LEAGUE OF CALIFORNIA. City Attorneys Department 2003 ANNUAL CONFERENCE. Joint City Attorney/City Clerks Session

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1 LEAGUE OF CALIFORNIA City Attorneys Department 2003 ANNUAL CONFERENCE Joint City Attorney/City Clerks Session 1

2 UPDATING A RECORDS RETENTION SCHEDULE DETERMINE THE NEED Updating a records retention schedule is not an easy project. The schedule is our most useful tool in culling files. Over ten years ago, Hayward hired a consultant to develop a program that included policies and a comprehensive schedule to list files and their disposition. The actual schedule was designed to accommodate the various departments. As the city reorganized, divisions under the various departments were transferred and departments deleted. Now, ten years after the adoption of the resolution new laws have been implemented and revised, departments have reorganized, department staff has changed, and technological advances have become available. Each of these factors impacted the 1993 retention schedule. In 1997, the City prepared to move to a new city hall with less space. This decision advanced the records retention program from the bottom of everyone s in-basket to a priority stage. Even after moving into our new building, there were still obsolete records that could not be destroyed per the schedule. After five years in the building, it was apparent that an update was needed. UTILIZE RESOURCES It is important to research and gather records management resources to update your schedule. The City Clerk Handbook contains a chapter with basic information for developing a records or document management program. It also contains a list of available resources. The City Clerks Association of California (CCAC) periodically sponsors workshops on this topic. The International Institute of Municipal Clerks (IIMC) provides information. ARMA, the Association of Records Managers and Administrators, provides a host of usable resources and standards to develop an efficient program. Overall, it is important to utilize the City Attorney for legal assistance and verification of citations. The Records Retention Guidelines (RRG) maintained by the California Secretary of State is another tool that can assist in developing a schedule that fits the needs and requirements of your city. On occasion, a city may annex a portion of land that includes a special district with records of its own. Those records must be reviewed and incorporated into the schedule. Some cities have municipal airports, others have marinas; some cities have no recreational services while others are full-service municipalities. As each city is unique, each retention schedule is unique in its efforts to comply with federal and state requirements. In addition to that compliance, all cities must comply with the retention as stipulated by its Council s legislative action to provide for preservation of its historical and vital records. It is important to note that the RRG is a tool and legal citations should be verified. 2

3 The following are steps that Hayward took to update its 1993 schedule: OBTAIN UPPER MANAGEMENT SUPPORT Meet with the department/division managers to explain the process for amending the resolution. Request department/division records coordinator as a task force or committee Prior to Council adoption distribute revised schedule for final management discussion. COORDINATE THE TASK FORCE Meet to describe task and set a timeline for completion. Meet regularly to assist and train new records coordinators. DEVELOP A TIME PLAN Inventory Records and separate files not listed in schedule Appraise files including files of departments no longer in existence Review department schedules with department records coordinator Review revised departmental schedules to confirm legal retentions Request City Attorney review Review newly revised schedule with management staff Schedule adoption of Council resolution AFTER COUNCIL ACTION Implement adopted policies and procedures. Protect historical records Distribute Council action to all departments Review requests to destroy Forward requests to destroy to City Attorney After approval by the City Attorney send copy to department Prepare certificate of destruction and send copy to department Destroy paper documents or delete obsolete electronic records Maintain original certificates with listing Begin new file for next update. 3

4 SAMPLE AGENDA REPORT TO: FROM: SUBJECT: Mayor and City Council City Clerk Revisions to the Retention Schedule RECOMMENDATION: It is recommended that the City Council adopt the attached resolution concerning revisions to the Records Retention Schedule. BACKGROUND: The City s Records Retention Program was adopted by Resolution to provide regulations and guidelines for the efficient operation of the City s records management program. Its main purpose is to ensure that all City records are maintained in accordance with federal, state and local codes and statutes as well as meet contractual obligations. The program has worked well and has assured that no record is destroyed prematurely. The program also enabled the use of an off-site secured storage facility to store inactive records. Generally, the revisions to the schedule can be grouped in two major categories, organizational changes and updates from new laws. The revised schedule includes organizational changes that have occurred in the City since It also includes new law updates and conforms to the Local Government Retention Schedule Guidelines, a 1999 statute. Overall, hard copies of records are retained for a minimum of two years. Although hard copies are purged, electronic versions remain indefinitely for historical reasons. At the end of 1997, the City implemented a document imaging system that has benefited in the retrieval and access of the City s records as well as the archiving of older fragile records. Thousands of records have been scanned including over fifty years of City Council minutes and related documents. Currently there are two years of Council materials that are accessible to the public via the City s website. Several workstations are available with read-only ability for research by multiple users and eliminate the duplication of records and files other than the originating department. This technology has enhanced the records management program and is another reason for the revisions to the retention schedule. Due to the length of the document, it is available for review in the office of the City Clerk. Recommended by: Angelina Reyes, City Clerk Approved by: Jesús Armas, City Manager 4

