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The head of every department shall be responsible for the preservation and proper filing of papers, film or other records of the department and the ultimate disposition of the same in accordance with the applicable law.
(Ord No. 7070(1939), Sec. 1; amended by Ord. 530-88, App. 12/16/88)
It shall be the duty of each department head to classify the department's records, using the classifications set forth in Section 8.4 of this Code, and to prepare a schedule for the systematic retention and destruction of such records, which schedule shall comply with the provisions of this Section and of Sections 8.4 and 8.9 of this Code and will be effective only upon approval by the officers and boards specified below.
Current records and storage records, as defined in Section 8.4 of this Code, may be destroyed five years after they were created if they have served their purpose and are no longer required for any public business or other public purpose, except that records pertaining to financial matters shall be destroyed only after approval by the Controller; those having legal significance only after approval by the City Attorney; and payroll checks, time cards and related documents only after approval by the Retirement Board.
If requested by the Retirement Board, payroll checks, time cards and related documents shall be delivered to the Retirement Board instead of being destroyed. Current records and storage records less than five years old may be destroyed or otherwise disposed of if their destruction or other disposition within a shorter length of time will not be detrimental to the City and County or defeat any public purpose and if a definitive description of such records and the retention period applicable to them are set forth in a schedule for the systematic retention and destruction of records that is prepared by the department head, approved by the Mayor or the Mayor’s designee (provided that the designee is not department head of the department concerned), or the board or commission concerned, and approved by the City Attorney as to records of legal significance, by the Controller as to records relating to financial matters, by the Retirement Board as to time rolls, time cards, payroll checks and related matters.
The provisions of this Section do not apply to sound recordings of radio or telephone communications as described in Section 8.3-1.
Nothing in this Section shall be deemed to apply to or authorize the destruction of any records that are required to be retained by local, State or federal law.
(Amended by Ord. 583-81, App. 12/10/81; Ord. 530-88, App. 12/16/88; Ord. 278-96, App. 7/3/96; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020)
(a) The words "sound recordings," as used in this Section, mean the routine daily taping and recording of telephone communications to and from a department of the City and County of San Francisco and all radio communications relating to the operations of that department.
(b) The San Francisco Municipal Railway shall retain sound recordings relating to its operations for at least one year. The San Francisco Police Department and Fire Department shall retain sound recordings relating to their respective operations for at least six months.
(c) Any department not mentioned in Section 8.3-1(b) shall retain sound recordings relating to its operations for at least 100 days.
(d) Sound recordings of any department may be destroyed or otherwise disposed of at any time upon authorization of the department head and the written consent of the City Attorney; provided, that the minimum time limits for retention set forth in this section are complied with and provided further that in the event that sound recordings maintained by a department are evidence in any claim filed or any pending litigation, such recordings shall be preserved until pending litigation is resolved.
(Added by Ord. 583-81, App. 12/10/81)
"Records," as defined in Section 8.1 of this Code, shall for the purposes of this Chapter be divided into three classifications: current records, storage records and permanent records.
"Current records" are records which for convenience, ready reference or other reason are retained in office space and equipment of the department involved.
"Storage records" are records which need not be retained in office space and equipment of the department involved, but which must be, or should be, prudently preserved for a time or permanently in the facilities of a records center, as specified in the following section.
"Permanent records" are records required by law to be permanently retained. Unless otherwise required by law or regulation, permanent records shall be stored by microfilming the paper records or placing them on an optical imaging storage system, placing the original film or tape in a State-approved storage vault and delivering a copy to the department. The paper records may then be destroyed.
(Ord. No. 7070(1939), Sec. 3; amended by Ord. 530-88, App. 12/16/88)
The Director of Administrative Services shall provide for the establishment, maintenance and operation of a records center for the orderly storage, care, management and safeguarding of storage records of the departments and offices of the City and County and of the San Francisco Unified School District and for the destruction of storage records pursuant to retention and destruction schedules prepared and approved as provided in Section 8.3 of this Code. The Director of Administrative Services may establish, maintain and operate such a records center as a function of one of the departments under the Director of Administrative Services' jurisdiction or, in lieu thereof may contract with a reputable and experienced archival firm to establish, maintain and operate such a records center and to provide retrieval and accession services.
A representative of the Director of Administrative Services may also be available as a consultant to departments in the formulation of paper records storage alternatives such as microfilming and optical imaging records storage systems.
Within two years from the effective date of such contract, and at three-year intervals thereafter, the Director of Administrative Services shall have prepared for public hearing at the Board of Supervisors a report on the merits and demerits of the contract as compared with a municipal records center. Any of the departments or offices of the City and County and the San Francisco Unified School District may elect to use the facilities of the records center for its storage records provided that: (a) copies of an approved schedule for systematic retention and destruction of records shall first be delivered to the Director of Administrative Services and to the records center; and (b) the cost for the use of the records center facilities shall be the obligation of, and be paid by, the department or office using the facilities or by the San Francisco Unified School District if it shall use the facilities.
(Amended by Ord. 111-76, App. 4/1/76; Ord. 530-88, App. 12/16/88; Ord. 278-96, App. 7/3/96)
(a) Before any book, document, photograph, map, architectural drawing, record, bond certificate, or other material of historical significance is destroyed, the following procedure shall be observed:
(1) It shall be offered by the officer concerned, i.e., the Mayor or the Mayor's designee, or by boards or commissions for departments under their respective jurisdiction, to the San Francisco History Room of the San Francisco Public Library;
(2) Such items not accepted by the San Francisco Public Library may be sold by the office of the Mayor, together with copies thereof;
(3) In the event the Public Library declines to accept said historical material, or after sale thereof by the Mayor, any remaining such historical material may be offered to an historical society.
(b) After all the steps outlined in Paragraph (a) above have been observed, any remaining historical records, as well as any large volume of records without historic significance which are to be destroyed, shall be offered for sale by the City Purchaser. The sales contract must provide that the buyer guarantees to the satisfaction of the City Purchaser that the records will be shredded beyond identification or otherwise destroyed within a short period of time after taking delivery.
(Amended by Ord. 306-72, App. 10/19/72; Ord. 70-95, App. 3/24/95; Ord. 278-96, App. 7/3/96; Ord. 260-99, File No. 991365, App. 10/15/99)
The City Attorney is authorized to destroy or otherwise dispose of any and all obsolete law books or other published legal materials in his or her possession or control which have been a part of the library of the office of the City Attorney once such materials have been superseded or are otherwise determined to be obsolete.
(Ord. No. 3646(1939), Sec. 1; amended by Ord. 330-00, File No. 001964, App. 12/28/2000)
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