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Anaheim, CA 92805
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CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF THE CITY ATTORNEY
DATE: JANUARY 23, 2024
FROM: OFFICES OF THE CITY ATTORNEY, CITY MANAGER, AND
CITY CLERK
SUBJECT: ORDINANCES AMENDING SECTION 1.11.050 AND CHAPTER
1.10 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
RETENTION OF ELECTRONIC RECORDS
[SECOND READING]
ATTACHMENT (Y/N): YES ITEM # 24
GOVERNMENT CODE § 84308 APPLIES: NO
RECOMMENDATION:
That the City Council adopt two ordinances:
1. An ordinance amending Section 1.11.050 of the Anaheim Municipal Code (“AMC”) to provide that the City will retain emails sent and received by any member of the City Council, support staff of the Mayor and City Council, the Executive Team, the Chief Communications Officer, and any other designated positions for a two year period on the City’s server, and will retain other emails for at least 90 days; and
2. An ordinance amending Chapter 1.10 of the AMC to be consistent with AMC Section 1.11.050 and current practices of records management.
DISCUSSION:
1. Amendment of AMC Section 1.11.050
At the September 26, 2023 Council meeting, staff was directed to increase the City’s electronic document retention period for Members of the City Council, support staff or contractors of the Mayor or City Council, the Executive Team of the City, the Chief Communications Officer, and any other positions designated by the City Manager or Executive Team (the “designated positions”), from ninety days to two years.
The attached ordinance (Attachment 1) implements the Council’s direction by increasing the retention period for all emails sent or received by the designated positions (whether or not deleted by the account holder) to two years. Once emails reach the two year retention mark, they will be automatically deleted from the user’s Outlook folder(s), unless they are saved by the user /account holder in accordance with the AMC or any other provision of law. In addition, the proposed ordinance increases the default retention period for all other email accounts managed within the City’s email servers to two years, unless the emails are discarded or deleted by the account holder because they are not required to be retained by law or the AMC, in which case the deleted emails will be retained for a period of 90 days on the City’s servers.
Ordinance Amending Chapter 1.10 and Section 1.11.050 of the Anaheim Municipal Code Relating to Records Retention January 23, 2024
2. Amendment of AMC Chapter 1.10
In implementing the Council’s direction related to the retention of emails discussed above, it became apparent that it was necessary to also amend AMC Chapter 1.10 (Records Management) to be consistent with both the Council-directed changes and modern retention protocols for electronic communications. Accordingly, staff is recommending that Chapter 1.10 of the AMC be amended (modernized) as set forth in the attached ordinance (Attachment 2). The proposed amendments, among other things, remove antiquated provisions and recognize that electronic storage of communications is both practical and necessary given the current prevalence of, and practice regarding, the use of electronic communications.
Administrative Regulations
The adoption of the two proposed ordinance required modifications to the City’s Administrative Regulations, specifically Administrative Regulation 155 - Information Services Technology User Policy (AR 155) and Administrative Regulation 410 – Use of Office Communication (AR 410).
Modifications to AR 155 expanded the default retention period for employees subject to the Sunshine Ordinance from 90 days to 24 months. In addition, to strengthen controls and capabilities for data retention and future searchability of email records, user accounts for this group would be enhanced with eDiscovery features through Microsoft Purview. The enhancement would allow Information Services to provide expanded amounts of information and data for electronic records preserved within the Microsoft ecosystem (Outlook, OneNote, OneDrive) while also enabling feature sets that would make searching through the records in a more efficient and effective manner.
Modifications to AR 410 would include a specific provision to require any member of the City Council, support staff or consultant/contractor of the Mayor or City Council, the Executive Team of the City, Chief Communications Officer, and any other as designated by the City Manager or Executive Team, to use City-issued phones only, for the purposes of conducting City business. Modifications would formally discourage the use of personal devices to conduct city business. Furthermore, devices used by this group would include additional governance and controls as follows:
- Device procurement and management, including provision of services and monthly billing would be through Information Services only. - Equipment would have MDM with expanded features that restrict certain actions, such as deletion/modification of accounts. MDM would also allow for the creation and access of data backups for the purpose of data recovery. - Only city-approved software may be installed.
Ordinance Amending Chapter 1.10 and Section 1.11.050 of the Anaheim Municipal Code Relating to Records Retention January 23, 2024
IMPACT ON BUDGET:
The proposed modifications to the AMC will strengthen controls and capabilities for electronic records preservation within the Microsoft system, while also enabling tools that would make searching through records more efficient and effective. The initial implementation costs associated with these changes is estimated at $50,000, with a recurring annual cost of approximately $6,700.
Respectfully submitted, Respectfully submitted,
Robert Fabela Jim Vanderpool
City Attorney City Manager
Respectfully submitted,
Theresa Bass
City Clerk
Attachments:
1. Ordinance (Section 1.11.050)
2. Redline of proposed changes to AMC Section 1.11.050
2. Ordinance (Chapter 1.10)
3. Redline of proposed changes to AMC Chapter 1.10
4. Administrative Regulation 155
5. Administrative Regulation 410