CC Resolution No. 8872
r
RESOLUTION NO. 8872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING A CITY CLERK RECORDS RETENTION SCHEDULE AND
CITYWIDE SCHEDULE FOR DUPLICATE RECORDS
WHEREAS, the City Council of the City of Cupertino wishes to establish a
program for orderly records management; and
WHEREAS, an essential part of such a program is approval of a retention period
for records; and
WHEREAS, state law sets minimum retention times for public records; and
WHEREAS, the City Clerk has prepared a retention schedule, approved by the
City Attorney, for records for which her department is Office of Primary Responsibility
and for copies or duplicates of documents for all departments; and
WHEREAS, this schedule is in compliance with the laws of the State of California;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby adopts the City Clerk Records Retention Schedule (Exhibit A).
PASSED AND ADOPTED at a regular meeting of the City Council ofthe City of
Cupertino this 17th day of May ,1993,bythefollowingvote:
Vote
Members ofthe City Council
AYES:
Dean, Goldman, Koppel, Sorensen, Szabo
NOES:
None
ABSENT:
None
ABSTAIN:
None
RESOLUTION NO. 8872
APPROVED:
/s/ Nick Szabo
Mayor, City of Cupertino
ArrEST:
/s/ Dorothy Cornelius
City Clerk
CITY CLERK RECORDS RETENTION SCHEDULE
Documents listed in this retention schedule are based on original docwnents. As noted in the first entry, copies or duplicates of docwnents 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.
ation/I ents
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
RETENTION/DISPOSITION
Office Inactive Micro- Total
Area Area 1lII Retention
DIR no DIR
cords Destructiol
COPIES or DUPLICATES
of docwnents for which a
department is not the office
of primary responsibility
City-wide
-
...
c::z:
......
g¡:j
::z:
;:..c
..J
...
..
GC 34090
GC 34090
GC 34090
GC 34090
yes P
no 2
yes P
no 2
no C+2
2 3
2 0
2 3
1 I
C+2
General
Departmental and
Subject Files
Historical
General
Contracts, leases,
insurance, franchises;
Exemption: P&R
instructors
Court matters
cc
should be verified
legal references
therefore all
Caution: Retention requirements are temporal and may change as laws are created or amended;
annually or when records are being prepared for destruction
.ts
Ex
RETENTIONIDISPOSlTION
Office Inactive Micro- Total
Um ~tention
GC 34090
GC 34090
GC 34090
GC 34090
P
2
P
2
yes
no
yes
no
2
2
2
2
Qtion
City Council, Boards &
Commissions
Historical
General
Minutes, Ordinances &
Resolutions
Agenda·
ecords Dest
CC
GC 34090
GC 34090
P
P
yes
yes
2
2
Vital Records
property Records (deeds,
covenants, etc.)
Budgets Annual Financial
Reports, City Compensa-
tion Plans
cc
GC 34090
GC 34090
GC 34090
GC 34090
GC 34090
P or R,S
S,R
2
2
Tape
Microfilm
Recordings
Microfilm
_ Vital Records
_ Important Records
Tape Recordings
_ Council meetings··
_ Other meetings, hearings,
etc.
&
CClDept
purpose
of the meeting
should be verified
be destroyed at any time if the
the preparatioll of the minutes
recording may
to facilitate
are created or
Retain with proof of posting.
*
The tape
was solely
Atty Gen Opinion 80-1006 (4/17/81):
for which it was made and retained
amended; therefore all legal references
**
Caution: Retention requirements are temporal and may change as laws
IIU1ually or when records are being prepared for destruction
men~
RETENTIONIDISPOSITION
Office Inactive Micro- Total
ea 1etenilim
GC 8l009(b)
Can be microfilmed after 2 years (g)
GC 81009 (c)
May be microfilmed after 2 years (g)
(b)
(f)
GC 81009
GC 81009
P
5
4
7
yes
yes
yes
yes
3
2
5
2
2
2
2
GC 8l009(e)
May be microfilmed after 2 years (g)
7
yes
5
2
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 other campaign
statements (committees,
candidates)
Statements of Termination
_ Recipient Committees &
Candidates
Records Destructio
I':
cc
filed with FPPC who
GC 81009 (e); originals are filed with City
May be microfilmed after 2 years (g)
created or amended; therefore all legal references should be verified
are
GC 81009 (f); originals
retains 7 years
4
7
yes
yes
are
2
5
Caution: Retention requirements are temporal and may change as laws
annually or when records are being prepared for destruction
2
2
ConOict of Interest
Statements (i.e. Statements
of Economic Interests)
Mayor, Council, Manager,
Attorney, Treasurer,
Planning Commissioners
& candidates for these
offices (721 Forms)
Employees of City
RETENTIONIDISPOSITION
Office Inactive Micro- Total
Records Destruction Area Area Film Retention ments
CC Election Files
Municipal elections (e.g.. 4 4 yes 8 GC 34090; period for retention set by goveming
nominating papers & other body
documents not covered by
E.C. 17133
General election 2 0 no 2 GC 34090; period for retention set by goveming
correspondence, body
information & forms
CC Elections·
Ballots after election no 6 mos. EC 14811 subsequent to the date of the declaration
of the results of the election
Code of Fair Campaign
Practices no 30 days EC 12523 after election
Petitions:··
- Initiative, Referendum, no 8 mos. EC 14700, 14900 after certification of election results
Recall or Clerk's fmal examination
. Re election time frames, these apply unless legal action is instituted involving the material as evidence.
.. Not a public record: Petitions found to be insufficient are open only to proponents and their representatives.
Caution: Retention requirements are temporal and may change as laws are created or amended; therefore all legal references should be verified
~ually or when records are being prepared for destruction
OPR - Office of Primary Responsibility
key: Destroy when no longer required DIR
Completion plus _ years C+
Da~ ~
Review R
Supersedes S
Permanent P
Elections Code EC
Government Code GC
Recycle RC
SUtl9Øted retention I~hedule based on minimum retention oeriods
'.
.