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HomeMy WebLinkAboutResolution No. 03-C0140 RESOLUTION NO. 03-C14 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING POLICIES FOR THE RETENTION AND DESTRUCTION OF OBSOLETE RECORDS OF THE CITY WHEREAS, Section 34090 of the California Government Code provides that, with the approval of the City Council and the written consent of the City Attorney, the head of a city department may destroy any record, document, instrument, book or paper under his or her charge without making a copy thereof, after the same is no longer required, provided that certain records are exempt from such destruction; and WHEREAS, on April 16, 2001, the City Council approved the "Records Retention Schedule for Cities" (the "Schedule"), attached hereto as Exhibit "A" and incorporated herein by reference, to use as a guideline for the retention and destruction of City records; and WHEREAS, the Schedule did not include categories of documents specific to the Azusa Police Department; and WHEREAS, the Azusa Police Department desires to establish a specific retention and destruction policy regarding records and documents in its charge which are obsolete and unnecessary; and WHEREAS, to this end the City Attorney and Staff of the City of Azusa have prepared the "City of Azusa Police Department Records Retention and Destruction Policy" (the "Policy"), attached hereto as Exhibit "B" and incorporated herein by reference, for consideration and adoption by the City Council; and WHEREAS, the City Attorney has reviewed and approves the Schedule and the Policy, by signature of this Resolution, in accordance with the provisions of Section 34090 of the California Government Code. The City Attorney and City Council hereby acknowledge that the City Attorney's signature on this Resolution constitutes written consent under California Government Code section 34090 for the destruction of obsolete and unnecessary records and documents in accordance with the Schedule and Policy. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY FIND AND DECLARE THAT: SECTION 1. Adoption of Exhibit "A." The City Council hereby adopts the "Records Retention Schedule for Cities," attached hereto as Exhibit "A." SECTION 2. Adoption of Exhibit "B." The City Council hereby adopts the "City of Azusa Police Department Records Retention and Destruction Policy," attached hereto as Exhibit "B." RVPUBWGS\647730 I 0 0 SECTION 3. Ongoing Authority. The City Manager and the Chief of Police shall have ongoing authority, without further approval by the City Council and with the consent of the City Attorney provided herein, to authorize destruction of City records in accordance with Exhibits "A" and "B." SECTION 4. Potential Conflicts. To the extent that any conflicts arise between Exhibits "A" and "B" with respect to records of the City of Azusa Police Department, Exhibit "B," the "City of Azusa Police Department Records Retention and Destruction Policy," shall rule. SECTION 5. Certification. The City Clerk shall certify to the adoption of this Resolution. SECTION 6. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOMD this,#�3th day of Cruz -Madrid, Mayor I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 18'h day of February, 2003, by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSEN : COUNCILMEMBERS: NONE i Vera Mendoza, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney RVYUBWGS\647770 2 0 0 EXHIBIT "A" "RECORDS RETENTION SCHEDULE FOR CITIES" [SEE ATTACHED SCHEDULE] Rvauewasranso L RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Accident/Illness Reports Not a public record 8 CCR 3204(d) duration of duration of Employee Medical Records & Employee GC 6254(c) employment plus employment plus 30 Exposure Records 30 years years ccidents/Damage to City Risk management administration GC 34090 2 years 10 years Property CCP 337.15 Original Journals, Ledgers, Statements, IRS Reg. 1.6001- Permanent Permanent Accounts Payable Inventories 1(a) Invoices, Checks, Reports, Investments, IRC 6001 3 years 15 years Purchase orders IRS Reg. L6001 - 1(e) Accounts Receivable Invoices, Checks, Reports, investments, IRC 6001 3 years 15 years Receipt books IRS Reg. 1.6001- 1(e) ffidavits of Publication / Legal Notices GC 34090 2 years Permanent Posting Affirmative Action Required by the Office of Federal 29 CFR 1602.14 1 year 1 year Records Contract Compliance Programs Agenda / Agenda Packets City Council, Redevelopment Agency, GC 34090 2 years Permanent Commissions — agendas and packets GC 34090.5 should be filmed immediately. A paper copy should be maintained for one year only. The filmed record shall serve as the Rvruswcsv26290 Page 1 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period permanent record. Agreements Original contracts and agreements and GC 