Chapter 2.10
RECORDS RETENTION AND DESTRUCTION

Sections:

2.10.010    Purpose.

2.10.020    Procedure.

2.10.030    General guidelines.

2.10.040    Specific guidelines.

2.10.050    Long-term debt records.

2.10.060    District records.

2.10.070    Statements of economic interest (SEI) [Form 700] filed pursuant to the Political Reform Act.

2.10.080    Contracts.

2.10.090    Property records.

2.10.100    Payroll and personnel records.

2.10.110    Exposure/safety records and material safety data sheets (MSDS).

2.10.120    Video monitoring, telephone and radio communications – Other video and audio recordings.

2.10.130    Records retention schedule.

2.10.010 Purpose.

The purpose of this policy is to provide guidelines to staff regarding the retention of records of the Hi-Desert Water District (the “district”); provide for the identification, maintenance, and safeguarding of district records and the destruction of obsolete records in the normal course of business; ensure prompt and accurate retrieval of records; and ensure compliance with legal and regulatory requirements. [Res. 15-16 § 2 (Exh. A)].

2.10.020 Procedure.

A. The department head completes and signs a “Request for Destruction of Obsolete Records” form, listing the date and description of each document to be destroyed. A sample form is attached to this section as Attachment “A.” The department head submits the form to the records coordinator.

B. The records coordinator checks the documents listed on the submitted form to confirm that each document is: (1) not required to be permanently retained, or (2) has been retained for the legally required period of time. The records coordinator also confirms that any applicable reproduction requirements (i.e., imaging, etc.) for each document are complete.

C. The records coordinator submits the form to the general manager, who reviews and signs the form and then returns the signed form to the records coordinator.

D. After receiving the signed form from the general manager, the records coordinator oversees the destruction of the obsolete documents, indicates the method of destruction on the form, signs the form and returns the original signed form to the general manager.

E. The general manager will retain all original signed forms requesting destruction of obsolete records for a minimum period of two years.

F. The general manager will retain a permanent record, such as a log or copies of certificates of destruction, in whatever format he/she determines to be convenient for the purpose, to document the destruction of obsolete records of the district.

Attachment A

REQUEST FOR DESTRUCTION OF OBSOLETE RECORDS

HI-DESERT WATER DISTRICT

To:    General Manager

From:    Records Coordinator

Subject:    Request for Destruction of Obsolete Records

I am requesting approval to destroy the obsolete records listed below.

DATE OF RECORD

DESCRIPTION OF RECORD

 

 

 

 

 

 

 

 

APPROVED

 

 

______________________________

____________

 

Department Head

Date

 

______________________________

____________

 

General Manager

Date

 

The obsolete records described above were destroyed under my supervision using the following method:

☐ Shredding

☐Burning

☐Other (specify method)

I certify that such destruction meets the requirements of the Records Retention and Destruction Policy of Hi‑Desert Water District and all applicable requirements of State and federal law.

______________________________

________________________

 

Records Coordinator

Date of Records Destruction

 

[Res. 15-16 § 2 (Exh. A)].

2.10.030 General guidelines.

A. The records coordinator, designated by the general manager, shall be responsible for the administration of this policy and shall assist all district personnel to comply with the provisions of this policy and with the “Records Retention Schedle,” set forth in Attachment “B” in HDWDC 2.10.130.

B. The following general guidelines apply to all district records:

1. Pursuant to the resolution adopted by the board of directors, except where a record is expressly required to be preserved according to state law, the district may destroy any original obsolete document without retaining a copy of the document as long as the retention and destruction of the document complies with the retention schedule as set forth in this policy (Government Code Section 60201).

2. In addition to the retention periods required under this policy, the district shall retain original administrative, legal, fiscal and/or historical records with continued value (i.e., records for long-term transactions and/or special projects) until all matters pertaining to such records are completely resolved or the time for appeals has expired. (Government Code Sections 14755(a) and 34090.)

3. Pursuant to Government Code Section 60201, the district shall not destroy any of the following records:

a. Records relating to the formation, change of organization, or reorganization of the district;

b. Ordinances and resolutions, unless they have been repealed or have become invalid or otherwise unenforceable for five years;

c. Minutes of any meeting of the district;

d. Records relating to any pending claim, litigation, any settlement or other disposition of litigation within the past two years;

e. Records that are the subject of any pending request for records under the California Public Records Act, whether or not the record is exempt from disclosure, until the request has been granted or two years after the request has been denied by the district;

f. Records relating to any pending construction that the district has not accepted or for which a stop notice claim may be legally presented;

g. Records relating to any nondischarged debt of the district;

h. Records relating to the title to real property in which the district has an interest;

i. Records relating to any nondischarged contract to which the district is a party;

j. Records that have not fulfilled the administrative, fiscal, or legal purpose for which they were created or received;

k. Unaccepted bids or proposals, which are less than two years old, for the construction or installation of any building, structure or other public work;

l. Records less than seven years old that specify the amount of compensation or expense reimbursement paid to district employees, officers, or independent contractors. [Res. 15-16 § 2 (Exh. A)].

2.10.040 Specific guidelines.

A. Accounting Records. Accounting records include, but are not limited to, the following:

1. Source Documents.

a. Invoices;

b. Warrants;

c. Vouchers;

d. Requisitions/purchase orders (attached to invoices);

e. Cash receipts;

f. Claims (attached to warrants in place of invoices);

g. Bank statements;

h. Bank deposits;

i. Checks;

j. Bills;

k. Various accounting authorizations taken from district minutes, resolutions or contracts.

2. Journals.

a. Cash receipts;

b. Accounts receivable or payable register;

c. Check or warrant register;

d. General journal;

e. Payroll journal.

3. Ledgers.

a. Expenditure;

b. Revenue;

c. Accounts payable or receivable ledger;

d. Assets/depreciation;

e. Warrants payable;

f. Construction;

g. General ledger.

