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CC - CONSENT ITEM: Adoption of a Resolution Amending the Records Retention Schedule for the City of Culver City, Authorizing Destruction of Certain City Records in Accordance with the Amended Retention Schedule, and Rescinding Resolution No. 2022-R032.
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Meeting Date: October 14, 2024
Contact Person/Dept: Jeremy Bocchino/ City Manager’s Office
Phone Number: (310) 253-5851
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Attachments: Yes [X] No []
Public Notification: (E-Mail) Meetings and Agendas - City Council (10/09/2024)
Department Approval: Jesse Mays, Assistant City Manager (10/07/2024)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution amending the Records Retention Schedule for the City of Culver City (“Retention Schedule”), authorizing destruction of certain City records in accordance with the amended Retention Schedule, and rescinding Resolution No. 2022-R032.
BACKGROUND/DISCUSSION
In 1999, Section 12236 was added to the California Government Code, which states in Section 12236 (a) “The Secretary of State shall establish the Local Government Records Program to be administered by the State Archives to establish guidelines for local government retention and to provide archival support to local agencies in this state.” The guidelines were an initial attempt to provide some standards and structure to the local government records management effort.
To reduce current and future records storage costs, eliminate duplication of effort, increase efficiency, and take advantage of current technology and changes in law, City Clerk staff enlisted expert records management company Gladwell Governmental Services, Inc. to review department needs and create a schedule for records retention, which was adopted by resolution on August 14, 2017. The adopted Retention Schedule was based upon the most current laws regarding government records and replaced the 2006 Secretary of State Guidelines.
As new laws go into effect and as part of a subscription service, Gladwell Governmental Services provides updates to the Retention Schedule to ensure that it includes those laws. During this time, departments also reviewed the adopted Retention Schedule and have provided updates to reflect the needs of each department more accurately, which are also reflected in the amended Retention Schedule.
The Retention Schedule was last amended on April 25, 2022 by Resolution No. 2022-R0032. The Retention Schedule is in need of further updates. Attached is a proposed Resolution amending the current Retention Schedule.
A summary of some of the substantive changes to the Retention Schedule are as follows:
• The entire schedule was updated to match with the reorganization of the City’s departments and divisions.
• City-Wide:
o CW-024: Description Change to include email - Correspondence - ROUTINE (Content relates in a SUBSTANTIVE way to the conduct of the public's business) (e.g. Administrative, Chronological, e-mail, General Files, Letters, Memorandums, Reading File, Working Files, etc.) If the Content relates in a substantive way to the conduct of the public's business, in the comments, it now reads, “ONLY IF the Content relates in a substantive way to the conduct of the public's business; City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California; GC §34090.
• Finance:
o FIN-028: Description Change: “Finance Reports created from Database” added to: Reports, Subsidiary Ledgers, Reconciliations, Registers, Transaction Histories, Trial Balance, Revenue & Expenditure Reports, etc. (MONTHLY OR PERIODIC).
o FIN-043: Form W-2’ - Retention Change: from Indefinite to 5 years. (PERS now requires each pay period be documented. Most agencies have gone to 5 years for all payroll, as they don’t have the staff to provide this level of service to former employees.)
• Human Resources: The Following changes in retention are required by a change in State law:
o HR-076: Description Change: - California Civil Rights Department (CRD) / Department of Fair Employment & Housing (DFEH or EEOC) Claims / Harassment Claims -(DFEH changed their name to CRD.) Retention Change: Final Disposition + 4 years.
o HR-080: Job Descriptions/Classification Specifications Retention Change: Minimum Superseded + 4 years.
o New Item: HR-086.5 - Verifications of Employment, Child Support, etc. (From lenders or other outside companies) - Retention: When No Longer Required. Comments: Not an Agency record / Content does NOT relate in a substantive way to the conduct of the public's business; GC §34090 et seq.- purpose - employees can save time by not copying or filing these, and this gives them confidence not to retain the record.
o New Item: HR-086.7 - Workplace Violence Incident - Logs,/ Workplace Violence, Plans. Retention: 5 years.
• Fire:
o FR-001: Background File / Recruitment File - Fire Employees & Fire Volunteers (SUCCESSFUL) Retention Change: Minimum Separation + 4 years.
o FR-002: Background File / Recruitment File - Fire Employees & Fire Volunteers (UNSUCCESSFUL) Retention Change: 4 years.
• Information Technology:
o IT-001: Description Change to reflect modern practices: Backups /Computer Backups (ALL Disaster Recovery Computer Backups)
o IT-002: Removed, as it is no longer necessary.
• Housing and Human Services:
o New Item: H&HS-028.5: Housing Preliminary Application Form (required for a housing development project that includes residential units; form is provided by California Department of Housing & Community Development - Retention: 5 years. Comments; Various benchmarks are placed using the number of residential dwelling units on the project site within the last five years; GC §§34090, 66300.
o New Item: added new Crisis Team records. Retention: 5 years.
o New Item: added new Rent Stabilization and Tenant Protections Section for record retention.
• Police:
o New item: PD-008.5 - Drone (Unmanned Aerial Vehicle) Recordings Retention: When No Longer Required. Comments: Does not record regular and ongoing operations; GC §34090.6 et seq.
o PD-035: Background File / Recruitment File - Police Employees & Police Volunteers (SUCCESSFUL) Retention Change: Minimum Separation +4 years.
o PD-036: Background File / Recruitment File - Police Employees & Police Volunteers (UNSUCCESSFUL) Retention change: 4 years.
o PD-054: Description Update: Crime Statistics/”National Incident-Based Reporting System (NIBRS)” / Uniform Crime Reporting.
o PD-067 - added “Childhood Sexual Assault” to exceptions.
o New item (change in statute of limitations) PD-067.1 - CRIME REPORTS / SEALED RECORDS: Sealed Juvenile and Ward Cases -(Childhood Sexual Assault Only) - Retention: Age of Majority + 22 years.
o New item: PD-069.2: Registrants: Gang Registrations - Adults. Retention: Minimum 5 years.
o New item: PD-069.3: Registrants: Gang Registrations - Juveniles. Retention = Sealing Date + 5 years.
Other additional changes include updating the department keeper of record for certain documents and other minor administrative updates.
FISCAL ANALYSIS
There is no financial impact associated with the adoption of the proposed Resolution; however, in general, there is some financial savings realized with the implementation a Records Retention Schedule. The savings include labor and storage expenses, including the avoidance of future storage and/or destruction costs.
ATTACHMENTS
Proposed Resolution Amending the Records Retention Schedules
MOTION
That the City Council:
Adopt a Resolution Amending the Records Retention Schedule for the City of Culver City, Authorizing Destruction of Certain City Records in Accordance with the Amended Retention Schedule, and Rescinding Resolution No. 2022-R032.