34090 5 years Permanent for back-up materials (includes agreements CCP 317, 318, 319, historic value for real property) 337 Annexations / Notices, Resolutions, Certificates of GC 34090 Permanent Permanent Reorganizations Completion Appraisals For Real Property Owned by City or GC 34090 Permanent Permanent Redevelopment Agency — GC 6254(h) Not a public record Audit Reports Financial Services GC 34090 2 years Permanent for historic value Awards Awards given to or by the City (special None Retain selected honors) awards deemed to be historically significant permanently Bank Account Statements, canceled checks, certificates IRC 6001 3 years 15 years Reconciliations of deposit IRS Reg. 1.6001- 1 (e) Bids, Accepted Includes plan and specifications; GC 34090 2 years 5 years after notices/affidavits. CCP 337 termination of contract/agreement RVPUBWG5\726390 Page 2 L RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Bids, Unaccepted Unaccepted bid packages only GC 34090 2 years 2 years Bonds Finance - authorization/public hearing GC 34090 Permanent Permanent records/prospectus/ proposals/certi ficates/notices (transcripts)/registers/statements. Paid Bonds; warrant certificates; interest GC 34090 2 years (City 2 years coupons GC 53921 Treasurer may set conditions for destruction) Unsold Bonds GC 34090 2 years (must give 2 years GC 43900 et seq. public notice before destruction) Brochures/ Retain selected documents only for GC 34090 2 years Permanent Publications historic value. udget Annual budget documents GC 34090 2 years Permanent Building Plans Not to be reproduced until authority is GC 34090 2 years Permanent obtained from architect of record. Business License Annual Finance GC 34090 2 years Permanent Reports Business Licenses/Permits City issued GC 34090 While current plus While current plus 4 2 years years Cal -OSHA Personnel -Logs, Supplementary Record, 29 USC 651; LC 5 years 5 years RVPUBWOSU26290 Page 3 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Annual Summary (Federal & State -Cal 6410; 8 CCR 14307 OSHA) California Income Tax R&TC 19704 6 years 6 years ecords Campaign Statements - Original statements of elected candidates GC 81009(b) Permanent (can Permanent Mayor, City Council - and committees supporting elected GC 81009(g) microfilm after 2 elected (originals) candidates for Mayor, City Council years) Campaign Statements - Original statements of candidates and GC 81009(b) 5 years (can 5 years candidates for Mayor, City supporting committees for candidates not GC 81009(g) microfilm after 2 Council - not elected elected for Mayor, City Council years) (originals) Campaign Statements for Original statements of all other persons GC 81009(c), (e) 7 years (can 7 years other than Mayor, City and committees; other original reports and GC 81009(g) microfilm after 2 Council; other campaign statements years) reports (originals) opies of Campaign Copies of reports/statements (if filing GC 81009(f) 4 years (can 4 years Statements/Reports - officer is not required to keep more than GC 81009(g) microfilm after 2 one copy) years) Certificates of Compliance Building department documents GC 34090 2 years Permanent Citizen Feedback General correspondence. GC 34090 2 years 2 years Claims Against the City Risk Management GC 34090 Until settled 10 years after settled Collective Bargaining 29 CFR 516.5 3 years 3 years Agreements RVPUBWGS926290 Page 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Community Surveys Review final survey reports for historic GC 34090 2 years *only documents significance deemed significant will be imaged and maintained permanently.* Complaints/Requests Various files, non -code enforcement, not GC 34090 2 years 2 years related to specific cases and not otherwise specifically covered by the retention schedule. Complaints Against Police Complaints by members of the public PC 832.5(b) 5 years 5 years Personnel Comprehensive Annual Finance GC 34090 2 years Permanent Financial Reports (CAFR) Conflict of Interest Originals - Fair Political Practices GC 81009(e), (g) 7 years (can 7 years Statements - Form 700 Commission. microfilm after 2 years) Contracts, City Original contracts and agreements and CCP 337 5 years after Permanent for back-up materials. termination/ historic/ completion evidential value Correspondence General administrative; GC 34090 2 years 2 years Various files, not related to specific cases and not otherwise specifically covered by the retention schedule. File with recorded documents; originals RVPUBwcs\926290 Page 5 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Deeds, Real Property may not be destroyed. GC 34090 Permanent Permanent Deferred Compensation Finance - pension/retirement funds 29CFR 516.5 3 years 3 years Reports emographic/ Retain for historical purposes. GC 34090 2 years Permanent Statistical