The URL can be used to link to this page

Home My WebLink AboutResolution THCA No. 2021-04RESOLUTION NO. THCA 2021-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRES HERMANOS CONSERVATION AUTHORITY, ADOPTING A RECORDS RETENTION SCHEDULE, ADOPTING THE PROCESS FOR FUTURE UPDATES AND DESTRUCTION OF CERTAIN AUTHORITY RECORDS WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any Local Agency record which has served its purpose and is no longer required may be destroyed with the approval of the legislative body by resolution and the written consent of legal counsel, the head of a department; and WHEREAS, the Executive Director has presented to the Board a proposed Records Retention Schedule in accordance with the Tres Hermanos Conservation Authority Authority) Bylaws adopted December 16, 2020; and WHEREAS, it is the desire of the Authority to establish a Records Management Program to guide and direct the City of Chino Hills as the Office of Records in the dispensation of records; and WHEREAS, a uniform Records Retention Schedule facilitates easy and quick reference to, and preservation of, Authority records and provides for proper and efficient management of Authority records. NOW, THEREFORE, THE BOARD OF TRES HERMANOS CONSERVATION AUTHORITY DOES RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. The Authority does hereby adopt the Records Retention Schedules as the official standard for records retention of Authority records attached to this resolution as Exhibit A. Section 2. Records are authorized to be destroyed as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said schedule, the Records Retention Schedules, and as necessary and required by law with the consent in writing of the City Clerk of the City of Chino Hills as the Office of Records, the Executive Director, and Legal Counsel, without further action by the Authority. Section 3. The term "records" as used herein are any writing or recording that contains information related to the conduct of the public's business prepared, owned, used, or retained by the Authority regardless of physical form or characteristics, "Regardless of physical form" means that video, audio files and data in a computer system used to conduct business are also records. Section 4. This Resolution shall become effective immediately upon its passage and adoption. Page 1 of 2 Resolution No. THCA 2021-04 Section 5. The Secretary shall certify as to the adoption of this Resolution. PASSED. APPROVED, and ADOPTED this 16t" day of June, 2021. unair Tres Hermanos Conservation Authority ATTEST: I, Kristina Santana, Secretary of the Tres Hermanos Conservation Authority, do hereby certify that the foregoing Resolution was duly and regularly passed, approved, and adopted by the Board of Directors of the Tres Hermanos Conservation Authority, at its regular meeting held on the 161" day of June, 2021, by the following Roll Call vote: AYES: BOARD MEMBERS NOES: BOARD MEMBERS ABSENT: BOARD MEMBERS ABSTAIN: BOARD MEMBERS Lyons, Moss, Rogers, Ruggles, Tye, C/Marquez None VC/Marcucci None Kristina Santana Secretary Tres Hermanos Conservation Authority Page 2of2 EXHIBIT A TRES HERMANOS CONSERVATION AUTHORITY RECORDS RETENTION SCHEDULE Authority Approval Date: JPage 1 of 5 RECORD/TITLE TOTAL REMARKS RETENTION LEGISLATIVE Agendas, posting affidavits, Permanent Authority preference staff reports GC §34090 Agenda notification requests Expiration +2 yrs. GC §34090 Affidavits of Publication Permanent Statute of Limitations for hearings, etc.) mailings for annexations, special districts, bonds is 60 days; Municipal Government actions is 3-6 months; CCP §§337 et seq, 349.4; GC §34090-1 Maintained with agenda packet Bylaws Permanent Authority preference GC §34090 Resolutions, (Official) Permanent GC §34090(e) et. Seq. Minutes, (Official) Permanent GC §34090(e) et. Seq. FINANCE Accounts Payable After Audit + 7 yrs. Authority preference; Statewide guidelines propose audit + 4 yrs.; Published articles show 3-7 yrs.; other cities show 7-10yrs.; GC §34090 Accounts Receivable After Audit + 7 yrs. Authority Preference, Statewide guidelines propose audit + 4 yrs.; Published articles show 3 - 7 yrs.; other cities show 7 -10yrs.; GC §34090 Audits After Audit + 7 yrs. Authority Preference; Longer than 2 yrs. for auditing; GC 34090.7, Annual Audits maintained permanently with Agenda packet. Bank Statements After Audit + 7 yrs. Authority Preference, For auditing purposes; Published articles show 3 - 4 yrs.; Other cities show 7 - 10 yrs.; GC 34090, 26 CFR 31.6001-1 EXHIBIT A Page 2 of 5 RECORD/TITLE TOTAL REMARKS RETENTION FINANCE continued Bond (Treasurer) Permanent Part of Blanket Crime Insurance GC §34090 Bonds / Certificates of Cancellation, Statute of Limitation