4. Trial balance.

5. Adjusting entries.

6. Statements (Interim or Certified – Individual or All Fund).

a. Balance sheet;

b. Analysis of changes in available fund balance;

c. Cash receipts and disbursements;

d. Inventory of fixed assets (purchasing).

7. Journal entries.

8. Reversing entries.

9. Payroll and personnel records include, but are not limited to, the following:

a. Accident reports, injury claims and settlements;

b. Applications, changes or terminations of employees;

c. Earnings records and summaries;

d. Fidelity bonds;

e. Garnishments;

f. Insurance records of employees;

g. Job descriptions;

h. Medical histories;

i. Retirements;

j. Time cards.

10. Other.

a. Inventory records (purchasing);

b. Capital asset records (purchasing);

c. Depreciation schedule;

d. Cost accounting records.

B. General ledgers should be retained a minimum of four years after completion of any annual audit. (Code of Civil Procedure Section 337.) Published articles show retention periods of four to seven years as typical. The Secretary of State recommends that general ledgers be permanently retained. (Secretary of State Local Government Records Management Guidelines; Government Code Section 34090.)

C. In general, the district should retain original source documents that are detailed in a register, journal, ledger or statement until audited plus four years. Certain source documents may be retained for a shorter period of time. Refer to the records retention schedule for specific accounting documents.

D. At any time, the district may destroy rough drafts, notes, or working papers (except for audits) that are not retained by the district in the ordinary course of business, including temporary or transitory documents used only for controlling the flow of work (i.e., “Post-it” notes).

E. In addition to any required legal retention period, the district shall not authorize the destruction of any record subject to audit until it has been determined that the audit has been performed. (Government Code Sections 14755(b) and 34090.) [Res. 15-16 § 2 (Exh. A)].

2.10.050 Long-term debt records.

A. The district may destroy paid bonds, warrant certificates and interest coupons after 10 years.

B. The district may not destroy any documents relating to any nondischarged debt. (Government Code Section 60201(d)(7).) [Res. 15-16 § 2 (Exh. A)].

2.10.060 District records.

A. The district shall retain original records of the minutes of meetings of the board of directors indefinitely. (Government Code Sections 34090 and 60201.)

B. The district shall retain original resolutions adopted by the board indefinitely. (Government Code Section 60201.) [Res. 15-16 § 2 (Exh. A)].

2.10.070 Statements of economic interest (SEI) [Form 700] filed pursuant to the Political Reform Act.

A. Filing officers shall retain copies of statements of economic interest (SEI) [Form 700] of elected officials for four years (originals are forwarded to the California Fair Political Practices Commission (FPPC)). The officer does not have to keep more than one copy of a statement. After two years, the copies may be imaged and stored electronically. (Government Code Sections 81009(f) and (g).)

B. Filing officers shall retain originals of statements of economic interest (SEI) [Form 700] of designated employees for seven years. After two years, the originals may be imaged and stored electronically. (Government Code Sections 81009(e) and (g).) [Res. 15-16 § 2 (Exh. A)].

2.10.080 Contracts.

A. The district shall retain original contracts for four years after the end of the contracts. (Code of Civil Procedure Section 337.)

B. The district shall retain contracts with any person or entity who develops real property or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or improvement to real property for 10 years after the completion of the construction or improvement. (Code of Civil Procedure Section 337.15.) [Res. 15-16 § 2 (Exh. A)].

2.10.090 Property records.

The district shall retain original property records, such as title documents, indefinitely, or until the property is transferred or otherwise no longer owned by the district. (Government Code Sections 34090 and 60201.) [Res. 15-16 § 2 (Exh. A)].

2.10.100 Payroll and personnel records.

A. Payroll and personnel records include, but are not limited to, the following:

1. Accident reports, injury claims and settlements;

2. Medical histories;

3. Injury frequency charts;

4. Applications, changes and terminations of employees;

5. Insurance records of employees;

6. Time cards;

7. Job descriptions;

8. Performance or rating documents;

9. Earning records and summaries.

Records specifying amounts of compensation or expense reimbursement paid to district employees, officers, or independent contractors must be retained for seven years after date of payment. (Government Code Section 60201.)

B. The district shall retain personnel files for three years after an individual’s employment terminates. (29 CFR 1627.3.)

C. The district shall retain medical records of employees for 30 years beyond the length of employment. Medical records include records made or maintained by a physician, nurse, or other health care personnel or technician pertaining to employees exposed to toxic substances or harmful physical agents. Medical records do not include first aid records for one-time treatment made on site by a nonphysician or observation of minor scratches, cuts, burns, splinters, etc., which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job. For employees who are employed by the district for less than one year, the district does not need to retain the employee’s medical records if the district provides the employee with such records upon termination of employment. (29 CFR 1910.1020; 8 California Code of Regulations Section 3204.)

D. The district may destroy personnel fidelity bonds two years after termination. Wage garnishments must be retained while active until garnishment is satisfied, then retain until audited plus four years.

E. The district shall retain payroll records containing the name, address, date of birth, sex, job classification, hours worked, and regular and overtime wages for each employee for three years beyond the length of employment and seven years from date of payment. (29 CFR Part 516.5; Labor Code Sections 174 and 1197.5; and Government Code Section 60201.) Payroll registers should be retained for a minimum of seven years from date of payment. Permanent retention of payroll registers is recommended in the Secretary of State Local Government Records Management Guidelines.

F. The district shall retain basic time cards or time sheets, on which are entered daily starting and stopping times of individual employees, for a minimum of three years. The Secretary of State guidelines recommends retaining such documents for six years. (29 CFR Part 516.6; Labor Code Section 1174; and Secretary of State Local Government Records Management Guidelines.)

G. The district shall retain employment applications and employment referral records and files for two years after such records or files are created. (Government Code Section 12946 and 29 CFR 1627.3.)

H. The district shall retain records regarding the race, sex, and national origin of each applicant and for the job for which such applicant applied for two years from the date of the making of the record or the date of the personnel action involved, whichever occurs later. The district may either retain the original documents used to identify applicants, or keep statistical summaries of the collected information. (2 California Code of Regulations Section 7287.0.) [Res. 15-16 § 2 (Exh. A)].

