Agenda

Return

C.67

To:	Board of Supervisors
From:	Philip F. Kader, County Probation Officer
Date:	February 7, 2012

Contra

Costa

County

Subject:

Probation Department Records Destruction

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 02/07/2012

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor

ABSENT:

Gayle B. Uilkema, District II Supervisor

Contact:

P. Hernandez 3-4149

I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: February 7, 2012
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

AUTHORIZE the destruction of County Records maintained by the Probation Department that are over five (5) years old and are no longer necessary or required for County purposes pursuant to Government Code Section 26202.

FISCAL IMPACT:

None.

BACKGROUND:

In order to efficiently manage the volume of records continuously generated and received, the Probation Department must dispose of unnecessary records and documents that have no apparent historical significance or further administrative or litigation value, are more than five (5) 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.

BACKGROUND: (CONT'D)

Government Code section 26202 provides that any record more than two (2) years old may be destroyed without being photographed, microfilmed or otherwise reproduced if:

1. It is not required by state statute 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, and the board determines by four-fifths (4/5) vote that the retention of such document is no longer necessary or required for county purposes.

Even though the law authorizes destruction of records after two years, the Probation Department will retain its records for more than twice the required retention period. This conservative retention policy will ensure that records remain available for business and legal purposes for a significant period of time.

Passage of this order requires a four-fifths (4/5) vote of the Board of Supervisors.

CONSEQUENCE OF NEGATIVE ACTION: