____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: _______________________
Disposition: ___________________________
Agenda Item No: 2.d
Meeting Date: May 4, 2026
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________ TOPIC: CITYWIDE RECORDS MANAGEMENT PROGRAM
SUBJECT: RESOLUTION ADOPTING A RECORDS MANAGEMENT PROGRAM POLICY; AND
RESOLUTION DECLARING LASERFICHE AS A TRUSTED SYSTEM FOR THE
MANAGEMENT OF RECORDS AND THE AUTOMATION OF RETENTION
REQUIREMENTS
RECOMMENDATION:
Staff recommends that the City Council adopt the attached resolutions:
1. Resolution adopting a Records Management Program Policy
2. Resolution Declaring Laserfiche as a Trusted System for the Management of Records and the Automation of Retention Requirements
BACKGROUND:
In 2015, the City implemented Laserfiche as its electronic document management system. The Laserfiche Repository not only makes records more accessible to the public and staff, but it also protects and preserves the City’s permanent records.
On March 16, 2026, the City Council adopted Resolution 15524, establishing a Citywide Records Retention Schedule. This schedule identifies the various categories of City records and the minimum length of time each record must be retained. Pursuant to state law and the adopted retention schedule, certain records may be destroyed after they have been properly retained or, when authorized, reproduced as electronic records.
California Government Code section 34090 et seq. establishes the framework for the retention and destruction of local agency records. Government Code section 34090.5 further authorizes the destruction of original records after they have been reproduced as a copy within a “trusted system.” Government Code section 12168.7 defines a “trusted system” as a combination of technologies, policies, and procedures that ensure records remain accurate, reliable, and unaltered.
The Secretary of State has also adopted regulations governing Trustworthy Electronic Document or Record Preservation, which establish requirements for maintaining records in electronic format where the original may be destroyed.
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The adoption of this Records Management Program Policy, the previously adopted City-Wide Records Retention Schedule, and the resolution declaring a Trusted System represents a major step forward in modernizing San Rafael’s information governance and transparency practices. These actions directly support the City’s Three-Year Strategic Plan, specifically Section F.2.1, which calls for evaluating, identifying, and implementing technology solutions that streamline and improve internal and external processes, including records and information management, by positioning the City to qualify as a Staterecognized “Trusted System.” This designation will enable the City to securely digitize and manage official records, reduce paper dependence, destroy paper, deem the electronic record as the original, and improve access for staff and the public.
ANALYSIS:
As the City moves its Laserfiche repository from an on-site server to the Cloud, the City Council needs to declare Laserfiche a Trusted System. As previously stated, a Trusted System is “a combination of technologies, policies, and procedures.” The City Clerk’s Office worked to establish that these elements are all included in the City’s Trusted System.
1. Records Management Program Policy
The proposed Records Management Program Policy establishes clear, citywide standards for the creation, maintenance, storage, retention, and destruction of records. It defines roles and responsibilities across departments, reinforces compliance with state law, and supports consistent practices throughout the organization.
The Policy provides the governing framework for the City’s Records Management Program.
Administrative procedures necessary to implement the Policy, including workflows for scanning, storing, and deleting records, will be developed, maintained, and updated by the City Clerk in consultation with the City Attorney. These procedures are operational in nature and do not require City Council adoption, allowing the City to remain flexible and responsive to evolving technology and best practices.
2. Technology
State law requires that, prior to destroying original records after digitization, a local agency must utilize a “trusted system.” A trusted system is defined as a combination of technology, policies, and procedures that ensure the integrity and reliability of records.
The City’s Trusted System includes:
• The Citywide Records Retention Schedule (adopted March 16, 2026) • The proposed Records Management Program Policy
• Administrative procedures governing records management (maintained by the City Clerk) • The Laserfiche system and its associated security and audit capabilities Laserfiche provides robust technical safeguards that support the City’s compliance with trusted system requirements, including:
• Encryption of data in transit
• Regular third-party penetration testing
• Intrusion detection systems
• Firewall protections
• Fine-grained access controls
• Multi-factor authentication
• Detailed audit logs of user activity
• SOC 2 Type 2 certification
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• Automated, encrypted backups stored in geographically separate locations These elements collectively ensure that records maintained in Laserfiche are secure, reliable, and protected from unauthorized alteration.
By declaring Laserfiche as a Trusted System, the City will be authorized to maintain electronic records as the official record and, where permitted by law, destroy original paper records after proper digitization.
This will reduce physical storage needs, improve operational efficiency, and enhance access to records.
Collectively, the City’s comprehensive Retention Schedule, adopted March 16, 2026, the Records Management Program Policy, and the Laserfiche technology constitute a Trusted System in accordance with State law.
3. Strategic Plan Alignment
These actions directly support the City’s Three-Year Strategic Plan, Priority Area F: High Performing Government - Innovative, Inclusive, Efficient, and Accessible.
