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Home My WebLink AboutAGENDA REPORT 2008 0416 CC REG ITEM 10Prrl!�4 10. P. At AC710N: Wu MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Deborah S. Traffenstedt, Administrative Services Director /City Clerk Prepared by: Blanca Garza, Deputy City Clerk C-66 DATE: April 8, 2008 (CC Meeting of 4/16/2008) SUBJECT: Consider Resolution Authorizing the Destruction of Closed Recruitment Records (1992 - 2002) on File with the City Clerk BACKGROUND AND DISCUSSION Staff is requesting authorization to destroy closed employment recruitment files for the years 1992 -2002, from which all documents pertaining to applicants that were hired by the City have been removed and filed in the employee personnel files. There are both State and Federal records retention requirements for personnel and employment records. State Government Code Section 12946 requires employers to maintain applications and personnel records and files for a minimum period of two years after the records and files are initially created or received, for a minimum period of two years after the date of an employment action taken, and upon notice that a verified complaint against the employer has been filed, all such records and files shall be maintained and preserved until the complaint is fully and finally disposed of and all appeals or related proceedings terminated. Government Code Section 34090, et seq. authorizes the destruction of City records that are no longer required, with the approval of the legislative body by resolution and the written consent of the City Attorney. Recruitment records and files are also governed by the Code of Federal Regulations (CFR) as follows: 29 CFR 1602.31 pertains to state and local government record keeping and requires that any personnel or employment record made or kept by a political jurisdiction, including application forms submitted by applicants and other records having to do with 0014? Honorable City Council April 16, 2008, Regular Meeting Page 2 hiring, shall be preserved for a period of two years from the date of the making of the record or the personnel action involved, whichever occurs later; and 29 CFR 1627.3(b)(1)(i) requires job applications, resumes or any other form of employment inquiry whenever submitted to the employer in response to advertisement or other notice of existing or anticipated job openings, including records pertaining to the failure or refusal to hire any individual, shall be kept for a period of one year from the date of the personnel action to which the records relate. The paper records that are intended to be destroyed, are shown on the list attached to the draft resolution, and are closed recruitment records on file with the City Clerk. All of the closed recruitment files proposed for destruction are over five years old, which exceeds all of the State and Federal retention requirements, and there are no current complaints or appeals in process that relate to the recruitment files that are proposed for destruction. The City Attorney's written consent is included with the attached draft resolution, and the proposed destruction of records is consistent with the City Council's approved Records Retention Schedule and related State and Federal laws. FISCAL IMPACT None. STAFF RECOMMENDATION Adopt Resolution No. 2008- Attachment: Draft Resolution PD0148 RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS (1992 - 2002 CLOSED RECRUITMENT RECORDS ON FILE WITH THE CITY CLERK) WHEREAS, State Government Code Section 12946 requires employers to maintain applications and personnel records and files for a minimum period of two years after the records and files are initially created or received, for a minimum period of two years after the date of an employment action taken, and upon notice that a verified complaint against the employer has been filed, all such records and files shall be maintained and preserved until the complaint is fully and finally disposed of and all appeals or related proceedings terminated; and WHEREAS, State Government Code Section 34090, et seq. authorizes the destruction of City records that are no longer required, with the approval of the legislative body by resolution and the written consent of the City Attorney; and WHEREAS, Recruitment records and files are also governed by the Code of Federal Regulations (CFR) as follows: 29 CFR 1602.31 pertains to state and local government record keeping and requires that any personnel or employment record made or kept by a political jurisdiction, including application forms submitted by applicants and other records having to do with hiring, shall be preserved for a period of two years from the date of the making of the record or the personnel action involved, whichever occurs later; and 29 CFR 1627.3(b)(1)(i) requires job applications, resumes or any other form of employment inquiry whenever submitted to the employer in response to advertisement or other notice of existing or anticipated job openings, including records pertaining to the failure or refusal to hire any individual, shall be kept for a period of one year from the date of the personnel action to which the records relate. 