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Home My WebLink AboutAGENDA REPORT 2017 0705 CCSA REG ITEM 10D ITEM 1_ MOORPARK CITY COUNCIL CITY cMeOARcALiFoR � AGENDA REPORT City Council Meeting TO: Honorable City Council ACTION 0219 FROM: Maureen Benson, City Clerk p,�� -u Prepared by: Blanca Garza, Deputy City Clerk �% • DATE: June 22, 2017 (CC Meeting of July 5, 2017) SUBJECT: Consider Resolution Authorizing the Destruction of Certain Records on File in the Administrative Services, Community Development and Finance Departments BACKGROUND Staff is requesting authorization to destroy various records on file in the Administrative Services, Community Development and Finance Departments that are identified in Exhibit "A" of the attached draft resolution. The request is for the destruction of Calendars; Certificate and Proclamation Records and Related Correspondence including Email correspondence; City Council, Parks and Recreation Commission, Planning Commission, and Redevelopment Agency Speaker and Written Statement Cards; Investigation Reports for Unlawful Employment Practices Complaints; Internet Monitoring Reports; Local Appointments Lists/Maddy Act Reports; Management Meeting Agendas and Attachments; Monthly and Bi-Monthly Departmental Reports to City Manager; Personnel Files for Unpaid Interns and Part-Time Employees; City Telephone System Reports and Records; Telephone Message Pads; Unused Check Stock, as specifically noted on Exhibit"A", of the attached draft resolution. The approved City of Moorpark Records Retention Schedule (MRRS), The California Secretary of State's Local Government Records Management Guidelines, dated February 2006, (CLGRMG), relevant state laws, and the United States Code (USC) set the applicable retention periods for the documents listed on Exhibit "A" of the attached draft resolution. 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 (2) years has been met (unless otherwise required by law or the records fall under specified categories in Section 34090) with the approval of the legislative body by resolution and the written consent of the City Attorney. In this case, the records do not fall into any specific categories under Section 34090, as the records do not affect title to real property or liens thereon, are not court records or matters of pending or threatened litigation, are not original minutes, ordinances or resolutions of the City Council or any board or commission of the City; and are not otherwise required to be kept by statue. Additionally, these records are not an agreement, development project and/or capital 322 Honorable City Council July 5, 2017, Regular Meeting Page 2 project files. In addition, no other law requires a longer retention period for the records that are the subject of this staff report. DISCUSSION The paper and electronic records proposed for destruction are listed on Exhibit "A" of the attached draft resolution. All such records proposed for destruction meet or exceed required retention periods under law, including the California Government Code and the CLGRMG and USC. The applicable retention periods are included with Exhibit "A" for reference. The approved written consent of the Assistant City Manager who acts as the Administrative Services Department Director, City Clerk, Finance Director, Community Development Director,.and the City Attorney is included with the attached draft resolution. FISCAL IMPACT The destruction of the specified records noted in the attached draft resolution will not create an expense and will eliminate the cost to store records which have met their required retention period. STAFF RECOMMENDATION Adopt Resolution No. 2017- . Attachment: Draft Resolution 323 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS (CALENDARS; CERTIFICATE AND PROCLAMATION RECORDS AND RELATED CORRESPONDENCE; CITY COUNCIL, PARKS AND RECREATION COMMISSION, PLANNING COMMISSION, AND REDEVELOPMENT AGENCY SPEAKER AND WRITTEN STATEMENT CARDS; CORRESPONDENCE - EMAIL ARCHIVE; INVESTIGATION REPORTS FOR UNLAWFUL EMPLOYMENT PRACTICES COMPLAINTS; INTERNET MONITORING REPORTS; LOCAL APPOINTMENTS LISTS/MADDY ACT REPORTS; MANAGEMENT MEETING AGENDAS AND ATTACHMENTS; MONTHLY AND BI-MONTHLY DEPARTMENTAL REPORTS TO CITY MANAGER; PERSONNEL FILES FOR UNPAID INTERNS AND PART-TIME PERSONNEL AND PAPER PAYROLL DOCUMENTS; CITY TELEPHONE SYSTEM REPORTS AND RECORDS; TELEPHONE MESSAGE PADS; UNUSED CHECK STOCK) ON FILE IN THE ADMINISTRATIVE SERVICES, CITY MANAGER, COMMUNITY DEVELOPMENT AND FINANCE DEPARTMENTS WHEREAS, Government Code Section 34090 authorizes the head of a City department to destroy certain 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 to be retained, 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, Government Code Section 12946 sets forth the required retention period of at least two years for applications, personnel, membership, or employment referral records and files after the records and files are initially created or received, which is consistent with the recommended guidelines for investigation reports for unlawful employment practices complaints under the California Secretary of State's Local Government Records Management Guidelines (CLGRMG); and WHEREAS, the CLGRMG recommend a retention period for Payroll Salary Records terminated of at least three years; and 324 Resolution No. 2017- Page 2 WHEREAS, Title 29, Section 1027 of the United Stated Code sets forth the required retention period of at least six years for certain records relating to retirement benefits; and WHEREAS, neither the CLGRMG nor the official City of Moorpark Records Retention