Specifically, this effort advances:
F.2.1: Implementing technology solutions to streamline internal and external processes, including records and information management
F.2.4: Updating and implementing citywide records retention schedules and policies FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of these resolutions. Existing investments in Laserfiche and records management infrastructure support this effort.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt the attached resolutions:
1. Resolution adopting a Records Management Program Policy
2. Resolution Declaring Laserfiche as a Trusted System for the Management of Records and the Automation of Retention Requirements
ATTACHMENTS:
1. Resolution (Records Management Program Policy)
a. Exhibit A - Records Management Program Policy
2. Resolution (Declaring Laserfiche as a Trusted System)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A
RECORDS MANAGEMENT PROGRAM POLICY
WHEREAS, the City of San Rafael creates and maintains records in the course of conducting the public’s business; and
WHEREAS, proper records management is essential to ensure transparency, accountability, operational efficiency, and compliance with applicable laws; and WHEREAS, the City is subject to the requirements of the California Public Records Act (Government Code section 7920.000 et seq.) and state laws governing records retention and destruction, including Government Code section 34090 et seq.; and WHEREAS, Government Code section 34090.5 authorizes the destruction of original records after the creation of a trusted copy, provided that certain requirements are met; and WHEREAS, Government Code section 12168.7 defines standards for a “trusted system” used to manage electronic records; and
WHEREAS, the City utilizes Laserfiche as its enterprise content management system to store, manage, and retrieve official City records; and
WHEREAS, the City desires to establish a comprehensive, citywide Records Management Program to standardize the creation, storage, retention, retrieval, and destruction of records across all departments; and
WHEREAS, the Records Management Program Policy attached hereto as Exhibit A establishes uniform requirements for managing City records; and WHEREAS, adoption of this policy supports the City’s goals of improving efficiency, ensuring legal compliance, and advancing transparency and public access to records; and WHEREAS, the City Council desires to formally adopt this policy and authorize its implementation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
2. The City Council hereby adopts the Citywide Records Management Program Policy attached hereto as Exhibit A and incorporated herein by reference.
3. The City Clerk is hereby authorized and directed to implement and administer the Records Management Program Policy, and to provide guidance and training to City departments.
4. The City Clerk, in consultation with the City Attorney, is hereby authorized to develop, implement, and update administrative procedures necessary to carry out the Records Management Program and ensure compliance with applicable laws and best practices.
5. All City departments, officials, employees, contractors, and volunteers shall comply with the Records Management Program Policy adopted by this Resolution.
6. The Records Management Program Policy, Records Retention Schedule, and Laserfiche
system collectively establish the City of San Rafael’s Records Management Program.
7. This Resolution shall take effect immediately upon its adoption.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 4th day of May 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk
Exhibit A: Records Management Program Policy
CITYWIDE RECORDS
MANAGEMENT
PROGRAM POLICY
Adopted by City Council on (Date)
Resolution No. (Number)
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
1. PURPOSE
This Records Management Program (RMP) Policy (“Policy”) establishes comprehensive and uniform methods for the cost effective and efficient management of the City’s public records (including creation, utilization, maintenance, security, retention, storage, preservation, and destruction), in accordance with legal requirements and professional standards.
This Policy is intended to provide guidance and promote consistency in records management practices across the City; however, it does not create a mandatory duty or impose obligations beyond those required by applicable law. Nothing in this Policy shall be interpreted to expand the City’s legal responsibilities or to create a basis for liability based on the City’s implementation of, or adherence to, this Policy.
2. SCOPE
This Policy is established by the City in accordance with all relevant federal, state, and local laws, and contractual requirements. This Policy is established in accordance with the State Record Retention laws (Government Code §34090, et seq.) as well as the California Public Records Act (Government Code §7920.000 et seq.). Additionally, where relevant to the needs of the City’s management of records, the City has incorporated provisions from professional standards and guidelines. All physical hardcopy or electronic documents, sound, or video works created by employees while executing the City’s business are records under this policy regardless of whether they are managed in a formal process by the employee’s department or kept by an employee or their work unit for reference or any other purpose.
3. AUTHORITIES
The legal authorities and professional guidelines applicable to the management of City records include, but are not limited to, the following:
3.1. Federal and State Law Numerous Federal and State laws related to minimum record retention requirements and statutes of limitations apply to different types of records. Each record series listed in the Records Retention Schedules will have applicable laws cited.
3.2. Government Code §34090 et seq. The principal provisions of California law applicable to City Record Retention requirements are addressed in Government Code §34090, et seq., which generally require original public records to be retained for a minimum of two years and sets forth other requirements for the retention and destruction of specific public records. This Policy establishes the procedures consistent with the provisions within the state law for the destruction of original public records which have been retained for at least the minimum retention period and are no longer required by the City for business or historical purposes. The Policy also addresses the destruction of records which has been replaced by “Trusted Copies” (Government Code (GC) §34090.5) and the destruction of “Duplicate Copies”
(GC §34090.7).
Per subsections of the code, the state law provisions do not authorize the destruction of:
a. Records affecting title to real property or liens thereon. b. Records required to be kept by statute.
c. Records less than two years old.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
3.3. CA Government Code §6200 et seq. Except as otherwise provided by Government Code §34090 et seq., Government Code §6200 et seq. provides that any City employee who is found guilty of willfully destroying (including altering, falsifying, mutilating, defacing, or stealing, in whole or in part) a public record may be punished by imprisonment of up to four years.
3.4. CA Government Code §7920.000 et seq. The California Public Records Act (Government Code §7920.000 et seq.) provides definitions for “writings” and “public records” for the purpose of determining which public documents are required to be disclosed to the public upon request, and which public documents are confidential or otherwise exempt from disclosure.
3.5. Professional Standards and State of California Secretary of State Local Government Records Management Guidelines Selected professional associations and other governmental agencies, such as the California Secretary of State, the Department of Justice, and the California Municipal Clerks Association, have published standards, model retention guidelines, and/or articles recommending retention periods for different types of records. Although these standards and guidelines are not binding upon the City, the City may take these documents into consideration in establishing the City’s Records Retention Schedule and, where applicable, the City will identify deviations from these suggested guidelines within the Records Retention Schedule.
3.6. CA Code of Regulations §22620 et seq. The State of California provides requirements and guidelines for Trustworthy Electronic Document or Record Preservation. This includes requirements for electronic document format, system backups, file compression, security, and policies and procedures for retaining official documents or records created or acquired using a trusted system.
3.7. CA Government Code §12168.7 In addition to the State’s Trustworthy Electronic Document or Record Preservation requirements, the State sets standards for “trusted systems” to acquire electronic documents when the City collaborates with State agencies.
