CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
10/28/2024
1 SUBJECT:
Repeal and Replace Administrative Policy No. 8: Records and Information Management Program Policy, to Update References to Public Records Act and Revise Policy Section 4.15 and other Minor Edits and to Revise the Records Retention Schedule to Amend Retention Periods and other Changes Relating to Police Services Records.
RECOMMENDED ACTION:
Move to adopt the attached resolution Repealing and Replacing Administrative Policy No. 8:
Records and Information Management Program Policy, to update references to Public Records Act and revise Policy Section 4.15 to Confirm the City Manager is Authorized to Amend the Retention Schedules and other minor edits and to revise the Records Retention Schedule to amend Retention Periods and Make Other Changes relating to Retention of Police Services Records.
STAFF CONTACT:
Sarah Coffey, City Clerk
(650) 738-7307
[email protected]
Maria Sarasua, Police Chief
(650) 738-7314
[email protected]
BACKGROUND:
On November 9, 2020, the City Council repealed and replaced the existing Administrative Policy No. 8 to adopt a new city-wide Records and Information Management Program Policy to ensure efficient and effective municipal records management (“Policy”). The new Policy included a Records Retention Schedule which replaced the “Records and Tape Recording Retention, Storage, and Destruction” policy, which was established in 1981. The more comprehensive and city-wide Policy (See Exhibit A) was intended to comply with State and Federal record retention requirements and aid City staff in defining and managing the City’s records.
DISCUSSION:
In implementing the Policy, the Police Department recognized that certain retention periods for body worn camera video and other Police records in the Records Retention Schedule needed to be amended to conform to legal requirements as well as the industry standards for maintaining police records and/or to clarify the retention period. For example, the current retention periods in the Records Retention Schedule do not identify the different types of incidents where body worn camera video would be retained and does not identify any retention period for dashboard camera video.
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October 28, 2024
Below is a summary of some of the proposed changes but the complete list of proposed amendments are attached in Exhibit B.
Record Original Retention Period Proposed Amendment to
Retention Period
Internal Affairs/investigations AC (After Completion/Closure) + 5 years
EY (Event Year) +5 years for
not sustained findings; and
EY+15 for sustained findings
Use of Force Reports CY (Current Year) +5 years EY +5 for not sustained determinations; and EY + 15
for sustained findings
Body Worn Camera and/or
Dashboard Camera VideoIncident with no detention
Not Specified 2 years
Body Worn Camera and/or
Dashboard Camera VideoFelonies Permanent
Not Specified P (Permanent)
Complaints (i.e., Form
completed by citizen alleging
officer misconduct or
wrongdoing and subject to
formal investigation)
Not Specified EY +5 for not sustained
complaints; and EY +15 for
sustained complaints
In addition to the foregoing proposed amendments to the Records Retention Schedule, staff is also requesting an amendment to Policy section 4.15 to confirm that the Records Retention Schedule can be amended by the City Manager.
When the Council approved the Policy on November 9, 2020, the Staff Report and Resolution reflect an intent to authorize the City Manager to approve amendments to the Records Retention Schedule attached to and referenced in the Policy. However, any amendments to the Policy would need to be amended by the Council. Unfortunately, Policy section 4.15 included a statement “…’Record Retention Schedules’, and any amendments or updates, are approved by City Council resolution”, which conflicts with Policy section 5.2 which stated that the City Manager approved the amendments to the Record Retention Schedules. As a result of these conflicting Policies, staff is requesting that the Council amend Policy section 4.15 to delete the reference to City Council approval and add the City Manager as approving any amendments or updates to the Record Retention Schedules. (See Exhibit B).
Additionally, proposed amendments to references in the Policy and in the Record Retention Schedules were made to Government Code references to the California Public Records Act (CPRA) as a result of the recodification of the California Public Records Act pursuant to the CPRA Recodification Act of 2021, which took effect January 1, 2023. The provisions of the California Public Records Act via Assembly Bills 473 and 474, which were passed and approved by the Governor in 2021, reorganizes the CPRA from Government Code sections 6250 – 6276.48 to Government Code sections commencing with Section 7920.000.
