DATE: October 10, 2023
TO: Mayor and City Council
FROM: City Clerk and City Attorney
SUBJECT: Adopt a Resolution Accepting Modifications to the City of Hayward Records Retention Program (Policy and Schedule)
RECOMMENDATION
That the Council adopts a resolution (Attachment II) approving modifications to the City of Hayward Records Retention Program (Policy and Schedule).
SUMMARY
The City of Hayward Records Retention Program was adopted in 1993 and revised in 2003 to remain in compliance with federal, state, and local laws, and contractual requirements. The Program was developed into a City administrative rule (Administrative Rule 1.9) in 2011 and further revised in 2017. City staff now propose additional amendments to the Policy and Schedule as shown in Attachment III - Exhibit A and Exhibit B, which incorporates all previous changes to the Records Retention Program.
BACKGROUND
The City of Hayward Records Retention Program was adopted on March 29, 1993, by Resolution 93-071, to ensure that all records are retained in accordance with federal, state, and local laws, and contractual requirements. The Records Retention Program comprises a retention policy and a retention schedule. The policy includes the purpose, scope, definitions, and procedures for implementing the Records Retention Program. The schedule consists of a list of types of records maintained by each City department according to the length of time records must be retained to meet legal, fiscal, historical, and operational requirements and following statutory references. The Program enabled the use of a secure off-site storage facility where inactive records are maintained.
The Records Retention Program was revised on May 13, 2003, and adopted by Resolution 03-069. The amendments included organizational changes, updates to conform with the 1999 statute related to local government retention schedule guidelines, and information about the implementation of a document imaging system to facilitate retrieval and access to scanned records and archival of permanent records.
In 2011, the Records Management Committee comprised of the City Manager, City Attorney, Finance Director, and City Clerk, developed the Records Retention Program into a City administrative rule – Administrative Rule 1.9 - to ensure records are reviewed on an annual basis, every August, to remain in compliance with applicable laws and to apply efficient and economical methods to the maintenance, retention, and disposal of records. On August 9, 2011, the Program was revised to include further organizational changes, improve the presentation of information, and create forms to facilitate the purge of eligible records.
On March 16, 2017, Administrative Rule 1.9 – the City of Hayward Records Retention Program, was revised to include changes to the schedule component of the program as well as formatting improvements to the forms to make them user friendly.
In 2022, City staff surveyed various departments for the need to update the City’s Record Retention Program and began the update process to ensure compliance with new laws and streamline City processes. After a year-long process, City staff now brings this latest update of the Records Retention Program to the Council for approval. As part of the Records Retention Program (Administrative Rule 1.9), City staff strives to review the City’s records every year to ensure availability of records for inspection and duplication as required by the California Public Records Act (Government Code 6250-6270), as well as disposal of eligible records in accordance with applicable statutes. Most City records are retained in accordance with the minimum time periods set forth in Government Code section 3400 et seq., after which time records found to be no longer required may be purged upon the written approval of the City Attorney. Additionally, any original copy of City record may be destroyed prior to the minimum retention period if it has been electronically reproduced and the resulting reproduction is retained in accordance with the City-wide Document Imaging Policy and Procedures). Duplicates of original City records may be purged if the original is appropriately retained.
Proposed Records Retention Program amendments (Attachment III) include changes to the 1) Policy (Exhibit A) and 2) Schedule (Exhibit B) as follows:
Records Retention Policy
City Manager, City Attorney, Finance Director, and City Clerk (Page 5 in Attachment III): City staff recommend modifying the section below by adding the Information Technology Director to the members of the Records Management Committee to review and/or propose recommendations related to digital records.
City Manager, City Attorney, Finance Director, and City Attorney: City Manager, City Attorney, Finance Director, and City Attorney (or their designees) will be members of the Records Management Committee. This committee will be an ongoing committee and will be responsible for the following: Coordinate and review recommendations to this policy and present them to the City Council for approval; Annually review of inventory of records at secured storage and evaluate the service provided by the secured storage company, data storage.
Records Retention Schedule (Attachment III – Exhibit B) Citywide Administrative Records Section (page 4): Amend preferred retention of Electronic Email and include other forms of electronic written communication and Zoom/MS Teams Video.
City Attorney Section (page 7): Move Rent Review section from City Attorney to Development Services/Housing.
City Clerk (page 12): Modify reference to audio and video tapes with current technology and applicable legal retention and reference.
City Clerk (page 13): Add Prop 218 Protest Letters to list of records with applicable legal retention and reference.
City Manager (page 16): Delete Housing from Redevelopment & Housing title.
City Manager (pages 17, 18): Delete Housing related content and move modified content to Development Services/Housing section.
City Manager (page 15): Update legal reference for Community Development Block Grant Small Business Revolving Loan Fund Files.
City Manager (pages 18, 19, 20): Move Community Services section from the Library to City Manager.
Development Services (pages 22, 23): Move Housing Division section from City Manager to Development Services.
Development Services (pages 23, 24, 25): Modify department preferred retention for Administrative Files (Tree Removal & Pruning Permit) and Applicant/Owner Cards; and add DF (Digital Files) reference to Administrative Files, Annexation, Applicant/Owner Cards, Certificate of Compliance, Certificate of Merger, Certificate of Final Acceptance, Development Projects, Encroachment Permits, Environmental Impact Reports, General and Neighborhood Plans, General Information, Intergovernmental Referrals, Landscape Plans, Lot Line Adjustment, Project Files, Sign Permits, Street Cards, Tentative Tract/Parcel Map, Tract Files, and Water and Sewer Agreement.
Information Technology (page 43): Add GovQA, Primary Care, and VEOCI to list of databases, and modify social media legal retention.
Library (pages 44, 45, 46): Remove items related to Community Services.
Police (page 56): Under Patrol section, replace Body Camera Videos with Police Video Recording and Non-Evidentiary Data Police Video Recording and add applicable legal retention and reference.
STRATEGIC ROADMAP
This agenda item is a routine operational item and does not relate to one of the priorities outlined in the Council’s Strategic Roadmap.
FISCAL IMPACT
There is no fiscal impact associated with this report.
PUBLIC CONTACT
The agenda was posted according to Brown Act regulations.
NEXT STEPS
Should the Council approve the proposed amendments, Administrative Rule 9.1 will be updated accordingly and distributed to Department Record Coordinators.
Prepared and Recommended by: Miriam Lens, City Clerk
Michael Lawson, City Attorney
Vadim Sidelnikov, Deputy City Attorney II
Approved by:
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Kelly McAdoo, City Manager