5608ORDINANCE NO. 5608
AN ORDINANCE OF THE CITY OF ANAHEIM
REPEALING AND ADDING CHAPTER 1.10 TO
TITLE 1 OF THE ANAHEIM MUNICIPAL CODE
RELATING TO RECORDS MANAGEMENT
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. That Chapter 1.10 of Title 1 of the Anaheim
Municipal Code be, and the same is hereby, repealed.
SECTION 2. 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
"1.10.010 ESTABLISHMENT AND ADMINISTRATION 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 Maintain security over municipal records.
1.10.020 CITATION OF CHAPTER.
This chapter shall be known and may be cited as the Records
Management Program of the City of Anaheim, California.
1.10.030 DEFINITIONS.
For purposes of this chapter, the following words, terms and
phrases shall have the meanings ascribed herein:
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"Anaheim Archives" means the collection of documents,
pictures, writings, and memorabilia determined to be of
historical interest and value to the City and which are therefore
transferred to the Anaheim Public Library History Room for
preservation.
"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.
"City" or "City of Anaheim" means and includes the City of
Anaheim, Anaheim Redevelopment Agency, Anaheim Housing Authority,
Anaheim Public Financing Authority, and Anaheim Public
Improvement Corporation.
"Destruction of Records Laws" means, collectively, Chapter 3
of Division 7 of Title 1 (commencing with Section 6200), and
Article 4 of Chapter 1 of Division 1 of Title 4 (commencing with
Section 34090), of the Government Code of the State of
California, or any successor provisions thereto.
"Inactive records" means those records which are seldom
referred to, but which are 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 as defined in Section 6252 of the
Government Code of the State of California or any successor
provision thereto.
"Public Records Act" means Chapter 3.5 of Division 7 of
Title 1 (commencing with Section 6250) of the Government Code of
the State of California, or any successor provisions thereto.
"Records" means any writing regardless of physical form or
characteristics, in the custody of a public officer or employee
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 such writing is
necessary or convenient to the discharge of the public officer's
or employee's duties and such writing was made or retained for
the purpose of preserving its informational content for future
City use or reference.
"Records management program" means a plan formulated to
establish a City-wide system that achieves integrated control of
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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
and preserving information in any form, including, information
preserved in any electronic data processing or computer system,
and all papers, maps, magnetic or paper tapes, photographic films
and prints, magnetic or punched cards, drums, computer hard
drive, disk or diskette, optical disk, CD -Rom and other media or
formats used for the preservation of information.
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 of a retention and disposition schedule for
all municipal records;
.030 Consultation and assistance to City departments in all
areas of records management, including active records
maintenance, transfer, and disposition;
.040 Provision of the Anaheim Archives for the permanent
preservation of historical records; and
.050 Development and institution of a Vital Records Program
to ensure the safety of essential records in the event of a
disaster.
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 Archives.
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.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, City regulations, and the rules promulgated and
approved by the City Clerk.
.030 The City Council may, by resolution, order the transfer
of specifically identified records to a different custodian,
including document depositories established for litigation
purposes.
1.10.060 MICROGRAPHICS OF MUNICIPAL RECORDS.
010 Definitions of the Micrographics Program:
"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 such 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 Officer responsible for creating such microform
records.
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.040 Indices to Microform Records. The Micrographics
Officer having custody and control of any microform records shall
index said microform records.
.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.
.060 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.
.070 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.
1.10.070 ELECTRONIC
(E-MAIL, VOICEMAIL)
.010 Definitions. For purposes of this Section, the
following terms shall be deemed to have the following meanings:
"Archival Form" shall mean either (1) the transcription or
printing of an Electronic Communication in a readable hard copy
form, or (2) the transmission, conversion or recording of an
Electronic Communication in an electronic data processing,
computer or tape recording system by means of any computer hard
drive, disk, or diskette, magnetic tape, film, optical disk or CD
Rom, or any other electronic format by which the informational
content of the Electronic Communication is capable of being
permanently or indefinitely preserved and such information is
capable of being retrieved in readable or audible and
comprehensible form.
