HomeMy WebLinkAboutCC 5 DEST OF RECORDS 08-04-80DATE:
TO:
FROH:
SUBJECT: ·
July 28, 1980
- CONSENT C.~ T .~'DAR
Inter-Corn %
Mayor and City Council
Roy Gonzales, Personnel Director:~//t
Resolution Approving Destruction of
Certain Personnel Records
The purpose in presenting this resolution is to allow for destruction
of applications and testing materials for recruitments which have
been closed for over two years. These files currently occupy a signi-
ficant portion of Personnel's recordskeeping space, and serve no contin-
ual purpose.
In destroying these records, Personnel will maintain a statistical
summary, all relevant correspondence and copies of tests and selection
materials for each recruitment. Only the applications and attached
materials will be discarded. Since these records form the major
portion of each file, however, there will be a major reduction in the
amount of space needed for storage.
This action is being pursued in lieu of purchasing an additional file
cabinet for storage space, and in order to allow the Personnel Depart-
ment to maintain a wider range of working files from the past recruit-
ments.
RPG/kaf
DAVE:
[J~!y lO,
TO:
FROM:
SUBJECT:
~ ~,R~ON.,,_L Di~,PARTMENF
ROY GONZALES,
5AMffS G. ROURKE, CITY ATTORNEY
DEST2IUCTION OF CERTAIN P~.&SONNEL RECORDS.
This office has considered the qdestion of whether the Personnel Depart-
~nent may destroy ' -~ "
errpm}~,ent applications and testing materials aiter they are
one )'ear old.
Government Code Section 3g090 provides in applicable part as follows:
"Unless otherwise provided by law, with the approval of
the legislative body by resolution and the written consent
of the City Attorney the head of the City Department
may destroy any record, document, ins(rument, book or
paper, under his charge~ without making a copy thereof,
after the same is no lo,.o~:r required.
This section does not authorize theoes~ruct~on' ' ' of:
· ·. (d) Records less than two years old.
Thus, pursuant to Govermnent Code Section 3g090 the Personnel Depart-
ment is required to maintain applications and testing materials £or two years. It
may be noted that Government Code Section 3~090.5 permits the destruction of
these records if the City places the records on microfilm as a replacement
permanent record.
Roster and payroll records are required by Section I# of the Tustin
Personnel Rules and Regulations to be retained permanently.
We have prepared form of proposed re}olution that could be submitted to
the City Council.
Please review and advise.
3GR:se:D:7/10/g0
IC RG/Per Rec D:6
Enclosure
D.B., w/encl.
Mary Wynn, w/orig, encl.
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RESOLUTION NO~ 80- 82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING DESTRUCTION
OF CERTAIN PERSONNEL RECORDS.
\VHEREAS, except [or records affecting title to real property or liens
thereon, court records, records required to be kept by statute, records less than
two years old and the minutes, ordinances, or resolutions of the City Council and
other City boards or commissions, Government Code Section 3t~090 authorizes the
head of a city department to destroy any city record, document, instrument, book
or paper, under his charge, without making a copy thereof, after the same is no
longer required, with the approval of the City Council by resolution and the written
consent of the City Attorney; and
\VHEREAS, the Council, upon the request of the Personnel Director, desires
to approve immediate destruction o[ certain personnel records, to-wit, employment
applications and testing materials, each of which are not less than two (2) years
old; and
WHEREAS, the City Attorney of the City of Tustin has filed his written
consent with the Clerk of the Council of the City of Tustin;
NO\V, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Tustin:
Pursuant to Section 34090 et. seq. of the Government Code o~ the State of
California, approval is hereby granted for the immediate destruction of the items
listed below which, as of 2anuary 1, 1950, have been retained for a minimum of two
(2) years:
Applications for employment and testing materials.
PASSED AND ADOPTED at a regular meeting of the City Council, City of
Tustin, held on the day of , 1980.
ATTESTS: M AY OR
CITY CLERK
~1. CONSENT OF CITY ATTORNEY
I~ I, the undersigned~ ~IAMES G. ROURKE, City Attorney of the City of
~ Tustin~ California~ do hereby consent to the destruction of the materials as
4 described above.
15 DATED: __, 1980.
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3GR:se:D:7/10/80
3GR:se:R:7/16/80
T/3RES Rec Ret D:6
3AMES G. ROURKE
City Attorney