CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

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1 CITY OF ELK GROVE CITY COUNCIL STAFF REPORT AGENDA ITEM NO AGENDA TITLE: Adopt resolution authorizing the destruction of archived physical records kept by the City of Elk Grove Code Enforcement Division MEETING DATE: October 22, 2014 PREPARED BY: DEPARTMENT HEAD: Shane Diller, Code Enforcement Manager Rick Renfro, Chief Building Official RECOMMENDED ACTION: Staff recommends the City Council adopt the resolution authorizing the destruction of archived physical records kept by the City of Elk Grove Code Enforcement Division. BACKGROUND INFORMATION: Code Enforcement regularly generates case files related to code enforcement matters, as well as documents created in the enforcement of Building, Nuisance, Health and Safety, Zoning and other Elk Grove Municipal Codes. These file documents are required to be kept for three years beyond the life of the case, per the California Government Code. Due to the legal nature of code enforcement cases, the schedule attached to Resolution No recommends keeping these documents for three years beyond the last action related to the case. This last action could be the closing of the matter through compliance, the placing of a lien on a property, or the tax rolling of delinquent fees. 1

2 Elk Grove City Council October 22, 2014 Page 2 of 2 Resolution No authorizes the Chief Building Official to employ technological methods to provide record storage. In 2010, Code Enforcement transitioned to an electronic records management system and now keeps very few physical records. In 2013, Code Enforcement undertook the task of scanning all of its physical case files into digital format, meaning that all code enforcement files possessed by the City of Elk Grove exist digitally or electronically in City databases in perpetuity. With this in mind and in accordance with the records retention policy established in Resolution No , staff requests authorization to destroy the physical version of department records stored at the City Corporation Yard. The records in question are for cases that have been closed for the time required by policy and older than November FISCAL IMPACT: The storing of records will become a cost to the department over time. Should records not be periodically purged when appropriate, the volume of paperwork will require the rental of space to store the documents. That cost is yet to be determined and can likely be avoided with approval of this resolution. ATTACHMENTS: 1. Resolution authorizing archived physical record destruction Exhibit A - Written consent of the City Attorney to destroy records 2. Resolution No Code Enforcement Records Retention Schedule 2

3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE APPROVING THE DESTRUCTION OF RECORDS MAINTAINED BY THE CODE ENFORCEMENT DIVISION WHEREAS, the Chief Building Official is charged with the custody and safekeeping of case records related to building construction and code enforcement investigations by the City; and WHEREAS, the responsible maintenance of the City s records includes adoption policy for the retention and disposition of records; and WHEREAS, California Government Code Section requires the legislative body to approve policy for the disposition of records that are no longer required, which it has done through Resolution No adopted January 25, 2012; and WHEREAS, in accordance with Elk Grove City Council Resolution No , Code Enforcement Division physical records older than three years beyond the date the matter was closed can be disposed of as no longer being required; and WHEREAS, Code Enforcement has identified qualifying records for destruction as well as converted the physical case files to an electronic format to keep in perpetuity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk Grove hereby: 1) The records identified at Exhibit A are no longer required. 2) The City Attorney has given written consent to the destruction of the records identified and the destruction of those records is hereby authorized. 3) The City of Elk Grove Code Enforcement Division may destroy archived records kept longer that the three years beyond the life of the case required by the California Government Code and Elk Grove City Council Resolution No PASSED AND ADOPTED by the City Council of the City of Elk Grove this 22 nd day of October GARY DAVIS, MAYOR of the CITY OF ELK GROVE ATTEST: JASON LINDGREN, CITY CLERK APPROVED AS TO FORM: JONATHAN P. HOBBS, CITY ATTORNEY 3

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