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HomeMy WebLinkAboutReso 2022-214 DocuSign Envelope ID: DE936410-CEAF-4599-AA50-D FOBF7D7C5FD RESOLUTION NO. 2022-214 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COUNCIL POLICY 112-01 (THE CITYWIDE RECORDS MANAGEMENT PROGRAM) AND REPEALING RESOLUTION NO. 17577 IN ITS ENTIRETY WHEREAS, Council Policy No. 112-01, City-wide Records Management Program, was adopted by Resolution No. 17577 on August 2, 1994; and WHEREAS, the Council Policy and Program previously adopted are now outdated; and WHEREAS, the purpose of the Council Policy is to establish policies and procedures under a Records and Information Management Program to control the orderly creation, utilization, maintenance, retention, preservation, and disposition of City records, consistent with State law including California Government Code 6250 et seq. "Public Records Act"; and WHEREAS, the City desires to change the name of the City-wide Records Management Program to the Records and Information Management (RIM) Program, to conform with the industry standard; and WHEREAS, the City desires to repeal Resolution No. 17577 in its entirety to ensure that a responsible, up-to-date program of records and information management is practiced and documented from creation to disposition in accordance with the law and in the best interest of the City and the general public. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby repeal Resolution No. 17577 in its entirety and amend City Council Policy 112- 01 (City-Wide Records Management Program) as set forth in Exhibit 1 to this resolution, attached hereto and incorporated herein by this reference. [SIGNATURES ON THE FOLLOWING PAGE] DocuSign Envelope ID: DE936410-CEAF-4599-AA50-D FOBF7D7C5FD Resolution No. 2022-214 Page No. 2 Presented by Approved as to form by DocuSigned by: DocuSigned by: E, 3074D104EAF342E... CF406508504446F... Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of October 2022 by the following vote: AYES: Councilmembers: Cardenas,Galvez,McCann,Padilla, and Casillas Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None EDocuSigned by: 961 w 062BFD7C0386456... Mary Casillas Salas, Mayor ATTEST: DocuSigned by: 3074D104EAF342E... Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2022-214 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of October 2022. Executed this 4th day of October 2022. EDocuSigned by: k,30746104EAF342E Kerry K. Bigelow, MMC, City Clerk DocuSign Envelope ID: DE936410-CEAF-4599-AA50-D FOBF7D7C5FD COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information POLICY EFFECTIVE Management(RIM) Program NUMBER DATE PAGE 112-01 10/04/2022 1 OF 6 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-214 (10/4/2022) BACKGROUND A well-maintained Records and Information Management (RIM) program assists the City in remaining compliant with record-keeping regulations, avoiding security risks and potential legal action, and improving workflow and productivity. PURPOSE To establish policies and procedures under a RIM Program to control the orderly creation, utilization, maintenance, retention, preservation, and disposition of City Records, consistent with State law including the California Government Code 6250 et seq"Public Records Act." This Policy applies to elected officials, Council-appointed board, commission, and committee members, employees, contractors, consultants, and volunteers of the City who are acting on behalf of the City and who have access to, use of, or are involved in the creation, maintenance, or storage of the City's Records, information, and electronic communication POLICY 1. Ownership 1.1 Records and information created or received in the conduct of the City's business by staff or elected and appointed officials are the exclusive property of the City. City Records and information are subject to compliance with this Policy, the associated Retention Schedule, and any other City policy or procedure. 2. Authenticity 2.1. The City is committed to creating and maintaining complete, accurate, and trustworthy Records and information that document its business activities. Deliberately creating false or misleading Records or information regarding the City's activities is strictly prohibited. Records and information should not contain language that is misleading, incomplete, inaccurate, or fraudulent. 3. Classification 3.1. Records and information, both paper and electronic, are to be created, stored, and managed with the appropriate classification that enables efficient and, when appropriate, shared access, appropriate application of retention, and secure protection. 