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Home My WebLink AboutCC Res 4073 1991-08-12 RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, A CHARTERED CITY, AUTHORIZING THE DESTRUCTION OF CERTAIN PERSONNEL RECORDS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, the City Council of the City of Seal Beach adopted I Resolution Number 3377 setting forth a procedure for the destruction of personnel records; and WHEREAS, the City Attorney has given his written consent for the destruction of certain personnel records, ,the list of which is on file in the Office of the city Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seal Beach does hereby authorize the destruction of those personnel recruitment records detailed on the list filed in the Office of the City Clerk. PPROVED AND ~DOPTED by the City Council~~f the City of h, at a meeting thereof held on the ~~ day of , 1991, by the fol owing vot : AYES: NOES: Councilmembers ABSENT: Councilmembers : I ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I Resolution Number d13 RICHARDS. WATSON & GERSHON ATTORNEYS AT LAW -..- ClUIlI'ne'" OOLeMAH ---.- ....00fW III ......'" ~P.-.-.oND -.-.... ~..~ -..-.co ~...,." .,....... "''''.0 ..-" 1lIQIM:," C CIIOCOH PAM.LA............ ........... ~ avwo DW. _0._ .......T III ooo...N ..,..~.~ DAVID.. WN1W --..- --.. 1~1IlOM. -,,- -=on l(.""""AN1 ANDMA..I ......... -.- oMDIC. ~p _VlD.... -.eM~ . Tl&.Dl!N 10M ...... D UNlINII IIt.eAN L ~_.--V CMM1. T. TUHlIM A .L,."DOIIIllOIlIiIloTtON _RTY-EIOHTH FLOOR ... 80UrH HOPE IlTAEET LOll ANGELES, CALIFORNIA 8D07'-''- .'...,.,. ,.. ~ 4... ...........,. .......,., IIIOt It' AD8 C'.......... --,,- ~. ........ -.- DOUlILM W........ IIANC L ......N -.00.0 ....... -...- _L_ _0._ "'DA.~ 'IMOIoMa.......-. .... ...."" .. ......-n .........- -.- -.- ....11II'...... _ _L_ 1in'04u... ~ .""::t:::.~=",..=. .OOlW' w. .-rav- ....- ...... ........- ....... -... \AD L ca..N ,........" 'nIlM:"t -..- CNiOL W L"l'NCM "lIlIIIYA.~ ClOU:MoIW oJ WALaH. ~ -............ _~ -=- oPPel' ~,I.OOR ... ..&, 011I1."" .'nU!1!T June 27, 1990 ..... M'V---:. ~'U""0IW~1A ..",..." ..'~ ......... '1'_ _.. ""~""'''ZI OUR PLI: .......I~ S7296-001 Ms. G. K. Bennington, Administrative Assistant City of Seal Beach 211 West Eighth Street Seal Beach, California 90740 Re: Destruction of Personnel Records I Dear Ginger: This is in response to your request for an opinion as to when you may seek authorization from the City council to destroy personnel recruitment files. Under Government Code Section 12946, a provision of the Fair Employment and Housing Act, an employment application must be preserved for two years after it was received or after action is taken on the application, whichever is later. If the city has notice that a verified complaint has been filed which could make such records necessary, the records must be maintained until the proceeding is concluded. In,addition Government Code Section 54090 requires,.that all City 'records be kept for at least two years. Although records such as these could therefore be destroyed two years after the City made a decision on an application, we nonetheless recommend recruitment files be maintained for four years. The statute of limitations for a suit on the basis of a wr~tten contract is four years and if such a suit is filed, the City will need the records to defend itself. We also recommend that recruitment