2.10.110 Exposure/safety records and material safety data sheets (MSDS).

A. The district shall retain employee exposure records and exposure assessment records for at least 30 years. Such records should reveal the identity of the toxic substance or harmful physical agent and where and when such substance or agent was used. (8 California Code of Regulations Section 3204.)

B. The district may destroy the material safety data sheet (MSDS) for a hazardous substance after the district stops using the hazardous substance provided it keeps a record of the substance (chemical name if known) and when and where it was used for 30 years. (8 California Code of Regulations Section 3204(d)(1)(B)(2).) [Res. 15-16 § 2 (Exh. A)].

2.10.120 Video monitoring, telephone and radio communications – Other video and audio recordings.

A. The district shall retain recordings of routine video monitoring (e.g., building security taping systems) for at least one year. After the one-year retention period, the district may destroy the video recording upon approval by the district. (Government Code Sections 34090.6 and 53160.)

B. Upon authorization of the district, recordings of telephone and radio communications maintained by the district may be destroyed after 100 days. (Government Code Sections 34090.6 and 53160.)

C. If the district keeps another record, such as written minutes, of an event that is recorded on video (other than board of directors meetings), the district must keep the video recording of the event for at least 90 days after the occurrence of the event. After 90 days, the video recording may be destroyed or erased, upon approval by the district. (Government Code Section 34090.7.)

D. If the district makes or directs the making of recordings of board of directors meetings, such as audio or video recordings, for whatever purpose, the district must keep the recordings for at least 30 days after the meeting date. (Government Code Section 54953.5(b).)

E. Other audio or video recordings which are not related to the conduct of the public’s business (e.g., educational or promotional videos) are not considered to be official district records and may be destroyed after they are no longer required, as provided in the resolution adopting this policy. (Government Code Sections 6252(e) and 60201.) [Res. 15-16 § 2 (Exh. A)].

2.10.130 Records retention schedule.

The “Records Retention Schedule” is attached to the policy codified in this chapter as Attachment “B” and is incorporated herein by reference. This policy and the records retention schedule comply with the records retention guidelines provided by the California Secretary of State and may be updated from time to time, as provided in the resolution adopting this policy.

Attachment B

RECORDS RETENTION SCHEDULE – HI-DESERT WATER DISTRICT

Destruction of any record must be authorized according to district policy.

RECORDS RETENTION SCHEDULE 

Type of Record

Category

Description or Example of Record

Legal Authority

Minimum Legal Retention Period

Accident/Illness Reports

Administration

Not a public record

For employee medical records and employee exposure records regarding exposure to toxic substances or harmful physical agents – includes material safety data sheets (MSDS)

Does not include: records of health insurance claims maintained separate from employer’s records; first aid records of one-time treatments for minor injuries; records of employees who worked less than one year if records are given to employee upon termination

GC 6254(c)

8 CCR 3204(d)(1)(A), (B)

Length of employment plus 30 years

Accidents/Damage to District Property

Administration

Risk management administration

GC 34090

CCP 337.15

10 years

Accounts Payable

Finance

Journals, statements, asset inventories, account postings with supporting documents, vouchers, investments, invoices and back-up documents, purchase orders, petty cash, postage, PERS reports, check requests, etc.

CCP 337

26 CFR 31.6001-1(e)(2)

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Until audited + 4 years

Expense reimbursements to employees and officers, travel expense reimbursements or travel compensation

GC 60201(d)(12)

7 years after date of payment

Accounts Receivable

Finance

Receipts for deposited checks, coins, currency; checks received, reports, investments, receipt books, receipts, cash register tapes, payments for fees, permits, etc.

CCP 337

26 CFR 31.6001-1(e)(2)

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Until audited + 4 years

Affidavits of Publication/Posting

Administration

Legal notices for public hearings, publication of ordinances, etc.

GC 34090

2 years

Agency Report of Public Official Appointments (FPPC Form 806)

Administration

Report of additional compensation received by district officials when appointing themselves to committees, boards or commissions of other public agencies, special districts, joint powers agencies or joint powers authorities. Current report must be posted on the district’s website

FPPC Reg. 18702.5(b)(3)

GC 34090

Recommended retention: Keep a paper copy of report for 2 years after removal from the district’s website

Agenda/Agenda Packets

Administration

Original agendas/special meeting notices/certificates of posting, etc. – board of directors’ meetings

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Current + 2 years

Agenda Reports (Staff Reports)

Administration

Documentation received, created and/or submitted to board of directors

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Current + 2 years

Agreements

(see also Contracts)

Administration

Original contracts and agreements and back-up materials, including leases, license agreements, service/maintenance contracts, etc.

CCP 337, 337.2, 343

4 years after termination/completion

Original contracts/agreements regarding the development of real property, design specifications, surveying, planning, supervision, testing, or observation of construction or improvement to real property; may include records of retention releases, retention withheld, change orders, etc.

CCP 337.15

10 years after termination/completion

Annexations/Reorganizations

Development

Notices, resolutions, certificates of completion

GC 34090, 60201(d)(1)

Permanent

Annual Financial Report

Finance

May include independent auditor analysis

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Until audited + 7 years

Appraisals

Development

For real property owned by district – Not a public record until real estate transaction is complete

GC 6254(h), 34090

2 years

Articles of Incorporation

Administration

 

GC 34090, 60201

Permanent

Audit Reports

Finance

Financial services, internal and/or external reports, independent auditor analysis

GC 34090

Sec. of State Local Gov’t. Records Retention Guidelines

Current + 4 years

Sec. of State Guidelines recommends permanent retention (may be revised at a later time)

Audit Hearing or Review

Finance

Documentation created and/or received in connection with an audit hearing or review

GC 34090

2 years

Backflow Test Reports

Public Works

Reports of testing and maintenance – water supply

17 CCR 7605

3 years

Bank Account Reconciliations

Finance

Bank statements, receipts, certificates of deposit, etc.