Data DMV Driver Information Personnel --Not a public record. GC 34090 Until Superseded Until Superseded Reports GC 6254(c) Easements, Real Property File with recorded documents; originals GC 34090 Permanent Permanent may not be destroyed. Economic Development Administrative records/Staff GC 34090 2 years Permanent Projects reports/Project files Economic Interest Copies of statements forwarded to Fair GC 81009(£), (g) 4 years (can 4 years Statements - Form 700 Political Practices Commission. microfilm after 2 (copies) years) conomic Interest Originals of statements of designated GC 81009(e), (g) 7 years (can 7 years Statements - Form 700 employees microfilm after 2 (originals) years) Election - Administrative Not ballot cards or absentee voter GC 34090 2 years Permanent Documents lists/applications. Election - Ballots and All ballot cards (voted, spoiled, canceled) EC 17302, 17306, 6 months 6 months Related Documents arranged by precinct, unused absentee 17505 ballots, ballot receipts, absent voter identification envelopes, absentee voter RvaUuwcs\326290 Page 6 I L RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period applications. May be destroyed subject to any pending contest. lection - Election Package of 2 tally sheets, copy of index, EC 17304 6 months 6 months fficial's Package of challenge lists, assisted voters list. Documents Public record - all voters may inspect after commencement of official canvass of voters Election - Nomination All nomination documents and signatures EC 17100 during term and 4 during term and 4 Documents in lieu of filing petitions years after years after Election Petitions - Not a public record - documents resulting EC 17200, 17400 8 months 8 months Initiative/Recall/Ref in an election - retention is from election GC 6253.5 certification. Election Petitions - No Not a public record. Not resulting in an EC 17200, 17400 8 months 8 months election election. Retention is from final GC 6253.5 examination. Employee Files Personnel --Not a public record. GC 12946 minimum 2 years 5 years after GC 6254(c) termination CCP 337 Employee Information - Personnel --California Employer 2 CCR 7287(a), 2 years 2 years CEIR Information Report 2 CCR 7287(c)(1) (for employers of 100 or more employees) GC 12946 Employee Information - Personnel --Data regarding race, sex, 2 CCR 7287(b), 2 years 2 years Applicant Identification national origin of applicants (c)(2) RVPUBWGSl126290 Page 7 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Records Employment Applications Personnel -- Not a public record. GC 12946 minimum 2 years 2 years - Not Hired GC 6254(c) mployment Eligibility Federal Immigration and Nationality Act 8 USC 1324a (b)(3) 3 years after date of 3 years after date of Verification (I-9 Forms) hire, or 1 year after hire, or 1 year after date of termination, date of termination, whichever is later whichever is later ERISA Records Employee Retirement Income Security Actof1974 - plan reports, certified information filed 29 USC 1027 6 years 6 years - records of benefits due 29 USC 1059 Indefinitely Indefinitely Events Planning, Review for historic significance GC 34090 2 years *only documents Community deemed significant will be imaged and maintained permanently* Family and Medical Leave Records of leave taken, City policies 29 CFR 825.500 3 years (federal) 3 years (federal) Act (federal); relating to leave, notices, communications GC 12946 2 years (state) 2 years (state) Family Rights Act relating to taking leave (California) Federal Income Tax IRS Reg. 3 years 15 years Records 301.650(a)-1 Fee Schedules/Studies Considered by the City Council GC 34090 2 years Permanent Rvrunwcsu26290 Page 9 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Retention Period Recommended Retention Period Fire Protection District Administration Administrative documents. GC 34090 2 years Permanent Flood Plain Maps FEMA - not a City record, for information only. Until Superseded Until Superseded Forms Administrative - blank Until Superseded Until Superseded Fund Transfers Internal; bank transfers & wires GC 34090 2 years 7 After Audit General Ledgers All annual financial summaries --all agencies GC 34090 2 years Permanent General Plan Image on completion. 