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 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. 90149 Resolution No. 2008-. Page 2 SECTION 2. 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 3. The City Council hereby authorizes the City Clerk to destroy the City Records listed in Exhibit "A ". 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 16th day of April, 2008. Patrick Hunter, Mayor ATTEST: Maureen Benson, Assistant City Clerk Attachment: Exhibit "A" 00150 Resolution No. 2008 - Page 3 WXMWI 31 9V-1m RECORDS DESTRUCTION CONSENT Location Description of Record Dates Vault Destruction of Entire Paper Files for the 1992-2002 Following Closed Recruitment Records: Account Clerk - 8/31/1995 Account Clerk I - 8/27/1999 Account Clerk II - 9/1/1997 Account Clerk II - 8/27/1999 Accountant I or II - 8/31/2001 Account Technician I or II - 8/10/2001 Administrative Aide or Clerical Aide 11 6/26/2002 Administrative /Clerical Aide I or II - 9/6/2000 Administrative Intern - 8/8/1997 Administrative Secretary - 1/27/1994; 9/21/1992; 11/19/1993; 7/18/1994; 6/18/2002 (Internal Only) Administrative Services Director - 8/09/2002 Administrative Services Intern - 2/3/1995 Administrative Services Manager - 4/21/2000 Assistant City Clerk - 6/21/2002 Assistant City Clerk / Deputy City Clerk I or II - 8/23/2002 Assistant City Manager - 10/31/1997 Assistant Planner /Planning Technician - 3/9/2001 Assistant Summer Camp Director - 5/21/1993; 4/28/1995 Associate Planner - 5/27/1997; 5/19/2000; 3/8/2002 Associate /Senior Planner - 7/7/2000 Budget and Finance Manager - 8/31/2001; 6/21/2002 Camp Counselor - 7/16/1998 Camp Moorpark - 1997; 1998 Camp Moorpark Spring and Summer Recreation Applicants - 1999 City Clerk - 10/24/1997 Clerical Aide - 7/30/1997; 10/30/1998 Clerical Aide I or II - 3/20/1998; 2/8/2002 Clerk Typist - 11/2/1994 Code Enforcement Intern - 1997 Code Enforcement Officer I or II - 12/30/1999; 6/15/2001 Community Development Director - 4/5/1996; 10/5/2001; 3/29/2002 Community Services Assistant - 8/30/2002 Community Services Director - 9/6/1996 Community Services Intern - 6/01/2001 Construction Manager - 1999 Crossing Guard - 1997; 1999 thru 2001 6001 ,9i Resolution No. 2008 - Page 4 Crossing Guard Supervisor - 8/20/1997 Custodian / Laborer II / Recreation Leader II 1995 -1996 Deputy City Clerk - 8/29/1997 Deputy City Clerk I - 6/24/1999 Deputy City Clerk I or II - 4/19/2002 Deputy City Manager - 5/26/2000 Economic Development Redevelopment Manager - 4/1993 Extended Care Supervisor - 1998 Executive Secretary - 8/04/1995; 9/24/1999 Finance /Accounting Manager - 8/27/1999; 4/21/2000 Finance Manager - 11/17/2000 Gain Program - 8/1996 Human Resources Analyst - 2/5/1999 Human Resources Assistant - 8/23/1999 Information Systems Manager /Supervisor - 11/10/2000, extended to 11/13/2000; 4/27/2001 Intern — Community Services Department - 4/07/2000 Laborer, Public Works - 7/1998 Laborer /Custodian - 10/1997 Lead Maintenance Worker - 10/28/1994 Maintenance Worker I (Open Until Filled) - 1995 Maintenance Worker I or II - 8/4/2000 Maintenance Worker I (Formerly Laborer II / Crossing Guard) - 2/2/2001 Maintenance Worker I - 5/25/2001; 5/17/2002 Maintenance Worker II - 9/26/1997; 2/16/1999 Management Analyst - 9/22/1997; 4/1998; 8/27/1999; 4/21/2000 Planning Intern - 8/22/1997 Planning Manager- 8/22/1997; 11/24/1999; 6%9/2000; 8/3/2001; 3/8/2002 Planning Manager or Principal Planner - 11/20/2000 Planning Technician - 8/14/1998; 4/16/1999 Planning Technician I or II - 7/08/2002 Principal Planner - 1/20/1998 Principle Planner /Senior Planner - 10/22/1999 Public Works Intern - 1997 Public Works Laborer II - 1997 Public Works Supervisor /Inspector - 3/24/2000 Records Clerk - 3/15/1995 Recreation Assistant - 12/14/2001 Recreation Coordinator - 6/6/1997; 12/01/2000 Recreation Leader - 2000 Recreation Leaders - Camp Moorpark - 2001; 2002 Recreation Leader I (Senior Center Assistant) - 1995 Recreation Leader I and II - 1997; 5/12/1998 Recreation Leader II - 1997; 6/1998 Recreation Leader III (Open Until Filled) - 1995 Recreation Superintendent - 9/24/1999; 2/27/2002 I oil 15-2 Resolution No. 2008-. Page 5 Recreation Supervisor - 6/6/1997 Redevelopment Manager - 3/27/1998 Secretary - 1/27/1994; 12/16/1996; 2/23/1999 Secretary 1- 8/10/2001 Secretary I or II - 12/10/1999; 2/18/2000 Senior Center Assistant (Open Until Filled) —1996 Senior Center Clerical Aide - 1997; 711998 Senior Center Coordinator - 9/21/1992; 12/22/2000 Senior Center Recreation Leader - 7/3011992 Senior Center Recreation Leader (Open Until Filled) - 1997 Senior Maintenance Worker - 6/1811997 Senior Maintenance Worker (Internal Recruitment) - 7/9/2001 Senior Management Analyst - 10/2/1998; 2/15/1999; 5/28/1999; 4121/2000 Senior Planner, Contract - 12/3/1996 Senior Planner - 9/14/2001; 3/18/2002 Summer Camp Counselors - 1996 Summer Camp Director - 5/21/1993; 1998 Teen Coordinator - 9/13/2000 Citations: California Government Code, Section 12946; California Government Code, Section 34090; 29 CFR 1602.31; and 29 CFR 1627.3(b)(1)(i) Approved for Destruction: / Steven Kueny, City Manager Consent to Destruction: Joseph . Montes, Ci Attorney Deborah S. Traffenstedt, Cit erk