"Electronic Communication" or "Communication" shall mean any
communication to, from, between or among any City official(s) or
employee(s) by use of an Electronic Communication System for the
purpose of, or to facilitate, any business of the City but where
it is neither necessary nor intended that the informational
content of such communication be preserved for future City use or
reference.
"Electronic Communication System" or "System" shall mean any
system, device, hardware, software, or other equipment designed
and used for purposes of transmitting and/or receiving
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communications by any form of electronic mail (e-mail, cc -mail)
or voicemail system, or any network of interconnected computers,
including but not limited to the Internet and Worldwide Web, as
used for such purposes.
.020 Purpose. Electronic Communications are an important
and effective tool which facilitate the conduct of the City's
business through communications in an efficient, expeditious, and
cost effective manner. Electronic Communications, by their
nature, are not customarily preserved and retained by the City or
its officers or employees but rather are of a transitory nature
similar to, and often used as a substitute for, telephonic
communications. The Electronic Communication Systems used by the
City for such Communications do not reasonably and practicably
permit the indefinite or permanent retention and/or retrieval of
Electronic Communications. At the same time, the City
recognizes its legal obligations relating to the preservation
and/or public disclosure of certain records pursuant to the
requirements of the Destruction of Records Laws and/or the Public
Records Act. The purpose of this Section is to provide guidance
to City officers and employees relating to the creation and
preservation of Electronic Communications in order to facilitate
the optimal use of such Communications and to assure compliance
with any applicable provisions of law with regard thereto.
030 Regulation.
.031 General. Each of the City's Electronic Communications
Systems periodically and routinely purges (deletes) Electronic
Communications from the System without any necessary action of
the sender or recipient of the Communication. In addition, each
such System allows and, to function as intended, anticipates or
requires that recipients of such Electronic Communications
regularly delete such Communications from the System. For such
reasons, an Electronic Communication is not to be used by any
City official or employee as the exclusive means to memorialize
information where it is either necessary or intended that the
informational content of such communication be preserved for
future City use or reference.
.032 Deletion or Retention of Communications. Except as set
forth herein, Electronic Communications should be regularly
deleted from the Electronic Communications System in the
appropriate manner as prescribed for such System.
.01 Except as provided in Subparagraph .04 hereof, an
Electronic Communication may be deleted from the Electronic
Communications System by the public officer or employee recipient
(or the sender if necessary) without preserving the informational
content of such Communication, or any portion thereof, in
Archival Form unless either (1) a law expressly requires such
Communication to be kept, or (2) preservation of such
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Communication is necessary or convenient to the discharge of the
public officer's or employee's duties and such communication was
made or retained for the purpose of preserving its informational
content for future City use or reference.
.02 An Electronic Communication must be preserved in,
or transferred to Archival Form by a public officer or employee
where either (1) a law expressly requires such Communication to
be kept, or (2) preservation of such Communication is necessary
or convenient to the discharge of the public officer's or
employee's duties and such Communication was made or retained for
the purpose of preserving its informational content for future
City use or reference.
.03 Once in Archival Form (except for Communications
temporarily preserved in Archival Form pursuant to Section .04
hereof), an Electronic Communication shall be preserved in
accordance with the approved retention period for the File or
Record Series in which such communication is placed, or to which
it relates, as established by resolution of the City Council
provided, however, the retention provisions of this Section shall
not be deemed to impose any legal requirement or obligation on
the City or any of its officers and employees not otherwise
required or established by any other provision of law.
