CC Resolution No. 8894
RESOLUTION NO. 8894
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING RESOLUTION NO. 8872 ESTABLISIllNG CITY CLERK
RECORDS RETENTION SCHEDULE
WHEREAS, the City Council has adopted a retention schedule for records held by
the office of the City Clerk; and
WHEREAS, upon review of that schedule it was deemed prudent to amend it to
include separate mention of Claims Against the City and Certificate of Destruction of
Records;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cupertino that the City Clerk Records Retention Schedule is amended as per attached
Exhibit "A".
PASSED AND ADOPTED at a regular meeting of the City Council ofthe City of
Cupertino this 7th day of June , 1993, by the following vote:
Vote Members of the City Council
A1fES: Goldman, Sorensen, Szabo
NOES: None
ABSENT: Dean, Koppel
ABSTAIN: None
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
ArrEST:
/s/ Dorothy Cornelius
City Clerk
RETENTIONIDISPOSITION
Office Inactive Micro- Total
ea Film Retenti
omm_ents
Ex
Records Destruction
PR
CITY CLERK RECORDS RETENTION SCHEDULE
Documents listed in this retention schedule are based on original documents. As noted in the first entry, copies or duplicates of documents for which a
department is not the office of primary responsibility may be destroyed when no longer needed. Final retention periods have been established after
consulting with legal counsel.
RETENTIONIDISPOSITION
Office Inactive Micro- Total
It is the policy of the City that duplicate and copies
distributed to various departments for infonnational
purposes may be destroyed by the departments
whenever they are no longer required for reference
purposes
DIR
no
RecoI
COPIES or DUPLICATES DIR
of documents for which a
department is not the office
of primary responsibility
PR
City-wide
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Caution: Retention requirements are temporal and may change as laws are created or amended; therefore all legal references should be verified
annually or when records are being prepared for destruction
GC 34090
GC 34090
GC 34090
GC 34090
GC34090
P
2
P
2
C+2
C+2
yes
no
yes
no
no
no
3
o
3
I
2
2
2
I
C+2
C+2
General
Departmental and
Subject Files
Historical
General
Contracts, leases,
insurance, franchises;
Exemption: P&R
instructors
Court matters
Claims against the City
cc
RETENTIONIDISPOSITION
Office Inactive Micro- Total
Area 'Im .etenti
ati
GC 34090
GC 34090
GC 34090
GC 34090
P
2
P
2
yes
no
yes
no
2
2
2
2
Records Destructio
City Council, Boards 8<
Commissions
Historical
General
Minutes, Ordinances &.
Resolutions
Agenda·
PR
CC
GC 34090
GC 34090
GC 34090
P
P
P
yes
yes
yes
2
2
2
Vital Records
Property Records (deeds,
covenants, etc.)
Budgets Annual Financial
Reports, City Compensa-
tion Plans
Certificate of Destruction
of records
cc
GC 34090
GC 34090
GC 34090
GC 34090
GC 34090
P or R,S
S,R
2
2
Microfilm 8< Tape
Recordlnls
Microfilm
- Vital Records
- Important Records
Tape Recordings
- Council meetings··
Other meetings, hearings,
etc.
CClDept
The tape
was solely
Retain with proof of posting
Atty Gen Opinion 80-1006 (4/17/81):
for which it was made and retained
*
**
purpose
of the meeting
should be verified
legal references
time if the
the minutes
therefore all
any
of
destroyed at
preparation
amended;
be
the
recording may
to facilitate
are created or
Caution: Retention requirements are temporal and may change as laws
annually or when records are being prepared for destruction
RETENTION/DISPOSITION
Office Inactive Micro- Total
ea' Area FiI Retention
(g)
omments
GC 81009(b)
Can be microfilmed after 2 years
GC
(b)
009(f)
GC 81009
Ex
81
P
5
4
yes
yes
yes
3
2
2
2
2
Destruction
FPPC Reports
Campaign Statements
- Mayors, Council
members, candidates for
these offices & committees
- Unsuccessful mayor,
council candidates &
supporting committees
- Copies of statements
filed with Clerk as filing
officer
- All
Records
PR
cc
(g)
after 2 years
GC 81009 (c)
May be microfilmed
7
yes
5
2
other campaign
(committees,
GC 81009(e)
May be microfilmed after 2 years
7
yes
5
2
statements
candidates)
Statements of Tennination
- Recipient Committees &
Candidates
(g)
filed with FPPC who
GC 81009 (e); originals are filed with City
May be microfilmed after 2 years (g)
amended; therefore all
legal references should be verified
are
originals
GC 81009 (f);
retains 7 years
4
Caution: Retention requirements are temporal and may change as laws are created or
annually or when records are being prepared for destruction
7
yes
yes
2
5
2
2
Conflict of Interest
Statements (i.e. Statements
of Economic Interests)
Mayor, Council, Manager,
Attorney, Treasurer,
Planning Commissioners
& candidates for these
offices (721 Fonns)
Employees of City
RETENTIONIDISPOSITION
Office Inactive Micro- Total
Area Area Film Retention
govemmg
by
set
ents
retention
for
34090; period
Ex
GC
body
8
yes
4
4
Records Destruction
Election Files
Municipal elections (e.g..
nominating papers & other
documents not covered by
E.C. 17133
PR
cc
govemmg
by
set
34090; period for retention
GC
body
2
no
o
2
General election
correspondence,
infonnation & fonns
EC 148 II subsequent to the date of the declaration
of the results of the election
6 mos.
no
Elections·
Ballots after election
cc
Campaign
Fair
Code of
Practices
results
12523 after election
EC 14700, 14900 after certification of election
or Clerk's final examination
is instituted involving the material as evidence.
are open only to proponents and their representatives.
amended; therefore all legal references should be verified
EC
30 days
8 mos.
Caution: Retention requirements are temporal and may change as laws are created or
annually or when records are being prepared for destruction
no
no
Petitions: ..
- Initiative, Referendum,
Recall
Re election time frames, these apply unless legal action
Not a public record: Petitions found to be insufficient
*
**
OPR - Office of Primary Responsibility
key: Destroy when no longer required DfR
Completion plus _ years C+
D~s ~
Review R
Supersedes S
Pennanent P
Elections Code EC
Government Code GC
Recycle RC
SUil.flSted retention srbedule based on minimum retention oeriods