The URL can be used to link to this page

Home My WebLink About10N AB2437 (Pacheco) - RecordsCITY OF PALM DESERT COMMUNITY SERVICES DEPARTMENT STAFF REPORT REQUEST: REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB2437 (PACHECO) AT ITS MEETING OF MARCH 16, 2004. DATE: April 8, 2004 CONTENTS: AB2437 LANGUAGE Recommendation: By Minute Motion, concur with the action taken by the Legislative Review Committee at its meeting of March 16, 2004, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB2437 (Pacheco) relative to records. Executive Summary: If passed, this bill would find that writings that are considered preliminary drafts, notes, or inter- agency or intra-agency memorandum need not be retained. Background: Existing law provides that, unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the City Attorney, the head of a city department may destroy any city record, document, instrument, book or paper, under their charge, without making a copy thereof, after it is no longer required. Passage of AB2437 would extend this approval to writings that are preliminary, drafts, notes, or inter -agency or intra-agency memorandum. It would also delete the requirement that irreproducible pages of record be preserved permanently. The City of Palm Desert strives to comply with State law in the most efficient and comprehensive manner possible with regard to retention of pertinent records. However, retention of the types of documents addressed in AB2437 might prove to be superfluous in that final documents, State Net Text Search Page 1 of 3 F In bill text the following has special meaning underline denotes added text 2003 CAA 2437 AUTHOR: Pacheco VERSION: Introduced VERSION DATE: 02/19/2004 ASSEMBLY BILL No. 2437 INTRODUCED BY Assembly Member Pacheco FEBRUARY 19, 2004 An act to amend Sections 34090.5 and 50110 of, and to add Section 34090.9 to, the Government Code, relating to cities. LEGISLATIVE COUNSEL'S DIGEST AB 2437, as introduced, Pacheco. Cities: records. (1) Existing law provides that, unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after it is no longer required, except that this provision does not authorize the destruction of records affecting the title to real property or liens thereon, court records, records required to be kept by statute, records less than 2 years old, or the minutes, ordinances, or resolutions of the legislative body or of a city board or commission. Existing law also provides that city records may be destroyed if copies are made, as specified, but that no page of any record may be destroyed if any page of that record cannot be reproduced on film with full legibility. In that case, every unreproducible page is required to be permanently preserved in a manner that will afford easy reference. This bill would provide that, notwithstanding these provisions, writings that are preliminary drafts, notes, or interagency or intra-agency memoranda need not be retained. It also would delete the requirement that unreproducible pages of records be preserved permanently. (2) Existing law requires the legislative body and each office, officer, or employee of a local agency to furnish the city clerk 3 copies of each printed, mimeographed, or processed book, pamphlet, report, http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text version=CA2003000A2437_2... 2/22/2004 State Net Text Search Page 2 of 3 bulletin, or other publication issued by them at the expense of the local agency and requires the clerk to send one copy of each to the State Library in Sacramento and to 2 university offices, as specified. This bill would make these requirements optional. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 34090.5 of the Government Code is amended to read: 34090.5. Notwithstanding the provisions of Section 34090, the city officer having custody of public records, documents, instruments, books, and papers, may, without the approval of the legislative body or the written consent of the city attorney, cause to be destroyed any or all of the records, documents, instruments, books, and papers, if all of the following conditions are complied with: (a) The record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with Section 12168.7 for recording of permanent records or nonpermanent records. (b) The device used to reproduce the record, paper, or document on film, optical disk, or any other medium is one -that accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images. (c) The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were. (d) A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes. However, no page of any record, paper, or document 3ha11 m be destroyed if any page cannot be reproduced on film with full legibility. Every unreproducible page shall be rermtlftetifIrpreserved in a manner that will afford easy reference. For the purposes of this section, every reproduction shall be deemed to be an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy, as the case may be, of the original. SEC. 2. Section 34090.9 is added to the Government Code, to read: 34090.9. Notwithstanding the provisions of Section 34090, writings that are preliminary drafts, notes, or interagency or intra-agency memoranda need not be retained. SEC. 3. Section 50110 of the Government Code is amended to read: 50110. The legislative body, and each office, officer, or employee of a local agency shall may_furnish http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text_version=CA2003000A2437 2... 2/22/2004 State Net Text Search Page 3 of 3 the clerk three copies of each printed, mimeographed, or processed book, pamphlet, report, bulletin. or other publication issued by them at the expense of the local agency. The clerk shall -may send one copy of each publication to the State Library at Sacramento, the Institute of Governmental Studies of the University of California at Berkeley, and the Public Affairs Service of the University of California at Los Angeles, to be preserved for reference use in those institutions. Copyright 2004 State Net. All Rights Reserved. http://client.statenet.com/secure/pe/ts.cgi?mode=fetch&text version=CA2003000A2437 2... 2/22/2004