These standards define what a trusted system is and how records must be preserved using trusted systems, including cloud computing services for records storage.
4. RESPONSIBILITIES
Active management of the City’s records is required to ensure that the records are properly maintained. This section identifies elected officials and staff members responsible for managing the City’s records.
4.1 City Council
The City Council reviews and approves the Citywide Records Management Program Policy, the reviews and approves the originating Records Retention Schedule.
4.2 City Clerk
The City Clerk (or designee) shall be responsible for the following:
a. Implementing and coordinating the City’s Records Management (RMP) program. b. Providing review and approval of any proposed amendments to this Policy by Resolution of the City Council.
c. Providing review and approval of any proposed amendments to the Records Retention Schedule annually by the City Clerk, subject to approval by the City Attorney. d. Disseminating information and providing RMP program training to departments. e. Establishing and maintaining a program to assist departments in the destruction of records once their respective retention periods have expired.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
f. Assisting all departments in complying with this Policy. g. Providing written notification to the City Manager and Department Director of violations of the Records Retention Schedule and this Policy.
h. Performing periodic training and audits to assist departments in complying with the Records Retention Schedule and this Policy.
i. Providing written notification to the Department Director of audit discrepancies within departments.
j. Providing review of changes in records management practices relating to this Policy and the Records Retention Schedule.
k. Reviewing requests for records destruction and exercising discretion to approve or deny requests for destruction in accordance with this Policy. l. Receiving City Attorney approved requests for records destruction for final review and processing.
m. Maintaining the Official Record of all documents related to the City’s RMP program, and any amendments or updates thereto, including the following:
• Policy
• Records Retention Schedules
• Lists of Records Coordinators and alternates
• Master Index of Record Series, as submitted by each department • Requests for Destruction of Records, Authorizations to Destroy Records, and Certifications of Destroyed Records
4.3 City Attorney
The City Attorney (or designee) shall be responsible for the following:
a. Providing legal review and approval of any proposed substantive amendments to this Policy or the Records Retention Schedule.
b. Providing legal guidance on the implementation of this Policy and the Records Retention Schedule.
c. Reviewing all requests for records destruction and approving or denying requests for destruction in accordance with this Policy.
d. Forwarding all approved requests for destruction to the City Clerk. e. Notifying the affected Office of Record and the City Clerk when the City must suspend the destruction of records due to pending or potential litigation (litigation hold), discovery requests, or for any other legal reason.
4.4 Department Directors
Department Directors are responsible for the following:
a. Administering the City’s Records Management Program in their respective departments and overseeing that Policy parameters are implemented in a timely manner.
b. Appointing a Department Records Coordinator and an alternate to work with the City Clerk’s Office to implement this Policy. Departments with several divisions may appoint multiple Department Records Coordinators and alternates. c. Establishing and maintaining an inventory of departmental records and providing an updated electronic copy to the City Clerk, when requested. The inventory shall identify the following aspects of each record:
• Associated records series
• Activity status (e.g., active, inactive)
• Media format of the Official Record
• Importance (e.g., vital, historical, confidential), where applicable
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
a. Coordinating with the City Clerk’s Office in the development of a departmental Records Retention Schedule.
b. Periodically reviewing its departmental Records Retention Schedule to ensure that the schedule is complete, current, and accurate.
c. Providing the City Clerk’s Office with written proposed amendments to the Records Retention Schedule, when needed and/or requested.
d. Reviewing proposed amendments to the Records Retention Schedule, as prepared by the City Clerk’s Office.
e. Ensuring the security of records that have been identified as confidential. f. Notifying the City Clerk’s Office of any information received regarding legal issues related to the retention of records within their department. g. Reviewing and approving requests for the destruction of departmental records as authorized by this Policy and the Records Retention Schedule and forwarding such requests to the City Attorney and City Clerk.
h. Approving the destruction of Duplicate Copies, Transitory Records, and Non-Records in accordance with this Policy.
i. Suspending the destruction of records when the City Attorney’s Office indicates that the City must suspend the destruction of records due to pending or potential litigation (litigation holds), discovery requests, or for any other legal reason. This includes ensuring that litigation holds are distributed to appropriate staff, that staff timely acknowledge receipt, and that records are preserved while the litigation hold is in effect.
j. Providing written notification to the City Clerk if there are any discrepancies or violations of this Policy or the Records Retention Schedule within their department.
4.5 Department Records Coordinators
The Department Records Coordinator(s) for each department, under the direction of the Department Director, are responsible for:
a. Creating an index of department records series, and working with the City Clerk, or designee, to develop a Records Retention Schedule.
b. Informing and updating employees in the department about this Policy and the department’s Records Retention Schedule.
c. Ensuring that active records within the department are maintained according to methods described in this Policy and the department’s Records Retention Schedule. d. Maintaining the security of records that have been identified as confidential. e. Maintaining a master inventory of all department records kept internally and at off-site storage facilities.
f. Monitoring all records that are sent off-site for storage to ensure the records are properly packaged and labeled, accurately and completely inventoried, and assigned proposed disposition dates.
g. Coordinating all requests to retrieve documents from off-site storage and ensuring that documents are returned to off-site storage in a timely manner. h. Annually reviewing records and preparing a list of records eligible for destruction when the retention period has expired, as described in this Policy and the Records Retention Schedule.
i. Securing the Department Director’s approval of the destruction of records when the retention periods have expired.
j. Ensure the destruction of Duplicate Copies, Transitory Records, and Non-Records in accordance with this Policy.
k. Suspending the destruction of records when the City Attorney’s Office indicates that the City must suspend the destruction of records due to pending or potential litigation (litigation holds), discovery requests, or for any other legal reason. This includes
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
ensuring that litigation holds are distributed to appropriate staff, that staff timely acknowledge receipt, and that records are preserved while the litigation hold is in effect.
l. Providing written notification to their Department Director and City Clerk of any discrepancies or violations of this Policy or the Records Retention Schedule within their department.
