(a) The department or office head, or the head’s designee, may destroy any record under the head’s charge in accordance with the retention periods set forth in the Records Disposition Schedule that was approved by the Office of the City Attorney and City Council.
(1) Prior to the destruction of any record the department or office head, or the head’s designee, shall make the following determinations:
A. The record is under the management or control of said department head;
B. The retention period stated in the Records Disposition Schedule has been satisfied, or photographic or electronic reproduction of the record has been made and the requirements of determination under Subdivision (2) below have been satisfied;
C. Retention of the record is no longer required:
(i) For operations of that department;
(ii) For operations of the City;
(iii) To satisfy a City Council policy adopted by resolution, or a City Council request; or
(iv) By the City for any other reason known to the department head or authorized designee.
D. The destruction of said record would not violate provisions of the State of California Government Code, Division 12 of this Code, or other applicable law.
(2) In the event the destruction of a record is under consideration, and copies thereof have been made by photographic or electronic reproduction as provided for in Section 12.4 of this Code, the head of the department or office involved shall also determine that:
A. At least two physically separate copies exist within the custody of the City, one which is of archival quality and one of which is stored in accordance with Section 12.4 of this Code;
B. All conditions set forth in Section 12.4 of this Code and all standards and regulations otherwise adopted or required by law have been satisfied; and
C. The head of the department or office has complied with the provisions of City Charter Section 434, where applicable.
(3) The head of the department or office shall submit a form to the City Clerk of the records to be disposed and the City Clerk shall review the request to determine that all requirements have been met and shall certify that the record is not needed for historical purposes.
(b) AUTHORITY TO SUBMIT.
(1) The head of each department or office shall submit to the City Clerk, and shall thereafter cause to be kept current, exemplars of the signature of said department or office head and of the authorized designee thereof, if any, who shall have the current authority to request the disposal of records.
The authority for, and authenticity of, such exemplars shall be identified and verified to the satisfaction of the City Clerk, and the City Clerk shall maintain a current file and schedule of said signature exemplars, of the requests for destruction of records, and of the certifications submitted.
(c) FORMS AND REPORTS.
(1) Requests to dispose of records shall be submitted only on forms supplied by the City Clerk, or on computer generated reports approved by the City Clerk.
(2) All forms shall be completed to the satisfaction of the City Clerk by the department or office head or authorized designee thereof requesting authority to dispose records.
(3) All forms and computer generated reports shall include at least the following information:
A. Description of the department or office and the division, bureau or unit thereof requesting destruction of records;
B. The record’s title or subject matter description of the records, or records title, identified in the same manner as elsewhere in this chapter provided for records retention purposes;
C. The physical location of such records;
D. The quantity of such records;
E. The identification numbers of each box or container used to store said records where applicable;
F. Whether the records are originals or duplicates;
G. Dates of each record or inclusive dates of each record series listed for destruction; and
H. Date, job title and signature of the department or office head or authorized designee requesting the destruction of the records.
(4) The forms and/or computer generated reports shall also provide for, and when completed or produced shall include, or have attached thereto, the statements, verifications and certifications required above.
SECTION HISTORY
Based on Ord. No. 132,902.
Amended by: In Entirety, Ord. No. 155,822, Eff. 10-24-81; Subsec. (a), adds (4) Subsec. (d), 2nd sentence of Subsec. (e)(4), last sentence, Ord. No. 157,699, Eff. 6-30-83; In Entirety, Ord. No. 168,014, Eff. 7-27-92; Title and Section In Entirety, Ord. No. 183,754, Eff. 8-11-15.