26 CFR 31.6001-1(e)(2)

4 years

Sec. of State Guidelines – recommended retention: until audited + 5 years

Bids, Successful

Development

Includes plan and specifications, notices/affidavits

GC 34090

CCP 337, 337.1

4 years

Bids, Unsuccessful

Development

Unsuccessful bid packages only

GC 34090, 60201

2 years

Billing records

Finance

Utility bill stubs – submitted with payment

GC 34090

Current + 2 years

Bonds

Finance

Authorization/public hearing records/prospectus/proposals/certificates/notices (transcripts)/registers/statements

CCP 337.5

Upon cancellation, redemption, or maturity + 10 years

Bonds – Employee (Fidelity Bonds)

Finance

Form of insurance that covers employer (district) for losses resulting from fraudulent acts of specified employees

CCP 34090

Current + 2 years

Bonds – Paid/Cancelled

Finance

Paid or cancelled bonds, warrant certificates, interest coupons

CCP 337.5

10 years

Bonds – Unsold

Finance

Unsold bonds

GC 34090, 43900 et seq.

2 years (specific requirements for disposal of unused bonds)

Bonds – Final

Finance

Final bond documentation, monthly statement of transactions, supporting documents

CCP 337.5

Upon cancellation or maturity + 10 years

Bonds, Development

Finance

Housing, industrial development

CCP 337.5

Upon cancellation or maturity + 10 years

Bonds, Surety

Finance

Documentation created and/or received in connection with the performance of work/services for the district

CCP 337

4 years

Brochures/Publications

Administration

Retain selected documents only for historic value

GC 34090

2 years

Budget, Annual

Finance

Annual operating budget approved by the board of directors

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Sec. of State recommends permanent retention

California – OSHA

Administration

Personnel – logs, supplementary record, annual summary (federal and state – California OSHA)

LC 6410

8 CCR 14307

5 years

California State Tax Records

Finance

Forms filed annually, quarterly and year-end reports

R&TC 19530, 19704

6 years

Campaign Statements and Other Campaign Reports (Originals) – Board of Directors

Administration

Original statements of candidates and supporting committees; other original reports and statements

GC 81009(c), (e), (g)

7 years (can image after 2 years)

Campaign Statements and Other Campaign Reports (Copies)

Administration

Copies of reports/statements (if filing officer is not required to keep more than copy)

GC 81009(f), (g)

4 years (can image after 2 years)

Capital Improvements, Construction

Public Works

Records on planning, design, construction, conversion or modification of local government-owned facilities, structures and systems

GC 34090

H&S 19850

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Permanent

Checks – District-Issued

Finance

District checks paid – expense reimbursements to employees, payments to independent contractors, etc. Includes check copies, canceled or voided checks, electronic versions of checks

GC 60201(d)(12)

CCP 337

7 years

District checks paid to vendors; other district payments. Includes check copies, canceled or voided checks, electronic versions of checks

Sec. of State Local Gov’t. Records Mgmt. Guidelines

CCP 337

26 CFR 31.6001-1(e)(2)

Until audited + 4 years

Sec. of State Guidelines recommends until audited + 5 years

Citizen Feedback

Administration

General correspondence

GC 34090

2 years

Claims Against the District

Administration

Paid/denied

GC 25105.5, 60201(d)(4)

Until settled + 5 years (may be microfilmed after 3 years)

Clean Water State Revolving Fund – State Water Resources Control Board

Administration

Clean water state revolving fund records include, but are not limited to, the following:

(a) Signed contracts and/or agreements;

(b) Bid documents;

(c) Design plans of the collection system and wastewater reclamation facility;

(d) Timecards;

(e) Environmental documents;

(f) EADOC correspondence;

(g) Invoices;

(h) Disbursement requests.

GC 6020060203

The district should retain original source documents that are submitted to the state and reimbursed by the CWSRF loan for the length of 36 years after project completion.

At any time, the district may destroy rough drafts, notes, working papers (except for audits) that are not retained by the district in the ordinary course of business, including temporary or transitory documents used only for controlling the flow of work (i.e., “Post-it” notes).

Collective Bargaining Agreements

Administration

 

29 CFR 516.5

Current + 3 years

Complaints – Customer Complaints – Water Quality, Water Outages

Administration

Customer complaints regarding water quality – odor, taste, appearance; or water outages

40 CFR 122.41(j)(2)

22 CCR 64470

5 years

Complaints – Miscellaneous

Administration

Miscellaneous complaints, not related to specific lawsuits involving the district and not otherwise specifically covered by the retention schedule

GC 34090

2 years

Comprehensive Annual Financial Reports (CAFR)

Finance

Finance

GC 34090

CCP 337

Until audited + 4 years

Conflict of Interest Code

Administration

Conflict of Interest Code – required under Political Reform Act; must be reviewed by July 1st of every even-numbered year and amended if necessary

GC 87300 et seq.

Permanent

Contracts (see also Agreements)

Administration

Original contracts and agreements and back-up materials, including leases, service/maintenance contracts, etc.

CCP 337, 337.2, 343

4 years after termination/completion

Original contracts/agreements regarding the development of real property, design, specifications, surveying, planning, supervision, testing, or observation of construction or improvement to real property; may include records of retention releases, retention withheld, change orders, etc.

