HomeMy WebLinkAboutAGENDA REPORT 2011 0504 CC REG ITEM 10E ITEM 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Maureen Benson, City Clerk
Prepared by: Blanca Garza, Deputy City Clerk
DATE: April 12, 2011 (CC Meeting of 5/04/2011)
SUBJECT: Consider Resolution Authorizing the Destruction of Certain February
28, 2006, Special Election Records
BACKGROUND
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 California
Election Code Sections 17302, 17304, and 17503 authorize the destruction of specified
local election records after six months from the date of the election. California Penal Code
Sections 801.5 and 803c authorize the destruction of Election Worker Loyalty Oaths after
the duration of office plus four years. Government Code Section 34090, et. seq.,
authorizes the head of a city department to destroy any city record, document instrument,
book or paper, under his/her charge, without making a copy thereof, after the same is 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.
The proposed destruction of records is consistent with the City Council's approved Records
Retention Schedule, the Secretary of State's Local Government Records Management
Guidelines and/or State and Federal law. A Special Election for the North Park Village
Project was held on February 28, 2006. The election records proposed for destruction 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 agreement, development project and/or
capital project files-, and are not records required to be kept by statute.
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Honorable City Council
May 4, 2011, Regular Meeting
Page 2
DISCUSSION
The election records proposed for destruction are listed on Exhibit A of the attached
resolution and destruction has been approved and consented to by the City Attorney and
City Clerk. The records recommended for destruction are certain February 28, 2006,
Special Election records, which meet or exceed required retention periods. City Council
Resolution No. 2006-2515 adopted on September 20, 2006, previously authorized
destruction of other election records from the February 28, 2006 Special Election which
had a six (6) month retention. The records with a six (6) month retention currently listed on
Exhibit A were inadvertently left out of the previous destruction request.
FISCAL IMPACT
The destruction of the specified records noted in the attached draft resolution may create a
cost for shredding, unless the City is able to retain this service at no cost. Destruction of
the specified records would eliminate the cost for storage.
STAFF RECOMMENDATION
Adopt Resolution No. 2011-
Attachment: Draft Resolution
163
RESOLUTION NO. 2011-
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.
164
Resolution No. 2011-
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.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Attachment: Exhibit "A"
165
Resolution No. 2011-
Page 3
EXHIBIT "A"
RECORDS DESTRUCTION CONSENT
DESCRIPTION DATES OF RETENTION CITATION
RECORDS REQUIREMENT (For longest
(YEARS) retention
period)
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
Februa 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 34090
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:
JoseptylA. Montes, Ci ttomey Maureen Benson, City Clerk/Elections Official
166