4.6 All City Staff
Any City staff member who routinely works with the City’s records, as required by their assignment, is responsible for:
a. Reviewing this Policy and their department’s Records Retention Schedule. b. Maintaining the security of records that have been identified as confidential. c. Surrendering all City records to their supervisors, their Department Director, the City Clerk, City Manager, or City Attorney, when requested.
d. Suspending the destruction of records when the City Attorney’s Office indicates that the City must suspend the destruction of records due to pending or potential litigation (litigation holds), discovery requests, or for any other legal reason. This includes timely reviewing and acknowledging receipt of any litigation hold and preserving records while the litigation hold is in effect.
e. Providing written notification to their Records Coordinator(s) and Department Director of any non-compliance with this Policy or the Records Retention Schedule.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
5. TYPES OF RECORDS
According to California state law a record “includes 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” (Govt. Code § 7920.545).
What is a non-record?
It is often difficult to draw a clear distinction between record and non-record material. A helpful hint to follow in making the distinction is that non-record documents can be discarded as soon as they are read. Some examples are listed below:
• Letters of Transmittal and acknowledgements of receipt which do not add any information to the material transmitted.
• Informal notes, worksheets, and rough drafts of letters, memoranda, or reports that do not represent the basic steps involved in the preparation of communications. • Notes, including stenographic notebooks and stenotype tapes, and dictating media which have been transcribed.
• Miscellaneous notices of community affairs, employee meetings, holidays. • Stocks of publications or blank forms that are kept for supply purposes only. • Follow-up or copies of suspense tracers pertaining to correspondence with pending action.
• Library and reference material.
5.1 Access Controls
All documents, writings, or other forms of information prepared, owned, used, produced, acquired, or retained by employees in the course of their responsibilities, regardless of physical form or characteristics, are the exclusive property of the City. Employees shall have no expectation of privacy relating to City records.
When it is necessary for employees to work on electronic documents away from the City, those documents must be accessed via the City’s virtual private network (VPN) or other secure method permitted by the City’s cybersecurity policies. City records shall be maintained within authorized City systems. Employees shall not intentionally download, save, or store City records on personal devices or non-City systems, except as permitted by the City’s cybersecurity and information technology policies. Any temporary or incidental copies created through authorized access (such as system caching or application use) must not be retained beyond their intended use, and employees must ensure that records are not deliberately stored, transferred, or maintained outside of approved City systems. All documents must be returned to the City, and all copies deleted from the outside location, as soon as practicable following their use. Employees shall not have any City physical records in such places as private homes.
Records managed by outgoing officials, employees, contractors, or volunteers shall be delivered to their successors prior to separation from the City.
5.2 Vital Records
Vital Records are those records needed to continue business operations in the event of a disaster and will be identified as such on the Records Retention Schedules. Each department will be responsible for the protection and maintenance of vital records.
Examples of protection include, but are not limited to:
• Storing hard copies in a fire-resistant filing cabinet or area, or in a locked vault, either on site or off site.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
• Storing duplicate hard copies at a secure offsite facility for the duration of the retention life of the vital record.
• Providing regular back-ups for electronic vital records. • Hosting electronic vital records on a cloud-based service, provided that the documents are periodically backed up by the service provider. • Maintaining:
o A list of physical locations of vital records storage facilities and systems. o Access codes, passwords and/or keys for facilities and systems. o Equipment used to store vital records or needed to access electronically stored vital records.
o An inventory of vital records within the facility.
o Procedures for accessing vital records.
5.3 Historical Records
Historical Records are records that are valuable to future researchers to document the accomplishments, changes, and growth of the City. Record Series that may contain historical records will be identified within the Records Retention Schedules. Historical Records may be maintained within each department based on individual departmental procedures or forwarded to the City Clerk’s Office for archival storage.
5.4 Confidential Records
There are many sources of legal authority to exempt a record from disclosure including, but not limited to, the California Public Records Act, Government Code §7920.000 through §7931.000. It would be impractical to list all definitions of “confidential” records in this Policy. If there is any question as to whether a particular record should be designated as “confidential,” the Department Director will consult the City Attorney and City Clerk.
Confidential records must be maintained with sufficient security, and in accordance with applicable laws, to protect their contents from unauthorized access. Departmental procedures to ensure the security of confidential records will be the responsibility of the Department Director.
5.5 E-mail Communications
E-mail messages (including but not limited to email, texts, Teams Chats, Teams Channel Conversations, etc.) and any electronic attachments should be reviewed regularly to determine relevance to current City business and whether the email message is a record or a non-record, subject by this policy. When the e-mail message is a record, the e-mail must be converted to an electronic record, or printed in hard copy, and retained with the associated topic or record series (e.g., project file, purchase order, professional services agreement) for the required retention period as designated in the Records Retention Schedules.
• Some e-mail messages may be routine and may be considered either Transitory Records or Non-records. Such e-mail messages are not intended to be retained in the ordinary course of City business, and the informational content of such communications is neither necessary nor intended to be preserved for future City use or reference.
• E-mail systems are not intended to be, and will not be, used for the electronic storage or maintenance of Official Records, or as document management systems. E-mail communications are retained as follows:
E-mail will automatically be removed and deleted permanently from the user’s Inbox after 2 years, per the City’s Records Retention Policy.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
5.6 Databases
For Records Retention purposes, the City considers all databases, whether residing on City systems or hosted by an outside source (Software as a Service or SAAS), to be Transitory Records. The blanket retention period for databases is “While Active” to reflect that only the current version has informational value to the City.
The Office of Record that uses, maintains and modifies a database must ensure the information contained within the database is correct and accurate, and has the obligation to produce information from the database, as needed, to perform City business. Due to the transitory nature of databases, periodic reports produced from a database, and used for administrative, fiscal, legal or historical purposes, may become Official Records.
Reports designated as Official Records must be maintained in accordance with the Records Retention Schedules.
For example, the City’s Annual Budget Report captures the financial position at the end of a fiscal year, and is used to inform the City Council, staff and citizens of the City’s financial state. Thus, the report must be retained for the retention period designated in the Records Retention Schedule to reflect operational needs.
5.7 Trusted Copy (Migration of an Original Record)
To ensure the accuracy of a Trusted Copy, employees of the OOR must follow the department’s approved process before replacing the original record. The process must be reviewed by the City Clerk and approved by the City Attorney.
Before designating a record as a Trusted Copy, legibility must be validated, and indexes or metadata confirmed as accurately reflecting the content of the original record.
Once the Trusted Copy has been validated and designated as the Official Record, the original record shall be immediately destroyed in the approved manner stated in this policy, unless maintenance and retention of the physical records is required by statute, including but not limited to bonds and recorded documents.
6. STORAGE AND PRESERVATION OF RECORDS
6.1. Active Records
Storage and preservation methods for active records must be approved by the City Clerk or designee and meet all the following minimum specifications:
a. Records must be stored and maintained using reasonable and appropriate inventories and indexing systems that support their identification, retrieval, and disposition in a timely and efficient manner, consistent with operations needs and available resources. The City will make reasonable efforts to maintain records in a manner that facilitates their management in accordance with approved retention schedules; however, the City does not guarantee the ability to identify or document the precise date of destruction for all records. b. Records must be maintained so they are readily accessible to conduct current City business.
c. Storage systems for records will accommodate hard-copy or electronic records and must also conform to the requirements of a Trusted System. Migration of original records to electronic form requires a process that complies with Section
5.7 of this policy.
d. Filing systems should follow these guidelines:
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
d.1 Physical file folder labels should have a consistent style, not a mixture of different styles. This makes reading labels on physical files easier and increases access rates. File labeling should be consistent for the entire group of records.
d.2 A single filing system for primary and secondary indexing levels should be chosen and remain consistent. For example, after establishing primary file sections, select an alphabetical, alpha-numeric, or subject classification to control the sub-group files.
d.3 Record series should be kept together so that permanent records are separate from records with shorter retention requirements. When preparing files for a new calendar or fiscal year, set up files by retention period and add files to the department inventory list including destruction dates.
d.4 Confidential files should be labeled with obvious notations to alert staff members to the special handling requirements.
d.5 Inactive records should be sent to the City Clerk’s Office to be forwarded to offsite storage to ensure the maximum capacity is available for housing active records.
6.2 Inactive Records
Inactive records shall be stored at an offsite storage facility.
An off-site storage facility must:
1. Meet applicable state and local codes.
2. Provide protection from fire and intrusion.
3. Provide reasonable access to records in a timely manner.
Each department shall maintain an inventory of its inactive records in storage and forward an electronic copy of said inventory to the City Clerk’s Office. Prior to sending records to storage, Duplicate Copies, Transitory Records, and Non-Records must be removed and destroyed in accordance with this Policy.
6.3 Cloud or Hosted Electronic Records
Cloud stored or hosted electronic records must follow the City’s Records Retention Schedules.
The cloud or hosting company must:
1. Meet applicable state and local codes.
2. Provide protection from fire and intrusion.
3. Provide reasonable access to records in a timely manner.
7. DESTRUCTION OF RECORDS
7.1 Destruction of Physical or Electronic Records
The City Clerk’s Office oversees and administers the Program, Records Retention Schedules, and the destruction of records. This applies to all records, regardless of format.
Departments must identify all records eligible for destruction pursuant to the Records Retention Schedule and submit a Records Destruction Request Form (available on the City’s Employee Website) to the City Clerk’s Office. The form shall list all documents to be shredded, deleted, or otherwise destroyed and the corresponding retention periods pursuant to the Records Retention Schedule. The Department Director or designee must
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
approve and sign the Records Destruction Request Form and submit it to the City Clerk’s Office. The form must be completed in its entirety.
The City Clerk and City Attorney are responsible for reviewing and approving or denying all requests and forwarding their recommendation to Staff for either denial of request, or to proceed with destruction.
The Department is responsible for obtaining a Certificate of Destruction and forwarding a copy to the City Clerk’s Office along with the fully executed destruction form.
7.2 Destruction of Duplicate Copies
No Duplicate Copy will be maintained longer than the retention period of the original record and may be destroyed at any time within the retention period without authorization.
Department Directors will ensure that employees follow the established procedures for destruction of this Policy. Prior to the destruction of a Duplicate Copy, the employee shall ensure that:
a. The writing is, in fact, a Duplicate Copy and not an original record. b. The writing is no longer required for the operational needs of the department.
7.3 Destruction of Transitory Records
A Transitory Record may be destroyed at any time without authorization. Prior to the destruction of a Transitory Record, the employee shall ensure that:
a. The writing is, in fact, a Transitory Record and not an original record. b. The writing is no longer required for the operational needs of the department.
7.4 Destruction of Non-Records
A non-record may be destroyed at any time without authorization. Prior to the destruction of a non-record, the employee shall ensure that:
a. The writing is, in fact, a non-record.
b. The writing is no longer required for the operational or reference needs of the department.
7.5 Destruction of Original Records After Migration to a Trusted Copy Once an original record has been migrated to a Trusted Copy, in accordance with this Policy, the original record shall be immediately destroyed in accordance with this Policy, unless maintenance and retention of the physical record is required by statute, such as governing body Minutes, Resolutions and Ordinances. Request for the destruction of an original record after migration to a trusted copy shall follow the procedures outlined in Section 7.1 Destruction of Physical or Electronic Records.
7.6 Destruction of Information on Obsolete Electronic Equipment Certain electronic equipment, including Trusted Systems, used by the City may contain methods of electronic storage of City information. This information may be captured and stored as the equipment is used in the normal course of business.
Prior to decommissioning or disposing of City equipment, the responsible department shall ensure that all information relating to City business is permanently deleted or otherwise rendered unreadable from any data storage systems or within the equipment. Under no circumstances shall any electronic equipment be released from City property for recycling, destruction or other disposition until the City information has been deleted. For example, City computers, laptops, servers, and similar devices must have their hard drives wiped or securely erased in accordance with the City’s information technology and cybersecurity standards before being disposed of or reassigned.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
7.7 Destruction of Non-paper Media Records
Official Records stored on non-paper media must be destroyed in a manner consistent with this Policy and the Records Retention Schedule. Documentation for the destruction of these records shall be prepared and retained in accordance with Section 7 of this Policy.
After all Official Records stored on non-paper media (e.g., magnetic tape, disks, diskettes, or other magnetic medium) have been destroyed, the medium itself may be reused, recycled or destroyed.
8. PROCEDURES
The Procedures for the management, storage and preservation, and destruction of records are as follows:
8.1 Access to Electronic Records Systems
A Department Director (or designee) shall approve access to electronic records systems for any employees, contractors, consultants, or volunteers, as needed to fulfill the requirements of their employment.
Any electronic records system is subject to audit by the City Clerk’s Office on a periodic basis. An audit may include operations performed on the database, the date and time an operation occurred and by whom, the database record number, the database index and/or metadata associated with the record, or any other pertinent data where practical.
8.2 Process for Scanning and Imaging of City Records and Documents Laserfiche is the City’s document management system for archiving electronic Trusted Copies and for electronic copies of documents for which there is no legal authorization for destruction (e.g., records affecting title to real property or liens thereon, bonds, recorded documents, notarized documents, etc.;). These documents must be stored within Laserfiche, indexed as required by this Policy, and searchable utilizing Optical Character Recognition (OCR).
Procedures for scanning a hard-copy document for storage in Laserfiche as an Official Record shall be established and reviewed periodically by the City Clerk’s Office. Priority shall be given to those records that must be retained on a permanent basis, and to those records which need to be frequently retrieved.
Examples of records eligible for scanning include, but are not limited to, the following:
• Ordinances & Resolutions
• Minutes
• Plans and Permits
• Contracts and Agreements
• Approved Construction Plans
Departments shall review and purge unnecessary documents from their records prior to scanning. Purging involves evaluating documents within a record, and discarding documents determined to be Transitory Records, Duplicate Copies or non-records.
After images are created, the department shall verify the images are legible and complete.
Images should be verified, indexed, and the OCR process completed as soon as possible after scanning occurs.
Non-scanned images must be imported into Laserfiche, indexed and the OCR process completed, thereby meeting all the same requirements as described above for scanned images.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
When creating an electronic Trusted Copy, the department must determine that the original record has been successfully transferred into electronic format as defined above.
The original record will then be destroyed in accordance with this Policy.
All procedures will be evaluated by the City Clerk and updated, as needed.
8.3 Destruction of Official Records
Official Records, for which the retention period identified on the Records Retention Schedule has elapsed, will be destroyed in accordance with this Policy. Unless placed on litigation hold or other legal hold by the City Attorney, records designated for destruction shall be destroyed within the calendar year after the record expires.
A record that expires during the current calendar year shall be destroyed by December 31st of the following calendar year. For example:
If expiration occurs on: Then destroy no earlier than: or no later than:
January 1, 2025 January 1, 2026 December 31, 2026
December 31, 2025 January 1, 2026 December 31, 2026
Periodic reviews of records shall be performed by the Department Record Coordinator(s).
Additionally, to ensure compliance with this Policy and the Records Retention Schedule, the City Clerk may annually designate a date for departments to review their records and prepare requests for destruction.
Records for which the retention period has elapsed must be identified and included on a Records Destruction Request Form, which is signed by the Department Director, then forwarded to the City Clerk and City Attorney for review and approval. Upon approval, the City Clerk will review the form for approval, completeness, and processing.
Hard Copy Records
Hard-copy records approved for destruction must be destroyed by the Department Records Coordinator(s) (or designee) using one of the following methods:
• Recycling Bin: Expired records that are not confidential. • Shredding: All other records approved for destruction.
NOTE: Confidential records must be shredded by the Department Record Coordinator(s) (or designee). Commercial services may be used for the destruction of paper documents. If a commercial service is used, a Certificate of Destruction from the commercial service must be submitted to the City Clerk’s Office and will be maintained with the approved Records Destruction Request Form.
Electronic Records
Destruction of Official Records in electronic format must follow the same approval process as outlined above for the destruction of hard-copy records. Upon approval, electronic records must be destroyed by the Department Records Coordinator(s) (or designee) using methods that permanently delete the records.
The destruction process must include all Duplicate Copies of the Official Record, regardless of which department maintains the duplicates.
Following the destruction of records, the City Clerk (or designee) shall certify that the records have been destroyed. All Certificates of Destruction shall be maintained in the City Clerk’s Office.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
9. DEFINITIONS
Active Records: Records referenced and readily accessible in the general conduct of current City business.
Citation(s): “Citations” listed in the Records Retention Schedule are the legal bases for a minimum retention period, as required by federal, state, regional and/or local governmental agencies.