CCP 337.15

10 years after termination/completion

Correspondence

Administration

General correspondence, including letters and email; various files, not otherwise specifically covered by the retention schedule

GC 34090

2 years

Credit Cards, District-Owned

Finance

Credit card bills or statements, and other records related to the use of district-paid credit cards

GC 60201(d)(12)

7 years after date of payment

Deeds, Real Property

Development

File with recorded documents; originals may not be destroyed

GC 34090, 60201(d)

Permanent

Deferred Compensation Reports

Finance

Finance – pension/retirement funds

29 CFR 516.5, 1627.3

3 years

Demographic  Statistical Data

Administration

 

GC 34090

Current + 2 years

DMV Driver’s Records Reports (DMV Pull-Notice System)

Administration

Motor vehicle pulls – personnel record – not a public record

GC 36254(c), 4090

VC 1808.1(c)

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Until superseded (should receive new report every 12 months)

Sec. of State recommends until termination + 7 years

Easements, Real Property

Development

File with recorded documents; originals may not be destroyed

GC 34090

Permanent

EEOC Records (Equal Employment Opportunity Commission)

Human Resources

Records, reports showing compliance with federal equal employment requirements (EEO-4 reports, etc.)

29 CFR 1602.30

3 years

Election – Administrative Documents

Administration

Not ballot cards or absentee voter lists/applications

GC 34090

2 years

Election – Affidavit Index

Administration

Voter registration index

EC 17001

5 years

Election – Ballots and Related Documents

Administration

State and local elections: All ballot cards (voted, spoiled, canceled) arranged by precinct, unused absentee ballots, ballot receipts, absent voter identification envelopes, absentee voter applications. May be destroyed subject to any pending contest

EC 17302, 17306, 17505

6 months

Election – Ballots and Identification Envelope – Federal Offices

Administration

For elections to federal office (President, Vice-President, U.S. Senator, U.S. Representative)

EC 17301

22 months

Election – Ballots – Prop. 218 (Assessment Districts)

Administration

Ballots – property related fees (assessment ballot proceeding)

GC 53755.5(b)(4)

2 years

Election – Canvass

Administration

Notifications and publication of election records used to compile final election results, including tally sheets, voting machine tabulation, detailed breakdown of results, special election results

EC 17304

6 months

Election – Certificate of Election

Administration

Certificates of elections; original reports and statements

GC 81009(a), (d)

Termination + 4 years

Election – Election Official’s Package of Documents

Administration

Package of two tally sheets, copy of index, challenge lists, assisted voters list

Public record – all voters may inspect after commencement of official canvass of voters

EC 17304

6 months

Election – Nomination Documents – Successful

Administration

All nomination documents and signatures in lieu of filing petitions

EC 17100

Until term expires + 4 years

Election – Nomination Documents – Unsuccessful

Administration

 

GC 81009(b)

5 years

Election Petitions – Initiative/Recall/Referendum, Charter Amendments

Administration

Not a public record – documents resulting in an election – retention is from election certification

EC 17200, 17400

GC 6253.5

GC 34458-60

8 months

Election Petitions – No Election

Administration

Not a public record. Not resulting in an election. Retention is from final examination

EC 17200, 17400

GC 6253.5

8 months

Election – Precinct Records

Administration

From date of election: precinct official material, declaration of intention, precinct board member applications, orders appointing members of precinct boards and designating polling places includes notice of appointment of office and record of service

EC 17503

5 months

Election – Roster of Voters

Administration

From date of election, initiative, referendum recall, general municipal election, Charter amendments

EC 17300

5 years

Election – Voter Affidavits

Administration

Affidavits of registration (including cancelled affidavits); voter registration index

EC 17000, 17001

5 years

Election – Voter Registration Signature Copy

Administration

Special district

EC 17000

5 years

Emergency Response and Recovery – FEMA, CalWARN, etc.

Administration

Emergency response and recovery records include, but are not limited to,

the following:

(a) Timecards;

(b) Photos;

(c) Public notifications;

(d) Mutual aid documentation;

(e) Contracts and purchases;

(f) Water testing reports;

(g) Incident reports.

GC 6020060203

The district should retain original source documents that are created during an emergency and/or submitted to an emergency response agency for reimbursement for 7 years after the date of incident.

At any time, the district may destroy rough drafts, notes, working papers (except for audits) that are not retained by the district in the ordinary course of business, including temporary or transitory documents used only for controlling the flow of work (i.e., “Post-it” notes).

Employee Benefits

Human Resources

Benefit plans (include “cafeteria” and other plans), health insurance programs; records regarding COBRA – extension of benefits for separated employees, insurance policies (health, vision, dental, deferred compensation, etc.)

29 USC 1027

11 CCR 560

28 CCR 1300.85.1

29 CFR 1627.3(b)(2)

For life of plan/policy + 6 years

Employee Bonds (Fidelity Bonds)

Administration

Form of insurance that covers the district for losses resulting from fraudulent acts of specified employees

GC 34090

While employed + 2 years

Employee Files

Administration

Personnel – not a public record

GC 6254(c), 12946

While current + 2 years

Employee Information, General

Administration

Name, address, date of birth, occupation

GC 12946

29 CFR 1627.3

LC 1174

3 years

Employee Information, Payment

Administration

Rate of pay and weekly compensation earned

GC 60201

7 years

Employee Information – CEIR

Administration

Personnel – California employer information report (for employers of 100 or more employees)

2 CCR 7287(a), 7287.0(a), (c)(2)

GC 12946

2 years

Employee Information – And Non-Hired Applicant Identification Records

Administration

Personnel – data regarding race, sex, national origin of non-hired applicants and employees

2 CCR 7287.0(b), (c)(2), (c)(3)

Current + 2 years

Employee, Medical and Exposure Records (Toxic Substances or Harmful Physical Agents)

Administration

Medical records are part of personnel file – not a public record

Includes medical records made or maintained by a physician, nurse, or other health care personnel, or technician pertaining to employees exposed to toxic substances or harmful physical agents

Does not include first aid records of one-time treatment made on site by a non-physician or observation of minor scratches, cuts, burns, splinters, etc., which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job

(For employees of less than one year, no need to retain medical records regarding exposure to toxic substances/harmful physical agents if they are returned to employee upon termination)

GC 6254(c)

29 CFR 1910.1020

8 CCR 3204 (d)(1)(A)(B)

Length of employment + 30 years

Employee, Nonsafety

Administration

Nonsafety employee records may include: release authorizations, certifications, reassignments, outside employment, commendations, disciplinary actions, terminations, oaths of office, evaluations, pre-employee medicals, fingerprints, identification cards (IDs)

