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(5)AR 021709 Records Retention policy
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02/17/2009 6:00 pm
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Records Retention Policy
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(5)AR 021709 Records Retention policy
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Last modified
2/23/2014 5:14:33 PM
Creation date
2/20/2014 12:07:54 AM
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Agenda Item
Item Number
3
Subject (2)
- Adopt a Proposed Resolution Regarding the "Records Retention and Destruction Policy", RESOLUTION NO. R-09-09.
Submitted On
2/12/2009
Submitted By
Sabdi Espinoza
Item Title
AR 021709 Records Retention policy
ATRequest
2621
Status (2)
2
Department
City Clerk
Meeting Date
2/17/2009
Meeting Time
6:00:00 PM
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F. The City Clerk will keep a master log of all destroyed documents which includes <br />the titles or brief descriptions of the documents that were destroyed, the method <br />of destruction and the date of destruction. <br />IV. GENERAL GUIDELINES <br />A. Unless otherwise provided by law or this Policy, the obsolete and unnecessary <br />records of the City are authorized to be destroyed as provided by Government <br />Code sections 34090 — 34090.7 and as those sections may be added to and <br />amended from time to time by the California Legislature. However, the following <br />conditions apply to all City records: (1) no record may be destroyed without prior <br />approval of the City Council and the City Attorney, and (2) no record may be <br />destroyed if it is relevant to a lawsuit, administrative charge or investigation, or <br />similar proceeding which is in progress or which can reasonably be anticipated. <br />B. The City Clerk shall be responsible for the administration of this Policy and shall <br />assist all City personnel to comply with the provisions of this Policy and with the <br />Records Retention Schedule, set forth in Attachment "A." <br />C. The following general guidelines apply to all City records: <br />Pursuant to Government Code section 34090, the City shall not destroy <br />any of the following records: <br />(a) Records affecting the title to real property or liens thereon. <br />(b) Court records. <br />(c) Records required to be kept by statute. <br />(d) Records less than two years old. <br />(e) The minutes, ordinances, or resolutions of the City or of a City board <br />or commission. <br />2. The City Clerk may authorize the destruction of any duplicate records <br />less than two (2) years old at any time, pursuant to the procedures listed <br />in this Policy. (Gov. Code § 34090.7.) <br />3. Unless otherwise provided by State or federal law, the City may authorize <br />the destruction of any original document which is more than two (2) years <br />old, with the approval of the City Council and written consent from the <br />City Attorney, without retaining a copy of the document as long as the <br />retention and destruction of the document complies with the retention <br />schedule as set forth in this Policy (Gov. Code § 34090.) <br />4. The City Clerk may authorize the destruction of City records upon <br />complying with all of the requirements of Government Code section <br />34090.5, including having the records reproduced either: (i) electronically, <br />(ii) recorded on optical disk, (iii) reproduced on film or other medium that <br />2 <br />ONTARIO\NSTUBB S\301909.2 <br />
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