HomeMy WebLinkAbout14 ADOPTION OF A REVISED CITYWIDE RECORDS RETENTION SCHEDULE AND EMAIL POLICYMEETING DATE:
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AGENDA REPORT
DECEMBER 19, 2017
JEFFREY C. PARKER, CITY MANAGER
Agenda Item 14
Reviewed:
City Manager
Finance Director N/A
ERICA N. RABE, CITY CLERK AND DAVID E. KENDIG, CITY
ATTORNEY
ADOPTION OF A REVISED CITYWIDE RECORDS RETENTION
SCHEDULE AND E-MAIL POLICY
Staff is proposing the adoption of a revised Records Management Program, specifically
its Records Retention Schedule, and adoption of the City's E-mail Policy.
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 17-51, amending the City's Records Retention Schedule;
and
2. Adopt the City's E-mail Policy with an effective date of April 1, 2018.
FISCAL IMPACT:
There is no immediate fiscal impact with the adoption of this item, however future
savings in both labor and storage costs will occur due to the ability to digitize more
records and reduce storage of the originals.
CORRELATION TO THE STRATEGIC PLAN:
Adoption of the revised Records Management Program contributes to the implementation
of Goal E: Organizational Excellence and Customer Service.
BACKGROUND:
Records Retention Schedule:
The City initially adopted a Records Management Program in 2001 and, to date, the
schedule has not been revised. Earlier this year, the City selected Gladwell
Governmental Services, Inc. to draft a revision to the current program. A revision is
necessary to reduce current and future records storage costs, eliminate duplication of
Agenda Report: Citywide Records Retention Schedule and E -Mail Policy
December 19, 2017
Page 2 of 3
efforts amongst various departments, increase efficiency, utilize current technology and
comply with current law.
The proposed Records Retention Schedule was prepared with key representatives from
all departments. The schedule provides clear, specific records descriptions and
retention periods, and applies current law, and technology to the management of the
City's records. Due to changes in duties amongst the departments, the schedule is
updated to clearly identify the responsible department for maintaining the original record
and establishes clear retention periods for different categories of records in accordance
with state law.
It is standard practice for California cities to authorize the routine destruction of records
that have exceeded their adopted retention period, upon request of the Department
Head and with the consent in writing of the City Clerk and City Attorney, which is
outlined in Section 2 of Resolution No. 17-51.
It is also standard practice for California cities to authorize updates to the schedule
without further action of the City Council; however, staff is recommending that a more
conservative approach: delegating authority to adopt only minor updates. Section 3
states: "Minor updates include changes in Department or Division names,
improvements in descriptions, changes in comments, deleting records series that are no
longer applicable, and/or what is scanned. Changes in the Total Retention and/or
adding new records series must be presented to the City Council of the City of Tustin
prior to taking effect."
E-mail Policy:
In conjunction with the adoption of the revised Records Retention Schedule, staff is
proposing adoption of an E-mail policy regarding the use and retention of emails, texts
messages, and similar electronic communication.
In an opinion issued earlier this year the California Supreme Court held that emails
communicating about City business are public records even if they are created and
retained only in private accounts and on private devices. This holding presents
significant logistical issues for the City staff when responding to Public Records Act
requests that seek communications about City business that may be retained in
personal email accounts or on cell phones or other personal devices.
As a result, the proposed policy would prohibit the use of personal email accounts and
personal text messaging and voicemail accounts to conduct City business. In lieu of
using personal devices and accounts, a City email account will be utilized for City -
related emails, and the City's Information Technology Division will assign a City-
Agenda Report: Citywide Records Retention Schedule and E -Mail Policy
December 19, 2017
Page 3 of 3
accessible phone number. for use for text messages and voicemails related to City
business.
The City Clerk and City Attorney are available to address any questions you may have
about the proposed policies.
Attachments:
Attachment A: Resolution No. 17-51, Citywide Records Retention Schedule
Attachment B: Draft E -Mail Policy