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Home My WebLink AboutCC Res 3962 1990-07-09 RESOLUTION NUMBER ~~~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, AUTHORIZING 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 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 that the City Council of the City of Seal BeAch does hereby authorize the destruction of those personnel recruitment records detailed on the list of file in the Office of the City Clerk. the City of day of NOES: Councilmembers ABSENT: Councilmembers -ii1UI~ ;:~ SEAL 'cI....oo..!~... ~~ ~'" ~0..0.4-i"0-.~ i:i ,of' ~oooo -s. 1l-0~\~~ og g:!1 _'it o.:;;e:~ ) ~o~ ~.~J 1-,:'0....0.,. ,q,...l~OI ) ss ..... 00 27. 000 ~'\; _ ) .. ~ 00.0000 (.","'., ~lJNt'f ,~ I, Joanne, M. Yeo, city Clerk of Seal Beach, ~~rifornia, do hereby certify that t~~egOing resolution is the original copy of Resolution Number~~ on file in the office of the City Clerk, passed, app e and adopted by the City Council of the Ci f Seal Beac , a a egular meeting thereof held on the day of , 1990. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH I I I Resolution Number ~~~ QLENN R WATSON .I~M~ A. RAIIIN FIOIII!!RT GI 8IEVEFLY CURnl!ll L COL.eMAN HARRY L QI!FI8HON MAMMA JON_ MOUTAIB DOUCIoLA8 W ARCIUII GFII!OORV M KUNI!!AT MAAIC L LAMKI!N AMANDA". BUeeK!NO ARNOLD.MOM 8COTTWE8U! "CHARD H. DUll.... DANIBLP ~ I!AW'N.. ~ '1'HOMA8 M .lIMBO CAAOLD 0 P1"R MICHII\.& ~ ItAONeAIe "RI!D A. "I!N8TI!A AOIII!AT G. eoPI!R THOMAe A. PJlll!!lIII!ACI. .I'" AOeeI'n' 0. CIEOCON AU..l!!N IL RENNETT PAME\.A A. AL.ae:RIII 8TEVl!N L OOMBY AA1B. PlIEAAI! CALONNII WlLJ..IAM L tn'RAU8Z KIIVIN G I!NN. MAlIN L. WALJ(2A ROllIN D. HAlVIe I'lOIIeRT M. GIOLD.....D l!"IVl.T M. COGAN ANTHONY. DREWRY LAUAENCIlB WII!NeR f!HELL"'AllIIOTT DAVlDP.W~ L. NBU..ELD CVNTMIA M. WALKI!!A BBAT". DI! METZA CHAl8'n HOCJIN RElaORV W 81'1!PANICICH ~ R OAR HI!U.I!IBAOWNI! DEBORAH R. HAKMAN I!ITEAN 8COTT K. IIilHINTANI .ICHAEL .nINKlNII ANCAI!A oJ. GAEENBI!RQ WIL.LJAM. RUDnL MiCHAEL G. COLANTUONO DAVID L QOHeN JACIC" ~ouco.... ~eaA Ill. TMCV DAYlDA. 8UCHDI QUINN M MRAOW' . TLClI!N KIM CAROL. W LYNCH 8M'" 0. UNCI"'" TEMV A. TRUMIIU\.L eU8AN L. MONTClIOMIlAV COl.eMAN.... WAUIH. 0IR. DARVL T ~HIMA .IOHNA.Bm...cHaJIII RICHARDS, WATSON & GERSHON ATrORNEVS AT LAW A P"'O..M8IONAL CORPORATION THIRTY.EIGHTH FLOOR 333 SOUTH HOPE STREET LOS ANGELES, CALIFORNIA 90071-1488 (213) 828-8484 '11!:LEOOPlEA (813) 8211-0078 RICHARD RICHARDS (1.,.'..8) June 27, 1990 lIAN I"PANCI8CO OFF1C1!l! EIGHTEENTH PLOOR 101 CAUPORNIA STREET SAN FRANCISCO. CAUFORNIA IN11 1..aZ1 (411) N8-MM 'TEl..ECOPIER (.1&l....722 OUR FILE NUMBER 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 Dear Ginger: I This is in response to your request for an opinion as to when you may seek authorization from the City Council to destroy personnel recruitrnent 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 written 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 my written consent to the destruction of the I RICHARDS, WATSON & GERSHON Resolution Number .3:162" City of Seal Beach June 27, 1990 Page 2 following recruitrnent files which were established on the date indicated: 1. Secretary 2/85 2. Beach Leadperson 2/85 3. Police Officer 2/85 4. Sergeant 2/85 I 5. Dispatcher 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 application within six months of the respective date listed above1 (2) that no verified complaint has been filed against the city alleging discrirnination in any of these personnel decisions1 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 tirne 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 microfi1rn at any tirne rather than preserving them in their original form. If you have any questions regarding this matter, please call me or Michael Colantuono. Very truly yours, cich GWS:mgc 0520008 ......--_...... I II'P .. ,,0 ~~~\!".I.--