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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. -1- _..... .., ,. ..e., " — ....w.... - , — a w..,.. , . , ._ . <, .... .., . _ 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. -2- 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. -3- - 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. -5- .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. 'Zd� /�� jlf� MA OR OF THE -C]!7 -O ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:fm 4562M 121885 -7- 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