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C. 45
To: Board of Supervisors
From: Monica Nino, County Administrator
Date: March  9, 2021
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: AUTHORIZATION FOR DESTRUCTION OF RECORDS

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   03/09/2021
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
ABSENT:
Candace Andersen, District II Supervisor
Contact: Julie DiMaggio Enea (925) 655-2056
cc: CAO (Enea)     Superior Court Finance    
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:     March  9, 2021
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the County Administrator, or designee, to execute an order for the destruction of County collections and deposit records maintained by the Superior Court that are over five (5) years old and are no longer necessary or required for County or Court purposes, pursuant to Government Code section 26202 and Trial Court Financial Policies and Procedures Manual.

FISCAL IMPACT:

No fiscal impact.


BACKGROUND:

Under the terms of a Memorandum of Understanding between the County and the Superior Court, the Court administers, on behalf of the County, a collection program for court-ordered debt. In order to efficiently manage the volume of records continuously generated and received, the Court must dispose of unnecessary records and documents. According to the Trial Court Financial Policies and Procedures Manual, FIN 12.01, 6.1.5, the Court is required to retain receipts for fines, fees, penalties collected and other collection receipts for the current year plus four additional years (or from the close date of the State Controller’s Office audit), whichever is longer. The Court has identified 41 boxes of collection and deposit records from FY 2012/13 and 2013/14 meeting this criterion.

  
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.
  
  
Approval is requested to destroy the specified 41boxes of records identified by the Court (see attached list). Passage of this order requires a four-fifths (4/5) vote of the Board of Supervisors.

CONSEQUENCE OF NEGATIVE ACTION:

Negative action would decrease the Court's ability to efficiently manage the volume of records continuously generated and received by the Collections Compliance Unit.

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