CC Resolution No. 20-001 Declaring a Trusted System for the Management of Records and the Automation of Retention Requirements and Adopting the Trusted Electronic System Policy Instituting City RESOLUTION NO. 20-001
d
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
DECLARING A TRUSTED SYSTEM FOR THE MANAGEMENT OF RECORDS
AND THE AUTOMATION OF RETENTION REQUIREMENTS AND ADOPTING
THE TRUSTED ELECTRONIC SYSTEM POLICY INSTITUTING THE CITY'S
STANDARDS FOR PROPER MANAGEMENT OF RECORDS
WHEREAS,the keeping of numerous records is not required after a certain period
of time for the effective and efficient operation of government of the City of Cupertino;
and
WHEREAS, Section 34090, et seq, of the Government Code of the State of
California provides parameters whereby any City Record which has served its purpose
and is no longer required may be destroyed; and
WHEREAS, California Government Code Section 12168.7 provides uniform
statewide standards for storing documents in electronic medium; and
WHEREAS,the California Secretary of State has adopted requirements governing
the recording, storing and reproducing of records in electronic media where the intent is
to destroy the original hardcopy and maintain the electronic copy as the official record;
and
WHEREAS, the City Clerk and Information Technology Departments have 1
worked together to ensure the .City's document management system, and all Records I
stored within the system, are kept in accordance with the State's "Trusted System"
requirements; and
WHEREAS, on January 21, 2020, the City Council adopted Resolution No. 20-001
updating the Retention Schedule which established the requirements for retaining City I
Records in active and inactive files, and for disposing of Records when they are no longer
needed for administrative, fiscal, historical, or legal purposes; and
WHEREAS,the City uses Laserfiche as the repository of storing electronic Records
for the City in compliance with Gov. Code §34090.5 and stores those Records in TIFF
format; and
WHEREAS, Laserfiche has audit capabilities to track Records as they are added,
deleted and viewed in the system; and
Resolution No. 20-001
Page 2
WHEREAS, folder-level permissions and restrictions have been established in
Laserfiche to ensure only appropriate personnel have access to records; and
WHEREAS, a comprehensive Retention Schedule, Trusted System Policy, and
established procedures are vital components of a successful, systematic Records and
Information Management System; and
WHEREAS, a Trusted System consists of adopted policies, procedures and
technology that meet the State of California requirements; and
WHEREAS, procedures have been developed for the implementation of the
Retention Schedule and to provide for the routine disposition of Records during the
normal course of business.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
resolve as follows:
Section 1. Laserfiche is declared the City's records storage repository; and
Section 2. Laserfiche is backed up and the backup copy is stored offsite on a
routine schedule in a format that cannot be altered; and
Section 3. The City adopts the Trusted Electronic System Policy instituting the
City's standards for proper management of Records set forth in Exhibit A,attached hereto
and incorporated herein by this reference
Section 4. The adopted Retention Schedule, Trusted System Policy, and
Laserfiche technology establish the City of Cupertino's Trusted System; and
Section 5. The City Council hereby considers electronic records stored in
Laserfiche as the City's official records and approves the destruction of paper,microfiche,
or other electronic media copies of those records upon completion of quality control (i.e.,
verification of document entirety and image quality).
Section 6. The City Manager, or his or her designee, is hereby directed to
establish training for the proper storage and administration of the Retention Schedule
and Trusted System Policy for electronically stored records for the City of Cupertino.
BE IT FURTHER RESOLVED that this Resolution is not a project under .the
requirements of the California Quality Act of 1970, together with related State CEQA
Resolution No. 20-001
Page 3
Guidelines (collectively, "CEQA") because it has no potential for resulting in physical
change in the environment. In the event that this Resolution is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen.with certainty to have no possibility that the action
approved may have a significant effect on the environment. CEQA applies only to
actions which have the potential for causing a significant effect .on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question
may have a significant effect on the environment, the activity is not subject to CEQA. In
this circumstance, adopting a resolution declaring a trusted system for the management
of records and the automation of retention requirements and adopting the Trusted
Electronic System Policy would have no or only a de minimis impact on the environment.
The foregoing determination is made by the City Council in its independent judgment.
PASSED AND.ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21st day of January 2020 by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks.
NOES: None
ABSENT: Willey
ABSTAIN: None
SIGNED-
'LfS-f-2-6
Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
sten Squarcia, City CWrk Date
Council Policy
CITY OF TRUSTED ELECTRONIC SYSTEM Attachments:
POLICY FOR THE
Is MANAGEMENT OF CITY
CUPERTINO RECORDS
Effective Date: Responsible Department:
December 17, 2019 City Clerk's Office/City Manager's
Office/IT
Related Policies & Notes:
Prior versions: 2017
PURPOSE
1
This Policy provides for a Trusted Electronic System that meets or exceeds State and federal laws
and requirements for the management of City Records, and provides guidance to employees, {
contractors,and volunteers of the City that are authorized to scan,import,create,modify or delete
Records into the Laserfiche system where the electronic Record is to serve as the City's official
Record.
SCOPE
This Policy applies to employees, volunteers, or contractors who scan, import, create, search for,
modify or delete information into the City's systems where the electronic document is to serve as
the City's official Record.
DEFINITIONS
For the purpose of this policy,the following terms are defined as provided below:
ECMS: Electronic Content Management System
Official Records: For purposes of this Policy and compliance with the Retention Schedule
an"official record"is defined as a lasting indication of a writing,event or other information,
which is in the custody of City employees or elected or appointed City officials or bodies,
and is kept either (1) because a law requires it to be kept or (2) because it is necessary or
convenient to the discharge of the City's duties and was made or retained for the purpose of
preserving its informational content for future reference.
