Destruction of.Routine Video, Telephone and Radio Recordi~gs. Notwithstanding paragraph B of this policy, the City officer having custody may destroy recordings of routine video monitoring after 1 year, and may~destroy routine telephone communication recordings and routine radio communication recordings " \.. . after 100, days. Pr~or to the destruct~on of any such item, the, approval of the City Council and the writtJrl donsent of the City Attorney shall be obtained.. ,If the recordings are evidence in any claim'filed/or any pending litigation, then they shall' be'''p.reserved until the litigation is resolved. '7 / Destruction of Duplicate Records. Notwithstanding paragraph B of this policy, the City officer having custody of any duplicate City record that is no longer required may destroy such item if the requirements of this paragraph are satisfied. Neither the approval of the City Council nor the written consent of the City Attorney need be obtained prior to the destruction of a duplicate City record pursuant to this paragraph. The requirements for destruction of a duplicate City record pursuant to this paragraph are as follows: F. 1. The duplicate shall be compared with the original to ensure that it is an exact copy of the original. 2. The original record shall be completely legible and shall be retained. 3. The City officer having custody shall determine that there is no further need for additional copies of the City record to be maintained. For purposes of this paragraph, City records that are a video medium (such as videotapes, films and recordings of routine video monitoring) shall be considered duplicate records if another City record (such as written minutes or an audiotape recording) is kept of the event that is recorded on the video medium. No such video medium City record shall be destroyed for a period of at least 90 days after occurrence of the event recorded thereon. Section' 3. Effect of Resolution. This Resolution supercedes Resolution No. 3202, which shall be of no further force and effect. Section 4. Effective Date. The Records Retention Policy set forth in this Resolution shall be effective upon the adoption of this Resolution. Section 5. Distribution. The City Clerk shall deliver a copy of this Resolution to all City Departments. and ADOPTED by the City Counc~l ~ the City of ee ing thereof held on the /t? _ day of 001, by the follow{ng vote: AYES: Councilmembe NOES: Councilmember ABSENT: Councilmembers Resolution Number~ ~~ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS )' , I I, Joanne M. Yeo, City Clerk hereby certify that the fore copy of Resoluti~n Number the City Clerk, passed, ap Council of the)Ci~ of Seal held on the / If} _ day of 1 I