.04 In the event a public inspection request is
made pursuant to the Public Records Act, or a demand by subpoena
or court order is received by the City, for any Electronic
Communication in existence at the time such request or demand is
received, the City officer or employee having control of such
Electronic Communication shall use his or her best efforts, by
any reasonable means available, to temporarily preserve such
communication until it is determined whether such Communication
is subject to preservation, or public inspection or production,
pursuant to any requirement of law. The City Attorney shall
immediately be contacted regarding any such inspection request or
production demand. The City Attorney shall advise the City
officer or employee (and the Custodian of Records of such City
department) of the City's preservation, inspection and production
obligations, if any, with regard to such Communication. If it is
determined that the City is legally obligated to either permit
inspection or produce such Electronic Communication, the person
in control of such Communication shall thereafter preserve such
Communication in an Archival Form for the applicable retention
schedule period as referenced in subparagraph .03 above.
.05 Any Electronic Communication which is preserved
in an Archival Form in order to comply with any requirement of
law or to preserve the informational content thereof for future
City use or reference (other than a Communication temporarily
retained in Archival Form pursuant to subparagraph .04 above),
shall be deemed a "City Record" for purposes of the Public
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Records Act and shall thereafter be subject to the preservation
and public disclosure requirements of said laws, as applicable.
1.10.080 COMPUTER DATA RETENTION
010 Definitions
For purposes of this Section, the following terms shall be
deemed to have the following meanings:
"Archival Form" shall mean either (1) the transcription of
printing of Computer Data in a readable hard copy form, or (2)
the transmission, conversion, recording, storing or other
preservation of Computer Data in an electronic data processing or
computer systems by means of any computer hard drive, disk or
diskette, magnetic tape, film, optical disk or CD Rom or any
other electronic format by which the informational content of the
Computer Data is capable of being permanently or indefinitely
preserved and thereafter retrieved in readable and comprehensible
form. Said term shall not include any Draft, as defined herein.
"Draft" shall mean any draft or uncompleted document in any
stage of preparation, existing in electronic form in a data
processing system or computer, and which is later electronically
modified, revised, amended, redrafted, manipulated or completed,
or is electronically deleted from the electronic data processing
system or computer, and where it is neither necessary nor
intended that the informational content of such draft or
uncompleted document be preserved for future City use or
reference.
"Computer Data" or "Data" shall mean any information or data
created by any City officer or employee for City business
purposes and existing in electronic form in any data processing
system or computer.
020 Purpose.
The creation, manipulation and use of Computer Data by
City officers and employees is an essential, efficient and cost
effective tool used in the conduct of City business. Computer
Data, by its nature and purpose, is customarily created in Draft
form and such Draft is usually electronically manipulated and
revised, or electronically deleted in whole or part, without such
Draft being electronically saved or retained for the purpose of
preserving the informational content thereof for future City use
or reference. It is neither practical, necessary, efficient nor
cost effective for City officers and employees to preserve every
Draft of every document created, generated or manipulated by use
of an electronic data processing or computer system. At the same
time, the City recognizes its legal obligations relating to the
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retention and/or public disclosure of certain records pursuant to
the requirements of the Destruction of Records Laws and/or the
Public Records Act. The purpose of this Section is to provide
guidance to City officers and employees relating to the creation,
manipulation and preservation of Computer Data in a manner which
facilitates the reasonable and efficient use of such Data for
City business purposes while assuring that Data created for City
business purposes and existing in electronic form which is either
required to be preserved by law, or which was made or retained
for the purpose of preserving the informational content thereof
for future City use or reference, is preserved and available as
may be required by any applicable provision of law.
030 Regulation
.031 Deletion of Computer Data. Except as provided in
paragraph .032 hereof, Computer Data may be deleted from the
memory or storage of any electronic data processing or computer
system by the public officer or employee having control thereof
without preserving the informational content of such Data, or any
portion thereof, in Archival Form, unless either (1) a law
expressly requires such Data to be kept, or (2) such Data is
necessary or convenient to the discharge of the public officer's
or employee's duties and such Data was made or retained or the
purpose of preserving its informational content for future City
use or reference.
