4684FOLLOWS:
ORDINANCE NO. 4634
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW CHAPTER 1.10 TO TITLE 1 AND REPEALING
SECTION 1.12.080 OF CHAPTER 1.12 OF TITLE 1
OF THE ANAHEIM MUNICIPAL CODE RELATING TO
RECORDS MANAGEMENT.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That new Chapter 1.10 be, and the same is hereby, added
to Title 1 of the Anaheim Municipal Code to read as follows:
"CHAPTER 1.10
RECORDS MANAGEMENT
SECTION 1.10.010 ESTABLISHMENT AND ADMINISTRA-
TION OF RECORDS MANAGEMENT
PROGRAM.
The City Clerk of the City of
Anaheim is hereby authorized to establish and
administer a Records Management Program for the City of
Anaheim in accordance with all applicable requirements
of law including the provisions of this Chapter. Said
Records Management Program shall include, but not
necessarily be limited to, a systematic plan to
preserve and keep in order all records of the City of
Anaheim as may be required by law or as may be
necessary for conduct of the business of the City with
the purpose of achieving the following goals:
.010 Release space and reduce the
need for storage and filing equipment;
.020 Establish an efficient
retrieval operation for both active and inactive
municipal records;
.030 Provide for routine
disposition of paperwork; and
.040
municipal records.
SECTION 1.10.020
Maintain security over
CITATION OF CHAPTER.
This Chapter shall be known
and may be cited as the Records Management Program of
the City of Anaheim, California.
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SECTION 1.10.030 DEFINITIONS
For purposes of this
Chapter, the following words, terms and phrases shall
have the meanings ascribed herein:
'Active Records' means those records in current use
which are retained in various City departments or
offices because frequent reference is necessary in the
conduct of day-to-day operations.
'Inactive Records' means those records which are seldom
referred to, but which must be retained, temporarily or
permanently, because of legal, fiscal, administrative,
or archival requirements or value.
'Municipal Records' means all records, whether of
public or private origin, maintained or retained by the
City of Anaheim in the conduct of the public business.
'Public Records' means any public record as defined in
Section 6252 of the Government Code of the State of
California or any successor provision thereto.
'Records' means any writing, regardless of physical
form or characteristics, in the custody of a public
officer of the City of Anaheim and containing
information relating to the conduct of the public's
business which is kept either (1) because of any
requirement of law or (2) because it is necessary or
convenient to the discharge of the public officer's
duties and made or retained for the purpose of
preserving its informational content for public
reference.
'Records Management Program' means a plan formulated to
establish a City-wide system that achieves integrated
control of all departmental subsystems so that an
orderly and efficient flow of paperwork is provided
from creation to ultimate disposition.
'Records Series' means records accumulated over a
period of time and arranged in an organized file or set
of files which can be described, handled, and disposed
of as a unit. A records series may consist of records
of a single type or format, or of records kept together
because they relate to a particular subject or result
from one activity.
'Writing' means any handwriting, typewriting, printing,
photostating, photographing, and every other means of
recording upon any form of communication or
representation, including letters, words, pictures,
sounds, or symbols, or combination thereof, and all
papers, maps, magnetic or paper tapes, photographic
films and prints, magnetic or punched cards, discs,
drums, and other documents.
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SECTION 1.10.040 RESPONSIBILITIES OF CITY CLERK.
The City Clerk shall have
responsibility for, but not necessarily limited to, the
following areas of records management:
.010 Development and circulation of
such rules, regulations and policies as may be necessary
and proper to implement and maintain the City of
Anaheim's Records Management Program;
.020 Development and implementation
of a Confidentiality Policy for all inactive records
designated confidential and in the physical custody of
the City Clerk's Office, providing such policy does not
conflict with any federal or state statutes;
.030 Provision and maintenance of
the Anaheim Municipal Records Center (AMRC) to store and
preserve inactive records prior to disposition;
.040 Development of a retention and
disposition schedule for all municipal records;
.050 Consultation and assistance to
City departments in all areas of records management,
including active records maintenance, transfer, and
disposition;
.060 Provision of the Anaheim
Archives for the permanent preservation of historical
records; and
.070 Development and institution of
a Vital Records Program to ensure the safety of
essential records in the event of a disaster.
SECTION 1.10.050 OWNERSHIP OF MUNICIPAL RECORDS;
RESPONSIBILITIES OF OFFICERS
AND EMPLOYEES.
.010 All records created or received
by a City department shall remain the property of the
City of Anaheim. The department head of each City
department shall be deemed the legal custodian of
records of all records maintained in such department.
The City Clerk shall be deemed the legal custodian of
records of all records transferred to the Anaheim
Municipal Records Center or Anaheim Archives.
.020 It shall be the duty of each
officer and employee of the City of Anaheim to protect,
preserve, store, and/or transfer, municipal records in
accordance with state and federal statutes, this chapter
and the rules promulgated and approved by the City Clerk.
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SECTION 1.10.060
.010
Micrographics Program:
MICROGRAPHICS OF MUNICIPAL
RECORDS.
Definitions of the
'Index' means a list describing the items of a
collection and where they may be found; a catalog.
'Microfilm' means a film containing photographic records
or images considerably reduced in size from the original
material filmed; this term also includes microfiche.
'Microform' means a generic name for any medium
containing microimages, i.e. reduced images.
