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Home My WebLink About2008 04 28 Regular 604 Approval of Resolution 2008-23 Records Retention PolicyCOMMISSION AGENDA ITEM 604 Apri128, 2008 Meeting REQUEST: Consent Informational Public Hearing Regular x ~~ Mgr. / Att. / Dept. The City Clerk and the City Attorney request that the City Commission approve Resolution No. 2008-23, establishing a records retention policy for the retention of certain records for periods of time exceeding the minimum state requirement. PURPOSE: This Resolution establishes a Records Retention Policy authorizing the City to retain, by resolution or administrative order, certain records beyond the minimum retention requirements established by the Department of States General Records Schedule GS1-SL . APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act, Chapter 166, Florida Statutes. Department of State General Records Schedule GS 1-SL for State and Local Government Agencies. CONSIDERATIONS: 1. On January 10, 2008, the City Manager requested that the Department of State increase the retention requirements for certain records contained in the GS1-SL schedule. In response, the Department of State informed the City Manager that all the retention requirements in the general records schedules are minimum retention requirements and that agencies have the authority to retain records beyond the minimum retention requirements if there is a administrative, operating, legal or Page 1 of 2 other need for such retention. Additionally, the Department of State advised the City to adopt a written policy indicating the need and justification for such retention. 2. The Policy authorizes the City Commission, by resolution, to extend the minimum retention schedule applicable to official records of the City Commission. 3. Additionally, the Policy authorizes the City Manager, through issuance of a written administrative order, to extend the minimum retention schedules applicable to any records that are not official records fo the City Commission. 4. The Policy further provides that the City Clerk shall be responsible for maintaining a record of the resolutions of the City Commission and administrative orders of the City Manager, as well as responsible for the retention of records subject to the resolutions and administrative orders. STAFF RECOMMENDATION: The City Clerk and the City Attorney recommend that the City Commission approve Resolution 2008-23, establishing a records retention policy. ATTACHMENT: Resolution 2008-23 COMMISSION ACTION: No prior action. Page 2 of 2 RESOLUTION N0.2008-23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, 5EMINOLE COUNTY, FLORIDA, ESTABLISHING A POLICY FOR THE RETENTION OF CERTAIN RECORDS FOR PERIODS OF TIME EXCEEDING THE MINIMUM STATE REQUIREMENT FOR RETENTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Department of State maintains a General Schedule for state and local government agencies which regulates the minimum amount oftime certain records must be retained; and WHEREAS, public agencies, at their discretion, may retain certain records longer than the minimum retention period established by the Department of State; and WHEREAS, the City desires to maintain certain records for periods oftime exceeding the minimum state retention requirement; and WHEREAS, the Department of State has recognized the City's desire and has recommended that the City adopt a written policy for retention of these aforementioned records as set forth herein; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Records Retention Policy Established. The City Commission of the City of Winter Springs, Florida hereby adopts this Records Retention Policy ("Policy") in order to establish a procedure for requiring retention of certain records for periods oftime exceeding the minimum state retention period, as such retention may be deemed necessary by the City Commission or City Manager. Section 3. Necessity. This Policy is necessary to ensure accuracy and thoroughness in the preservation of official actions taken by the City. By implementing this Policy, certain records City of Winter Springs Resolution No. 2008-23 Page 1 of 3 essential to the growth and management of the City will be retained for a period of time exceeding the minimum retention requirements provided by the State of Florida. This Policy is intended to preserve a more comprehensive historical record of actions previously taken by the City. Section 4. Authorization of Extended Retention Schedules. The City Commission of the City of Winter Springs hereby authorizes the creation of retention schedules exceeding the minimum retention periods established in the Department of State General Records Schedule GS l - SL for State and Local Government Agencies pursuant to the following procedures: A. Resolution of the City Commission. The City Commission may, by resolution, extend the minimum retention schedule(s) applicable to official records of the City Commission, if said extension furthers a valid administrative, operating legal or other municipal purpose. B. Administrative Order of the City Manager. The City Manager may, through issuance of a written administrative order, extend the minimum retention schedule(s) applicable to any records that are not official records of the City Commission. The City Manager's issuance of a written administrative order shall further a valid administrating, operating, legal or other municipal purpose. Categories of Records may be divided into subcategories of records in order to establish different retention schedules for various records within a specific Category of Records. Section 5. Form. Resolutions and administrative orders shall be in substantially the same form as the Department of State General Records Schedule GS 1-SL, as exemplified below, and item numbers shall correspond to those set forth in GS1-SL: [Category of Record] Item # (Description ofthe record series as provided in the Department of State General Records Schedule GS1-SL.) Retention: a) Record copy. _ (insert extended period of time) anniversary years after (insert language established by the Department of State General Records Schedule GS1-SL). b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. Section 6. City Clerk Responsibility. The City Clerk shall be responsible for maintaining a record of resolutions of the City Commission and administrative orders of the City Manager issued pursuant to Section 4 of this Resolution and for the retention of any records subject to said resolutions or administrative orders. City of Winter Springs Resolution No. 2008-23 Page 2 of 3 Section 7. Amendment to Policv. This Policy may be amended from time to time by Resolution of the City Commission. Section 8. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 9. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 10. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. Section 11. Prospective Application. Any records retention schedule adopted pursuant to this Resolution shall apply prospectively. Nothing herein shall require the City to recreate, retrieve, restore or preserve public records that have been disposed of prior to the effective date of this Resolution in accordance with the disposal process for public records established under Florida law. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 28`'' day of April, 2008. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2008-23 Page 3 of 3 RESOLUTION N0.2008-23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, ESTABLISHING A POLICY FOR THE RETENTION OF CERTAIN RECORDS FOR PERIODS OF TIME EXCEEDING THE MINIMUM STATE REQUIREMENT FOR RETENTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Department of State maintains a General Schedule for state and local government agencies which regulates the minimum amount oftime certain records must be retained; and WHEREAS, public agencies, at their discretion, may retain certain records longer than the minimum retention period established by the Department of State; and WHEREAS, the City desires to maintain certain records for periods oftime exceeding the minimum state retention requirement; and WHEREAS, the Department ofState has recognized the City's desire and has recommended that the City adopt a written policy for retention of these aforementioned records as set forth herein; and WHEREAS, City Commission deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Records Retention Policy Established The City Commission of the City of Winter Springs, Florida hereby adopts this Records Retention Policy ("Policy") in order to establish a procedure for requiring retention of certain records for periods oftime exceeding the minimum state retention period, as such retention may be deemed necessary by the City Commission or City Manager. Section 3. Necessity. This Policy is necessary to ensure accuracy and thoroughness in the preservation of official actions taken by the City. By implementing this Policy, certain records City of Winter Springs Resolution No. 2008-23 Page 1 of 3 essential to the growth and management of the City will be retained for a period of time exceeding the minimum retention requirements provided by the State of Florida. This Policy is intended to preserve a more comprehensive historical record of actions previously taken by the City. Section 4. Authorization of Extended Retention Schedules. The City Commission of the City of Winter Springs hereby authorizes the creation of retention schedules exceeding the minimum retention periods established in the Department of State General Records Schedule GS I- SL for State and Local Government Agencies pursuant to the following procedures: A. Resolution of the City Commission. The City Commission may, by resolution, extend the minimum retention schedule(s) applicable to official records of the City Commission, if said extension furthers a valid administrative, operating legal or other municipal purpose. B. Administrative Order of the City Manager. The City Manager may, through issuance of a written administrative order, extend the minimum retention schedule(s) applicable to any records that are not official records of the City Commission. The City Manager's issuance of a written administrative order shall further a valid administrating, operating, legal or other municipal purpose. Categories of Records may be divided into subcategories of records in order to establish different retention schedules for various records within a specific Category of Records. Section 5. Form. Resolutions and administrative orders shall be in substantially the same form as the Department ofState General Records Schedule GS 1-SL, as exemplified below, and item numbers shall correspond to those set forth in GSl-SL: [Category of Record] Item # (Description ofthe record series as provided in the Department of State General Records Schedule GS I -SL.) Retention: a) Record copy. _ (insert extended period of time) anniversary years after (insert language established bythe Department of State General Records Schedule GS 1-SL). b) Duplicates. Retain until obsolete, superseded, or administrative value is lost. Section 6. City Clerk Responsibilitti The City Clerk shall be responsible for maintaining a record of resolutions of the City Commission and administrative orders of the City Manager issued pursuant to Section 4 of this Resolution and for the retention of any records subject to said resolutions or administrative orders. City of Winter Springs Resolution No. 2008-23 Page 2 of 3 Section 7. Amendment to Policv. This Policy may be amended from time to time by Resolution of the City Commission. Section 8. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 9. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 10. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Commission of the City of Winter Springs, Florida. Section 11. Prospective Application. Any records retention schedule adopted pursuant to this Resolution shall apply prospectively. Nothing herein shall require the City to recreate, retrieve, restore or preserve public records that have been disposed of prior to the effective date of this Resolution in accordance with the disposal process for public records established under Florida law. RESOLVED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this 28`'' day of April, 2008. ,' AT,TF~ST: i 1 { ~ °LORENZO-LUACES, City Clerk Approved,a to legal form and sufficiency for the City of inter Springs only: HONY A. GARGANESE, City Attorney `. A,~ _T.Y . J F. BUSI~N~ayox • J City of Winter Springs Resolution No. 2008-23 Page 3 of 3