HomeMy WebLinkAboutResolution 2008-23 Retention of RecordsRESOLUTION 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
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Resolution No. 2008-23
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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.
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Resolution No. 2008-23
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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
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City of Winter Springs
Resolution No. 2008-23
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