5 HAYWARD CITY COUNCIL RESOLUTION NO Introduced by Council Member Henson RESOLUTION ADOPTING THE RECOMMENDED REVISIONS TO THE RECORDS RETENTION PROGRAM POLICY AND SCHEDULE WHEREAS, it is necessary for the efficient operation of the City to follow a procedure for the retention of certain vital City documents and other records in accordance with Federal and State regulations; and WHEREAS, Resolution established the City s Records Retention Program (Policy and Schedule) to manage and retain documents in a responsible, economic and timely manner; and WHEREAS, Senate Bill 742 approved by the California State Government on September 7, 1999, required the Secretary of State to establish, publish, update, and maintain on a permanent basis guidelines for local government records retention (Government Code Section 12236); and WHEREAS, these guidelines were used to evaluate the City s schedule. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby adopts the recommended revisions to the Records Retention Program (Policy and Schedule), a copy of which is on file in the office of the City Clerk. IN COUNCIL, HAYWARD, CALIFORNIA, 2003 ADOPTED BY THE FOLLOWING VOTE: AYES: COUNCIL MEMBERS: MAYOR: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ATTEST: APPROVED AS TO FORM: City Clerk of the City of Hayward City Attorney of the City of Hayward 5

6 SAMPLE REQUEST FOR DESTRUCTION OF RECORDS DATE: April 15, 2003 CITY OF HAYWARD INTEROFFICE MEMO TO: THRU: FROM: RE: Michael O'Toole, City Attorney Angelina Reyes, City Clerk Ralph Costa, Purchasing/Treasurer Mgr. Request for Destruction of Records ============================================ In accordance with the Records Retention Program, I would like to request approval for destruction of the records listed, which are stored at Iron Mountain. Prepared by: Maria Carrillo Purchasing Assistant Recommended by: Angelina Reyes City Clerk Approved by: Michael O'Toole City Attorney LEGAL CONTENTS FROM TO DESCRIPTION REFERENCE BOX # Purchase Orders 9/28/93 8/8/ CCP Purchase Orders 8/8/94 5/31/ " Bids 1/4/95 7/23/ " Bids 6/22/97 6/3/ "

7 CITY OF HAYWARD RECORDS MANAGEMENT PROGRAM CERTIFICATE OF DESTRUCTION In accordance with the established City of Hayward Records Retention Program Policy and Schedule, adopted on April 13, 1993, and amended by Resolution , adopted on May 13, 2003, it is hereby certified that the files listed on the attached have been destroyed as approved by the City Attorney s Office and myself. Angelina Reyes City Clerk Date 7

8 SAMPLE RECORDS RETENTION SCHEDULE FOR A DEPARTMENT CITY CLERK DEPARTMENT PREFERRED LEGAL LEGAL FILE SERIES RETENTION RETENTION REFERENCE Administrative Rules: Administrative Rules (Active) PERM Obsolete (Scanned) PERM GC Agenda Packets: Public Hearing Notices/Affidavits of Publication (Scanned Copy) PERM.5 Public Hearing Notice Dist. Lists (Scanned Copy) PERM GC Staff Reports (Scanned Copy) PERM GC Agendas (Scanned Copy) PERM GC Agreements: CDBG Agreements PERM ACT + 4 Easements PERM PERM 8

9 Leases ACT + 4 ACT + 4 CCP Personnel Contracts ACT + 4 ACT + 4 CCP (City Personnel) Real Property Contracts PERM PERM CITY CLERK (continued) Street Improvement Contracts PERM PERM Utility Service PERM PERM Assessment Districts PERM PERM Annexation Records PERM PERM Accounts Payable Receipts 2 Affidavits of Publication for Surplus Property 2 2 Audio Tapes 2 Reso Audit Reports 7 PERM 4 CCP Boards and Commission Original Applications of Inactive Members 2 ACT + 2 9

