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HomeMy WebLinkAboutMINUTES - 08041998 - C56 TO: BOARD OF SUPERVISORS CONTRA FROM: Victor J. Westman, County Counsel COSTA nA ;S DATE: August 4, 1998 COUNTY SUBJECT: Destruction of Records - Financial Disclosure Forms (720,730,700) Retained on File over seven years SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND 3-USTIFICATION RECOMMENDATIONft 1. ESTABLISH an ongoing policy applicable to all agencies, departments, committees, commissions and entities governed by the Board of Supervisors in all of its capacities, to authorize the filing officers for statements of economic interests, to destroy and dispose of such statements which have been filed by persons other than.elected officials and have been retained on file for seven or more years. 2. ADOPT the attached resolution implementing such policy. BA+CI£GROUNDIREASo N(S) FOR RECOMMENDATIONS; The Government Code requires the filing officer to retain original statements of economic interests for a period of not less than seven years. [G.C. § 81009(e)] Establishing an ongoing policy permitting the destruction/disposal of statements retained by filing officers over seven or more years will facilitate records management. Earlier this year the Board approved this policy for the Clerk of the Board of Supervisors. Adoption of the attached resolution will make this policy universal for all entities governed by the Board of Supervisors in its various capacities. CONTINUED ON ATTACHMENT: XXX YES SIGNATURE: 3 RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S). ACTION OF BOARD ON�August 4 . 1998 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A x-_ UNANIMOUS (ABSENT — m — --- ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED: Auaau s t 4 , _U 9 8 PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS Contact: AN COUNTY I. ISTRATO cc: County Administrator B � MEPUTY H:\groins\+7 o\B0-Destr ( U C4540 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA (And acting in all capacities in which it serves ex officio as governing body) Adapted this Order on August 4 , 1998 , by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DeSAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT; RESOLUTION NO. 2s/3 3 Retention of Statements ) of Economic Interest ) ) 1 WHEREAS Government Code section 81009 subsection (e) provides that original statements of economic interest (forms 700, 720, 780) filed by persons other than persons holding statewide elective office shall be retained by filing officers for periods of not less than seven years; and WHEREAS Government Code section 26202 provides that upon a fourtfifths vote, the Board of Supervisors may authorize the destruction of any record which is more than two years old, which is not required by law to be preserved, and which was prepared or received pursuant to state statute, when the retention of such record is no longer necessary or required for county purposes; IT IS RESOLVED THAT; 1. Retention of statements of economic interest filed by persons other than elected public officials, is not necessary or required for county purposes after such statements have been on file for seven years; 2. In any department, agency, commission, committee, or entity governed by the Board of Supervisors in any of its various capacities, when original or duplicate statements of economic interest which were filed by persons other than elected public officials have been retained for seven years or more, thereafter, the ding officer having custody of such statements is authorized to destroy and dispose of such statements. I hereby certify that this is a true and correct Grapy of an action taken and entered on the minutes of the Board of Supervisors on the date shown, ATTESTED: s4 1_928 PHIL 9 8 'HiL SATO 'erf� of the Beard Supe isars runty 4dministrator S DeputyCONTACT: Orig. Dept: County Counsel cc; All Departments, Agencies, Commissions, Committees, Entities governed by Board of Supervisors in any of its various capacities. RESOLUTION NO. LD 3