Schedule (MRRS) provide a specific retention period for blank/unused checks; and WHEREAS, the MRRS sets the applicable retention period in accordance with Government Code Section 34090 for Local Appointments Lists/the Maddy Act Reports and Departmental Reports and Telephone Message Pads; and WHEREAS, the CLGRMG and the MRRS do not specifically provide the retention period for the following record series: City Telephone Detail Activity Reports, City Telephone System Original Data Records, Correspondence Related to Certificates and Proclamations (paper and electronic), and Correspondence - Email Archive (corrupted database no longer able to be opened); and WHEREAS, the CLGRMG recommend a retention period for original communications/records related to Agendas, Calendars, and Departmental Reports and Email correspondence of at least two years; and WHEREAS, other federal or state law does not affect the record retention period for the City records proposed for destruction in Exhibit"A". 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 period required by state law (including Government Code Section 34090) and federal law, are older than the applicable retention period recommended by the CLGRMG and theMRRS. Further, the City Council finds that the records listed in Exhibit "A" are not currently subject to a legal hold that would otherwise prohibit their destruction. SECTION 2. 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 3. "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. 325 Resolution No. 2017- Page 3 SECTION 4. The City Council also finds that the City Clerk, Finance Director, Community Development Director, Assistant City Manager and Administrative Services Director, and the City Attorney have given written consent to the destruction of said records, as shown on Exhibit"A" of this resolution. SECTION 5. The City Council hereby authorizes the destruction of, and 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 5th day of July, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit "A" 326 Resolution No. 2017- Page 4 EXHIBIT "A" CONSENT FOR PAPER AND ELECTRONIC RECORDS DESTRUCTION California Government(GC)Code,Section 12946 and 34090, California Local Government Records Management Guidelines (CLGRMG), City of Moorpark Records Retention Schedule(MRRS), and United States Code, 13 USC 1027 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO PERIOD (For longest BE DESTROYED retention period) Calendars, City Manager 2009 - 2014 Current + 2 Years CLGRMG Calendars, Large 2011-2014 Current + 2 Years CLGRMG Conference Room Calendars, Small 2011-2014 Current + 2 Years CLGRMG Conference Room Certificates of Recognition; 2011-2014 Current + 2 Years GC § 34090 Certificates of Commendation and Proclamations (Issued by City) Checks, Blank/Unused Not Applicable Current + 2 Years GC § 34090 (Numbers 152618-153617, 522603-523998, and 2403- 2498 for closed accounts) City Telephone Detail Activity 2010-2014 Current + 2 Years GC § 34090 Report by Department City Telephone System 2010-2014 Current + 2 Years GC § 34090 Original Data Records Correspondence — Email 1/12/1980- Current + 2 Years GC § 34090 Archive (database is 12/31/2011 corrupted and electronic emails may no longer be opened) Correspondence Related to 2011-2014 Current + 2 Years GC § 34090 Certificates and Proclamations (Requests of City/Issued by City) Investigation Reports Prior to 12/2011 T (disposition of case CLGRMG (Confidential) for Unlawful (if applicable) and all Employment Practices appeal periods have Complaints expired) + 2 Years Local Appointments List/the Prior to 1/1/2012 5 Years MRRS Maddy Act Report Management Meeting 2011-2014 Current + 2 Years CLGRMG Agendas and Attachments 327 Resolution No. 2017- Page 5 DESCRIPTION DATES OF RETENTION CITATION RECORDS TO RECOMMENDATION (For longest BE retention period) DESTROYED Personnel Files and Paper Payroll 8/29/1984 Terminated+ 6 Years 29 USC 1027 Documents (Timesheets, Personnel to Action Forms and Deferred 12/2004 Compensation enrollment and change requests) for 335 Former Part-Time Employees and Unpaid Interns Reports to City Manager (Monthly by 1/2011 to Current + 2 Years CLGRMG Departments) 2/2011 Reports to City Manager (Bi-Monthly 3-4/2011 to Current+ 2 Years CLGRMG by Departments) 11-12/2014 Reports, InternetM/orld Wide Web 2010 - 2014 Current + 2 Years GC § 34090 Usage Data for City Network Users and Supporting Documentation Speaker Cards, City Council 2010-2014 Current + 2 Years GC § 34090 Speaker Cards, Parks and 2010-2014 Current + 2 Years GC § 34090 Recreation Commission Speaker Cards, Planning 2010-2014 Current + 2 Years GC § 34090 Commission Speaker Cards, Redevelopment 2010-1/2012 Current + 2 Years GC § 34090 Agency Telephone Message Pads, City 2011-2014 Current + 2 Years MRRS Clerk's Division and City Manager Written Statement Cards, City 2010-2014 Current + 2 Years GC § 34090 Council Written Statement Cards, Parks and 2010-2014 Current + 2 Years GC § 34090 Recreation Commission Written Statement Cards, Planning 2010-2014 Current + 2 Years GC § 34090 Commission Written Statement Cards, 2010-1/2012 Current+ 2 Years GC § 34090 Redevelopment Agency Consent to Destruction: Maureen Benson, City Clerk 328 Resolution No. 2017- Page 6 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. �� - d Ron Ahlers, Finance Director ,wi: , , ,,,,i, Day Bobardt, Community Development Director alienn-clk S, 1----/Te&-ge, Deborah S. Traffenstedt, Assistant City Manager Administrative Services Director 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. -7‘..te..4.4 ' ...,c2-z--ce.; Kevin Ennis, City Attorney 329