10 Board and Commission Minutes PERM PERM Attendance Lists 2 Bond Records MATURITY + 4 MATURITY + 4 CCP Budget, Official City PERM PERM Draft, Proposed, Recommended 2 Chronological Files 2 - City Council and Other Council Body Agendas PERM 2 CITY CLERK (continued) DEPARTMENT PREFERRED LEGAL LEGAL FILE SERIES RETENTION RETENTION REFERENCE Claims against City of Hayward 6 ACT + 2 Departmental Working Personnel Files TENURE Departmental Operating Budget Files CY Departmental Payroll and Sick Leave CY Election Files 10

11 Candidate Statements PERM PERM GC Consolidated Precinct Information State or Local months EC Election Results PERM 2 Canvass Material 2 2 Finance - General General Correspondence Files Nomination Records Term of Term of EC Office +4 Office + 4 Official Voted Ballots State or Local 6 months 6 months EC Absent Voter 6 months 6 months EC Petitions: 6 months EC Initiative 6 months EC Referendum 6 months EC Recall 8 months EC Roster & Indices of Registered Voters 5 5 EC Sample Voter Pamphlet PERM 2 Fair Political Practice Filings: Campaign Disclosure Records Losing Incumbent Candidates PERM PERM GC

12 Losing Non-Incumbent Candidates GC Winning Candidates PERM PERM GC Conflict of Interest Records Originals 7 7 GC Copies 4 4 GC

13 SAMPLE RECORDS RETENTION SCHEDULE FOR A DIVISION PUBLIC WORKS LEGAL DEPARTMENT PREFERRED LEGAL Engineering and Transportation Division Engineering Section: Assessment Districts PERM PERM Reassessment Diagrams PERM PERM Base Maps PERM PERM Benefit Districts PERM PERM California Coordinate System PERM PERM Capital Improvement Projects (City Construction Projects)?? Real Property Construction PERM PERM (Listed on previous page under Capital Improvement Projects)?? Other than Real Property Construction PERM 10 CCP

14 Deeds to City-Owned Property [Originals Filed with City Clerk] IND Engineering Studies Environmental Impact Reports Grading Permits ACT CCP 338(2) Index Maps PERM PERM Plans (Originals) PERM PERM 14

15 PUBLIC WORKS (continued) DEPARTMENT PREFERRED LEGAL LEGAL FILE SERIES RETENTION RETENTION REFERENCE Engineering and Transportation Division (continued) Engineering Section: Public Works Permits ACT CCP 338(2)??Real Property Projects PERM PERM Specification and Standard Details 10?? Real Property Construction PERM PERM?? Other than Real Property Construction PERM 10 CCP Street Projects PERM PERM Survey, Monument, Benchmark PERM PERM Surveys, City of Hayward PERM PERM 15

16 Tract Daily Construction Reports CCP Tract Files PERM PERM 16

17 PUBLIC WORKS (continued) DEPARTMENT PREFERRED LEGAL LEGAL FILE SERIES RETENTION RETENTION REFERENCE Engineering and Transportation Division Transportation Section: Accident Data CCP Accident Reports (HPD maintains originals) CCP A. High Volume Intersections ACT + 2 B. Low Volume Intersections ACT + 5 AC Transit Information ACT CalTrans Records CCP Capital Improvement Projects Files CCP City Attorney Opinions PERM PERM (Delete Originals kept in C.A. Office) Grants VARIABLE VARIABLE Intersection Files (General Information) PERM CCP Neighborhood Traffic Controls CCP Outside Transportation Committee ACT

18 General File Parade Routes ACT (Delete Kept in City Clerk s Office) (Passed by Resolution) Pedestrian Control 5 2 Planning Files Referrals CCP (Planning Dept. maintains Originals) Planning Studies CCP

19 PUBLIC WORKS (continued) DEPARTMENT PREFERRED LEGAL LEGAL FILE SERIES RETENTION RETENTION REFERENCE Engineering and Transportation Division (continued) Transportation Section: Special Studies CCP Street Lighting CCP Traffic Signal CCP Traffic Volume Counts CCP Transportation Plans ACT CCP

20 PUBLIC WORKS (continued) DEPARTMENT PREFERRED LEGAL LEGAL FILE SERIES RETENTION RETENTION REFERENCE Environmental Management: Alameda County Waste Management Authority 2 2 Departmental/Division Operating Budget Files 2 CY - Environmental Committee Files General Administrative Files 2 CY - Institutional Recyclers, Client Files 5 5 Recyclers, Client Files 5 5 AB 939 State Department of Conservation Grant

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