Report No: Meeting Date:
TI'?9'NS/T
15-028 February 11, 2015
Alameda-Contra Costa Transit District
STAFF REPORT TO:
Operations Committee AC Transit Board of Directors
FROM:
Linda A. Nemeroff, District Secretary
SUBJECT:
Destruction of Designated Records Maintained by the District Secretary's Office
ACTION ITEM RECOMMENDED ACTION(S): Consider adoption of Resolution No. 15-004 authorizing the destruction of designated records maintained by the District Secretary's Office. EXECUTIVE SUMMARY: The Public Utilities Code allows for the sale, destruction, or other disposition of any record, map, book, or paper in the possession of the District or any officer or employee upon a determination by the Board of Directors that it is of no further value to the District. The District Secretary's Office has determined that the records identified in this report have fulfilled their administrative, fiscal and/or legal function and requests authorization to have these records destroyed. BUDGETARY/FISCALIMPACT: There is no direct budgetary or fiscal impact associated with this report.
BACKGROUND/RATIONALE: Public Utilities Code Section 25772 provides that whenever the Board by resolution determines that any record, map, book, or paper in the possession of the District or any officer or employee thereof is of no further value to the District, the Board may authorize its sale, destruction, or other disposition. The District Secretary's Office has determined that certain records are no longer of value to the District and requests authorization to have said records destroyed. Outlined below are the types of records, their date range and the statutory retention period for each: Record Type Board/Committee Agendas* (Paper)
Date Range 2009-2012
Retention Period Minimum of 2 years per Govt. Code § 34090 and Board Policy 100, Section 6.23.
237
Report No. 15-028 Page 2 of 2 Board/Committee Action Summaries (Electronic)
2009-2012
Minimum of 2 years per Govt. Code § 34090.
Board/Committee Audio Recordings
2009-2011
Minimum of 3 months if meeting minutes exist per Gov't. Code§ 34090.7. If not, minimum of 2 years per Gov't. Code § 34090. OR Minimum of 3 years per AC Transit Board Policy 100, Section 6.23.
Conflict-of-Interest Filings Board, District Employees, AAC (Paper/Electronic)
2003-2006
Minimum of 7 years per Gov't. Code§ 81009(e).
*Agendas appearing on the District's website will be retained in electronic format as posted until such time they are permanently removed from the website. A complete list of all records recommended for destruction is provided in Exhibit A to Resolution 15-004 attached. The General Counsel has reviewed the list of affected records and concurs with the request for destruction as they have fulfilled their administrative, fiscal and/or legal function.
ADVANTAGES/DISADVANTAGES: There is no advantage to retaining records after their administrative, fiscal and/or legal function has been fulfilled.
ALTERNATIVES ANALYSIS: The alternative would be to retain the above records for a longer period of time, however, the retention periods outlined above are conservative and in accordance with government statutes and Board Policy.
PRIOR RELEVANT BOARD ACTIONS/POLICIES: Board Policy 100- Board of Directors Rules for Procedure DS Memo No. 12-014: Resolution No. 12-003 authorizing the Destruction of Designated Records Maintained by the District Secretary's Office
ATIACHMENTS: 1: Resolution No. 15-004 with Exhibit A
Reviewed by:
Denise C. Standridge, General Counsel
Prepared by:
Linda A. Nemeroff, District Secretary
238
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT RESOLUTION NO. 15-004 A RESOLUTION AUTHORIZING THE DESTRUCTION OF DESIGNATED RECORDS MAINTAINED BY THE DISTRICT SECRETARY WHEREAS, Public Utilities Code Section 25772 provides that whenever the Board by resolution determines that any record, map, book, or paper in the possession of the District or any officer or employee thereof is of no further value to the District, the Board may authorize its sale, destruction, or other disposition; and WHEREAS, The District Secretary's Office has a need to eliminate certain records that are no longer of value to the District and requests the approval of the Board of Directors to destroy said records; and WHEREAS, said request is in accordance with the procedures and requirements set forth in Board Policy 100, Section 6.21 (audio files), Government Code Section 34090 (agendas and action summaries); and Government Code Section 81009 (conflict-of-interest filings); and WHEREAS, the General Counsel's Office has reviewed and approved the request for the destruction of the records designated herein. NOW THEREFORE, the Board of Directors of the Alameda-Contra Costa Transit District does resolve as follows:
Section 1. That the records identified in Exhibit A of this resolution are of no further value to the District. Section 2. Authorizes and orders the District Secretary to destroy the records designated in Exhibit A of this resolution that exceed the retention periods provided in Board Policy 100 and California Government Code Sections 34090 and 81009. Section 3. This resolution shall become effective immediately upon its passage by four affirmative votes of the Board of Directors. PASSED AND ADOPTED this 111h day of February 2015.
H. E. Christian Peeples, President
Resolution No. 15-004
Page 1 of2 239
Attest:
Linda A. Nemeroff, District Secretary I, Linda A. Nemeroff, District Secretary for the Alameda-Contra Costa Transit District, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of 1 the Board of Directors held on the 11 h day of February, 2015 by the following roll call vote:
AYES: NOES: ABSENT: ABSTAIN:
Linda A. Nemeroff, District Secretary
Approved as to Form and Content:
Denise C. Standridge, General Counsel
Resolution No. 15-004
PageZofZ 240
Resolution No. 15-004 Exhibit A
DISTRICT RECORDS DESIGNATED FOR DESTRUCTION
Committee and Joint Meetings Inclusive
Board and Committee Agendas (Paper)
Resolution No. 15-004, Exhibit A 241
This page intentionally blank
242