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October 28, 2024
If Council adopts the proposed amendments to the Policy and Retention Schedules, the revised Policy and Record Retention Schedules will go into effect immediately.
ALTERNATIVE ACTION:
Deny the proposed amendment and provide further direction to staff.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“Stewardship of City Infrastructure” - The creation of a new city-wide Records Information Management Program Policy plays a part in context to the Civic Center’s plans for remediation of conditions at the Civic Center facilities. The Records Retention Schedule will allow records to be periodically purged when appropriate, freeing up the volume of paperwork that has accumulated over years of normal business practices.
FISCAL IMPACT:
No significant fiscal impact is anticipated with this amendment.
ORIGINATED BY:
City Clerk
Police
ATTACHMENT LIST:
Attachment A - Proposed Amendments to Records Retention Policy and Schedule (Clean CopyPDF) (PDF) Exhibit B – Proposed Amendments to Records Retention Schedule -10-00-00 Police Services and Proposed Amendment to Policy Section 4.15 (Clean Redline Copy-PDF) (PDF) Pacifica City Council 4
October 28, 2024
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING ADMINISTRATIVE POLICY NO. 8: RECORDS AND INFORMATION
MANAGEMENT PROGRAM POLICY TO UPDATE REFERENCES TO THE PUBLIC RECORDS ACT AND REVISE POLICY SECTION 4.15 TO CONFIRM CITY MANAGER IS
AUTHORIZED TO AMEND RETENTION SCHEDULES AND OTHER MINOR EDITS AND TO
REVISE THE RECORDS RETENTION SCHEDULE TO AMEND THE RETENTION PERIODS
AND MAKE OTHER CHANGES RELATING TO RETENTION OF POLICE SERVICES
RECORDS
WHEREAS, Section 34090, et seq., of the Government Code of the State of California provides a procedure whereby a city record which has served its purpose and is no longer required may be destroyed as long as the destruction record will not interfere with the services and functions of the City’s Departments; and
WHEREAS, the keeping of certain City records is not necessary after a certain period of time for the effective and efficient operation of the City Clerk, City Manager, Finance, Human Resources, Planning, Public Works, Parks, Beaches, and Recreation, Wastewater, and Police Departments; and
WHEREAS, on November 9, 2020, the City Council replaced the City of Pacifica Administrative Policy No. 8 established in October 1981 with the “Records and Information Management Program Policy” and associated Records Retention Schedule, which established guidelines for the retention, storage, and destruction of City records; and WHEREAS, the adoption and implementation of this retention schedule and Records and Information Management Policy (“Policy”) is an important risk management measure expected to create efficiency, conserve resources, and reduce costs; and WHEREAS, certain revisions to Policy section 4.15 to confirm that the City Manager is authorized to amend the Records Retention Schedule and certain revisions to the Records Retention Schedule relating to 10-00-00, Police Services have been identified as necessary.
NOW, THEREFORE, be it resolved by the City Council resolves as follows:
Section 1: Administrative Policy No. 8, “Records and Information Management Program Policy” and associated Records Retention Schedule is hereby repealed and replaced as set forth in Attachment A, attached hereto and hereinafter incorporated by reference.
Section 2: This Resolution does not authorize the destruction of records required to be retained by statute.
Section 3: With the consent of the City Clerk, City Manager, and City Attorney, updates are hereby authorized to be made to the Records Retention Schedule without further action by City Council.
Section 4: The Resolution shall become effective immediately upon passage and adoption.
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• • • • •
PASSED AND ADOPTED at a special and regular meeting of the City Council of the City of Pacifica, California, held on this 28th day of October 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney Pacifica City Council 6
October 28, 2024
ATTACHMENT A