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HomeMy WebLinkAboutAGENDA REPORT 2017 0906 CCSA REG ITEM 10K ITEM 10.K. MOORPARK CITY COUNCIL AGENDA REPORT CITY OF MOORPARK,CALIFORNIA City Council Meeting of 9-(o-00 TO: Honorable City Council ACTION: Of • : _da/7—3 44242. FROM: Maureen Benson, City Clerk -1141-1( BY: �� DATE: August 21, 2017 (CC Meeting of 9/612017) SUBJECT: Consider Resolution Authorizing the Destruction Certain Election Records on File in the City Clerk's Division of the Administrative Services Department BACKGROUND The approved City of Moorpark Records Retention Schedule (MRRS) and Section 17200 of the California Elections Code set forth the applicable retention period for municipal initiative and referendum petitions. They require that such petitions be retained for eight months following the certification of elections result for the election for which the petition qualified. The petition records are to be destroyed as soon as practicable thereafter. The election records to be destroyed are related to the November 2016 SOAR Initiative, and are listed on Exhibit "A" of the attached draft resolution. 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. Furthermore, they are not the subject of any legal action or proceeding and have not been requested to be retained by a qualifying public official or agency. DISCUSSION The election records proposed for destruction are listed on Exhibit A of the attached draft resolution as Initiative Petitions. All such records proposed for destruction meet or exceed the required retention period of eight months under law. The applicable retention period is included with Exhibit "A" for reference. The approved written consent of the City Clerk and the City Attorney is included with the attached draft resolution. 457 Honorable City Council September 6, 2017, Regular Meeting Page 2 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- authorizing the destruction of the 2016 Election initiative petitions for Moorpark SOAR —2050. Attachment: Draft Resolution 458 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN ELECTION RECORDS (INITIATIVE PETITIONS) ON FILE IN THE CITY CLERK'S DIVISION OF THE ADMINISTRATIVE SERVICES DEPARTMENT WHEREAS, Elections Code (ELEC) Section 17200 and the approved City of Moorpark Records Retention Schedule (MMRS) specifically prescribe the retention of initiative petitions as eight (8) months following the certification of the election results 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 Election Code Sections 17200 and the MMRS. Further, the City Council finds the records proposed for destruction 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 no longer required to be kept by statute. The City Council further finds that the records are not in evidence in a pending action or proceeding and the City Clerk has not received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, or district, including a school district, that the petition be preserved for use in a pending or ongoing investigation into election irregularities or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974. 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. SECTION 4. 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 this draft 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". 459 Resolution No. 2017- Page 2 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 6th day of September, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Attachment: Exhibit "A" 460 Resolution No. 2017- Page 3 EXHIBIT "A" CONSENT FOR RECORDS DESTRUCTION California Elections Code(ELEC) Section 17200; and City of Moorpark Records Retention Schedule(MRRS) DESCRIPTION DATES OF CLGRMG CITATION RECORDS TO RETENTION (For longest retention BE DESTROYED RECOMMENDATION period) Initiative Petitions for November 8, Election + 8 months MRRS and ELEC 17200 Moorpark—SOAR 2050 2016 Election Consent to Destruction City Clerk: 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. Maureen Benson, City Clerk 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 461