ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTION
1.11.050 (EMAIL RETENTION) OF CHAPTER 1.11 (SUNSHINE
PROVISIONS) OF THE ANAHEIM MUNICIPAL CODE TO INCREASE
THE EMAIL RETENTION PERIOD
WHEREAS, in 2017, the City adopted a “Sunshine Ordinance” to increase transparency in City government; and
WHEREAS, the Sunshine Ordinance, among other things, set the electronic retention period for emails of certain City employees, and
WHEREAS, the City now desires to increase the retention period for all emails of members of the City Council, their staff, members of the City’s Executive team and other designated positions to two years, and to increase the retention period for emails of other City employees for at least 90 days provided those emails are not legally required to be kept for a longer period.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Anaheim Municipal Code 1.11.050 is hereby amended to read in full as follows:
1.11.050 EMAIL RETENTION.
All emails sent and received by i) any member of the City Council, ii) staff or contract staff of the Mayor or City Council, iii) the Executive Team of the City, or iv) the City’s Chief Communication Officer or any other position designated by the City Manager or a member of the City Executive Team, shall be retained on the City's servers for two (2) years. Emails sent to and received from other City email accounts will also be kept for a period of two years, with the exception of emails deleted by the account holder because they are not required to be preserved by law or Chapter 1.10 of the Anaheim Municipal Code. Such deleted emails shall be retained on the City’s servers for ninety (90) days.
SECTION 2.
The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
SECTION 3.
The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
SECTION 4.
This ordinance shall take effect and be in full force thirty (30) days from and after its final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2024, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2024, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By: ____________________________________
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM