.010 Definitions. For purposes of this section, the following terms shall be deemed to have the following meanings:
“Draft” means any draft or uncompleted document in any stage of preparation, existing in electronic form in a data processing system or computer, and which is later electronically modified, revised, amended, redrafted, manipulated or completed, or is electronically deleted from the electronic data processing system or computer, and where it is not necessary that the informational content of such draft or uncompleted document be preserved for future City use.
“Computer data” or “data” means any information or data created by any City officer or employee for City business purposes and existing in electronic form in any data processing system or computer.
.020 Purpose. The creation, manipulation and use of computer data by City officers and employees is an essential, efficient and cost-effective tool used in the conduct of City business. Computer data, by its nature and purpose, is customarily created in draft form and such draft is usually electronically manipulated and revised, or electronically deleted in whole or part. It is not practical, necessary, efficient or cost effective for City officers and employees to preserve every draft of every document created, generated or manipulated by use of an electronic data processing or computer system. At the same time, the City recognizes its legal obligations relating to the retention and/or public disclosure of certain records pursuant to the requirements of the destruction of records laws and/or the Public Records Act. The purpose of this section is to provide guidance to City officers and employees relating to the creation, manipulation and preservation of computer data in a manner which facilitates the reasonable and efficient use of such data for City business purposes while assuring that data created for City business purposes and existing in electronic form which is either required to be preserved by law, or which was made or retained for the purpose of preserving the informational content thereof for future City use or reference, is preserved and available as may be required by any applicable provision of law.
.030 Preservation of Computer Data. Computer data must be preserved by the public officer or employee having control of such data if either: (1) a law expressly requires such data to be kept, or (2) such data is necessary or convenient to the discharge of the public officer’s or employee's duties and such data was made or retained for the purpose of preserving its informational content for future City use or reference. All other computer data may be deleted without preserving its informational content.
Any computer data which is required to be preserved pursuant to this subsection .030 shall be preserved in accordance with the approved retention period for the file or record series in which such computer data is placed, or to which such computer data relates, as established by resolution of the City Council pursuant to this chapter; provided, however, the retention provisions of this section shall not be deemed to impose any legal requirement or obligation on the City or any of its officers and employees not otherwise required or established by any other provision of law.
In the event a public inspection request is made pursuant to the Public Records Act, or a demand for production by subpoena or court order is received, for any computer data in existence at the time such request or demand is received, the City official or employee having control of such computer data shall use his or her best efforts, by any reasonable means available, to preserve such data until it is determined whether such data is subject to preservation, or public inspection or production, pursuant to any requirement of law.
.040 Duplicate Records. Any hard copy (tangible nonelectronic document) which is a duplicate of any computer data but contains markings (signatures, notes, etc.) not present on the computer data, and which is otherwise required to be preserved by law, shall not be destroyed unless such document is photographed, microphotographed or otherwise reproduced on film, optical disk or any other medium in compliance with Government Code Section 34090.5, or destruction has been authorized pursuant to a resolution of the City Council in conformance with Government Code Section 34090. (Ord. 5608 § 2 (part); July 22, 1997; Ord. 6566 § 1 (part); January 23, 2024.)