29 CFR 1627.3

GC 12946

Length of employment + 3 years

Employee Programs

Administration

Includes EAP and recognition

GC 12946, 34090

Current + 2 years

Employee, Recruitment

Administration

Alternate lists/logs, ethnicity disclosures, examination materials, examination answer sheets, job bulletins

GC 12946, 34090

29 CFR 1602 et seq.

29 CFR 1627.3

Current + 2 years

Employee, Reports

Administration

Employee statistics, benefit activity, liability loss

GC 34090

Current + 2 years

Employee Rights – General

Administration

 

GC 12946

29 CFR 1602.31

Length of employment + 2 years

Employment Agreements – At-Will Employees; Temporary Employees

Human Resources

Original agreements/contracts for at-will employees or temporary employees

CCP 337, 343

Length of employment + 4 years

Employment Applications – Not Hired

Administration

Applications submitted for existing or anticipated job openings, including any records pertaining to failure or refusal to hire applicant

GC 12946, 34090

29 CFR 1627.3(b)(1)(i)

2 years

Employment Eligibility Verification (I-9 Forms)

Administration

Federal Immigration and Nationality Act; Immigration Reform/Control Act 1986

8 USC 1324a (b)(3)

Pub. Law 99-603

3 years after date of hire, or 1 year after date of termination, whichever is later

Employment – Surveys and Studies

Administration

Includes classification, wage rates

GC 12946, 34090

29 CFR 516.6

2 years

Employment – Training Records, Nonsafety

Administration

Paperwork documenting internal and external training for nonsafety employees, includes any volunteer program training – class training materials, internships

GC 12946, 34090

Length of employment + 2 years

Employment – Vehicle Mileage Reimbursement Rates

Administration

Annual mileage reimbursement rates set by the Internal Revenue Service

GC 34090

Until superseded

Environmental Quality – Air Quality (AQMD)

Development

Participants/voucher logs, total daily mileage survey (TDM), various local authorities, commute alternative

CCP 338(k)

GC 34090

3 years

Environmental Quality – Asbestos

Development

Documents, abatement projects, public buildings

GC 34090

Permanent

Environmental Quality – California Environmental Quality Act (CEQA)

Development

When the district is the lead or responsible agency – notice of exemptions, environmental impact report, mitigation monitoring, negative declaration, notices of completion and determination, comments, statements of overriding considerations

GC 34090

CEQA guidelines

Permanent

Environmental Quality – Congestion Management

Development

Ride sharing, trip management

GC 34090

Completion + 2 years

Environmental Quality – Environmental Review

Development

Correspondence, consultants, issues, conservation

GC 34090

Completion + 2 years

Environmental Quality – Pest Control

Development

Pesticide applications, inspections and sampling documents

GC 34090

Completion + 2 years

Environmental Quality – Soil

Development

Analysis, construction recommendations

GC 34090

Completion + 2 years

Environmental Quality – Soil Reports

Development

Final reports

GC 34090

Permanent

ERISA Records (Employee Retirement Income Security Act)

Human Resources

Employee Retirement Income Security Act of 1974 – plan reports, certified information filed

29 USC 1027, 1059

6 years

Ethics Training Records

Administration

Records required to be kept under Gov’t Code § 53235.2. Records must show dates that district officials satisfied the training requirements and the entity that provided the training

GC 53235.2

5 years after receipt of training

Family and Medical Leave Act (Federal)

Administration

Records of leave taken, district policies relating to leave, notices, communications relating to taking leave

29 CFR 825.500

GC 12946

While employed + 3 years (federal) or 2 years (state)

Federal Tax Records

Finance

May include Forms 1096, 1099, W-4 and W-2

29 USC 436

26 CFR 31.6001.1-4

26 CFR 31.6001-1(e)

29 CFR 516.5516.6

5 years after file date

Fixed Assets – Inventory

Finance

Reflects purchase date, cost, account number

GC 34090

Until audited + 2 years

Fixed Assets – Surplus Property

Finance

Auction; disposal – listing of property; sealed bid sales of equipment

GC 34090

CCP 337

Until audited + 4 years

Fixed Assets – Vehicle Ownership and Title

Finance

Title transfers when vehicle is sold

VC 9900 et seq.

Until sold

Forms

Administration

Administrative – blank

 

Until superseded

Fund Transfers

Finance

Internal; bank transfers and wires

GC 34090

Until audited + 2 years

General Ledgers

Finance

All annual financial summaries – all agencies

GC 34090, 60201(d)(10)

CCP 337

Sec. of State Local Gov’t. Records Retention Guidelines

Until audited + 4 years

Published articles show 4 – 7 years retention as typical

Sec. of State Guidelines recommends permanent retention. (May be revised at a later time by Sec. of State or county officials)

Gift to Agency Report (FPPC Form 801)

Administration

FPPC form showing payment or donation made to the district or to a district official and which can be accepted as being made to the district

FPPC Reg. 18944(c)(3)(F), (G); FPPC Fact Sheet: “Gifts to an Agency – Part 2”

Must be posted on the district’s website for 4 years (per FPPC Fact Sheet)

Gifts/Bequests

Finance

Receipts or other documentation

GC 34090

Until completed + 2 years

Grants – Successful Community Development Block Grant (CDBG); Urban Development; Other Federal and State Grants

Development

Grants documents and all supporting documents: applications, reports, contracts, project files, proposals, statements, subrecipient dockets, environmental review, grant documents, inventory, consolidated plan, etc.

GC 34090

24 CFR 85.42

24 CFR 570.502

Until completed + 4 years

Grants – Unsuccessful

Development

Applications not entitled

GC 34090

2 years

Hazardous Materials – Hazardous Waste Disposal

Public Safety

Documents regarding handling and disposal of hazardous waste

(Permanent retention of environmentally sensitive materials is recommended)

CAL OSHA

Sec. of State Local Gov’t. Records Mgmt. Guidelines

While current + 10 years

Hazardous Materials – Permits, Hazardous Materials Storage

Public Safety

(Permanent retention of environmentally sensitive materials is recommended)

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

While current + 2 years

Hazardous Materials – Exposure Records, Etc.

