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HomeMy WebLinkAboutRES CC 2015 3397 2015 0520 RESOLUTION NO. 2015-3397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF SUBPOENAS RECEIVED BY THE CITY FOR PRIVATE LITIGATION ON FILE IN THE ADMINISTRATIVE SERVICES DEPARTMENT WHEREAS, Government Code Section 34090, authorizes the head of a City department to destroy City records with the approval of the legislative body by resolution and written consent of the city attorney after the records are no longer required, unless another law imposes a different process; and WHEREAS, Government Code Section 34090 does not authorize the destruction of: (a) Records affecting the title to real property or liens thereon; (b) Court records; (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; and WHEREAS, the California Local Government Records Management Guidelines recommend retaining subpoenas received and/or served for a period of current year plus two (2) years; and WHEREAS, the approved City of Moorpark Records Retention Schedule does not specifically note a record series for subpoenas with the applicable retention period; and WHEREAS, the California Code of Civil Procedure does not state a record retention period for subpoenas issued under California state law, but Sections 1985.3, 1985.6, 2025.480 of the California Code of Civil Procedure impose very short periods in which a subpoena response may be challenged, and consequently, a lengthier retention period is not required; and WHEREAS, federal laws do not expressly require a longer retention period; and WHEREAS, the City Attorney's Office has recommended a retention of "response completed plus two years"; and WHEREAS, the records proposed for destruction are listed in Exhibit "A" and they have met their retention in accordance with Government Code Section 34090. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that the records set forth in Exhibit "A", attached hereto, are older than the applicable retention periods required by State law (Government Code Section 34090), are older than the applicable retention period recommended by the California Local Government Records Management Guidelines, and the City of Moorpark's adopted Retention Schedule does not include a citation for the listed Resolution No. 2015-3397 Page 2 record series. Further, the City Council finds the listed records are not currently subject to a legal hold. SECTION 2. "Legal Hold", as used herein, refers to the duty of the City to preserve and not destroy any records that are potentially relevant to any of the following in which the City may be involved: a reasonably anticipated claim or litigation; an ongoing claim or litigation; a pending employee grievance; a pending regulatory or governmental investigation; a pending subpoena; a pending Public Records Act request, a pending audit, or similar legal matter. Any records subject to a Legal Hold must be preserved in all forms in which the record exists, including both paper and electronic formats. SECTION 3. The City Council further finds that the records do not affect title to real property or liens thereon, are not court records, are not minutes, ordinances or resolutions of the City Council or any board or commission of the City; and are not records required to be kept by statute. SECTION 4. The City Council also finds that the City Attorney, Assistant City Manager, and the City Clerk have given written consent to the destruction of said records, as shown on Exhibit "A". SECTION 5. The City Council hereby authorizes the City Clerk to destroy the City Records listed in Exhibit "A". SECTION 6. 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 20th day of May, 2015. Oa ice S. Parvin, Mayor ATTEST: APairti- Maureen Benson, City Clerk7i ,. Attachment: Exhibit "A" Resolution No. 2015-3397 Page 3 EXHIBIT "A" CONSENT FOR RECORDS DESTRUCTION Citations Sources: Code of Federal Regulations: None Applicable California Code of Civil Procedure: Sections 1985.3, 1985.6, 2025.480 California Government (GC) Code, Section 34090, et. seq. California Local Government Records Management Guidelines (CLGRMG) City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES OF RETENTION CITATION RECORDS TO REQUIREMENT (For longest BE (YEARS) retention period) DESTROYED Records Subpoenas Received 2012 and Prior Response CLGRMG by the City of Moorpark for Completed + 2 Private Litigation (City not a Years listed party). Consent to Destruction: ( 0 Maureen Benson, City Clerk Department Head Authorization: I certify that the records on the above list are no longer required, are eligible for destruction, and do not have to be retained based upon any record retention requirements imposed by any statute or law, or pursuant to a grant received by the City or a bond issued by the City, and are not related to or potentially relevant to any of the following in which the City may be involved: a reasonably anticipated claim or litigation, an ongoing claim or litigation, a pending employee grievance, a pending regulatory or governmental investigation, a pending subpoena, a pending Public Records Act request, a pending audit, or similar legal matter. I recommend that said records be destroyed. Deborah S. Traffenstedt, Assistant City Manager City Attorney Authorization: I do hereby certify that I am the City Attorney for the City of Moorpark, I have reviewed the above list of records and based upon the representations made herein by the department head, agree that the above-mentioned records are not records required to be kept by statute or law, provided destruction thereof has been approved by the City Council. My review has been limited to the descriptions contained on the list and did not involve review of the actual records. Based on the foregoing, I consent to the destruction, of the above-mentioned records. Kevin Ennis, City Attorney Resolution No. 2015-3397 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. 2015-3397 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of May, 2015, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 27th day of May, 2015. Maureen Benson, City Clerk (seal) lag ri tati %wW " .