for bonds, Participation (Issued by the Redemption or mortgages, trust deeds, notes or Authority) Maturity + 10 yrs. debentures is 6 yrs,; Bonds issued by local governments are 10 yrs.; There are specific requirements for unused bonds; CCP §§336(a) & (b), 337.5(b); GC §§ 43900, et. Se .; 34090 Budget (Adopted) Permanent Authority Preference; maintained as part of the Agenda packet; Statewide guidelines propose complete + 2 yrs.; GC §34090 Budget (Amendments) Permanent Authority Preference; maintained as part of the Agendapacket-, GC §34090.7 Budget (proposed and 2 yrs. GC §34090 reviews Purchasing Policy Superseded + 2 yrs. Statewide guidelines propose superseded + 2 or 5 yrs.; GC §34090 Requisitions, Purchase After Audit + 7 yrs. Authority Preference, Published Orders articles show 3 yrs.; Statute of Limitations is 4 yrs.; GC §34090, CCP §337 Warrant Registers (Includes After Audit + 7 yrs. Authority Preference; Statute of Cancelled Warrants, Limitations is 4 yrs.; statewide Cancelled / Voided Checks, guidelines propose Audit + 2 etc.) yrs.; GC §34090, CCP § 337 PROPERTY Easements Permanent GC §34090 Deeds - Property owned by Permanent GC §34090(a) Authority Deeds/Easements/Recorded Permanent Authority Preference; Documents relating / involving GC §34090 the Authority EXHIBIT A Page 3 of 5 RECORD/TITLE TOTAL RETENTION REMARKS FAIR POLITICAL PRACTICES FPPC Conflict of Interest Code Permanent Adopted by Resolution. Authority Preference. Filing Officer maintains original statements; GC 891009 e ; 34090 Form 804 & 805 (Agency Permanent FPPC Regulation 18734(c); Report of New Positions & GC §§ 81009(e); 34090 Consultants Statement of Economic Permanent Authority preference; Filing Officer Interest filers - Appointed maintains copies only; original Officials (includes Board statements are filed with FPPC; Members, Executive GC §§ 81009(f)(g); 34090 Directors, Treasurer Statement of Economic 7 yrs. Filing Officer maintains original Interest filers - Designated statement employees and Consultants GC §§ 81009(e)(g); 34090 original) RISK MANAGEMENT Certificates of Insurance Permanent Conforms with Agreement filed with agreement) retention; longest statute of limitations is 10 yrs.; statewide guidelines propose permanent; CCP §337 et. Se ; GC §34090 Claims and Litigation files Resolution + 5 yrs. Claim must be filed within 2 yrs.; Statute of Limitations for contracts is 4 yrs.; wrongful death for construction is completion + 5 yrs.; CCP §§ 337 et seq.; GC §§ 911.2, 34090, 34090.6; PC 832.5 b Authority Owned Insurance Permanent For protection from litigation; Policies GC §34090 Miscellaneous Certificates Expiration + 10 yrs. Authority Preference for policies of Insurance (not tied to an that do not involve liability - GC agreement) 34090 EXHIBIT A 1`5age 4 of 5 RECORD/TITLE TOTAL REMARKS RETENTION RISK MANAGEMENT continued Workers Compensation Close or Settlement Claims can be made for 30 yrs. Claims (Employee Accident 30 yrs. or for toxic subst. exposure; Claims Reports) Termination of are req'd for 5 yrs. After the end Benefits of comp or injury, whichever is 5 yrs. longer; the Workers Comp Whichever is Longer Appeals Board may destroy records after 5 yrs.; EEOC/FLSA/ADEA(Age) reqs 3 yrs. for promotion, demotion, transfer, selection, or discharge; State Law reqs 2-3 yrs.; 8 CCR 15400.2, 8 CCR 15400.2, 8 CCR §3204(d)(1) et. Seq.; 29 CFR 1910.1020, GC 12946, 60201, 34090; CCP 337 et seg. MISCELLANEOUS Agreements and Contracts Permanent Authority preference; Statute of Limitations is 4 yrs.; 10 yrs. for Errors & Omissions; CCP §§ 337, 337.1(a), 337.15, 343; GC §34090; Contractor has retention requirements in 48 CFR 4.703 Electronic Mail: Email defined 2 yrs. Unless retention required for as a Public Record legal hold GC §34090 Formal Bids Permanent Maintained with contract files GC §34090 Unsuccessful Bid opening or GC §34090 Bids/RFPs/RFQs Award date + 2 yrs. Environmental Documents Permanent Includes EIR, Comment letters, etc. GC §34090 General Correspondence 2 yrs. GC §34090 Press Releases, Photographs, 2 yrs. GC §34090 etc. Excludes Historical Records Management Permanent Authority Preference, Destruction / Retention GC §34090 et. Seq. schedules Requests for Public Records 2 yrs. GC §34090 EXHIBIT A Page 5 of 5 RECORD/TITLE TOTAL RETENTION REMARKS MISCELLANEOUS continued Rosters (Internal) Until replaced Secretary of State filings Notices of Agreement/ Amendment (Form NPSF- 404A & 40413); Registry of Public Agency Form SF-405 Permanent Requirement to file shown in GC §§6503.5,53051, 34090 Subpoenas 2 yrs. GC §34090 Historical records (All) - Formation, photographs of historical significance, etc. Permanent Executive Director determines historical significance. GC §34090