HomeMy WebLinkAbout80-13 - adopting records management program10
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RESOLUTION NO. 80-13
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF UKIAH ADOPTING A
RECORDS MANAGEMENT PROGRAM
WHEREAS, the City of Ukiah must provide for the
proper and efficient management of the City's public
records
NOW, THEREFORE, BE IT RESOLVED that the attached
Exhibit "A" constitutes the rules and regulations for
the City's Records Management Program.
BE IT FURTHER RESOLVED that all resolutions in conflict
herewith are hereby repealed.
PASSED AND ADOPTED this 5th day of September ,
1979, by the following roll call vote:
AYES:Councilmembers Hickey, Myers, Simpson, Brannon, Mayor Snyder
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~, NOES: None
i ABSENT: None
ATTEST:
Ma [
City Clerk
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EXHIBIT "A"
September 1979
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RECORDS MANAGEMENT REGULATIONS
1. Definitions
a) CITY means the City of Ukiah
b) CITY CLERK means the City Clerk or the designated
representative of the City Clerk of the City of Ukiah.
c) DISPOSITION means the allocation of public records
to a particular location according to their categorization,
or for destruction.
d) PUBLIC RECORD means any writing, regardless of
physical form or characteristics, which is created, owned,
used, maintained, or retained in the conduct of city business
and preserved as evidence of the organization, functions,
policies, decisions, procedures, operations, or other
activities, or because of the informational value of data
contained therein. "Public record" does not include the
records and files of the City Attorney customarily maintained
in his office and those certain records which are not retained
by the City in the ordinary course of business. Such exempt
records include, but are not limited to, preliminary drafts,
notes, inter-agency or intra-agency memoranda, messages
and notes customarily discarded, confidential communications
from the City Attorney, stenographic notes, tapes used in
transcription, and rough drafts, or other records exempt from
disclosure by Section 6254 of the Government Code.
e) RECORDS CENTER means central repository for housing
27 ~ all inactive records until they have met their specific
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retention requirements, or other records which are stored and
preserved from destruction due to legal, operating or his-
torical reasons.
f) RECORDS MANAGEMENT means the systematic control of the
creation, acquisition, processing, use, protection, storage,
and final disposition of all public records, including the
establishment and maintenance of a system of filing and index-
ing public records.
g) RETENTION SCHEDULE means the document describing
7 records maintained by city departments. In accordance with
$ i statutory requirements or evaluation, the retention schedule
9 ::i specified the period of time established which must elapse
lO :~ before records may be destroyed.
h) WRITING means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording
upon any form of communication or representation, including
letters, words pictures, sounds, or symbols, or combination
thereof, and all papers, maps,magneti~ or paper tapes, photo-
graphic films and prints, magnetic, or punched cards, discs,
~7 ~ drums, and other documents.
~8 ~ 2. Ownership of Public Records
Ail public records shall be the property of the City;
and, in this regard such records shall be delivered by out-
going officials and employees to their successors.
3. Withholding Records from Inspection
The City may justify withholding any record by demonstra-
ting that the record in question is exempt under applicable
provisions of the California Government Code, or, by demonstra-'
26 . ting that on the facts of the particular case, the public
27 interest served by not making the record public clearly out-
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28 i weighs the public interest served by disclosure of the record.
29 4. Inspection of public records
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Every person shall have the reight to inspect any public
record, at reasonable times, and in compliance with reason-
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able administrative procedures, except that all records in each
and every category enumerated in Government Code Section 6254,
as now or hereafter amended, shall be exempt from disclosure
pursuant hereto.
Nothing in this section is to be construed as preventing
the City from opening its records concerning the administration
of the City to public inspection, unless disclosure is other-
wise prohibited by law.
5. Responsibilities
a) CITY COUNCIL. The responsibility for the keeping and
management of the public records of the City shall rest with
the City Council.
b) OFFICERS AND EMPLOYEES. It shall be the duty of each
officer and employee of the City to protect, preserve, store,
transfer, use and manage public records only in accordance
with applicable federal, state or local law, or such rules as
may be promulgated or approved by the City Council.
c) CITY CLERK. It shall be the duty of the City Clerk to
coordinate the Records Management program for the City. In
this regard, the City Clerk may, among all other things that
may be required for the proper and efficient management of the
public records of the City:
1) Develop and circulate such instructions and
regulations as may be necessary and proper to implement
and maintain the Records Management program;
2) Advise and assist City departments in the prepara-
tion of records inventory and retention schedules;
3) Provide and maintain a Records Center, to house
records no longer required in active office areas
but which records require further retention due to
legal, operating or historical reasons, and maintain
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an index to all records stored in the Center;
4) Advise and assist City departments in reviewing
and selecting material to be transferred to the
Records Center for preservation;
5) Advise and assist, as the City Clerk deems necessary,
City departments in conducting surveys, studies and
investigations as will assist in promoting a proper
and efficient Records Management program for the City
of Ukiah, including information retrieval systems.
6) Submit records retention schedules which affect
the destruction of records to the City Council for
approval;
7) Develop procedures for the protection of City
records against natural or other disasters.
d) DESTRUCTION OF PUBLIC RECORDS. The City Council may,
by approving the records retention schedules, grant to the
City Clerk the authority to destroy duplicate records less than
two years old if they are no longer required in accordance with
the retention periods established in the schedules. Requests
20 ii for the destruction of original records, without making a copy
21 i! thereof and in accordance with established retention schedules,
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shall be fc. rwarded to the City Attorney for his written consent
and to the City Council for its approval as provided by the
provisions of the California Government Code governing munici-
palities. This section does not authorize the destruction of
original records of:
1) Records affecting the title to real property of
liens thereon;
2) Court records;
3) Records required to be kept by statute;
4) Records less than two years old;
5) The minutes, ordinances, or resolutions of the
City Council or of a City board or commission.
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This section shall not be construed as limiting or qualify-
ing in any manner the authority provided in Section E herein-
after provided for the destruction of records, documents, instru
ments, books and papers in accordance with the procedure therein
prescribed.
e) CONDITIONS OF DESTRUCTION. Notwithstanding the pro-
visions hereinafter described, the City Clerk who has custody
of public records, documents, instruments, books, and
papers, may, without the approval of the City Council or the
written consent of the City Attorney, cause to be destroyed
any or all of such records, documents, instruments, books and
papers, if all the following conditions are met:
1) The record, paper, or document is photographed,
microphotographed, or reproduced on film of a type
approved for permanent photographic records by the
National Bureau of Standards;
2) The device used to reproduce such record, paper or
document on film is one which accurately and legibly
reproduces the original thereof in all details;
3) The photographs, microphotographs, or other
reproductions on film are made as accessible for
public reference as the book records were;
4) A true copy of archival quality of such film
reproductions shall be kept in a safe and separate
place for security purposes provided, however,
that no page of any record, paper or document shall be
destroyed if any such page cannot be reproduced on
film with full legibility. Every such unreproducible
page shall be permanently preserved in a manner that
will afford easy reference.
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