(a) PREPARATION. In the preparation of a Records Disposition Schedule and any subsequent proposed amendments thereto, the officer or department head involved shall cause the following to be accomplished:
(1) Prepare a physical inventory and appraisal of all records created and maintained by the department involved in order to determine the relative frequency of use or movement of records, the value of records with regard to administrative, legal, fiscal and historical interest, and the adequate and essential periods of retention and appropriate disposition of said records;
(2) Records set forth on the Records Disposition Schedule of a department shall be itemized, identified by form number if available, and by record title and record series title, in alphabetical or numerical sequence. For each record or record series, the schedule shall state the retention period for maintenance in the department involved, as well as any City records center or centers utilized for the storage thereof. Original documents shall be listed separately from duplicate copies thereof. For each duplicate record, if such is not apparent from the face thereof, the location of the original record and the department having custody thereof shall be noted; and
(3) Any record or record series contained in a Records Disposition Schedule shall be specifically and accurately described in accordance with guidelines developed by the City Clerk. The schedule shall also identify the physical form in which the record exists.
(b) RECORDS CLASSIFICATION AND RETENTION TIME PERIODS. The head of each department, or the authorized designee thereof, during the course of preparing for that department the Records Disposition Schedule or any amendment thereto, shall identify and designate each record or record series thereon according to one or more of the following classifications. Records which fall into more than one classification shall be retained for the longest applicable retention period.
(1) The following records shall be retained permanently:
A. Historical records.
B. Records affecting title to real property or liens thereon.
C. Records required by Charter or statute to be retained.
D. Minutes, ordinances and resolutions by the City Council, Boards or Commissions.
(2) Vital records shall be retained, while current, subject to the provisions of Section 12.2(b)(5) of this Code hereinabove.
(3) Retirement records shall be retained through the life of the employee, the life of that employee’s surviving spouse, and throughout the dependency or the age of minority of the employee’s surviving children as provided in the Charter, plus five years.
(4) Personnel, medical, hospital or similar records shall be retained until the date of termination of City employment, plus five years, except that where termination is by retirement, records shall be retained for the same period of time required for those records in category 12.3(b)(3) above.
(5) The following records shall be retained for a minimum of five years unless a shorter or longer retention period is required by law or unless the record must be retained for a longer period of time to protect the City in the event of litigation:
A. Records exempt from public disclosure pursuant to provisions of the California Public Records Act, as amended.
B. Records related to any complaint of misconduct by the City or by any City officer or employee.
C. Records of a complaint to, or investigation conducted by, any City office or department for correctional, law enforcement or licensing purposes.
D. Records used or customarily used in civil or criminal litigation, including any appellate review thereof.
E. Records prepared in connection with any claim filed against the City.
(6) Records not included in categories (1) through (5) or (7) and (8) of Subsection (b) shall be retained for a minimum of two years unless a shorter period is otherwise permitted by law or a longer period is otherwise required by law, or unless, consistent with state law, a different period of retention is established by order or resolution of the Council. These records shall be identified and designated by form, series title, or by subject, listed either individually or by series, in alphabetical or numerical sequence.
(7) Records in the form of telephone and/or radio communications which are recorded routinely on a daily basis on tapes as a part of the regular public health, peace or safety operation of the Police and Fire Departments shall be retained for a minimum period of 15 months subject to the following provisions:
A. In the event that, prior to the date of destruction a record of this type (hereinafter referred to as “tape record”) has been subpoenaed or ordered or requested to be held in connection with any litigation, either criminal or civil, or any administrative proceeding, or to the awareness of either the Los Angeles Police Department or Los Angeles Fire Department has otherwise become or is likely to become the subject of discovery proceedings in any of the above types of actions, a request for destruction thereof shall not be filed, nor shall the original of such tape record be destroyed unless:
(i) A re-recording or duplicate has been made of the conversation or other communication which is a part of the subject matter of the litigation or administrative proceeding contained on the original tape record;
(ii) The preparation of the re-recording or duplicate is or can be properly authenticated;
(iii) The party or parties subpoenaing or otherwise ordering or requesting the production of the tape record have been advised of the intended destruction of the original tape record and that the retention of the original tape record may be requested; and
(iv) There has been no request for the retention of the original tape record as of the date the request for destruction is filed with the City Clerk.
In the event there is a request for retention of the original tape record, as distinguished from a re-recording or duplication thereof as above provided, the original tape record shall be retained until the litigation or administrative action is resolved or becomes final or there has been approval for the release of the record from the party or parties initially requesting the retention of such original tape record, provided that fifteen months have transpired since the original record was placed on the tape, and the Council has approved its destruction.
