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(a) Conditions for Replacement of Original Records by Reproductions. In the event records are reproduced in contemplation of the possible destruction, in accordance with the provisions of Section 12.5, of the original records so reproduced, the following conditions shall be met:
(1) The City shall comply with all requirements of Government Code Section 34090.5 not specifically set forth in this subsection.
(2) The original record shall be photographed, microphotographed, or electronically or optically recorded by a procedure, and on a medium, that accurately captures an image of the record and does not permit additions, deletions or changes to the original document.
(3) The record shall be reproduced on a photographic film, optical disk or any other medium, provided the type of film, optical disk or other medium is in compliance with the standards or guidelines, or both, as recommended by the American National Standards Institute, referred to hereinafter as ANSI, the Association for Information and Image Management, hereinafter referred to as AIIM, or as required by California Government Code Section 34090.5 for archival recording of permanent records.
(4) The device used to reproduce the original record on film, optical disk or any other medium is one which accurately and legibly reproduces the original thereof in all details and does not permit additions, deletions or changes to the original document images. No page of any original records shall be destroyed if it cannot be reproduced with full legibility. The requirement of full legibility is met if the image on the photographic film is as legible as was the original document. In the case of digitally stored data, the requirement of full legibility is met if an eye-readable image produced from the data is as legible as was the original document. If the legibility of the original document is questionable, the fact should be recorded in the image or array of images, proximate to the record.
(5) The photographs, micrographics or other reproductions on film, optical disk or any other medium are made as accessible for public reference as the original records were made accessible. This accessibility shall include the provision of copies of records as required under Sections 12.30 through 12.33 of this Code.
(6) A true copy of archival quality of the film, optical disk or other medium of reproduction shall be kept in a safe and separate place for security purposes. The latter requirement shall be deemed satisfied if said copy is kept in a safe and separate place which meets the housing, environmental and inspection requirements of the most current ANSI and/or AIIM standards for archival storage conditions.
(7) Any reproduction of an original record produced pursuant to the provisions of this subsection shall be treated as a new original record. In that regard, the records retention schedule for the department involved shall be amended to identify the reproduction as an original record.
(8) With respect to a photographic reproduction, the head of each department or office shall cause a certification to be prepared which states that:
A. Provisions of this Code have been satisfied.
B. The original document is a record of the City of Los Angeles.
C. The photographic reproduction is a true and correct copy of the original document.
D. The photographic reproduction was made under the direction and control of the person signing the certification.
E. The date on which the reproduction is being made.
Such certification shall be contained within the array of images of the photographic film or other medium of reproduction and shall be signed by the City employee responsible for supervision of the quality control of the film or by the corporate officer or manager of that entity performing the reproduction service who has the authority of the entity to so certify. If said certifying person is not a City officer or employee, then the City officer or employee regularly responsible for the work of photographic reproduction for the document involved shall certify as to the authority of such corporate officer or manager and include that certification in the image or array of images reproduced. If the photographic reproduction is done by a City agency, the City officer or employee signing the certification shall be a person regularly responsible for conducting and supervising a quality assurance program which includes routine resolution, density and archival stability testing in accordance with current industry standards of good practice.
If the photographic reproduction was done prior to the effective date of this Code section, a certification will be deemed sufficient if it certifies compliance with California Government Code Section 34090.5 or other applicable law, as of the date of the photographic reproduction.
(9) Original Records that have been duplicated in conformity with the standards of Subsection (a), above, may be destroyed on the authority of the department head or the authorized designee.
(b) The City Administrative Officer shall adopt and issue rules and standards with respect to processes, procedures, equipment, media and storage relative to the photographic and electronic reproduction of City records for records retention and/or destruction purposes. These rules and standards shall apply only to reproductions made in contemplation of possible destruction of the original records and shall be developed in consultation with the City Clerk, the City Attorney, the City Engineer, the Information Technology Department and any other department or agency which the City Administrative Officer may deem helpful to assure, to the fullest extent feasible, the adoption of rules and standards that can be economically and efficiently implemented by the City and its departments.
The rules and standards shall provide, among other things, for the method of certifying that individual departmental and office facilities and procedures for the photographic and electronic storage of record images as sufficient to permit the destruction of original records in conformity with the requirements of this Code section.
Prior to adoption of proposed rules and standards, the proposed rules and standards shall be submitted to all affected City departments and offices for their review and said departments and offices shall have up to 30 days therefrom to comment and make recommendations with respect to the rules and standards proposed.
The rules and standards adopted shall reflect industry standards of good practice set forth by ANSI and/or AIIM or equivalent standard setting agencies.
SECTION HISTORY
Based on Ord. No. 132,902.
Amended by: In Entirety, Ord. No. 155,822, Eff. 10-24-81; Subsec. (c), Ord. No. 160,551, Eff. 1-9-86; In Entirety, Ord. No. 168,014, Eff. 7-27-92; Subsec. (b), First Para., Ord. No. 173,288, Eff. 6-26-00, Oper. 7-1-00; In Entirety, Ord. No. 183,754, Eff. 8-11-15.
(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.
Terms used as record titles, classifications, categories, or as descriptions of files on a records retention schedule or any amendment thereto, or on any request for destruction of records or any form or computer generated report applicable to either, shall be descriptive. They shall not include the use of the word “miscellaneous” or “various”, or words of similar connotation, nor shall any such schedule or request bearing such nomenclature be submitted to the City Council for its consideration.
SECTION HISTORY
Based on Ord. No. 132,902.
Amended by: In Entirety, Ord. No. 155,822, Eff. 10-24-81; In Entirety, Ord. No. 168,014, Eff. 7-27-92.
The provisions of this chapter shall apply to all departments whose funds, in whole or in part, are provided for in the General City Budget. It is the intent of the City Council that departments using other funds shall also comply with the provisions of this chapter. All departments shall comply with applicable law.
SECTION HISTORY
Added by Ord. No. 155,822, Eff. 10-24-81.
Amended by: In Entirety, Ord. No. 168,014, Eff. 7-27-92.