1 paper copy in library until superseded. GC 34090 Until Completed Permanent General Plan Amendments Image on completion. GC 34090 Until Completed Permanent Gifts/Bequests Finance - to the City (kept with cash receipts) GC 34090 2 years 7 After Audit Grading Permits GC 34090 1 year Permanent Grading Variances GC 34090 Until Completed Permanent Grants Administration Grants to the City. GC 34090 Until Completed 3 years After Audit Historic Preservation e.g.; Historical landmarks, historic register GC 34090 2 years Permanent Historical Records Records deemed historically valuable. GC 34090 2 years Permanent History, City I *only documents Rveuu\rres\326290 Page 9 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Organizational Review for historic significance GC 34090 Until Superseded deemed significant will be imaged and maintained permanently* ome Occupation Permits Business license related GC 34090 While Current 4 years after expiration Housing Programs Planning/ GC 34090 2 years Permanent Redevelopment Agency files. Insurance Personnel related. GC 34090 Until Superseded Permanent Insurance Certificates, City e.g.; liability, performance bonds, GC 34090 Until Superseded Until Superseded employee bonds, property plus 2 years Land Use and GC 34090 Until Superseded Permanent Development Code Law Enforcement Records *Governed by separate Police Records Retention Schedule. Documents presented to Council are permanent records to be imaged and maintained as part of Administration records. Legal Notices/Affidavits of GC 34090 2 years Permanent Publication Licenses/Permits City issued e.g. solicitation, special GC 34090 While Current 4 years after events. This category DOES NOT expiration include business licenses/permits RVPUBWGSl926290 Page 10 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Litigation Case files GC 34090 Until settled 8 years after settlement Lot Line Adjustments Land use - case files. GC 34090 Permanent Permanent aintenance Manuals Equipment service/maintenance GC 34090 Until Superseded Until Superseded Maintenance/Repair Equipment GC 34090 2 years 2 years Records Materials Board, Planning/Engineering GC 34090 2 years 2 years Renderings Boards & Photographs Media Relations Review for historic significance, only GC 34090 2 years Permanent documents deemed significant will be imaged and maintained permanently.* Medical Files, Employee Personnel --not a public record 8 CCR 3204 duration of duration of GC 6254(c) employment plus employment plus 30 30 years years Membership Applications/ Other agencies, organizations, GC 34090 Until Terminated Until Terminated Renewals associations Minutes Council/Redevelopment GC 34090 Permanent Permanent Agency/Commissions. Documents are to be imaged immediately. Paper records are to be maintained permanently by the City Clerk Division. Municipal Code Retain old versions for historic value. GC 34090 Until Superseded Permanent RVPUBWGS326290 Page I 1 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Neighborhood Planning Area and neighborhood Planning case GC 34090 Until Completed Permanent records. Newsletter, City Retain permanently for historic reference. GC 34090 2 years Permanent uisance Abatement Includes citations (not police), nuisance GC 34090 Until Settled Until Settled plus 2 abatement, and liens resulting from years nuisance abatement. Oaths of Office Personnel/Council/ GC 34090 While Current plus Permanent Commission 2 years Offers of Dedication Kept even though some may not occur. GC 34090 Until Completed Permanent Opinions, City Attorney GC 34090 2 years Permanent Ordinances Vital records - originals may never be GC 34090 Permanent Permanent destroyed. Image immediately. Organizations, Outside General correspondence. This category is GC 34090 2 years 2 years inclusive of all outside organizations, community groups, other governmental agencies, etc. OSHA OSHA Log 200, Supplementary Record, 29 USC 651; LC 5 years 5 years Annual Summary (Federal & State -Cal- 6410; 8 CCR 14307 OSHA) 29 CFR 1904.2 - 1904.6 OSHA (Accident/Illness Personnel - Employee Exposure Records 29 USC 651; LC Duration of Duration of Reports) & Employee Medical Records 6410; 8 CCR 14307; employment plus employment plus 30 Rveunwcsu26290 Page 12 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Not a public record 8 CCR. 3204; GC 30 years years 6254(c) Paramedic Services Documents other than original contracts. GC 34090 2 years Permanent arcel Map Waivers Land use - planning case files GC 34090 Until Completed Permanent Parcel Maps Land use - planning/engineering case files GC 34090 Until Completed Permanent Parking Studies Engineering GC 34090 2 years Permanent Payroll - Federal/State Annual W -2's, quarterly and year-end IRC 6001 3 years 15 years Reports reports IRS Reg. 301.6501(a)-1 Payroll Deduction/ Finance 29 CFR 516.6(c) While Current 5 years after Authorizations termination Payroll, registers Finance 29 CFR 516.5(a) 3 years Permanent LC 1174(d) ayroll records, terminated Finance files 29 CFR 516.5 3 years from date of 7 years after audit employees last entry Payroll, time cards/sheets Employee 8 CCR 1 1000-11150 3 years 7 years after audit 29 CFR 516.6(a)(1) LC 1174(d) PERS - Employee Benefits Retirement Plan 29 USC 1027 6 years 6 years Personnel Records Records relating to promotion, demotion, 29 CFR 1627.3 3 years 3 years transfer, lay-off, termination Rvrunavcsv26290 Page 13 r L RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Personnel Rules and Including employee handbook GC 34090 Until Superseded Permanent Regulations Planning Commissioners Applications and other documents relating GC 34090 Until Superseded Until Superseded + to commissioners. 