Agenda

Return

C. 57

To:	Board of Supervisors
From:	Melinda Cervantes, County Librarian
Date:	May 14, 2019

Contra

Costa

County

Subject:

Authorize the destruction of records in the Library Department

APPROVE	OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR	RECOMMENDATION OF BOARD COMMITTEE

Action of Board On: 05/14/2019

APPROVED AS RECOMMENDED

OTHER

Clerks Notes:

VOTE OF SUPERVISORS

AYE:

John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV Supervisor

ABSENT:

Federal D. Glover, District V Supervisor

Contact:

Samuel Treanor at (925) 608-7702

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: May 14, 2019
David Twa,

BY:	, Deputy

RECOMMENDATION(S):

APPROVE and AUTHORIZE the ongoing destruction of certain County records maintained by the Library Department as follows: (1) Personnel records that are no longer necessary for county purposes and are not otherwise required by law to be preserved may be destroyed at the direction of the County Librarian seven years after employment ends; (2) medical records that are no longer necessary for county purposes and are not required by law to be preserved may be destroyed at the direction of the County Librarian thirty years after employment ends; and (3) other records that are over two years old, are no longer necessary for county purposes, and are not otherwise required by law to be preserved, may be destroyed at the direction of the County Librarian.

FISCAL IMPACT:

None.

BACKGROUND:

In order to efficiently manage the volume of records continuously generated and received, the Library must dispose of unnecessary records and documents that have no apparent historical significance or further administrative or litigation value, are over two years old, are not required to be maintained by statute, and are no longer necessary or required for County purposes pursuant to Government Code section 26202.

For efficient records management, the Library must also dispose of personnel files that have been maintained for more than seven years after employment ends, have no apparent historical significance or further administrative or litigation value, are no longer required by law to be preserved, and are no longer necessary or required for County purposes pursuant to Labor Code section 1198.5(c)(1) and Government Code sections 12946 and 26202.

Finally, for efficient records management, the Library must dispose of medical files that have been maintained for more than thirty years after employment ends, have no apparent historical significance or further administrative or litigation value, are no longer required by law to be preserved, and are no longer necessary or required for County purposes pursuant to Labor Code section 3204(d), Government Code section 26202, and 15 U.S.C. section 2607.

Government Code section 26202 provides that unless the law requires a record to be preserved, any record more than two years old may be destroyed without being photographed, microfilmed or otherwise reproduced if the Board determines by four-fifths (4/5) vote that the retention of such documents is no longer necessary or required for County purposes.

CONSEQUENCE OF NEGATIVE ACTION:

If the Board of Supervisors does not approve this recommendation, then the Library will not have a clearly specified records retention policy. It will need to incur additional expense to locate additional space for further records and for storage of these records.