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HomeMy WebLinkAbout2000-002 . ,.., IDA RESOLUTION NO. 2000-002 A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA ESTABLISHING A RECORDS RETENTION SCHEDULE FOR THE AUTHORITY AND APPROVING THE DESTRUCTION OF RECORDS IN ACCORDANCE THEREWITH WHEREAS, Government Code sections 34090 and 91526(e) and other law in general authorizes the head of a department to destroy any Authority record, document, instrument, book or paper under his or her charge, without making a copy thereof, atter the same is no longer required, with the approval of the Authority Board by resolution and the written consent of the Authority Attorney; and WHEREAS, the Authority Board of Directors desires to establish a retention schedule for records under the control of the executive officers in charge of various Authority agencies, departments and offices and to approve destruction of records in accordance therewith; and WHEREAS, the staff of the Authority is the same as the staff of the City of ~ Santa Ana; and WHEREAS, the City of Santa Ana, by adoption of Resolution No. 98-088 has established a Citywide Records Retention Schedule for all public records generated or maintained in the course of the City's business, but which does not by its own terms apply to public records generated or maintained by the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Definitions For purposes ofthis resolution, the following terms shall have the following meanings: "Authority" means the Industrial Development Authority of the City of Santa Ana, a public corporate instrumentality of the State of California established by Government Code section 91520, and whose Board of Directors consists of the City Council of the City of Santa Ana, pursuant to Government Code section 91523. ,.., Resolution No. 2000-002 Page 1 of 5 "Department" means an agency, department or office of the administrative staff of the Authority. ..J "Department head" means the executive officer in charge of a department. "Citywide Records Retention Schedule" means that retention schedule for documents generated by the City of Santa Ana, City Resolution No. 98-088, as it may be amended by the City Council of the City of Santa Ana from time to time. "Original" means the initial production of a record in its final form. It does not include preliminary dratts or subsequent photocopies. In the case of a signed document, the original is the document which was actually signed by the person or persons signing the document. "Public records" are writings in the custody of the Authority and containing information relating to the conduct of the business of the Authority. "Public record" does not include transitory writings. "Transitory writing" is a writing having no reason for retention atter the purpose for which it was created has expired, such as routing slips, notices of meetings or events, writings retained solely for tickler, suspense or follow-up purposes, preliminary work materials, writings which have been superseded by subsequent writings, computer print-outs which are produced solely for temporary purposes, and the like. ...J 'Writing" means a document in written or printed form. 2. PurDose The purposes of this resolution are as follows: A. To assure that public records are not destroyed while they still serve a useful purpose. B. To avoid the loss of room and shelf space caused by the retention of public records which no longer serve a useful purpose. C. To provide guidelines to Authority staff as to when public records may safely be destroyed. D. To avoid the necessity of requesting Authority Board of Directors approval for each individual case of public records destruction. """ Resolution No. 2000-002 Page 2 of5 ,.., 3. ~ ~ E. To avoid the establishment of different and distinct rules for retaining public records generated by the City of Santa Ana from those generated by the Authority, and thereby avoid confusion for both the Authority and the public it serves. ScoDe A. This resolution is limited to originals of public records, except as otherwise provided in subsection 3.B. below. The department heads are authorized to establish rules or schedules for the destruction of copies of public records held within their respective departments which are not originals or copies subject to subsection B of this section. B. Whenever the original of a public record is sent to a location outside the custody of the Authority (as, for example, correspondence from an Authority officer or employee to a person outside of the Authority), one copy of that record shall be retained by the department sending the record as if it were the original of that record. C. This resolution is also limited to public records which are in the form of writing on paper or microfilm or microfiche. 4. Authorization for destruction of records A. Exhibits A through M, as attached to the Citywide Records Retention Schedule, and as they may be amended from time to time by the City Council of the City of Santa Ana, provide retention schedules for various types of public records, are on file with the Clerk of the Council of the City of Santa Ana and are hereby incorporated by this reference as though fully set forth. Subject to the provision of subsection 4.B. below, each department head may authorize the destruction of a public record or class of public records which is within the custody of his or her department and which is listed in the exhibits to the Schedule at any time atter the time specified for retention of that record in the exhibits has expired. In the case of any potential inconsistency or interpretation question in applying the Citywide Records Retention Schedule to Authority public records, the consent or lack of consent of the Authority Attorney to the destruction of the record, as provided for herein shall be binding. The department head may require the retention of any public record or class of public records beyond the period established for the Resolution No. 2000-002 Page 3 of 5 retention of such records by exhibits to the Schedule, whenever, in his or her opinion, the continued maintenance of such records is in the best interest of the Authority. No record shall be destroyed without the written consent of the Authority Attorney. ...J B. Prior to authorizing the destruction of any public record, the department head shall submit a list of the records proposed for destruction to the Authority Attorney for his or her consent to such destruction. This resolution constitutes the consent of the Authority Board of Directors for the destruction of the public records in accordance with such retention schedules, and no further resolution of the Authority Board of Directors shall be required for such destruction. ADOPTED this 19th day of June ,2000. ATTEST: //'-" ,,/"- M;~ Chair ...J n.yt::l Ave Ave Aye Ave Ave Not Votinq APPROVED AS TO FORM: Joseph w. Fletcn ' Authority Attomey ~ - I . ' L/ BOARDMEMBERS: Pulido Lutz Bist Christy Franklin McGuigan Moreno """ Resolution No. 2000-002 Page 4 of 5 ,.., CERTIFICATE OF ORIGINALITY I, Patricia E. Healy, Secretary of the Authority, do hereby certify the attached Resolution No. 2000-002 to be the original resolution adopted by the Board of the Industrial Development Authority on June 19. 2000. "'- ~~.d ti ./L Secreta of the Authority ) Industrial Development Authority Date: 7 - /1-'" C/..x;) ,.., ~ Resolution No. 2000-002 Page 5 of 5