The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 2012 0404 CC REG ITEM 10F ITEM 10Y. Ay "ooncii Meetimp. MOORPARK CITY COUNCIL clr, �:. AGENDA REPORT _ AVIA��- TO Honorable City Council - - ----T FROM: Maureen Benson, City Clerk 7hA", Prepared by: Blanca Garza, Deputy City Clerk ' DATE: March 12, 2012 (CC Meeting of 4/4/2012) SUBJECT: Consider Resolution Authorizing the Destruction of City Records (1989, 1992 - 1997, 2003, 2005 - 2006 Closed Recruitment Records) on File in the Administrative Services Department BACKGROUND Staff is requesting authorization to destroy closed employment recruitment files for the years 1989, 1992- 1997, 2003, and 2005-2006 from which all employment file documents pertaining to applicants who were hired by the City were previously removed and filed in employee personnel files. The California Secretary of State's Local Government Records Management Guidelines recommend retaining the records proposed for destruction until Closed plus three(3)years and references the following citations as the retention requirement for the records proposed for destruction: 29 Code of Federal Regulations 1602 et seq.; 29 Code of Federal Regulations 1607; 29 Code of Federal Regulations 1627.3; and Government Code Section 12946. The retention requirement, for records listed in Exhibit"A" of the attached draft resolution, pursuant to the approved City of Moorpark Records Retention Schedule is Closed/Completed plus two (2) years and the noted citation is 29 Code of Federal .Regulations 1627.3. An Administrative Decision was made at the City of Moorpark to retain closed recruitment files for five (5) years after Closed/Completed, to ensure full compliance with Government Code Section 12946, which requires maintenance and preservation of any and all records and files until a verified complaint is fully and finally disposed of and all appeals or related proceedings terminated (which could include a verified complaint or lawsuit on a hiring decision). DISCUSSION All of the closed recruitment files proposed for destruction are over five (5)years old, and were retained pursuant to an Administrative Decision, exceeding the City Council's approved Records Retention Schedule and all of the State and Federal retention requirements. There are no current complaints, appeals, or lawsuits in process that relate 196 Honorable City Council April 4, 2012, Regular Meeting Page 2 to the recruitment files that are proposed for destruction. The Deputy City Manager's, City Attorney's, and City Clerk's written consent to destruction are included with the attached draft resolution. FISCAL IMPACT The destruction of the specified closed recruitment files noted in the attached draft resolution will create an expense to have the records shredded but the destruction will eliminate the cost to store records which have met their retention. STAFF RECOMMENDATION Adopt Resolution No. 2012- Attachment: Draft Resolution 197 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (1989, 1992 - 1997, 2003, and 2005 - 2006 CLOSED RECRUITMENT RECORDS ON FILE IN THE ADMINISTRATIVE SERVICES DEPARTMENT) WHEREAS, the closed recruitment files listed in Exhibit A to this resolution are proposed for destruction; and WHEREAS, the Secretary of State's Local Government Records Management Guidelines recommended retention period for the type of records listed in -Exhibit A is "Closed plus three (3) years," and the following citations are referenced as the basis for this retention: 29 Code of Federal Regulations 1602 et seq.; 29 Code of Federal Regulations 1607; and 29 Code of Federal Regulations 1627.3; and Government Code Section 12946; and WHEREAS, Government Code Section 34090, authorizes the destruction of City records, unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required; 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 retention requirement for the listed records in the approved City of Moorpark Records Retention Schedule (MRRS) is "Closed/Completed plus two (2) years" and the noted citation is 29 Code of Federal Regulations 1627.3; and WHEREAS, staff has made an administrative decision that maintaining closed recruitment records for at least five years ensures compliance with any longer retention period that is required by the filing of a verified complaint or appeal, pursuant to Government Code Section 12946; and WHEREAS, records currently held by the City of Moorpark, which are no longer required and which need not be retained as provided for in the approved City of Moorpark Records Retention Schedule, the Secretary of State's Local Government 198 Resolution No. 2012- Page 2 Records Management Guidelines and/or State and Federal law may be destroyed in accordance with the appropriate provisions. 