CITY OF RIALTO
ELECTRONIC RECORDS RETENTION AND DESTRUCTION POLICY
SECTION 1. Purpose. This policy establishes standards for electronic records on any of the City of Rialto information technology systems maintained by the Information Technology Division of the City of Rialto.
SECTION 2. Definition of a Public Record. The California Public Records Act (CPRA) defines “public record” to include “any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.” Public records are defined by their content, not their media, format or location. They may be in the form of emails, voicemails, texts, instant messages, social media posts, metadata, or other electronic formats. Public records may be contained in a public official or employee’s personal account or on their personal electronic device.
SECTION 3. Definition of a Non-Record. Documents and other materials (including originals and duplicates) that are not otherwise required to be retained, are not necessary to the functioning or continuity of the City, and which have no legal significance are not considered public records. Examples include materials and documents generated purely for the convenience of the person generating them, draft documents which have been superseded by subsequent versions or rendered moot, and duplicate copies of records that are no longer needed. Additionally, transitory communications that are temporary or of brief duration and not intended to be retained in the ordinary course of business, and of which the information or content is neither necessary nor intended to be preserved for future City use or reference are not public records subject to disclosure.
SECTION 4. Retention of Public Records. All public records shall be retained in compliance with the City of Rialto Record Retention Schedule.
SECTION 5. Retention and Destruction of Electronic Records. Each individual user shall be responsible for determining whether a writing, document, or communication is a public record or non-record, and then take appropriate steps to preserve or delete it. The City’s rules regarding specific types of electronic records are below. Electronic records not within any of the categories below shall be retained in compliance with the City of Rialto Record Retention Schedule.
Email. The City’s email server is not intended for use as permanent or long term document storage. Emails shall not be kept, either electronically or in hard copy, unless retention is required by law or where retention would serve a useful purpose for the City.
All emails identified as public records shall be kept pursuant to the appropriate retention period for that category of document as set forth in the City’s Record Retention Schedule.
All emails identified as non-records shall be deleted by the user.
City Information Technology staff shall delete emails in a user’s inbox or sent folder that are not identified and preserved as public records pursuant to the following schedule:
Beginning July 12, 2022, the retention shall be two (2) years.
Beginning July 1, 2024, the retention shall be one (1) year.
Beginning July 1, 2025, the retention shall be 90 days.
Voicemail. Voicemail is considered transitory communication and shall be deleted and destroyed every thirty (30) days.
Text Messages. Text messages shall not be used for official City business. The City considers text messages and instant messages as transitory communication that shall be deleted every thirty (30) days. If a user receives a text or instant message that is a public record, it is the user’s responsibility to segregate and save the message as required for that category of record in the City of Rialto Record Retention Schedule.
Instant Messaging (Zoom/Microsoft Teams). Except where implemented as a program (such as a Call Center), the City considers instant messages as transitory communication that shall be deleted every six (6) months. If a user receives an instant message that is a public record, it is the user’s responsibility to segregate and save the message as required for that category of record in the City of Rialto Records Retention Schedule.
Internet Browser History. A user’s web browser history is primarily considered transitory communication, however, certain elements within the browsing history pertain to security and identification of threats to the City. As such, internet browser history shall be deleted every six (6) months.
SECTION 6. Procedure for Producing Public Records Stored on Private Electronic Devices or Accounts. The City must use reasonable effort to disclose all records it can locate. In general, the scope of the City’s search need only be reasonably calculated to locate responsive documents. Once the City receives a CPRA request, it will communicate the request to the employees or officials to search their own personal files, account and devices for responsive material. The employee or official will then provide responsive documents, as well as an affidavit that the documents produced are all responsive documents to the City Clerk. The affidavit should describe the extent of the search and, if personal records have been withheld, provide sufficient facts to show those records are not public records and therefore not responsive.
SECTION 7. Archive. Automated archiving on the email system will not be activated or allowed. A designated archive area will be established by the Information Technology Division on the City network and employees wishing to store email there are currently limited to a space not to exceed 500 mb in size. Records subject to the City of Rialto Record Retention Schedule should be maintained and saved accordingly and not in the email system. Archived emails should be working documents that do not need to be maintained in accordance with the City of Rialto Record Retention Policy. aPPROVED: jULY 12, 2022 | aPPROVED: jULY 12, 2022 | aPPROVED: jULY 12, 2022 |
aPPROVED: jULY 12, 2022 |