Confidential Record: There are many sources of legal authority that define a “Confidential Record” including, but not limited to, the California Public Records Act, Government Code §7920.000 through §7931.000. Therefore, it would be impractical to list all definitions of a “Confidential Record” within this Policy. If there is any question as to whether a record is a Confidential Record, staff should consult with the City Clerk and/or City Attorney prior to disclosure.
In general, a “Confidential Record” is any record not disclosed to the public unless directed by court order. Examples of a “Confidential Record” may include, but are not limited to, the following:
a. Personnel Records:
Examples include any personnel, medical or similar files, the disclosure of which would cause an unwarranted invasion of personal privacy. There are special provisions for law enforcement records.
b. Pending Litigation or Claims:
In general, Government Code § 7927.200 provides that when litigation or a claim is filed against the City, the records pertaining to the litigation or claim are exempt from public disclosure until the litigation or claim has been adjudicated or settled. c. Attorney/Client Privilege and Attorney Work Product:
It should be presumed that all communications from the City Attorney’s Office on behalf of the City to City staff are subject to attorney/client privilege and attorney work product privilege, and the communications should be protected accordingly. d. Police Records and Investigative Reports:
Examples include, but are not limited to, a wide variety of records such as:
• Police investigations, intelligence, analysis, and conclusions • Information that may endanger the safety of any person • Juvenile records
• Active case files
Nevertheless, some law enforcement records are subject to disclosure. Consult with the City Clerk’s Office and/or City Attorney’s Office. e. Feasibility Studies for Property Acquisition or Public Contracts:
Unless required to be disclosed by eminent domain law, feasibility studies relative to the acquisition of property, or to prospective public supply and construction contracts, are not disclosed until all the property has been acquired or until the contract or agreement has been executed.
f. Proprietary Information Obtained by the City:
Proprietary information will not be disclosed if any of the following apply:
a. The outside party providing the information submits the information with the expressed intention to maintain the confidence.
b. The information has not previously been disclosed to others.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
c. The outside party has a reasonable expectation that the information will be maintained in confidence based upon how the City obtained the information.
Examples include, but are not limited to, financial information or computer source code submitted as a condition of a license, permit or certificate.
Public Interest Balancing Test
If a writing does not fit a specific category of exemption, the writing may still be exempt if it meets the Public Interest Balancing Test. According to Government Code §7922.000, the “agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of [the Public Records Act] or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.” Since there is a significant body of case law analyzing this balancing test, City staff shall route all potentially disclosable records to the City Clerk’s Office who shall coordinate with the City Attorney’s office.
Databases: “Databases” consist of electronic files and fields of data, which manage and store information useful to the department or division. “Databases” are modified over time through the addition, deletion, or modification of data. “Databases” may be maintained by the City or hosted by outside sources. The specific policy regarding databases can be found in Section 6.1.7.
Duplicate Copy: A record that is a copy of an Official Record if the copy is not within the definition of a “Trusted Copy”. In addition to hard copies of Official Records, “Duplicate Copies” also include, but are not limited to, database backups or other copies of electronic records.
Electronic Mail (E-mail): Messages and communications transmitted over internal and external networks are considered “Electronic Mail”. The City considers some “Electronic Mail” to be a transitory record, and the City’s policy on “Electronic Mail” is addressed in Section 5.5.5.
Exampled of “Electronic Mail (E-mail)” include, but are not limited to, the following:
• E-mail
• Teams Chats
• Teams Channel Conversations
• Text Messages
Electronic Records: Records that contain information readable by machine or computer, and which may include information such as text, numbers, graphs, line drawings, pictures, images, video, or sound are considered “Electronic Records”. Examples of “Electronic Records” include, but are not limited to, the following:
• Audio or video recordings
• Electronic mail
• Databases
• Digital images
• Presentation graphics
• Word processing files
• Spreadsheet files
• Voicemail
“Electronic Records” reside on, but are not limited to, media such as magnetic disks or tapes, audio or video cassettes, optical disks, DVDs, CDs, hard drives, or memory sticks.
Historical Records: Records valuable to future researchers that document accomplishments, changes, and growth of the City.
Inactive Records: Records that are no longer referenced, nor required to be readily accessible, in the general conduct of current City business. Such records may be stored at an off-site storage location or within the work area during their required retention period.
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
Indexes and Metadata: Information supporting a record that is unique and distinguishes one record from another. “Indexes” and “Metadata” may include, but are not limited to, record titles, record series codes, sequential identification numbers, dates, Office of Record, project number, account number, or other source information describing the record’s contents. Such information, in and of itself, does not constitute a record.
Litigation Hold: A temporary hold on destruction of any documents potentially relevant to reasonably anticipated, pending or threatened litigation.
Media: The physical format in which a record is maintained including, but not limited to, paper, photographic, micrographic, computer storage, and any other recording or storage method.
Non-record Writing: Any writing which is not within the definition of a Record. Examples of “Nonrecord Writings” include writings that are not directly related to the conduct of the City’s business and/or are used specifically for reference including, but not limited to, textbooks, brochures, catalogs, or seminar announcements.
Questions related to non-records may be forwarded to the City Clerk’s office.
Official Record: An “Official Record” is the original record or “Trusted Copy” having the legally recognized and enforceable quality of any writing containing information related to the conduct of the City’s business.
Office of Record (OOR): The department within the City that is responsible for maintaining a particular record series in accordance with this Policy and the Records Retention Schedules is considered the “Office of Record”. The Records Retention Schedules identify the “OOR” for each record series. Typically, the “OOR” is the department that originates the record. Exceptions may be noted on the Records Retention Schedules.
Permanent Records: Records that are required to be kept in perpetuity, usually identified by statute or other written guidance. Examples include, but are not limited to, original minutes, ordinances, resolutions, and land grant deeds.
