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HomeMy WebLinkAbout2010-04-08 - Resolution No. 10-08RESOLUTION NO. 10 -08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A RECORDS RETENTION SCHEDULE AND AUTHORIZING DESTRUCTION OF CERTAIN DISTRICT RECORDS AND RESCINDING RESOLUTION NO. 95 -04 WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operations of the Yorba Linda Water District; and WHEREAS, Section 60200 of the California Government Code provides that the legislative body of a special district may authorize at any time the destruction or disposition of any duplicate record, paper, or document, the original or a permanent photographic records of which is in the files of any officer or department of the District; and WHEREAS, Section 60201 of the California Government Code provides that the legislative body of a special district may destroy or dispose of any record that is not expressly required by law to be filed and preserved if it 1) adopts a resolution finding that destruction or disposition of the category of records will not adversely affect any interest of the district or of the public and 2) maintains a list, by category, of the types of records destroyed or disposed of that reasonably identifies the information contained in the records in each category; and WHEREAS, the District has a procedure to maintain a list, by category, of the types of records destroyed or disposed of that reasonably identifies the information contained in the records in each category NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: Section 1 The Board hereby adopts the records retention schedule attached hereto as "Exhibit A" (the "Records Retention Schedule ") and incorporated herein by this reference, to serve as the records retention schedule for the District; Section 2. The Board of Directors finds that the destruction or disposition of the records series that have exceeded the retention periods as set forth in the Records Retention Schedule will not adversely affect any interest of the District or the public. Resolution No. 10.08 Adopting a Records Retention Schedule and Authorizing Destruction of Certain District Records ' Section 3. The records of the District, as set forth in the Records Retention Schedule are hereby authorized to be destroyed as provided by Section 60201 et seq. of the California Government Code and in accordance with the provision of said schedule in accordance with District policies and procedures, without further action by the Board of Directors of the District. Section 4. District staff shall maintain a list, by category, of the types of records destroyed or disposed of that reasonably identifies the information contained in the records in each category Section 5. With the consent of District Counsel and General Manager, updates are hereby authorized to be made to the Records Retention Schedules without further action by the Board of Directors of the District. Section 6. The destruction of any record as provided for herein shall be by burning, shredding, or other effective method of destruction and said destruction shall be witnessed by the Secretary of the District or the designee of the Secretary Section 7. For purposes of this policy and the Records Retention Schedule, "record" means any record consisting of a "writing" as defined by subdivision (g) of Government Code Section 6252. ' Section 8. As set forth in Government Code Section 60201(d), notwithstanding anything to the contrary in the Records Retention Schedule, the District may not destroy or dispose of any record that is any of the following: (1) Relates to formation, change of organization, or reorganization of the District. (2) An ordinance adopted by the District. However, an ordinance that has been repealed or is otherwise invalid or unenforceable may be destroyed or disposed of five years after it was repealed or became invalid or unenforceable. (3) Minutes of any meeting of the District's Board of Directors. (4) Relates to any pending claim or litigation or any settlement or other disposition of litigation within the past two years. Resolution No. 10 -08 Adopting a Records Retention Schedule and Authorizing Destruction of Certain District Records 2 ' (5) Is the subject of any pending request made pursuant to the California Public Records Act (Chapter 3.5 (commencing with Government Code Section 6250) of Division 7 of Title 1), whether or not the District maintains that the record is exempt from disclosure, until the request has been granted or two years have elapsed since the District provided written notice to the requester that the request has been denied. (6) Relates to any pending construction that the District has not accepted or as to which a stop notice claim legally may be presented. (7) Relates to any nondischarged debt of the District. (8) Relates to the title to real property in which the District has an interest. (9) Relates to any nondischarged contract to which the district is a party (10) Has not fulfilled the administrative, fiscal, or legal purpose for which it was created or received. (11) Is an unaccepted bid or proposal, which is less than two years old, for the construction or installation of any building, structure, or other public work. ' (12) Specifies the amount of compensation paid to District employees or officers or to independent contractors providing personal or professional services to the District, or relates to expense reimbursement to District officers or employees or to the use of District paid credit cards or any travel compensation mechanism. However, a record described in this paragraph may be destroyed or disposed of seven years after the date of payment. Section 9. This resolution shall become effective immediately upon its passage and adoption. Section 10. That Resolution No. 95 -04 is hereby rescinded. Resolution No. 10 -08 Adopting a Records Retention Schedule and Authorizing Destruction of Certain District Records 3 ' PASSED AND ADOPTED this 8th day of April 2010, by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Mills and Surnmerfield NOES: :none ABSTAIN: None ABSENT gone ATTEST Ken Vecchiarelli, Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman, Esq. McCormick, Kidman & Behrens % William R. Mills, Pr siden Yorba Linda Water District Resolution No 10 -08 Adopting a Records Retention Schedule and Authorizing Destruction of Certain District Records 4 EXHIBIT A PLEASE CONTACT YLWD RECORDS DIVISION FOR THIS ATTACHMENT (714) 701-3101 records@ylwd.com