.032 Preservation of Computer Data. Computer Data must be
preserved in, or transferred to, Archival Form by the public
officer or employee having control of such Data where either (1)
a law expressly requires such Data to be kept, or (2) such Data
is necessary or convenient to the discharge of the public
officer's or employee's duties and such Data was made or retained
for the purpose of preserving its informational content for
future City use or reference.
.033 Computer Data Retention Schedules. Any Computer Data
which is required to be preserved in Archival Form pursuant to
paragraph .032 hereof shall be preserved in accordance with the
approved retention period for the File or Record Series in which
such Computer Data is placed, or to which such Computer Data
relates, as established by resolution of the City Council
pursuant to Chapter 1.10 of Title 1 of the Anaheim Municipal
Code; provided, however, the retention provisions of this Section
shall not be deemed to impose any legal requirement or obligation
on the City or any of its officers and employees not otherwise
required or established by any other provision of law.
.034 Public Inspection or Production Demands. In the
event a public inspection request is made pursuant to the Public
Records Act, or a demand for production by subpoena or court
order is received, for any Computer Data in existence at the time
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such request or demand is received, the City official or employee
having control of such Computer Data shall use his or her best
efforts, by any reasonable means available, to temporarily
preserve such Data until it is determined whether such Data is
subject to preservation, or public inspection or production,
pursuant to any requirement of law. The City Attorney shall
immediately be contacted regarding any such inspection request or
production demand. The City Attorney shall advise the City
officer or employee (and the Custodian of Records of such City
department) of the City's preservation, inspection and production
obligations, if any, with regard to such Computer Data. If it is
determined by the City Attorney that the City is legally
obligated to either permit inspection of, or produce, such
Computer Data, the person in control of such Computer Data shall
thereafter preserve such Data in Archival Form for the applicable
retention schedule period as referenced in paragraph .033.
.035 Preservation of Computer Data. Any Computer Data
which is preserved in Archival Form in order to comply with any
requirement of law or to preserve the informational content
thereof for future City use or reference (other than Data
temporarily preserved in Archival Form pursuant to paragraph .034
above), shall be deemed a "City Record" for purposes of the
Destruction of Records Laws and a "Public Record" for purposes of
the Public Records Act and shall thereafter be subject to the
preservation and public disclosure requirements of said laws, as
applicable.
.040 Duplicate Records. Any hard copy (tangible
non -electronic document which is a duplicate of any Computer
Data, and which is otherwise required to be preserved by law,
shall not be destroyed unless such document is photographed,
microphotographed or otherwise reproduced on film, optical disk
or any other medium in compliance with Government Code Section
34090.5, or destruction has been authorized pursuant to a
resolution of the City Council in conformance with Government
Code Section 34090, if such hard copy document contains any
signature, notes, letterhead, pre-printed material or any other
intelligible and meaningful markings which are not present on the
Computer Data,
1.10.090 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 1.10.100 of this Chapter under the
following procedure:
.010 The department head of the City department desiring to
destroy such duplicate records shall find in writing that such
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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 1.10.100 of this Code.
1.10.100 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.
.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 1.10.060 of this Chapter, or in digital
form on hard drive, optical disk or CD -Rom, and in accordance
with any other requirements of law."
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SECTION 3. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that
should any section, subsection, paragraph, sentence, clause or
word of this ordinance hereby adopted be declared for any reason
invalid by the final judgment of any court of competent
jurisdiction, it is the intent of the City Council that it would
have adopted all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of any
other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 22nd day of July
1997.
MAYOR OF THE CITY W ANAHEIM
A;Zs-
CITY CLERK OF THE CITY OF ANAHEIM
0023523.01
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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. 5608 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 15th day of July, 1997, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 22nd day of July, 1997, by the following
vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5608 on the 22nd day of July, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 22nd day of July, 1997.
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 of Ordinance No. 5608 and was published once in the North County News on
the 31 day of July, 1997.
CITY CLERK OF THE CITY OF ANAHEIM