2 years Police Records *Governed by separate Police Records Retention Schedule. Documents presented to Council are permanent records to be imaged and maintained as part of Administration records. Policies, Administrative GC 34090 Until Superseded Until Superseded Policies, Council/ Original policies adopted by the City GC 34090 Until Superseded Permanent CRA/Commission Council/CRA/ Commission. imaged immediately as part of Council packet or minutes. Political Related to legislation. GC 34090 2 years 2 years upport/Opposition, Requests & Responses Polygraph tests Records relating to the administration of a 29 CFR 801.30 3 years after test 3 years after test polygraph examination Press Releases City related. GC 34090 2 years 2 years Procedure Manuals Administrative. GC 34090 Until Superseded Until Superseded Proclamations City issued proclamations GC 34090 2 years 2 years RVPUBWG5\726290 Page 14 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Property Acquisition/ City and CRA owned. GC 34090 2 years Permanent Disposition Public Relations Review for historic significance, GC 34090 2 years *only documents deemed significant will be imaged and maintained permanently* Recordings - audiotaped Council/Commission/ GC 34090 Until no longer Until minutes are (for preparation of meeting Redevelopment Agency meetings 64 Ops.Atty.Gen required for approved minutes) 317 preparation of minutes Recordings - routine video Routine daily taping/recording of GC 34090, 34090.6 Videos - 1 year; Videos - 1 year; monitoring, telephone, and telephone communications & radio Phone & Radio Phone & Radio radio communications communications; routine video communications - communications - monitoring including in -car video 100 days 100 days systems, jail observation/monitoring (destruction must (destruction must systems, building security systems have approval of have approval of City Council & City Council & written consent of written consent of City Attorney) City Attorney) Recordings, videotaped Council/Commission/Redevelopment GC 34090, 34090.7 90 days after event 90 days after event Agency meetings recorded and recorded and minutes approved minutes approved Recruitments and Selection Records relating to hiring, promotion, 29 CFR 1627.3 3 years 3 years selection for training RVPUB\NGSU26290 Page 15 F- L 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Refuse Collection General administrative records GC 34090 2 years 2 years Registration Forms Human Services Recreation Programs GC 34090 2 years 2 years Release Forms/Waivers Human Services Recreation Programs GC 34090 2 years 2 years IF Reports - Agenda reports, Council/Redevelopment GC 34090 2 years Permanent staff reports Agency/Commission. All staff reports and GC 34090.5 correspondence presented as part of a meeting are permanent records. Paper copies of Council/CRA packets will be maintained for 1 year as complete packets. Originals are imaged immediately for permanent retention. (Paper records will be maintained 1 year in the City Clerk Division as part of a complete copy of the agenda packet materials). The filmed record shall serve as the permanent record. esolutions Vital records - originals may never be GC 34090 Permanent Permanent destroyed. Image immediately. Returned Checks Finance -NSF (not City checks) GC 34090 2 years after audit 2 years after audit Salary Surveys GC 34090 2 years 2 years Sewer Construction/ Administrative records. GC 34090 2 years Permanent Improvement/ Maintenance RVPUBWGSl326290 Page 16 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Sister Cities Retain permanently for historic reference. GC 34090 2 years Permanent Social Events/Celebrations Review for historic significance, only GC 34090 2 years Permanent* documents deemed significant will be imaged and maintained permanently.* Speed Surveys Engineering GC 34090 Until Superseded Until Superseded plus 2 years plus 6 years State Controller Annual reports. GC 34090 2 years 7 years after audit Stop Payments Finance - bank statements GC 34090 2 years 7 years after audit Storm Drain Construction/ Administrative records. GC 34090 2 years Permanent Improvement/ Maintenance Street Construction/ Administrative records GC 34090 2 years Permanent Improvements tudies, Various City Various file number locations. GC 34090 2 years Permanent Subdivision/Tract Files Planning/Engineering GC 34090 Until Completed Permanent Surplus Property Administration relating to auctions. GC 34090 2 years 2 years Tax Administration Includes Tax & Revenues Anticipation GC 