files:be retained beyond the four year period if they relate to a current employee of the City. Under Government Code Section 34090, records may be destroyed at the time permitted by law upon the written consent of the City Attorney and upon a resolution of the City Council. This constitutes mv written consent to the destruction of the following recruitment files which were established on the date indicated: 1. Secretary 2/85 2. Beach Leadperson 2/85 I 3. Police Officer 2/85 4. Serge"ant 2/85 5. Dispat:cher 3/85 6. Parking Control 4/85 7. Typist 6/85 8. Maintenance Worker I 6/85 9. Dispatcher 8/85 10. Captain 8/85 11. Records Supervisor 10/85 12. Officer 10/85. This consent is based on the following information received from the City: (1) employment action was taken on each appl~cation within six months of the respective date listed above; (2) that no verified complaint has been filed against the City alleging Resolution Number ~f3 , discrimination in any of these personnel decisions: and, (3) material relating to any individual hired by the City has been transferred to that individuals' personnel file. If any of this information is not true as to a particular file, that file should be retained. The remaining documents listed in your request must be retained at least until the dates indicated on the attached list, at which time you must obtain my written consent and City Council authorization to destroy the records. You will note that the date I have indicated for each file is four years and six months after it was created. Note also that Government Code Section I ' 34090.5 permits the city to transfer records to microfilm at any time rather than preserving ~hem in their original form. If you have any questions regarding this matter, please call me or Michael Colantuono. Very truly yours, cich GWS:mgc llSZ0008 RECRUITMENT DATE AUTHORIZATION TO DESTROY DATE I - 1. Secretary ~- ~/t;'l ,; 2. leach Leaelpenon .alaS- Ie.. ., 3. Police Officer ~ti- fJ f.~ ~ 4. Sergeant ~~ ;':,"C ~ 5. D:I.Ipatcher ...,.". 'i. EC, ~ 6. Parking Control ....,85 4t./CI', '" 7. Typist Clerk ../as. 1'2.'f''l ., 8. Heintenance Worker I .6/8S 17/F~ " 9. Diapatcher ~/8S '2.1~" v 10. Captain -./8S. :I i~o 11. Ilecorels Supv. '"!0/85 . "I j 'i" 12. Officer 'to/as "I, " ,/ 13. Dispatcher 12/85 ( ,G" 14. Secretary 12/85 lit ~" 15. Sr. Wster Op. 1/86 if~: 16. Water Meter Relr 2/86 17. Recorels Supv. 3/86 'i 1~6 18. Parking Control 3/86 "I~~" 19. Aelmin. Aiele 4/86 10 llir" 20. Police Ilec. Clerk 6/86 ilf 21. Police Officer 7/86 , 22. Ktn. Worker 11 7/86 23. Parks Leaelperson 9/86 I I 24. St. Leaelpenon 9/86 J25. Sports Coorelinator 9/86 " ~, I 26. Dispatcher 9/86 ~ I~ I ,. 27. Officer 12/86 ~'''' v~8. Parking Control 12/86 (.,,,,, V29. Water Utility Op 1/87 ~", vi 30. Ilecreation Supv. 1/87 ~/'\I 31. Water Keter 2/87 ~''i, 32. Ktn. Worker I 2/87 e,.j I 33. Officer 4/87 l':"~' . 34. Aelm. Aiele 4/87 .r...''', I 35. Dispatcher 36. Ktn. Worker 1 37. Dev. Services Dir 38. Officer 39. 1ecords Supv. 40. Account Clerk 41. Animal Control 42. Exec. Secretary 43. Ktn. Vorker 1 44. Dispatcher 45. Parking Control 46. Secretary 47. Captain 48. l.ieutenant 49. Officer so. Sergeant 51. Parks Supv. I I Resolution Number ~j1~ 4/87 5/87 5/87 6/87 6/87 7/87 8/87 7/87 8/87 9/87 10/87 12/87 12187 12/87 12/87 1/88 1/88 'I,~~~', "I~, 11/"'1 l/1i~ 1'~~ ~ ''1~ t'l\ h2. (.l/~~ l.J'fa ~ '~'~':l. _1- ") ":t/~~