Record: For retention purposes, a Record includes any writing containing information relating to the conduct of the business prepared, owned, used, or retained by the organization regardless of physical form or characteristics. Records include the subsets of trusted copies, confidential records, vital records, historical records, active records, inactive records, electronic records and transitory records, as defined within this Policy.
Record Inventory: An inventory helps build and maintain the Records Retention Schedules. An inventory of a department’s records where the following information is recorded:
• The type of record (record series)
• The date range of the records
• The volume of the records
• The format of the record (paper, microfilm or electronic) Records Retention Schedule: “Records Retention Schedule” list all ‘record series’ which are prepared, owned, used, or retained by the City, and identify the required retention period for each record series. The “Records Retention Schedule”, and any amendments or updates, are approved by City Council resolution.
Record Series: A set of records which are created, stored and maintained together. “Record Series” are used as a method to organize records by function and/or document type within the City. Examples of different “Record Series” include, but are not limited to, the following:
• Contracts
• Purchase Orders
CITYWIDE RECORDS MANAGEMENT PROGRAM POLICY
• Resolutions
• Minutes of official meetings
• Timecards
• Financial Statements
Records Coordinators or Department Records Coordinators: Designated staff within each department or division that are intimately familiar with records maintained in their department or division. The person is the main point of contact between the City Clerk’s Office and staff regarding the City’s Records Management Program and this Policy as it relates to records in their department or division.
Retention Period: A “Retention Period” is the length of time that a particular record is retained by the City before it is disposed of in accordance with this Policy. The “Retention Periods” for City records are identified on the Records Retention Schedule.
Transitory Records: A writing with only transitory (short-lived) value since the information is used for a relatively short period of time. Examples include, but are not limited to, the following documents that are not retained in the ordinary course of business:
• Preliminary drafts
• Notes
• Intra-agency memoranda
• Voicemail
• Handheld recorders
Questions related to transitory records may be forwarded to the City Clerk’s office.
Trusted Copy: A “Trusted Copy” is a copy of an originally created record if the copy is created on a Trusted System. “Trusted Copies” are photographically, or electronically generated documents controlled by daily operational procedures and policies to ensure reasonable expectations of document integrity, free from physical or electronic additions, subtractions or other modifications that would change the content of the original document.
Once a “Trusted Copy” is created, it will replace the original source document, and the “Trusted Copy” must then be retained as the Official Record in accordance with the requirements of this Policy and the Records Retention Schedules.
Trusted System: As defined by Government Code §12168.7(c), “‘Trusted System’ means a combination of techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or reproduced by the system could differ substantially from the document that is originally stored.” Thus, a “Trusted System” includes any method of creation, management and/or storage of an Official Record, as defined within this Policy.
Vital Record: Includes records that are needed to continue or resume basic City operations in the event of a disaster.
Writing: As defined by Government Code §7920.545, “‘Writing’ means any handwriting, typewriting, printing, photo stating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.”
Thus, “Writing” is a comprehensive definition that includes the subsets of public records, trusted copies, confidential records, duplicate copies, non-record writings, vital records, historical records, active records, inactive records, electronic records, and transitory records, as defined within this Policy.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING A
TRUSTED SYSTEM FOR THE MANAGEMENT OF RECORDS AND THE AUTOMATION OF
RETENTION REQUIREMENTS
WHEREAS, on March 16, 2026, the City Council adopted Resolution No. 15524, adopting a Records Retention Schedule which established procedures for retaining City Records, and for disposing of City Records (Records) when they are no longer needed for administrative, fiscal, historical, or legal purposes, and providing authority to the City Clerk to amend the Records Retention Schedule without City Council approval; and WHEREAS, section 34090, et seq, of the Government Code of the State of California provides the parameters whereby Records that have served their purpose and are no longer required may be destroyed, including the requirement that certain Records be reproduced on a "trusted system," as defined in California Government Code Section 12168.7, prior to destruction; and
WHEREAS, California Government Code section 12168.7 provides uniform statewide standards for storing documents in electronic media; and WHEREAS, the Secretary of State has adopted Trustworthy Electronic Document or Record Preservation regulations, located in Chapter 15, Division 7, Title 2 of the California Code of Regulations, which govern the recording, storing, and reproducing of Records in electronic media where the intent is to destroy the original hardcopy and maintain the electronic copy as the official Record; and
WHEREAS, the City Clerk has worked to ensure the City's content management system, and Records stored within the system, are kept in accordance with the State's Trusted System requirements and the Trustworthy Electronic Document or Record Preservation regulations; and
WHEREAS, the City Council adopted a Resolution establishing a Records and Management Policy instituting the City’s standards for proper management of Records; and WHEREAS, the City uses Laserfiche to electronically store Records in PDF and/or TIFF format; and
WHEREAS, folder-level permissions and restrictions have been established in Laserfiche to ensure only appropriate personnel have access to certain Records; and WHEREAS, collectively, the City's comprehensive Records Retention Schedule, Records Management Program Policy, administrative procedures developed and maintained by the City Clerk in consultation with the City Attorney, and the Laserfiche technology constitute a Trusted System in accordance with State law; and
WHEREAS, in the future, other technologies, in addition to Laserfiche, may be designated separately as a Trusted System.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Rafael, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct and establish the factual basis for the City Council’s adoption of this Resolution.
2. Laserfiche is declared the City’s Records storage repository.
3. Laserfiche is backed up, and the backup copy is stored offsite on a routine schedule in a format that cannot be altered.
4. The City Council hereby declares the adopted Retention Schedule, Records Management Program Policy, administrative procedures developed and maintained by the City Clerk in consultation with the City Attorney, and Laserfiche technology collectively establish the City of San Rafael’s Trusted System.
5. This Resolution shall take effect immediately upon its adoption.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 4th day of May 2026, by the following vote, to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
____________________
Lindsay Lara, City Clerk