Public Safety

Employee exposure records, name/identity of chemical substance used, when and where chemical substance was used

8 CCR 3204(d)(1)(B)

30 years

Hazardous Materials – Underground Storage Tank

Public Safety

Compliance: documents regarding: storage, location, installation, removal, remediation, maintenance and repair

GC 34090

Permanent

Improvements (Lighting, Underground Utility) – Supporting Documents

Public Works

Supporting documents – bonds, taxes, construction

GC 34090

Sec. of State Local Government Records Management Guidelines

Permanent

Insurance, Joint Powers Agreement

Finance

Accreditation, MOU, agreements and agendas

GC 34090

Current + 2 years

Insurance Certificates

Finance

Liability, performance bonds, employee bonds, property

Insurance certificates filed separately from contracts, includes insurance filed by licensees

GC 34090

Current + 2 years

Insurance, Liability/Property

Finance

May include liability, property, certificates of participation, deferred, use of facilities

GC 34090

Current + 2 years

Insurance, Risk Management Reports

Finance

Federal OSHA forms, loss analysis report, safety reports, actuarial studies

29 CFR 1904.44

GC 34090

5 years (federal)

2 years (state)

Investment Reports, Transactions

Finance

Summary of transactions, inventory and earnings report

GC 34090

CCP 337

Sec. of State Local Government Records Retention Guidelines

Until audited + 4 years

Sec. of State recommends permanent retention

Invoices

Finance

Copies sent for fees owed, billing, related documents

GC 34090

Until audited + 2 years

Job Descriptions

Human Resources

Descriptions of duties, qualifications, responsibilities for each position/classification/job title

29 CFR 1627.3

While current + 3 years

Lease Agreement

Administration

Property or equipment

CCP 337, 337.2, 343

Until terminated + 4 years

Legal Notices/Affidavits of Publication

Administration

Notices of public hearings, proof of publication of notices

GC 34090

2 years

Legal Opinions

Administration

Confidential – not for public disclosure (attorney-client privilege)

GC 34090

Until superseded + 2 years

Litigation

Administration

Case files

GC 34090

Until settled or adjudicated + 2 years

Lobbying or Lobbyist Forms (FPPC forms)

Administration

FPPC Form 602 – Lobbying Firm Activity Authorization; FPPC Form 635 – Report of Lobbyist Employer and Reports of Lobbying Coalition – forms used when employing or contracting with a lobbying firm

FPPC Reg. 18615(d)

5 years

Maintenance Manuals

Administration

Equipment service/maintenance

GC 34090

Current + 2 years

Maintenance/Repair Records

Administration

Equipment

GC 34090

2 years

Marketing, Promotional

Administration

Brochures, announcements, etc.

GC 34090

2 years

Meter Operations

Public Works

Reader reports, orders, tests, maintenance reports

GC 34090

2 years

Meter Reading

Public Works

Reports and rebate reports

GC 34090

Current + 2 years

Minutes – Board Meetings

Administration

Minutes of district board meetings. Documents are to be imaged immediately. Paper records are to be maintained permanently by the board

GC 34090, 60201(d)(3)

Permanent

Newsletter, District

Administration

May wish to retain permanently for historic reference

GC 34090

2 years

Notices – Public Meetings

Administration

Special meetings

GC 34090

2 years

Oaths of Office

Administration

Elected and public officials – board members

GC 34090

29 USC 1113

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Current + 6 years

OSHA

Administration

OSHA Log 200, supplementary record, annual summary (federal and state – California – OSHA); OSHA 300 Log, privacy case list, annual summary, OSHA 301 incident report forms

LC 6410

8 CCR 14307

29 CFR 1904.21904.6

5 years

OSHA (Accident/Illness Reports)

Administration

Personnel – employee exposure records and employee medical records

Not a public record

LC 6410

8 CCR 3204

8 CCR 14307

GC 6254(c)

Duration of employment + 30 years

Payroll – Federal/State Reports

Finance

Annual W-2s, W-4s, Form 1099s, etc.; quarterly and year-end reports

GC 60201

7 years

Payroll Deduction/Authorizations

Finance

Finance

29 CFR 516.6(c)

GC 60201

While current + 7 years

Payroll Records

Finance

Records that specify compensation paid to employees, officers

GC 60201(d)(12)

7 years after date of payment

Payroll Records, Terminated Employees

Finance

Finance files

29 CFR 516.5

GC 60201(d)(12)

7 years from date of last entry

Payroll, Registers

Finance

Payroll registers, payroll reports

29 CFR 516.5(a)

LC 1174(d)

GC 60201

7 years from date of last payment

Registers that show labor costs by employee and program

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Sec. of State recommends permanent retention

Payroll, Time Cards/Sheets

Finance

Employee

29 CFR Part 516.6

8 CCR 11000 – 11150

LC 1174

Sec. of State Local Government Records Mgmt. Guidelines

3 years

Sec. of State recommends until audited + 6 years

Payroll – Wage Rates/Job Classifications

Finance

Employee records

GC 60201

While current + 7 years

PERS – Employee Benefits

Administration

Retirement plan – annual reports required to be filed under ERISA

29 USC 1027

6 years

PERS Employee Benefit Plan – original document or copies

29 CFR 1627.3(b)(2)

Current + 2 years

Personnel Records

Administration

Other records (not payroll) containing name, address, date of birth, occupation, etc., including records relating to promotion, demotion, transfer, lay-off, termination

29 CFR 1627.3

3 years

Personnel Rules and Regulations

Administration

Including employee handbooks, employee manuals, and other policies/procedures

CFR 516.6

CFR 1627.3(a)