4. Retention/Destruction 4.1. Records and information are to be retained in accordance with the approved Retention Schedule. When Records or information complete their retention period, regardless of their format, they shall be deleted or disposed of in compliance with City procedures. DocuSign Envelope ID: DE936410-CEAF-4599-AA50-D FOBF7D7C5FD COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information POLICY EFFECTIVE Management(RIM) Program NUMBER DATE PAGE 112-01 10/04/2022 2 OF 6 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-214 (10/4/2022) S. Storage S.1. Hardcopy Records and information no longer considered active may be transferred to designated storage facilities to fulfill retention requirements. Electronic Records and information no longer considered active may be transferred to approved repositories or moved offline to fulfill retention requirements, but information in any location must be accessible by City employees for business needs and in response to requests by the public. Records and information that are owned by the City should not be transferred to or stored in any unauthorized locations or on personal devices. Work done on a personal device on behalf of the City is the property of the City.l 2 6. Availability 6.1. Records and information must be available for future business, litigation, and investigations as necessary, regardless of storage location. Records that are determined to be "public" are to be made available for the public to obtain in accordance with the California Public Records Act, Government Code §62S0- 6276.48. 7. Electronic Communication 7.1. Unless otherwise required by contract or law, including data privacy laws, electronic communication, including emails, email threads, text messaging, instant messaging, social media, and any other form of electronic communication that may be used to conduct City business, are subject to this Policy and other rules of the City, and are the exclusive property of the City. Email messaging is required to be conducted using City systems. Emails sent or received for the purpose of City governance or business are considered City property and must be maintained in City systems and in compliance with this Policy and, if they are Records, in compliance with the Retention Schedule. ' City of San Jose v. Superior Court(2017): "When a city employee uses a personal account to communicate about the conduct of City business, the writings may be subject to disclosure under the California Public Records Act." Records on personal accounts and devices may include, but are not limited to, communications via: text message, personal email accounts, and social media accounts. The City does not seek correspondence that is personal in nature but only Records that relate to City business. 2 City's Electronic Communications Policy No. 909 DocuSign Envelope ID: DE936410-CEAF-4599-AA50-D FOBF7D7C5FD COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information POLICY EFFECTIVE Management(RIM) Program NUMBER DATE PAGE 112-01 10/04/2022 3 OF 6 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-214 (10/4/2022) Instant messaging such as text messages are to be limited to brief communications to establish contact, identify a location, or confirm appointments. Text messages should not be used to create and communicate directives, conduct City business, or send files.2 Social media is used exclusively for the distribution of City information. Original documents are not to be created within social media, but attached and original communication posted to social media is to be limited to City announcements. Records and/or information that are received or sent as part of an Electronic Communication, including the communication itself are subject to the City's Electronic Communications Policy No. 909. Electronic Communication systems are intended to be a medium of communication and not repositories for City Records. Although Electronic Communication may seem to be less formal than other written communication, the same definition of Records applies, as do the rules for storage and retention. Electronic Communication that meets the definition of a record is to be stored in an official City repository. 8. Records of Exiting Elected Officials, Council-Appointed Boards, Commissions, and Committees, Employees,Volunteers, and Contractors 8.1. When an elected or appointed official's term ends, the elected or appointed official is to work with the City Clerk to transfer Records and information to the City Clerk's Office to comply with the requirements of this Policy and any supporting procedures for retaining and managing the Records and information of the exiting official. When an employee, volunteer, or contractor leaves the City, the exiting individual's supervisor or manager or the contractor's City point of contact is responsible for complying with the requirements of this Policy and any supporting procedures for retaining and managing the Records and information of the exiting employee, volunteer, or contractor. 