'Microform Record' means any record preserved in one of
the various formats of microfilm.
'Micrographics' means the art of reducing any form of
information to a microform medium. Also termed
microphotography or microfilming.
'Micrographics Officer' means the City Clerk or any
department head of a department of the City having
custody and control of any municipal record.
.020 Any Micrographics Officer is
authorized to provide a micrographics operation which
accurately and permanently copies, reproduces, or
originates on microform media any municipal record of
the City of Anaheim under such Micrographics Officer's
custody and control.
.030 Types of Records to be Filmed.
The micrographics operation
under the direction of any Micrographics Officer may be
applied to any municipal record of the City of Anaheim
provided such record can be reproduced on film with full
legibility. Any microform records created pursuant to
the authorization of this Chapter shall be deemed under
the custody and control of the Micrographics Office
responsible for creating such microform records.
.040 Indices to Microform Records.
The Micrographics Officer
having custody and control of any microform records
shall index said microform records.
Sm
.050 Micrographic Standards.
The record shall be
photographed, microphotographed or reproduced on film of
a type approved for permanent photographic records by
the National Bureau of Standards. The device used to
reproduce such records on film shall be one which
accurately and legibly reproduces the original thereof
in all details. A true copy of archival quality of such
film shall be kept in a safe and separate place for
security purposes.
.60 Certification of Microform
Records.
The Micrographics Officer
responsible for creating such records shall check and
certify that each microform record is a true and correct
duplication of the original municipal record.
.70 Public Access to Microform
Records.
The microform records shall be
made as accessible for public reference as the records
in their original form; provided, however, that such
records shall be deemed public records available for
public inspection only to the extent provided by law.
SECTION 1.10.070 DESTRUCTION OF MUNICIPAL
RECORDS.
.010 Each City department shall
develop a Records Retention Schedule for all municipal
records in the custody of such department. Said
schedule shall be deemed the official Records Retention
Schedule for such department upon approval thereof by
the City Council.
.020 Following expiration of the
retention period specified in the Records Retention
Schedule for any record in the custody of any City
department, the department head of such department, upon
a finding that such record is no longer required, may
request preparation of a resolution by the City Attorney
authorizing the destruction of such record without the
making of a copy thereof. Said resolution shall require
the approval of the City Attorney and the City Council.
Nothing contained herein shall authorize the destruction
of any record except as the same may be authorized by
the provisions of Article 4 of Chapter 1 of Division 1
of Title 4 (commencing with Section 34090) of the
Government Code of the State of California.
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.030 Any municipal record other than
audio recordings may be destroyed without otherwise
complying with the requirements of Subsection .020 above
provided such record is preserved in microform in the
manner specified in Section 34090.5 of the Government
Code, Section 1.12.060 of this Code, and in accordance
with any other requirement of law.
SECTION 1.10.080 DESTRUCTION OF DUPLICATES OF
MUNICIPAL RECORDS.
Municipal records which are
kept and maintained by a City department which are
duplicates of records kept and maintained by another
City department may be destroyed by the department
keeping and maintaining such duplicates without
complying with the provisions of Section 1.10.070 of
this Code under the following procedure:
.010 The department head of the City
department desiring to destroy such duplicate records
shall find in writing that such records are no longer
needed by his department and obtain the certification of
the department head of the department which will
continue to keep and maintain said records ('master
records') that such master records are being kept and
maintained by such department.
.020 Following receipt of the
certification specified in Subsection .010 above, said
duplicate records may be destroyed.
.030 A record of destruction of said
duplicate records shall be kept and maintained by the
department destroying said duplicates.
.040 The City Clerk shall prepare
and distribute forms to each City department to be used
for purposes of this Section.
.050 Nothing contained in this
Section shall be deemed to prohibit the destruction of
master records by any department upon compliance with
the provisions of Section 1.10.070 of this Code.
SECTION 2.
That Section 1.12.080 of Chapter 1.12 of Title 1
be, and the same is hereby, repealed."
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have passed
all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. CERTIFICATION
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in said
City, and thirty (30) days from and after its final passage, it
shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 28th day of January, 1986.
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MA OR OF THE -C]!7 -O ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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RECORD OF DESTRUCTION
OF
DUPLICATE MUNICIPAL RECORDS
Pursuant to Section 1.10.080 of the Anaheim Municipal Code, the
undersigned, being the department head of the
Department of the City of Anaheim, hereby finds that the following
municipal records are duplicates of records currently kept and main-
tained by another City department and said records are no longer
needed by this department:
Dated:
Department Head
Pursuant to Section 1.10.80 of the Anaheim Municipal Code, the
undersigned, being the department head of the
Department of the City of Anaheim, hereby certifies that the herein-
above specified municipal records are being kept and maintained by
this department.
Dated:
Department Head
The undersigned hereby certifies that the hereinabove specified
municipal records were destroyed by the
Department on , 19 pursuant to the provisions
of Section 1.10.080 of the Anaheim Municipal Code.
Dated:
THIS RECORD OF DESTRUCTION SHALL BE MAINTAINED ON FILE
IN THE DEPARTMENT DESTROYING SUCH DUPLICATE RECORDS.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4684 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 21st day of January, 1986,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 28th day of January, 1986, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4684 on the 28th day of January, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 28th day of January, 1986.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4684 and was published once in the
Anaheim Bulletin on the 7th day of February, 1986.
CITY CLERK