Current + 3 years

Petitions

Administration

Submitted to legislative bodies

GC 34090

Current + 2 years

Policies, Administrative

Administration

All policies and procedures, directives rendered by the district not assigned a resolution number

GC 34090

Current + 2 years

Policies, District Board

Administration

Original policies adopted by the district board

GC 34090

Current + 2 years

Political Support/Opposition, Requests and Responses

Administration

Related to legislation

GC 34090

2 years

Press Releases

Administration

Related to district actions/activities

GC 34090

2 years

Procedure Manuals

Administration

Administrative

GC 34090

Current + 2 years

Property, Abandonment

Development

Buildings, condemnation, demolition

GC 34090

Permanent

Property Acquisition/Disposition

Development

District owned. Supporting documents regarding sale, purchase, exchange, lease or rental of property by district

CCP 337.15

10 years

Public Records Act Requests

Administration

Requests from the public to inspect or copy public documents

GC 34090

GC 60201(d)(5)

2 years

Purchasing RFQs, RFPs

Finance

Requests for qualifications; requests for proposals regarding goods and services

GC 34090

Current + 2 years

Purchasing, Requisitions, Purchase Orders

Finance

Original documents

GC 34090

CCP 337

Until audited + 4 years

Recordings – Audio (e.g., for preparation of meeting minutes)

Administration

Audio recordings of board meetings “made for whatever purpose by or at the direction of the local agency”

GC 34090, 54953.5(b)

Minimum 30 days

Recordings – Routine Video Monitoring, Telephone, and Radio Communications

Administration

Routine daily recording of telephone communications and radio communications; recordings of routine video monitoring, monitoring systems, or building security systems

GC 53160, 53161

Videos – 1 year; phone and radio communications – 100 days (destruction must have been approved by the board of directors and with written consent of the district’s general counsel). If recordings relate to a claim or pending litigation, they must be preserved until the matter is resolved. If another record of the video recording is kept (written minutes or audio recording), video needs to be kept for only 90 days after the recorded event

Recordings, Video Recordings – Meetings of Legislative Bodies

Administration

Recordings of public meetings made by or at the direction of the district (e.g., board meetings)

GC 54953.5

Minimum 30 days

Recordings, Video – Other Events

Administration

Other than video recordings of public meetings; considered duplicate records if another record of the same event is kept (i.e., written minutes or audio recording)

GC 53161

Minimum 90 days after event is recorded. If no other record of the event exists, the recording must be kept 2 years

Records Management Disposition/Destruction Certification

Administration

Documentation of final disposition/destruction of records

GC 34090, 60201(d)(10)

Permanent

Records Retention Schedules

Administration

 

GC 34090

Current + 2 years

Recruitments and Selection

Administration

Records relating to hiring, promotion, selection for training

29 CFR 1627.3

3 years

Resolutions

Administration

Vital records

GC 34090, 60201

Permanent

Returned Checks

Finance

Adjustments – NSF, etc. (not district checks)

GC 34090

CCP 337, 343

Until audited + 4 years

Salary/Compensation Studies, Surveys

Finance

Surveys of other agencies regarding wages, salaries and other compensation benefits

GC 34090

Current + 2 years

State Controller

Finance

Annual reports

GC 34090

2 years

State Tax Records

Finance

Filed annually; quarterly

Refer to federal tax records

5 years after file date

Statement of Economic Interest (SEI) – Form 700 (Copies)

Administration

Copies of original statements of elected officials forwarded to Fair Political Practices Commission (FPPC)

GC 81009(f), (g)

4 years (can image after 2 years)

Statement of Economic Interest (SEI) – Form 700 (Originals) (Non-Elected)

Administration

Originals of statements of designated employees

GC 81009(e), (g)

7 years (can image after 2 years)

Stop Payments

Finance

Finance – bank statements

GC 34090

2 years

Taxes, Special

Finance

Special tax levied by a local agency on a per-parcel basis

CCP 338(m)

Until audited + 3 years

Underground Utility – Supporting Documents

Public Works

Supporting documents for improvements, lighting – bonds, taxes, construction

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Permanent

Unemployment Insurance Records

Finance

Records relating to unemployment insurance – claims, payments, correspondence, etc.

26 USC 33013311

Calif. Unemployment Insurance Code

CCP 343

Current + 4 years

Utility Services – Applications

Public Works

Applications for utility connections, disconnects, registers, service

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Current + 2 years

Utility Services – Billing Records

Public Works

Customer name, service address, meter reading, usage, payments, applications/cancellations, monthly activity

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Until audited + 2 years

Utility Services – Connection Records

Public Works

Maps, water line connections

GC 34090

Sec. of State Local Gov’t. Records Mgmt. Guidelines

Until audited + 2 years

Utility Services – Meter Reading, Reports

Public Works

 

GC 34090

Current + 2 years

Utility Services – Utility Rebates, Reports

Public Works

 

GC 34090

Current + 2 years

Vouchers – Payments

Finance

Account postings with supporting documents

GC 34090

CCP 337

Until audited + 4 years

Wage Garnishment

Finance

Wage or salary garnishment

CCP 337

Active until garnishment is satisfied, than retain until audited + 4 years

Warrant Register/Check Register

Finance

Record of checks issued; approved by legislative body (copy is normally retained as part of agenda packet information)

GC 34090

Until audited + 2 years

Workers’ Compensation Files

Finance

Work injury claims (including denied claims), claim files, reports, etc.

8 CCR 10102

8 CCR 15400.2

Until settled + 5 years

Legal Authority Abbreviations:

CCP    Code of Civil Procedure (California)

GC    Government Code (California)

LC    Labor Code (California)

CCR    California Code of Regulations

H&S    Health and Safety Code

PC    Penal Code (California)

CFR    Code of Federal Regulations

IRC    Internal Revenue Code

R&TC    Revenue and Taxation Code (California)

EC    Elections Code (California)

IRS    Internal Revenue Service

USC    United States Code

[Res. 17-18; Res. 15-16 § 2 (Exh. A)].