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 five (5) years; do not affect title to real property or liens thereon; are not court records or matters of pending or threatened litigation; are not minutes, ordinances or resolutions of the City Council or any board or commission of the City; are not records required to be kept by statute; and there are no current complaints or appeals in process that relate to the recruitment files that are proposed for destruction. SECTION 2. The City Council finds that the records set forth in Exhibit "A", attached hereto, are older than the applicable retention periods required by Federal law (29 Code of Federal Regulations 1602 et seq., 29 Code of Federal Regulations 1607, and 29 Code of Federal Regulations 1627.3), State law (Government Code Sections 12946 and 34090), and the adopted City of Moorpark Records Retention Schedule. SECTION 3. The City Council also finds that the City Attorney and the City Clerk have given written consent to the destruction of said records, as shown on Exhibit "A". SECTION 4. The City Council hereby authorizes the City Clerk to destroy the City Records listed in Exhibit "A". SECTION 5. 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 April, 2012. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit "A" 199 Resolution No. 2012- Page 3 EXHIBIT "A" RECORDS DESTRUCTION CONSENT Citations Sources: . Code of Federal Regulations (CFR): 29 CFR 1602 et seq., 29 CFR 1607, and 29 CFR 1627.3; California Local Government Records Management Guidelines (CLGRMG): California Government Code (GC) Section 12946 and Section 34090; and City of Moorpark Records Retention Schedule (MRRS) DESCRIPTION DATES RETENTION CITATION OF REQUIREMENT (For longest RECORDS EARS retention period) Closed Recruitment Records, 1989, 1992 - 1997, Closed + 3 Years CLGRMG as detailed below 2003, 2005 - 2006 (referencing 29 CFR 1602 et seq.; 29 CFR 1607; 29 CFR 1627.3; GC 12946) and GC 34090 Consent to Destruction: Deborah S. Traffensted , eputy City Manager, Administrative Services Department Director Joseph M. Monte City orney Maureen Benson, City Clerk Destruction of Paper Files for the Following Closed Recruitment Records:' (For recruitments not including a specific day closed,the month/year is noted. The retention period begins from the last day of each noted month/year.) Account Clerk— 1/31/1994; 6/14/1994; 5/05/1995 Account Technician — 1/31/1994 Account Technician I or li —6/2003; 10/2004 Active Adult Center Recreation Leader 11 —2005 Administrative Aide—9/25/1992; 2/03/1993; 4/26/1993; 10/14/1994; 11/1994; 5/2003 200 Resolution No. 2012- Page 4 Administrative Intern — 1/17/1995 Administrative Secretary— 5/0111992; 9/08/1992 Assistant City Engineer— 3/2005 Assistant Engineer— 11/03/2006 Assistant Planner—2/04/2005; 9/09/2005 Associate Civil Engineer- 11/03/2006 Associate Engineer— 11/2006 Associate Planner— 10/25/1996; 9/2005 Box Office Cashier— 8/25/2006 Camp Counselor— 1997 Camp Moorpark— 2005 Camp Moorpark Program Director— 2006 Camp Moorpark Recreation Aide— 5/2006 Camp Moorpark Recreation Leader 1, 11 and III — 5/2006 City Clerk—4/17/1989 City Engineer—8/19/2003 Clerical Aide— 11/30/1992; 11/01/1993; 8/05/1994; 1996 Clerical Aide 11 — 6/09/2006 Clerk, Recreation Division — 1/2003 Code Enforcement Officer— 10/29/1993 Community Development Director— 7/10/1992 Community Development Technician — 6/16/2006 Community Services Director— 5/11/1992 Community Services Technician — 1/31/2003 Crossing Guard — 3/09/1992; 3/27/1992; 8/27/1992; 1105/1993; 2003; 8/2004; 8/2006 Crossing Guard Supervisor— 5/13/2005; 8/17/2005 Crossing Guard/Clerical Aide — 2005 Executive Secretary— 5/11/1992; 9/08/1992; 9/21/1992 Facilities Maintenance Technician — 8/21/2006 Finance/Accounting Manager— 3/11/2005 Information Systems Technician —4/0112005 Information Systems Technician or Intern — 1/2004 Laborer I & 11 — 3/2711992 Laborer 11 — 1992 Labor/Custodian 11 & III — 2005; 10/18/2006 Maintenance Worker(Parks)— 8/23/1993 Maintenance Worker I — 3/27/1992; 10104/1992; 10/30/1992; 5/0711993; 1/18/1994; 6/16/1995; 5/2004; 2006 Maintenance Worker I or 11 —2006 Management Analyst— 8/20/1993; 8/04/1995 Parks & Facilities Superintendent or Supervisor—8/21/2006 Parks & Landscape Manager— 8/21/2006 Planning Technician I or 11 —2/04/2005 Public Works Supervisor/Superintendent— 10/2004 Records Clerk—2/03/1993; 5/1994; 10/11/1994; 1/06/1995 201 Resolution No. 2012- Page 5 Recreation Aide/Leader 2/2004 Recreation & Community Services Manager— 11/10/2006 Recreation Coordinator I — 8/19/2005; 11/2006 Recreation Coordinator II —4/15/2005 Recreation Leader— 6/16/1992; 4/2003; 2003 Recreation Leader I (Senior Center Assistant)— 8/05/1994; 10/0311994 Recreation Leader I or 11 — 9/02/2005; 2005 Recreation Leader 11 —4/03/1995 Recreation Leader 11/111 — 9/18/1996 Recreation Leader III — 3/04/1994; 5/27/1994 Recreation Leader IV— 6/16/2006 Recreation Manager— 1/14/2005; 4/07/2006 Recreation Supervisor— 3/04/1994 Redevelopment Manager— 1/31/2005 Secretary— 5/14/1993; 5/21/1993 Secretary I — 7/2912005; 8/04/2006 Secretary I or 11 — 7/2003 Senior Center Coordinator—9/21/1992 Senior Center Recreation Leader— 7/10/1995 Senior Civil Engineer— 11/03/2006 Senior Management Analyst— 1/31/2005; 6/16/2006; 11/03/2006 Senior Nutrition Coordinator— 7/29/2005 Senior Planner/Associate Planner—4/15/2005 Summer Camp Counselor— 5/21/1993; 5/20/1994; 4/28/1995; 6/12/1995; 1995; 1996 END 202