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HomeMy WebLinkAboutNB 2 CITY RECORDS 10-05-92r) A NEW BUSINESS N0. 2 10-5-92 (It'nter-ComDATE: SEPTEMBER 28, 1992 TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ATTORNEY SUBJECT: CITY RECORDS; RETENTION AND DESTRUCTION RECORD RETENTION LAWS Records of a city must be retained as prescribed by the Government Code, various other State statutes and regulations and by Federal statutes and regulations. 1. Government Code §34090 provides as follows: A. Permanent retention of the following records is required: (i) Records affecting title to real property, or liens thereon; (ii) Records required to be kept by any statute; (iii) Minutes, ordinances, or resolutions of a legislative body or of a city board or commission. B. No records less than two years old may be destroyed. However, Government Code §34090.7 provides that despite the provisions of Government Code §34090, a city council may prescribe a procedure under which duplicate copies of city records which are less than two years old may be destroyed if they are no longer required. 2. Election materials must be retained as stated in Attachment A attached hereto. 3. Employer/ Employee records which must be retained pursuant to California statutes are as set forth on Attachment B attached hereto. 4. Federal statutes and regulations relative to retention of employment documents are enumerated on Attachment C attached hereto. Honorable Mayor and City Councilmembers September 28, 1992 Page Two DESTRUCTION OF RECORDS PROCEDURES Government Code §34090 provides that records which are not required to be retained or are not required to be retained after a certain period which has expired, may be destroyed 1) with the approval by resolution of the City Council and 2) with the written consent of the City Attorney, pursuant to Government Code §34090. A copy of Government Code §34090 is attached hereto. The documents which are permitted to be destroyed pursuant to the provisions of Government Code §34090 are expanded by Government Code §34090.5 which provides that, notwithstanding the limitations of Government Code §34090, any document may be destroyed which has been copied in compliance with the provisions of Section 34090.5. This latter section sets forth precise provisions re copying, microfilming, etc. From time to time Staff submits to the City Council resolutions authorizing the destruction of records in accordance with the foregoing limitations. Each such proposed resolution is reviewed by the City Attorney and the City Attorney's written approval is attached to each such resolution before submittal to the City Council. JAMES G. OURRE, City Attorney J GR: jab: D: M892 (A228 . jab) cc: William Huston ATTACHMENT A RETENTION SCHEDULE FOR ELECTION SUPPLIES RETENTION ITEM TIME Ballots 6 months Identification Envelopes 6 months Tally Sheets; Roster of Voters; 6 months Copies of Index; Challenge List; Assisted Voters List; Affidavits of Persons Nomination Papers Receipts for Delivery of Packages of Ballots Petitions: Initiative Referendum Charter Amendment Recall FPPC Material Statement of Economic Interest Term of Office + 4 years Permanent COMMENTS Subsequent to the date of the declaration of the result of the election. 07133 E.C.) Subsequent to the date of the declaration of the result of the election. 0 7133 E.C.) All voters may inspect the contents of these materials at all times following commencement of the official canvass of the votes. (17132, 17022 E.C.) (71 E.C.) May be maintained in microform on authorization of Council. 8 months After the certification of the results of the election for which the petition qualified or attempted to qualify. (3756, 4009 E.C.) 8 months After the certification of the results of the election for which the petition qualified or, if no election is held, 8 months after the clerk's final examination of the petition. (27300 E.C.) Indefinite FPPC (may be microfilmed after two years) Organizational Indefinite Statements, Lobbyist Registration, Campaign Statements for Certain Positions FPPC (may be microfilmed after two years) Other Campaign Statements and 7 years After leaving office -- FPPC. Non-specific Reports NOTE: The time frames apply unless legal action. is instituted involving the materials as evidence. Attachment A Z O N :J G •., ti a, v W J.� i. L �• x ..r •.-� O ,-+ .� S.. —M Ur' O �' •�+ to � �+ 41 > to M >- W •-� Q .� 0 co � � .� •.� r tr.`. rn .. p /^^T V4 fu-ipp. t!! O .•. N U v to OE OU O. 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Z (I •.� w U N v v v v 0 v >-+ -1-i : •� c -, i :� C O Q •-4 �: '� G � ; v -.; ,.. c C a3 cC O v .:� S...� U 4� s 4 U r3 O- 0 .. ... o O 3 -� fz C :.1 M U v -� .0 U :.� 41 v -,-j U) 41 o O ro 41 . i C7 .En w >. r-+ .-� to 0) w •-; 0 (nfue)L oM v J L on..^v�-o= �� C.Ort;E :.j�0 Cv o� 0 ro C) G, • p L;4 v: - c •° v >4 EEn U --4 LO j v c c O M c. ro • � v >4 M � to •.- -.� 3 " w v cc > -r w �-+ M O. tll �. >r v 'D -� tll .O -•� iT Q) to -. i .-� .-•, L Ci .� O ... t^n rr, O O . �-+ U >- >. ^ ry :� --: Oc Ualroo ow 00u cn ^ r ... to • �% v v ' :.. J N � v ro z G 0 o 0)= v v >o •..`�'�.�a^.0 � r_ 0% U-4 t ���to G.� w ro •• -r 4 C .:-J 3 o^ :77 ;J � ra -Tv M U ^ tr ro G U to C O y ra •ri C v r� .,i >4 •N U U - v 0 to ro w c •� to �-+ :� Q1 12 .v Q) v ro ro to , -� >. - m U ro c ro -� U U > G a fo •^+ O :� >. t_ v tT •.� >.� c to to ► c v c a O to >4 -r-+ ---q O to to M _ W --4 � M •^+ :.a r U •-{ G ra U. � � L t5 ° = .° F o o. ro M X r� . .-..! ^ Q) •r -I �.•N�. ^^ . - tC :.� v r .0 :� �.+ U s, L' U J ti (L U Q�7 .:.� G. ro U U -- _ .... (� W co •. ... 