HomeMy WebLinkAboutRES-95-5770 (RECORDS/RETENTION SCHEDULE)1
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RESOLUTION NO. 95-5770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AUTHORIZING A RETENTION SCHEDULE FOR
THE MAINTENANCE AND DISPOSITION OF CITY RECORDS
WHEREAS, the keeping of numerous records is not necessary after a certain period
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. The attached Records Retention and Disposition Schedule, entitled
Schedule No. 1, 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
Hermosa Beach, California, as listed in Schedule No. 1, 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 of real property or liens thereon; b) departmental court records on any subject where
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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.
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. I 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
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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
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
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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. 88-5160 and all other resolutions pertaining
to 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.
I PASSED,
ON
OF SEPTEMBER,1995.
of the City Council and MAYOR of the City of Hermosa Beach
ATTEST: AP RQ'
�. Ci, �' �) C erk City t"
AS TO FORM:
4
SAMPLE FORM - EXHIBIT "A"
REQUEST FOR DESTRUCTION OF RECORDS
Listed below and/or attached is a detailed list of records for which I am requesting destruction. The list
includes a description of each record sufficient for identification, including the year and the office of
record, the numerical code from the retention schedule and category and specific description of records.
Unless otherwise directed, the method of destruction proposed is
I hereby certify that the records listed below and/or attached are more than two years old and/or have been
retained for the minimum retention period specified in Resolution No. 95- . I further certify that the
records listed no longer have any administrative, legal, evidential, fiscal or research and historic value and
do not affect the title to real property or liens thereon, are not court records, are not, to my knowledge,
required to be kept further by a statute, are not the minutes, ordinances or resolutions of the legislative
body of the City or of any City Board or Commission, and are no longer required by the City. I request
authority to destroy same pursuant to Section 34090 of the California Government Code.
Office Year Year Required Allowable
Box No. Record Category Code No. of Record Issued Expire Retention Destruction Date
1 Dog_ Licenses 210 AC 1991 1992 3/AE 1995
(FOR EXAMPLE)
Department Head Signature
Department
Date
SAMPLE FORM - EXHIBIT "B"
DESTRUCTION LIST APPROVAL
Attached is a Request for Destruction or Records submitted by
(Department Head) of the Department dated
requesting authorization to destroy the records described in the detailed list which is included
with the (attached) request.
Pursuant to Hermosa Beach City Council Resolution No. 95- , the types of records listed in
the City's current records retention schedule (Schedule 1) are authorized for disposition as
outlined in that schedule upon the written consent of the City Clerk and the City Attorney,
without further action of the City Council. The review by the City Clerk and the City
Attorney must include the determination that the records requested for destruction no longer
have any administrative value, legal value, evidential value, fiscal value, or research and
historical value. The resolution also provides that the destruction of any record 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 must be shredded, under the direct
supervision of the City Clerk.
I have reviewed the list of records described in the attached request for destruction and have
found the listed records to be in compliance with the established retention requirements. I
have also determined that the subject records no longer have any administrative, legal,
evidential, fiscal, or research and historical value. I hereby consent to their destruction and to
the department -proposed method of destruction unless otherwise noted below.
City Clerk Date
I have reviewed the list of records described in the attached request for destruction and have
found the listed records to be in compliance with the established retention requirements. I
have also determined that the subject records no longer have any administrative, legal,
evidential, fiscal, or research and historical value. I hereby consent to their destruction.
City Attorney Date
SAMPLE FORM - EXHIBIT "C"
CERTIFICATE OF DESTRUCTION
I hereby certify that the destruction of the records described in the attached list was
approved by the Hermosa Beach City Clerk on (date) and by the
City Attorney on (date) pursuant to the authority provided by the
Hermosa Beach City Council in Resolution No. 95- . The approved method of
destruction for these records is
City Clerk
I hereby certify that, pursuant to the foregoing authority,
attached list as requested by the
Date
the records described in the
Department were destroyed
on (date) I further certify that the method of destruction
used was and that I,
destruction of said records.
Signature
as the department head or his/her designee, supervised the
Title
Date
This certification must be completed and signed by the person supervising the destruction
of records and the original form must be filed with the City Clerk to be maintained as a
permanent record attached to the original Request for Destruction of Records and
Destruction List Approval forms.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Resolution No. 95-5770 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on September 26, 1995.
The vote was as follows:
AYES: Benz, Edgerton, Oakes, Reviczky, Mayor Bowler
NOES: None
ABSTAIN: None
ABSENT: None
DATED: September 27, 1995
4eputy Cr Clerk