34090 While Current 7 years After Audit Notes, Utility User's Tax and related documents. Telephone Reports Finance - monthly summary and detail GC 34090 2 years 2 years reports. Rwuu\NGsv26290 Page 17 4 4 RECORDS RETENTION SCHEDULE FOR CITIES Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) Record Description Authority Legal Recommended Retention Retention Period Period Treasurer's Report GC 34090 2 years Permanent Unemployment Insurance IRC 3301-3311 4 years 4 years Records acations Street; offers to dedicate; drainage; access GC 34090 2 years Permanent rights, etc. Wage and Hour Records - For covered employees and other records 41 USC 35-45 3 years 3 years federal requirements for employees under 19 years old Wage Rates / Job Employee records LC 1197.5(d) 2 years 2 years Classifications LC 1174(d) Warrant Registers Finance - list of demands (retain as part of GC 34090 Permanent Permanent agenda packet information) Waste Management Solid Waste - Administrative GC 34090 2 years Permanent Water System records Sampling data, analyses, reports, surveys, 22 CCR 64692 12 years 12 years letters, evaluations, schedules, Department determinations Wires Finance - fund transfers GC 34090 2 years 7 After Audit Work Orders Community Services GC 34090 2 years 2 years Workers Compensation Work -injury claims (including denied 8 CCR 10102 5 years 5 years Files claims) Legal Authority Abbreviations CCP Code of Civil Procedure (California) IRS Internal Revenue Service RVPUBWGS\526290 Page 18 RECORDS RETENTION SCHEDULE FOR CITIF,S Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.) CCR California Code of Regulations LC Labor Code (California) CFR Code of Federal Regulations PC Penal Code (California) EC Elections Code (California) R&TC Revenue & Taxation Code (California) GC Government Code (California) USC United States Code IRC Internal Revenue Code • E Rvvunwcs\32e290 Page 19 0 0 EXHIBIT "B" "CITY OF AzUSA POLICE DEPARTMENT RECORDS RETENTION AND DESTRUCTION POLICY" [SEE ATTACHED POLICY] RVPUBWGS\647730 9 0 EXHIBIT "B" City of Azusa Police Department RECORDS RETENTION AND DESTRUCTION POLICY I. Purpose The purposes of this policy are to: (1) guide the City of Azusa Police Department staff regarding the retention and destruction of Police Department records; and (2) ensure compliance with legal and regulatory requirements. II. Procedure A. The Police Department Records Supervisor ("Supervisor") determines that a document is eligible for destruction by doing the following: (1) Checking the Records Retention Policy to confirm that the document has been retained by the Police Department for the legally required period of time; (2) Confirming that any applicable reproduction requirements (i.e., microfilming) for that document are complete; B. The Supervisor then completes a 'Request for Destruction of Records" form by listing the applicable dates and description of the document. C. The Supervisor submits the form to the Chief of Police, who reviews and signs the form. D. The Supervisor oversees the destruction of the document, indicates the method of destruction on the form, signs the form and returns the original signed form to the Chief of Police. E. The Supervisor will keep a master log of all destroyed documents, which shows what documents or records were destroyed, the method of destruction and the date of destruction. F. The Chief of Police will retain all original signed forms requesting destruction of RVPUBWGSNW379 0 0 records for a minimum period of two (2) years, pursuant to Government Code section 34090. IIl. General Rule for Retention/Destruction of Records The eg neral rule for retention and destruction of Police Department records is that records must be kept a minimum of two (2) years before they can legally be destroyed. There are certain exceptions to this rule, such as shorter retention periods for video and audio tapes and longer retention periods for certain personnel records. If you are unsure of the retention period for any record, please check with the Records Supervisor, the Chief of Police, or legal counsel before destroying any document or record less than two years old. IV. Retention/Destruction Schedules A. Schedule I - Two (2) Years Retention and Destruction The following is a sample list of documents that are to be retained for two (2) years after they are completed and/or of no further use to the Police Department. There may be other documents not described here that are to be retained for a minimum of two years. After two (2) years, such documents may be destroyed (pursuant to Government Code sections 34090 and 34090.5). (1) Arrest reports related to marijuana. (Health & Saf. Code §§ 11360, 11361.5, 11357.) [Two years from date of conviction OR two years from date of arrest if no conviction.] (2) Bail checking account