Chapter 12
PUBLIC RECORDS MAINTENANCE AND DISPOSITIONlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=36247
1-12-1: DEFINITIONS:
1-12-2: RECORDS COMMITTEE CREATED:
1-12-3: CLASSIFICATION, AUTHORITY AND DUTIES:
1-12-4: DISPOSITION OF RECORDS:
1-12-5: DISPOSAL BY CITY AGENCY PROHIBITED:
1-12-6: PENALTY:

1-12-1: DEFINITIONS:linklink


For the purposes of this Chapter, the following terms, phrases, words and abbreviations shall have the meaning prescribed to them below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural:

PUBLIC OFFICES AND PUBLIC OFFICERS: Respectfully, the offices and officers of any court, department, City Council, board, commission, institution or other agency of the City.

PUBLIC RECORDS: Includes all books, papers, letters, documents, maps, plans, photographs, sound recordings, management information systems or other documentary materials, regardless of physical form or characteristics, made or received and retained by any City office as may be required under State law or in connection with the transaction of public business by public offices and agencies. The term "public records" does not include preliminary drafts or personal notes made or received and retained by the public agency in the ordinary course of business, unless, in the opinion of the Records Committee, a public interest in subjecting these records to the classification procedure of this Chapter clearly outweighs the public interest in exempting them from classification, unless records or data, or class of data in these records is otherwise controlled by law.

RECORDS COMMITTEE: The Sunset City Council, Mayor, and City Attorney. (Ord. 2-1-15, 1-21-1992; 1997 Code)
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1-12-2: RECORDS COMMITTEE CREATED:linklink

There is created a Records Committee, composed of the Mayor, City Council and City Attorney. The Records Committee shall meet to review all policies and programs for the collection, classification, retention, disclosure and disposal of City records, as needed. (Ord. 2-1-15, 1-21-1992; 1997 Code)
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1-12-3: CLASSIFICATION, AUTHORITY AND DUTIES:linklink

The Records Committee has the following classification, authority and duties:


A. Review Designations: To review the designations made by responsible authority and to reclassify any data on individuals or systems of data on individuals maintained by City agencies upon petition by a reasonable authority, by the individual who is the subject of the data or any interested party, except as otherwise provided by law;


B. Initiate Designations: To initiate at its own discretion the designation and classification of data on individuals or systems of data on individuals maintained by City agencies, except as otherwise provided by law; and


C. Adopt Rules And Procedures: To adopt rules regulating its own meetings and procedures consistent with State statute on open and public meetings, and any other applicable provisions of law. (Ord. 2-1-15, 1-21-1992)

http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=322227
1-12-4: DISPOSITION OF RECORDS:linklink

Every custodian of City records shall submit to the Records Committee, in accordance with the standards established by said Records Committee, schedules proposing the length of time each record series should be retained. No record series may be destroyed without prior approval of the Records Committee. The Records Committee shall determine whether the records in question are administrative, legal, physical, research or of historical value. Those records unanimously determined to be of no administrative, legal, physical, research or historical value shall be disposed of by any method the Records Committee may specify. A list of all records so disposed of, together with a statement certifying compliance with this Chapter, signed by the members of the Records Committee, shall be filed and preserved in the office of which the records were drawn and the files of each of the other officers who are signatories to the certificate. Records having future value may be maintained if unanimously agreed upon by the members of the Records Committee. Public records in the custody of the City may be disposed of upon a similar determination by the Records Committee and the head of the agency from which the records were received. (Ord. 2-1-15, 1-21-1992)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=322228
1-12-5: DISPOSAL BY CITY AGENCY PROHIBITED:linklink

No public records shall be destroyed or otherwise disposed of by any City agency unless it is determined by the Records Committee that the record has no further administrative, legal, physical, research or historical value. (Ord. 2-1-15, 1-21-1992)
http://sterlingcodifiers.com/codebook/index.php?book_id=&section_id=322229
1-12-6: PENALTY:linklink


A. Violation: Any person who violates any provision of this Chapter is guilty of a Class B misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code.


B. City Employee: Any City employee who wilfully violates any provision of this Chapter or the rules promulgated under this Chapter is subject to suspension without pay or discharge after a hearing as provided by law. (Ord. 2-1-15, 1-21-1992; 1997 Code)

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