9. Suspending Retention Requirements 9.1. Disaster recovery backup media are exact copies of an operating system, associated application and data created for the sole purpose of protecting and recovering data in the event of a disaster or business disruption and are not subject to the requirements of the Retention Schedule. Backups serve as a level of protection for electronic systems and the data that is stored on those systems to ensure an exact duplicate or copy is available and unalterable for use in the event of a business disruption. DocuSign Envelope ID: DE936410-CEAF-4599-AA50-D FOBF7D7C5FD COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information POLICY EFFECTIVE Management(RIM) Program NUMBER DATE PAGE 112-01 10/04/2022 4 OF 6 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-214 (10/4/2022) 10. Historical and Vital Records Preservation 10.1. Preservation encompasses the activities which prolong the usable life of archival Records. Preservation activities are designed to minimize the physical and chemical deterioration of Records and to prevent the loss of informational content.3 10.2. Records and information designated as "vital' or "historical" are to be protected in a manner that establishes the priority of recovery of the data in a timely manner following a disaster or system disruption. Such Records are those records or information that are needed to recover from a disaster or resume business operations and should be protected in accordance with City procedures and standards. 10.3. Under no circumstances are records specified in Government Code section 34090 authorized to be destroyed, even when digitized, including the minutes, ordinances or resolutions of the City Council or a City board or commission. 11. Administrative Policies and Procedures 11.1 Notwithstanding this policy or any other Council-adopted policies or procedures, the City Clerk, in consultation with the City Attorney, shall have the authority to develop and amend administrative policies and procedures, as necessary, to implement the terms of this policy. This policy with guidelines and procedures is on file in the office of the City Clerk, known as the Records and Information Management Manual. DEFINITIONS Records Records are either defined specifically in applicable statutes, Municipal Code, City business practices, or, in the absence of specific practices, a record is a document or information generated as the final output of a business process or business decision. Convenience Information and Incidental Documents Not all information or data is a record. Some information is collected or created in order to complete a task or to enable the creation of a Record, but the City is not obligated by law to retain it. This type of information is classified as a non-record or Convenience Information or Incidental Documents. Incidental Documents and Convenience Information have no retention requirements. Examples of Incidental Documents and Convenience Information are included in Exhibit A. Government Code§34090 DocuSign Envelope ID: DE936410-CEAF-4599-AA50-D FOBF7D7C5FD COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Records and Information POLICY EFFECTIVE Management(RIM) Program NUMBER DATE PAGE 112-01 10/04/2022 5 OF 6 ADOPTED BY: Resolution No. 17577 DATED: 8/2/1994 AMENDED BY: Resolution No. 2022-214 (10/4/2022) Electronic Communication Electronic Communication is a document created or received via an electronic message system, including any attachments that may be transmitted with the message, along with its descriptive transmission metadata. Electronic Message System Electronic Message System is one or more computer networks, hardware, and software applications used to create, receive, and transmit messages and other documents electronically. Instant Messaging (IM) Instant Messaging (IM) is an electronic system that allows users to determine whether a certain party or parties are connected to the messaging system and allows them to exchange text messages with those parties in real-time. Thread A Thread is an electronic mail conversation of at least one response on a similar subject; the conversation can be broken or continuous in nature. Social Media Social Media is websites and similar applications that enable users to create and share content or to participate in social networking. REFERENCES Retention Schedule DocuSign Envelope ID: DE936410-CEAF-4599-AA50-D FOBF7D7C5FD EXHIBIT A CONVENIENCE INFORMATION AND INCIDENTAL DOCUMENT EXAMPLES Catalogs, Conference Handouts, and Trade Journals Catalogs, trade journals, bulletins, magazines, manuscripts, brochures, conference/seminar handouts, manuals, external newsletters, and supplier fliers that are external publications. Duplicate/Extra Copies Exact copies of Records and information; duplicates of a document, such as printed publication. Personal Working Files When there is a final document (the "Record") in place, the drafts of that document and any rough notes are considered Convenience Information. Reference Materials Materials used as review or reference by an employee, but which are not documents of the City's business activities. Templates Unused or blank templates that have not been filled out or completed. Transitory Correspondence Casual correspondence (including e-mail) used for administrative purposes or internal communications (such as notification of a change in a meeting room or scheduling a working lunch). RETENTION RULE! Convenience Information can be shredded after it is no longer needed--provided it is not subject to an active legal hold. When in doubt, ask the City Clerk before shredding. City Council Policy 1 12-01 Exhibit A - Page 1 of 1 Revised 10/4/2022