statements and checks. (3) Bail receipts. (4) Completed purchase order forms. (5) Cash register tapes and deposit slips. (6) Copies of citations issued, including traffic citations. (7) Citation ledgers. (8) Concealed weapon license application documents. (9) Police Daily Activity records and logs that DO NOT include information on any form of homicide, felony sex crime, robbery, felony assault, felony RVPUMNGS\W379 _2_ 0 0 hit and run, burglary, arson, and auto theft. (10) Field investigation cards. (11) Fingerprint cards (retain only best exemplar). (12) Miscellaneous receipts (for sales of reports, fingerprinting services, visa clearance letters, citation verification service, reproduction of photographs and vehicle impounds). (13) Mug photographs. (14) Miscellaneous non -criminal reports. (15) Notice to Appear (citations). (16) Employment applications by applicants not hired. (17) Vehicle Inspection forms. (18) Vehicle maintenance requests. (19) Background records check applications and response letters. (20) Timecards and/or timesheets. (29 CFR 516.6, subd.(a).) (21) Wage rate tables or schedules used in computing straight -time earnings, wages, salary or overtime pay. (Ibid.) (22) Records of additions to or deductions from wages paid. (29 CFR 516.6, subd. (c).) (23) Correspondence from citizens, other than citizen complaints. (Gov. Code § 34090.) (24) Jury summons for Police Department employees and related documentation. (Ibid.) (25) Records of expired licenses and permits. (26) Records of lost and found items which have been lawfully disposed of. (27) P.O.S.T. (Peace Officers Standards and Training) training reimbursement request forms and related training expense receipts. RVPUBWGS�640379 -3- [a 0 (28) S.T.C. (Standards and Training Corrections) training reimbursement request forms and related training expense receipts. Schedule 1- Two (1) Years Retention, Reproduction and Destruction The following is a sample list of documents that are to be retained for two (2) years and then reproduced on microfilm, recorded on optical disk, reproduced by electronically recorded video images on magnetic surfaces, recorded in an electronic data processing system, or recorded/reproduced on any other medium which accurately and legibly reproduces the original document. The reproductions must be as accessible to the public as the original documents. Two reproductions of each such document must be created, with one reproduction kept in a safe and separate place for security purposes. (Gov. Code §§ 34090, 34090.5.) (1) Arrest reports related to unadjudicated arrests and unserved warrants. (2) Police Daily Activity records and logs involving any form of robbery, felony assault, felony hit and run, burglary, or arson. (3) Non -cleared, non criminal Police Daily Activity records and logs (i.e., missing, injured or dead person). (4) All reports involving human death. (5) Monthly Uniform Crime Report ("UCR") for State Department of Justice ("DOJ"), including: (a) Actual offenses reported and cleared. (b) Return A/Supplement. (c) Supplementary Homicide Report. (d) Property stolen by type, value and classification. (e) Arson offenses. (f) Number of violent crimes committed against senior citizens. (g) Domestic violence -related calls for assistance (h) Law enforcement officers killed or assaulted. (i) Age, sex and race of person arrested (adult and juvenile). 0) Monthly arrest and citation register. (k) Monthly hate crimes incidents. (1) Death in custody reporting. RVPMNGS�W379 4- C. Schedule 3 - Video and Audio Tapes Video Tapes Recordings of "routine video monitoring" (i.e., mobile in -car video systems, jail observation/monitoring systems, and building security taping systems) must be retained for one year, and may thereafter be destroyed. However, in the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until such claim or litigation is resolved. (Gov. Code § 34090.6.) Duplicate Video Tapes Video tapes and films (including recordings of "routine video monitoring") may be considered duplicate records if the Police Department keeps another record, such as written minutes or an audiotape recording, of the event recorded on the video tape. Duplicate video tapes must be kept at least 90 days after the recorded event, and may then be destroyed or erased. (Gov. Code § 34090.7.) Audio Tapes Recordings of telephone and radio communications (i.e., routine daily taping and recording of telephone communications to and from the Police Department and all radio communications relating to the operations of the Police Department) shall be retained at least 100 days, and may thereafter be destroyed. However, in the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until such claim or litigation is resolved. (Gov. Code §§ 26202.6, 34090.6.) D. Schedule 4 - Personnel Records