HomeMy WebLinkAboutAgenda Report - July 20, 1993CITY COUNCIL MEETING
July 21, 1993
REQUEST TO NOT DESTROY RECORDS PURSUANT TO RESOLUTION NO. 93-18
John Kraai, 351 Del Mont, Lodi, urged that the records that
are to be destroyed pursuant to Resolution No. 93-18 be
saved because it is too soon to destroy them.
It was stated by members of the City Council and staff that
the majority of these records are over five years old,
these records comply with the code regarding destruction of
records, and that there was six months available for the
Council, staff and public to view them and not one person
has looked at those records for the past four months.
Following further discussion, Council Member Davenport made
a motion, Mann second for discussion, to not destroy the
records and that they be given to Mr. Davenport. City
Attorney McNatt informed the City Council that this motion
cannot be voted on due to the fact that it was not on the
agenda. Therefore, Council Member Davenport made a motion
to put this matter on for the next City Council agenda.
The motion died for lack of a second. Council Member
Davenport stated for the record that he feels that the
destruction of these records is illegal and he will pursue
it.
These records will now be destroyed.
FILE NO. CC -6 AND; ,'4"
Jennifer Perrin
City Clerk
MEMORANDUM
TO: Councilmember Ray Davenport
FROM: City Attorney
DATE: July 20, 1993
SUBJ: Destruction of Public Records
The question presented at our July 19, 1993 meeting with Cheryl Reinke,
Frank Gayaldo, and David Christy was whether certain Finance Department
records, previously approved by the Council for destruction, could be
turned over to individuals in lieu of actual destruction. Not
surprisingly, my research failed to turn up a case or statute exactly on
point.
Under the Public Records Act (Government Code Section 6250 and
following) members of the public have a right to inspect all public
documents except those specifically exempted such as personnel records
or taxpayers information. It makes no mention of the conditions or
requirements for destruction. Government Code Section 34090 (attachment
A hereto) addresses destruction of public documents generally, but does
not specify any particular method of destruction. I noted the statute
does not say that such obsolete records can be "otherwise disposed of"
in lieu of destruction. However, that is not entirely dispostive of the
question here. No California or federal cases under the Freedom of
Information Act were found.
This leads me to believe that in general, a city could possibly agree to
dispose of obsolete records or documents by allowing someone to haul
them away in lieu of destruction, although this is not clear based on
the statuary language. However, in the present case, the City Council
in Resolution 93-18 (attachment B) directed the "destruction" of the
records. For staff to do otherwise now and simply allow the records to
be removed would probably require City Council approval to deviate from
the original authorization.
Respectfully
submitted,
f
Bob McNatt
City Attorney
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Attachments
cc: Mayor Pennino
Councilmember Sieglock
Councilmember Snider
Councilmember Mann
City Manager
Vicky McAthie, Accounting Manager
CCCOM816/TXTA.07A
MIES GENERALLY
Div. I
§ 34090
§ 34081. Repealed by Stats.1978, c. 76, p. 208, § 2, urgency, eff. April 7,
1978
ItLtorical Note
The repealed section, added by Stats 1949, C. related to affidavits affecting boundaries and
79, § 1, derived from Stats.1939, e. 472, § 2, necessary documents
Article 4
MISCELLANEOUS
Section
34090. Destruction of city records; excepted records; construction.
34090.5. Destruction of records; conditions.
34090.6. Destruction of recorded radio and telephone communications.
34090.7. Duplicate records less than two years old; destruction; video recording
media.
34091. Charter drafting expenses; appropriation.
34091.1. Adoption or change of street name; resolution.
34092. Adoption or change of name or number of street or place; duty of city clerk.
34093. Petition; definition; misrepresentations concerning contents or effect; cir-
culation of petition containing false or forged names; punishment.
Article 4 was added by Stats.1949, c. 79, p. 101, § 1.
§ 34090. Destruction of city records; excepted records; construction
Unless othe-wise 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 the same is no
longer required.
This section does not authorize the destruction of -
(a) Records affecting the title to real property or liens thereon.
(b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old.
(e) The minutes, ordinances, or resolutions of the legislative body or of a
city board or commission.
:his section shall not be construed as limiting or qualifying in any manner
the authority provided in Section 34090.5 for the destruction of records,
documents, instruments, books and papers in accordance with the procedure
therein prescribed.
(Added by Stats.1949, c. 79, p. 101, § 1. Amended by Stats.1955, c. 1198, p. 2214, § 2;
Stats.1975, c. 356, p. 801, § 1.)
541
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RESOLUTION NO. r-3-18
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A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING DESTRUCTION OF CERTAIN RECORDS
RETAINED BY THE LODI FINANCE DEPARTMENT
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WHEREAS, in accordance with Government Code, section 340900 the
City Attorney has filed his written consent to the destruction of
certain records retained by the Lodi Finance Department, an inventory of
which is attached hereto, marked Exhibit A, and thereby made a part
hereof;
NOW, THEREFORE, BE IT RESOLVED, by the Lodi City Council that:
1. The records heretofore identified are no longer required.
2. The Lodi City Council finds that the City Attorney has given his
written consent to the destruction of the records inventoried on
Exhibit A attached hereto and the destruction of those records is
hereby authorized.
Dated: January 20, 1993
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I hereby certify that Resolution No. 93-18 was passed and adopted
by the Lodi City Council in a regular meeting held January 20,
1993 by the following vote:
Ayes: council members - Mann, Sieglock, Snider & Pennino (Mayer)
Noes: Council Members - Davenport
Absent: Council Members - None
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City C erk
93-18
INVENTORY OF CERTAIN RECORDS RETAINED BY THE LODI FINANCE DEPARTMENT REQUESTED
TO BE DESTROYED PURSUANT TO GOVERNMENT CODE, SECTION 34090
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1.
Payroll Activity*
1/77-1/7/90
2.
Administrative Leave Balances
1/87-12/88
3.
Labor Distribution Reports"
7/86-12/88
4.
Time Reports (Bi -weekly)
1/86-12/88
S.
Employee Balances & Step Increases
1/87-12/88
6.
Vacation Accruals
1/87-12/88
7.
Overtime Reports
1/87-12/88
8.
Union Dues Deductions
1987-1988
9.
Payroll Changes
1987-1988
10.
Stork Order Number Listings
1/86-12/88
11.
Trial Balances
7/86-6/88
12,
Revenue Report*
7/85-6/88
13.
Revenue Ledgers
7/85-6/88
14.
General Ledger"
7/BS-6/88
15.
Appropriation Ledgers
7/85-6/88
16.
Miscellaneous Memorandums (Journal Vouchers)
7/86-6/88
17.
Expenditure Reports*
7/84-6/88
18.
Accounts Payable Registers*
7/87-6/89
19.
Claim Vouchers 6 Invoices
7/87-6/89
20.
Canceled Bank of America Payroll Checks
7/86-6/88
21.
Canceled Farmers & Merchants Bank
7/86-6/88
Account Payable Checks
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Dated:
D. iynn
Finance Director
APPROVED FOR DESTRUCTION
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;1 -YNJDated:
B,3b McNatt
City Attorney