HomeMy WebLinkAboutRES CC 2011 3025 2011 0504RESOLUTION NO. 2011 -3025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN FEBRUARY 28, 2006,
SPECIAL ELECTION RECORDS
WHEREAS, A Special Election was held on February 28, 2006; and
WHEREAS, California Election Code Sections 2188(f), 17001 and 17300 authorize the
destruction of specified local election records, after five years from the date of the election;
and
WHEREAS, California Election Code Sections 17302, 17304, and 17503 authorize the
destruction of specified local election records, packages or containers after six months from
the date of the election if the vote was not contested nor if a criminal prosecution involving
fraudulent use, marking or falsification of ballots or forgery of absent voters' signatures has
been commenced; and
WHEREAS, California Penal Code Sections 801.5 and 803c specify the retention
period for Election Worker Loyalty Oaths for the duration of office plus four years; and
WHEREAS, Government Code Section 34090, et. seq., authorizes the destruction of
City records that are no longer required after the minimum retention period of two years has
been met, with the approval of the legislative body by resolution and the written consent of
the City Attorney.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the election records set forth in Exhibit "A ",
attached hereto, are older than five years from the date of the election or application, and a
contest has not been commenced within the six -month period, nor has a criminal prosecution
involving fraudulent use, marking or falsification of ballots or forgery of absent voters'
signatures commenced.
SECTION 2. The City Council also finds that the City Attorney and the City Clerk have
given written consent to the destruction of said election records, as shown on Exhibit "A ".
SECTION 3. The City Council hereby authorizes the City Clerk/Elections Official to
destroy the City Records listed in Exhibit "A" in accordance with the requirements of state
law.
Resolution No. 2011 -3025
Page 2
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 4th day of May, 2011.
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit "A"
n' a S. Parvin, Mayor
Resolution No. 2011 -3025
Page 3
EXHIBIT "A"
RECORDS DESTRUCTION CONSENT
DESCRIPTION
DATES OF
RETENTION
CITATION
RECORDS
REQUIREMENT
(For longest
(YEARS)
retention
eriod)
Absent Voter Alphabetical Lists
Special Election of
Closed + 5 Years
Election
February 28, 2006
Code 17300_
Affidavit Index, Election
Special Election of
Closed + 5 Years
Election
February 28, 2006
Code 17001_
Applications for Voter Registration
Special Election of
Date of
Election
Information
February 28, 2006
Application + 5
Code 2188(f)
Years
Correspondence Related to Special
Special Election of
Election + 2
Government
Election
February 28, 2006
Years
Code 34090
Department of Justice Precinct
Special Election of
Election + 6
Election
Check -off List
February 28, 2006
Months
Code 17503
Deputy Appointments Pursuant to
December 2005 to
Current + 2
Government
Government Code Section 40813
January 2006
Years
Code 3409
Logic & Accuracy Certification /
Special Election of
Election + 6
Election
Election Results
February 28, 2006
Months
Code 17302
Election Worker Loyalty Oaths
Special Election of
Duration of
Penal Code
February 28, 2006
Office + 4 Years
801.5 and
803c
Precinct Records: Precinct Worker
Special Election of
Election + 6
Election
Payroll Records; Roster Receipt
February 28, 2006
Months
Code 17503
Listing; Receipt for Official Ballots,
Precinct Supplies, Etc.; Precinct
Worker Sign -in; Tally Sheets
Seven); and Copies of Street Index
{
Rosters of Voters: Roster of Voters;
Special Election of
Closed + 5 Years
Election
Polling Place Location Report;
February 28, 2006
Code 17300
Permanent Absent Voter and
Supplemental Lists; Voter ID Report;
and Rosters of Voters Voting
Provisional and Returning Vote by
Mail Ballots at Polling Place
Summary Absentee Reports
Special Election of
Election + 6
Election
February 28, 2006
Months
Code 17304
Voter File, City of Moorpark
Special Election of
Closed + 5 Years
Election
Electronic Record)
February 28, 2006
Code 17300
Consent to Destruction:
Joseph MMontes, C' Attorney Maureen Benson, City Clerk/Elections Official
Resolution No. 2011 -3025
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify
under penalty of perjury that the foregoing Resolution No. 2011 -3025 was adopted by the
City Council of the City of Moorpark at a regular meeting held on the 4th day of May, 2011,
and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this 13th day of May, 2011.
Maureen Benson, City Clerk
(seal)