This Policy applies to all types of records, including records in any of the following forms:
a Hard copy, including but not limited to paper documents, forms, photos,
reports,manuals,maps, drawings, microfilm, and video;and
b. Electronic form, in structured or unstructured format, including electronic
communication,and associated metadata,regardless of the location or device
upon which the information is stored.
Even though records include a broad spectrum of recorded information, not all information
held by the City is a record. Information that is not a record (for example Convenience
Information) does not require retention scheduling or destruction authorization or
reporting. To control excessive accumulation, it is necessary to keep only current, useful
materials and to destroy Convenience Information as soon as its use has been met. City staff
should take care not to file Convenience Information with records. For a list of examples of
Convenience Information see Attachment A.
Retention Period: The length of time an official record is retained, according to the Retention
Schedule.
POLICY
1. Full Compliance with Law. The City will be in full compliance with all applicable Federal
and State laws and regulations to ensure the integrity of official Records. (See Trusted
System Requirements and Recommendations as Attachment B).
2. City Clerk Responsible for City--wide Policies. The City Clerk is responsible for developing
Retention Schedule,deletion procedure,and standards for the management of City Records
in the electronic repository.
3. Electronic Official Records Must Follow Procedures. When relying on an electronic record
as the City's official record, written procedures in compliance with .this policy must be
developed and followed by each department.
4. Prior Approval for Systems. The City has purchased and supports Laserfiche as the ECMS,
which serves as the repository for the City's Official Records. No department may acquire
a system intended to store "Trusted Electronic Records," without the approval of the City
Manager, City Clerk, and Information Technology departments and a corresponding
amendment to this Policy.
5. Retention Periods Apply. Retention periods from the City's Retention Schedule for records
are to be configured into the ECMS software and a procedure created for the deletion of
records.
6. New Records Series Reduire Prior Approval. Whether scanning is done"in-house"(by City
employees,) or "outsourced" (by contracted services,) any new records series to be imaged
or which is intended to serve as the City's official record must be approved by the City Clerk
prior to commencement. Coordination with Information Technology to ensure there is
adequate space on the City's fileservers is required prior to commencing any outsourced
service bureau projects.
7. Office of Record Responsible. In general, only the department who is listed as the "Office
of Record," responsible for maintaining the City's original record,is the department who is
responsible for assuring that documents are input into the system that will serve as the
City's original record.
8. Location of Electronic Official Records Require Prior Approval. It is not desirable to store
electronic records intended to serve as the City's official record on "File Shares" (on your
shared hard drives,) or an email repository which generally support drafts or copies, and
which are difficult to store on unalterable media as required by law (or separate the final
official record from the draft or copy so they can be properly managed.) Electronic records
intended to serve as the City's official record shall be maintained in the Trusted System
repository approved by the City Clerk and Information Technology. Unofficial records or
convenience information(Attachment A)do not need to be listed on the disposition log and
may be destroyed at any time without adhering to a retention period.
9. As per the City's Technology Use Policy:
The City's e-mail system is a communications system and is not intended to be used as a
records storage system.Retaining e-mail business records to the extent that e-mail messages
constitute official business record must then be retained pursuant to the City's records
retention policy.
LASERFICHE FOLDERS
1. Records designated as "public" are to be made available to the public (Public Folder).
2. Not all records in a Department File Plan are public and must conform to allow for the
application of retention requirements. (Department Folder).
1190972.3
Attachment A
Examples of Convenience Information
• Identical copies of documents;
• Extra copies of printed or processed materials kept only for convenience or reference;
• Superseded manuals and other directives (maintained outside the office of record);
• Working papers, such as miscellaneous notices of community affairs, employee meetings,
holiday notices, library and reference materials;
• Appointment logs;
• Notes or drafts assembled or created in the preparation of other documents;worksheets,
rough drafts of letters, memoranda, or reports;
• Catalogs,trade journals and other publications or papers received from external companies or
agencies require no action and are not part of an official record;and
• Stocks of publications or blank forms that are kept for supply purposes only.
• Communications that do not meet the definition of"official records" may be destroyed
pursuant to City policy.
Attachment B
Trusted System Require ents and Recommendations
Comments/Notes
No. Requirement/Criteria Vendor
Conformance with Requirements
1 Records-lock-unalterable Laserfiche Yes
2 Deletion,expunging-capability and control Laserfiche Yes
3 Training and end user education Laserfiche Yes
4 Managing access rights Laserfiche Yes
5 Ability for Migration/Importing of documents Laserfiche Yes
6 Vendor Provides Support for Data Conversion Laserfiche Yes
7 Documents are readable Laserfiche Yes
3 Storage Technology-archival Laserfiche Yes
9 Can apply retention rules and classification Laserfiche Yes
10 Indexing/organization capabilities Laserfiche Yes
11 Version Control Laserfiche Yes
12 Security Capabilities/Controls Laserfiche Yes
13 Audit Trail Laserfiche Yes
Recommended Criteria
14 Apply and lift Holds Laserfiche Yes
15 Software-available as on premise orcloud(orboth) Laserfiche Yes
16 Offers Workflow module Laserfiche Yes
17 Can integrate with current applications Laserfiche Yes
13 Can create E-Forms(data capture) Laserfiche Yes
19 Can send links of documents rather than send copies Laserfiche Yes
20 Can integrate with Email Laserfiche Yes
21 Electronic Approvals capability Laserfiche Yes
22 Support provided by VAR Laserfiche Yes
23 Public portal module available Laserfiche Yes
24 Agenda Management module available Laserfiche Yes
25 E-Forms module for public portal available Laserfiche Yes