0 rp Attachment B No. 453 441:11 ATTACHMENT C REPORTS AND RECORDS Federal Recordkeeping Requirements Recordkeeping requirements are imposed on employers under several federal laws. The table below summarizes the requirements of the Fair Labor Standards Act, Title VII of the Civil Rights Act, . Executive Order 11246 on Equal Employment Opportunity for federal contractors, the Age Discrimination Act the Vocational Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Act. References are given to pages where more detailed information may be found on the record-keeping requirements. Statute Reoorda to be Retained Period of Retention Form of Retention 1. Fair Labor a. Basic records containing em- a. Three years No particular form is Standards ployee information, payrolls, in- specified Act (see dividual contracts or collective Microfilm is permis- Wages and bargaining agreements, applic- sible if employer is Hours, able certificates and notices of willing to make any p. 97:19) Wage -Hour administrator. sales required transcripts and purchase records Punched tape is per- missible if records - can be readily con - b. Supplementary basic records b. Two years versed to reviewable including basic employment and form earnings records; wage rate tables; work time schedules; • order, shipping, and billing records; records of addition& to or deductions from wages paid; documentation of basis for pay- ayment mentof any wage differential to employees of the opposite sex in the same establishment c. Certificates of age c. Until termination of employment d. Written training agreements d. Duration of training program 2. Title VII of a. Any personnel or employment a. Si: months from date of making No particular form is Civil Rights record made or kept by employ- the record or taking the personnel specified Act (see er, including application form action involved. whichever occurs Records as to racial 401:1, and records having to do with later or ethnic identity 401:131, hiring, promotion, demotion, may be obtained 441:51) transfer, layoff or termination, either by visual sur - rates of pay of other terms of vey or by mainw- compensation, and selection for nance of post -hire training or apprenticeship records where b. Personnel records relevant b. Until final disposition of charge permitted by state to charge of discrimination or ac- or actions law; such post -hire tion brought by Attorney Gen- records should be eral against employer, including, kept separate from for example, records relating to emplovee'r, basic charging party and to all other personnel records employees holding similar posi- available to those tions, application forma or test responsible for per - papers completed by unsuccess- sonnel decisions ful applicant and by ail other candidates for same position c. For apprenticeship programs, c. (1) Two years or period of suc- (1) a chronological list of cessful applicants apprenticeship, names and addresses of all ap- whichever is later plicanta, dates of application, sex, (2) One year from due date of and minority -group identification report or file of written applications con- taining same information; and other records pertaining to ap- prenticeship applicants, e.g.. test papers, interview records; and (2! any other record made soleiy for completing report EEO - 2 or similar reports adified: Nov. a RR 1986 MAT 0$�� Copyright ©1982 by The Bureau of National Affairs, Inc - 0149 -2683/821".50 Attachment C C-1. 9 441:12 REPORTS AND RECORDS No. 453 Statute + Records to be Retained ( Period of Retention Form of Retention 2. Title VII of Id. (Employers with 100 or d. Current report must be Civil Rights more employees) Copy of retained indefinitely; other. Act–Contd. EEO -I — Employer Informa- wise. 6 months. tion Report 3. Executive Written affirmative action pro Not specified No particular form Order 11246 grams and supporting documen. is specified (see p. tation including required utili. 401:601) cation analysis and evaluation. other records and documents re- lating to compliance with applic. able EEO nondiscrimination and affirmative action requirements, including records and documents on nature and use of tests, valida. tions of tests, and test results as required; and to compliance with - construction industry EFA plans and requirements 4. Age Discrimi- a. Payroll records containing a. Three years a. and b. No particu. nation Act each employee's name, address, lar form is specified tsee pp. date of birth, occupation. rate of 401:351. pay, and compensation earned 401:341) per week o. Personnel records relating to b. One year from date of personnel (1) job applications, resumes, or action t9 which record relates ex - other replies to job advertisements, sept 90 days for application forms including applications for tem. and other pre-employment records porary positions and records per. of applicants for temporary jobs raining to failure to hire. (2) pro- ' motion, demotion, transfer, selec. tion for training, layoff, recall, or discharge; (3) job orders submitted to employment agency or union: (4) teat papers in connection with employer -ad. ministered aptitude or other em- ployment test; (5) physical ex. amination results; ;6) job ad. vertisements or notices to em. ployees regarding openings, pro- motions. training programs, or opportunities for overtime work c. Employee benefit plans, written c. Period plan or system is in effect c. If plan or system is seniority or merit rating systems plus one year not in writing, sum- mary memorandum shall be kept 5. Vocational Re- (Federal contractors, subcontractor) Three years No particular form is habilitation Act For handicapped applicants and em- specified tare pp. 401:501, ployees. employment records and rec. 401:3034; ords regarding complaints and actions 401:3035) taken under the Act '(Federal 6. Vietnam Era contractors, subcontractors) a. One year after final payment under No particular form is Veteran's Read- a.Copies of reports made to state em- the contract (Note: These reporting specified justment Act ployment service regarding number of requirements were suspended effective (see pp. 401:521. individuals and veterans hired, and re- January 29. 1982; see 401:3005.1 401:3015) iated documentation such as personnel records respecting job openings, re- cruitment, acid placement L. Records regarding complaints and b. One year. actions taken under the Act Attachment C C-2 Modsied: Nov. 19, 1986 MAT O8.S2 Fair Employment Practices 10 0149-2683182/$W.50