RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIALTO, CALIFORNIA ESTABLISHING RETENTION AND DESTRUCTION STANDARDS FOR ELECTRONIC RECORDS ON ANY OF THE CITY OF RIALTO EMAIL OR INFORMATION TECHNOLOGY SYSTEMS MAINTAINED BY THE INFORMATION TECHNOLOGY DIVISION WHEREAS, the City of Rialto (“City”) is committed to managing its email records according to best practices to ensure business, audit, legal, historical and regulatory requirements are met; and WHEREAS, California Government Code Section 34090 et seq. sets forth minimum requirements for city record retention and destruction; and WHEREAS, Record Retention Schedules are not static and schedules must continually be updated as business processes, legal requirements and regulatory changes dictate; and, WHEREAS, City staff has identified a reasonable and repeatable electronic records retention review process.
THEREFORE, BE IT RESOLVED by the City Council of the City of Rialto as follows:
SECTION 1. The City Council hereby authorizes the following actions:
On September 30, 2022 email records of the City of Rialto older than five years, shall be destroyed as provided in section 34090 et seq. of the California Government Code without further action of the City Council; and Adopts a policy, attached hereto as Exhibit “A”, establishing standards and procedures for retention and destruction of electronic records contained in all information technology systems maintained by the Information Technology Division of the City of Rialto.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.
SECTION 3. This Resolution shall become effective immediately upon adoption. \\\\\
PASSED, APPROVED AND ADOPTED this 12th day of July, 2022. ____________________________________
DEBORAH ROBERTSON, Mayor
ATTEST:
____________________________________
BARBARA McGEE, City Clerk
APPROVED AS TO FORM:
______________________________
ERIC S. VAIL, City Attorney
Burke, Williams & Sorensen, LLP
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RIALTO )
I, Barbara McGee, City Clerk of the City of Rialto, do hereby certify that the foregoing Resolution No. was duly passed and adopted at a regular meeting of the City Council of the City of Rialto held on the 12th day of July, 2022.
Upon motion of Councilmember , seconded by Councilmember , the foregoing Resolution No. was duly passed and adopted.
Vote on the motion:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of Rialto this day of July, 2022. ______________________________________
BARBARA A. McGEE, City Clerk
EXHIBIT A
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