B. In the event the City Council, or a City officer or department, is informed or has reason to believe that a particular event, activity, or occurrence which took place may have been recorded either by the Police or Fire Department as part of a tape record, or part of such type of record of a particular date and that the record should be retained, the Council or such officer or department shall cause the department which has possession of the record to be informed that probable cause exists for retention of the record for reasons stated. Upon receipt of such notice, or based upon its own information or reason to believe that cause for retention may exist, the department in possession of the record shall review that portion of the tape or recording of the particular date or part thereof identified with respect to the event, activity or occurrence referred to. Upon completion of that review, if said department determines that the record contains matters identifiable under any of those Subsection (b) Categories (1) through (6), the record shall be retained for the longest period of time required by those categories under which identified.
(8) Records of a latent fingerprint shall be retained in accordance with the following provisions:
A. For purposes herein the term “latent fingerprint” means any fingerprint (the tracing of physical characteristics of the lines upon a finger) that has been lifted from any object in order to identify the person who has touched said object. The term “latent fingerprint” is not limited to a fingerprint that can be used only for positive identification purposes.
B. A latent fingerprint which has been lifted in connection with any action shall be retained until one year after such action has become final. An action shall include:
(i) a criminal investigation of a person;
(ii) a criminal prosecution of a person whether or not the fingerprint has been introduced in evidence in the prosecution;
(iii) a pending appeal or writ from a criminal prosecution; or
(iv) a civil proceeding or administrative adjudicatory proceeding related to the lifting of the latent fingerprint or to circumstances attendant thereto, and to any pending appeal or writ taken with respect thereto.
C. A latent fingerprint which is not directly related to a known pending action shall be maintained for a period of one year beyond the applicable statute of limitations in which an action could have been brought, but in no event shall a latent fingerprint be destroyed in less than three years from the date the latent fingerprint was lifted.
D. If a latent fingerprint related to an action for which there is no statute of limitations, it shall be kept for no less than ten years from the date the latent fingerprint was lifted.
E. If a latent fingerprint affects or relates to more than one action, it shall be kept for one year beyond the statute of limitations applicable to the action with the longest such statute.
(c) CERTIFICATION. The head of each department, or the authorized designee thereof, shall certify that to the best of the head’s or authorized designee’s knowledge the descriptive titles, information, classification and designations on the Records Disposition Schedule, and any amendment thereof, meet City requirements with respect thereto, encompass all records of said department, and are correct.
(1) The City Clerk, when satisfied that all procedural and administrative requirements have been met, including vital and historical considerations, shall certify and transmit the departmental Records Disposition Schedule, and any proposed revisions to the City Attorney for review.
(2) The City Attorney, when satisfied that all legal requirements which may affect the retention or destruction of records have been met, including existing or potential litigation considerations, shall certify and return to the City Clerk the department Records Disposition Schedule, and any proposed revisions, along with any comments or recommendations for further revision.
(3) At the request of the City Attorney, department heads or authorized designees may be asked to review their departmental Records Disposition Schedule, and any proposed revisions, to ensure that such schedules incorporate the determinations of the City Attorney with regard to legal and litigation requirements for the retention and disposition of records.
(4) Following the approvals of the City Clerk and the City Attorney, all Records Disposition Schedules and any revisions or amendments to such schedules shall be approved by City Council and returned to the City Clerk to be retained as an official record for the City.
(d) DUPLICATE RECORDS. All duplicate records shall be listed as such on the Records Disposition Schedule by each department or office, and may be destroyed, subject to the approval of the department head or the designated representative of such department head, if those records are no longer required to be retained in accordance with the retention periods established in said Records Disposition Schedule or their amendments.
SECTION HISTORY
Amended by: Ord. No. 167,699, Eff. 6-30-83; Subsec. (b)(14) added, Subsec. (d)(7) added, Ord. No. 161,778, Eff. 1-5-87; Subsec. (d)(8) added, Ord. No. 162,097, Eff. 4-26-87; In Entirety, Ord. No. 168,014, Eff. 7-27-92; Subsec. (c)(3) and (c)(4) added, Subsec. (d), Ord. No. 171,472, Eff. 2-13-97; Title and Section In Entirety, Ord. No. 183,754, Eff. 8-11-15; Subsec. (b)(6) and (b)(7), Ord. No. 184,108, Eff. 4-4-16.