The following personnel related records must be kept for the minimum time period indicated and thereafter may be destroyed: (1) Three (3) years from the last date of entry: Payroll or other related records which contain employee information including name, address, date of birth, occupation, rate of pay, and compensation earned each week (29 CFR 516.5.) Some records that may apply to this category include employee performance evaluations; staff evaluations. (2) Three (3) years from the last effective date: RVPUBWGS\650379 -5- 0 All collective bargaining agreements and any amendments or additions there to; Employee plans, or trusts; Employment contracts, individual contracts, written agreements or memoranda summarizing the terms of oral agreements or understandings. (Ibid.) (3) One (1) year from the date of the personnel action to which these records relate: • Job applications, resumes or other form of employment inquiry (i.e., job cards); • Records regarding failure or refusal to hire an individual; • Promotion, demotion, transfer, selection for training, layoff, recall or discharge of any employee; • Job orders submitted to an employment agency or labor organization for recruitment of personnel • Test papers completed by applicants or candidates for any position • Physical examination results in connection with a personnel action • Advertisements or notices regarding job openings, promotions, training programs, or opportunities for overtime work. (29 CFR 1627.3.) Other records that may apply to this category include written reprimands, commendations, disciplinary actions which resulted in adverse action against an employee; and applications for reassignment or promotion. (4) One year after termination of the plan: Any employee benefit plans including pension and insurance plans and any changes or revisions thereto. (Ibid.) E. Schedule 4 - Permanent Retention and Reproduction Police Daily Activity records and logs involving homicide, felony sex crime, non -cleared criminal and non -criminal matters (i.e., missing, injured or dead person) and other reports (at the discretion of the supervising investigator) shall be permanently retained in original form. It is recommended that such records be reproduced on microfilm, optical disk, or other authorized medium and that such reproductions be kept in a safe and separate place for security purposes. RVPUBINGS1610379 -6- 0 0 Schedule 5 - Five (5) Years Retention and Destruction The following records must be retained for a minimum of five (5) years after the dates specified below and thereafter may be destroyed: (1) Complaints against peace officers and any reports or findings relating to such complaints must be retained for a minimum of five (5) years after the date of the complaint. (Penal Code § 832.5.) (2) Peace officer personnel records must be retained for a minimum of five (5) years after the officer has terminated employment. (Op.Atty.Gen. No. 99- 1111 [May 2, 2000].) (3) Department of Justice Oleoresin Capsicum [pepper spray] Application Reports that are not part of a crime report must be kept for a minimum of five (5) years from the date of the incident. (4) Taser Incident Reports that are not part of a crime report must be kept for a minimum of five (5) years from the date of the incident. (5) Pursuit Reports (CHP 187) that are not part of a crime report must be kept for a minimum of five (5) years from the date of the incident. (6) All crime and supplemental reports of infractions, misdemeanors, and felonies must be kept for a minimum of five (5) years and thereafter may be destroyed only if the following conditions apply: (a) The reports do not relate to an arrest. (b) The reports do not relate to any unserved warrants. (c) The reports do not relate to registrants pursuant to Penal Code section 290 (sex offenders) or Health and Safety Code section 11590 (drug offenders). (d) The reports do not involve identifiable missing items and such items are maintained in the California Department of Justice data bases. (e) The reports do not relate to a criminal death case. (f) The reports do not relate to violations listed in Penal Code sections 799 and 800 (offenses punishable by over eight years imprisonment, by death or by life imprisonment; embezzlement; offenses by minors). (g) The reports are not presently involved in either civil or criminal litigation. RVPUBWCS\610379 _7_ 0 0 (7) All index cards and logs which relate to the crime and supplemental reports destroyed according to subsection (6) above. (8) All Police Daily Activity records and logs involving any form of auto theft. IV. Annual Review by City Attorney The Supervisor shall be responsible for requesting an annual review of this policy by the City Attorney. This request shall be made through the Chief of Police. RVPUMNG9J640379 _8_