Currently, the office has authority to dispose of certain records that are over five years old. Despite this, the office's collection of closed case files has increased to the point that we are running out of space to store them. We anticipate that storage space will be further reduced when we transition to the new building. For these reasons, a shorter disposal schedule is needed. This change will allow the County Counsel's Office to efficiently manage the volume of records continuously generated and received and, when appropriate, dispose of unnecessary records and documents that have no apparent historical significance or further administrative or litigation value, are more than two (2) years old, are not required to be maintained by state statute, and are no longer necessary or required for County purposes pursuant to Government Code section 26202.
Government Code section 26202 provides that any record more than two years old may be destroyed without being photographed, microfilmed or otherwise reproduced if:
1. It is not required by state statue or county charter to be prepared or received; or
2. It is prepared or received pursuant to state statute or county charter, but it is not expressly required by law to be filed or preserved.
Passage of this order requires a four-fifth (4/5) vote of the Board as it relates to documents expressly required by state statute to be prepared or received.
The County Counsel's Office will incur additional costs to secure offsite storage.