01-22-2002 - Destruction of Documents as Prescribed by LawCity of West Covina
1
Memorandum
TO: Andrew G. Pasmant, City Manager
and City Council `
FROM: Janet Berry
City Clerk
SUBJECT: DESTRUCTION OF DOCUMENTS AS
PRESCRIBED BY LAW
AGENDA
ITEM NO. C-6d
DATE 1/22/02
SPRINTED ON RECYCLED PAPER
SUMMARY: The City Clerk's Office has accumulated a batch of City documents and materials
that are no longer necessary for retention or have been microfilmed. In
accordance with the provisions of state law, these materials may now be
destroyed.
DISCUSSION:
Government Code Requirements
There are documents that cannot be destroyed whether or not they are microfilmed or duplicated
in some other fashion and these are called permanent records. Permanent records are spelled out
in Government Code § 34090 as:
a) records affecting the title to real property or liens thereon,
b) court records,
c) records required to be kept by statute,
d) records less than two years old, and
e) the minutes, ordinances, or resolutions of the legislative body or of a city board or
commission.
These types of documents are never included on the City's list of documents for destruction.
Section 34090.5 of the Government Code specifies, conditions in which public documents,
papers, books, and materials may be destroyed.. The City's materials proposed for destruction
have met the conditions of the government code through either the microfilm program or the
retention period prescribed by law. The list is attached as EXHIBIT A to the resolution. The
City Attorney has reviewed the list and found it to be in conformance with the statutes of the
Government Code.
Non -records are records, materials, etc., that are not retained in the normal course of business,
such as:
* Records that contain no information of significant or lasting value such as
transmittal letters, acknowledgements, periodicals, and drafts.
* Duplicate copies.
As non -records are not retained in the normal course of business, they may be disposed of at any
time. However, if a non -record is retained as an integral part of a file or in conjunction with
original record, it shall be retained in accordance with the appropriate retention schedule.
Available for Review
By contacting the City Clerk's Office, any member of the public may peruse the materials
intended for destruction until February 8, 2002, after which time the materials will be destroyed.
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution.
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE
DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW
Janet Berry
City Clerk
Attachment: Resolution