Chapter 2.66
PROTECTION AND PRESERVATION OF PUBLIC RECORDS AND CITY FUNDS
Sections:
2.66.010 City documents and records.
2.66.030 City employees and officials--Duty to report.
2.66.040 City attorneys--Duty to report.
2.66.050 City attorneys--Authorization to interview.
2.66.060 Authorization to retain investigators.
2.66.070 City council--Duty to cooperate.
2.66.080 Requests to criminal justice authorities with jurisdiction to investigate.
2.66.010 City documents and records.
City employees and officials are hereby required to immediately take measures to preserve and protect city documents and records, which measures shall include but are not limited to:
A. Retain and preserve all physical and electronic documents and records, including emails, computer files, and text messages;
B. Refrain from physically removing any document or record from city offices, including records and documents in existence or created in the future, until otherwise advised and in accordance with record retention schedules;
C. Refrain from deleting any and all electronic documents and records, including emails, computer files, and text messages until otherwise advised and in accordance with record retention schedules;
D. Refrain from altering any city record or document;
E. Return any city physical or electronic documents or records that may have been previously removed and properly store the documents at City Hall or other applicable city facilities;
F. Prepare and provide an index or report to the city attorneys, copied to the city council, identifying all physical and electronic documents and records that have been deleted, removed, or destroyed from the period July 1, 2019, through the date of the ordinance codified in this chapter;
G. Remove shredders from City Hall and any other city buildings or facilities and retain bags of all shredded material;
H. Change all computer and account passwords to ensure separated employees or officials do not have access to city computer systems, accounts, or areas not otherwise open to the general public; and
I. Remove or change locks on internal doors at City Hall (including in particular, the mayor or former city administrator’s office), and ensure the mayor pro tem is provided with a key or access codes to any locked door or safe at City Hall or other city buildings and facilities. (Ord. 2019-14 §1, 2019)
2.66.020 Financial accounts.
The city’s financial accounts shall be protected and secured as follows:
A. City bank accounts and funds shall only be accessed by authorized individuals provided by ordinance. At this time, the only persons or positions authorized to access city bank accounts include the mayor, mayor pro tem and city clerk/treasurer.
B. Unless or until a city clerk/treasurer is appointed and approved or confirmed by the city council, all checks or withdrawals of funds from city accounts shall require the signature or approval of the mayor pro tem on behalf of the city council.
C. The city’s financial institutions shall be advised that no money may be withdrawn without knowledge or approval of the mayor pro tem on behalf of the city council.
D. Except in the case of an emergency, all direct deposits, and credit card usage shall stop immediately. All payments made to employees and for purchases shall be by physical checks.
E. City credit cards issued to specific individuals shall be cancelled.
F. The city council will evaluate and approve whether credit cards may continue to be issued for certain city departments. Until such time, all purchases of supplies and equipment must be made through check and warrant processes. In the event an employee is required to make an emergency purchase, the employee must seek approval from the mayor pro tem to have a check drawn or use their own funds and seek reimbursement. (Ord. 2019-14 §2, 2019)
2.66.030 City employees and officials--Duty to report.
The city employees and officials are required to immediately report any actual or suspected violations of the requirements set forth in Sections 2.66.010 and 2.66.020 to the city attorneys and/or mayor pro tem. (Ord. 2019-14 §3, 2019)
2.66.040 City attorneys--Duty to report.
The city attorneys are hereby authorized to report violations or suspected violations of this chapter to external agencies and investigators including, but not limited to, the Washington State Attorney General’s Office, the Yakima County sheriff’s office, and the Yakima County prosecutor (and/or special prosecutor). (Ord. 2019-14 §4, 2019)
2.66.050 City attorneys--Authorization to interview.
The city attorneys are hereby authorized, either directly or through a third party investigator, to interview and consult with city officials and employees regarding the violations alleged in this chapter including potential theft or misappropriation of funds and unauthorized removal or destruction of city records and documents. (Ord. 2019-14 §5, 2019)
2.66.060 Authorization to retain investigators.
The city council hereby authorizes the city attorneys to retain, at their discretion and as privileged work product, an investigator to conduct investigations to determine whether alleged theft or misappropriation of city funds and/or unauthorized removal or destruction of city records and documents has occurred and identify the person(s) responsible for such theft and/or removal or destruction of records. (Ord. 2019-14 §6, 2019)
2.66.070 City council--Duty to cooperate.
The city council hereby declares that it may be the victim of crimes including theft or misappropriation of funds and unauthorized destruction of public documents and records. As a result, city officials and employees are further authorized and directed to cooperate fully, including producing documents and records and providing testimony, with any inquiries or investigations conducted by or through the city attorneys or any other state or federal agencies related to the allegations set forth herein. A public records request, warrant or subpoena shall not be required in order to comply with a lawful investigation by state or federal agencies. (Ord. 2019-14 §7, 2019)
2.66.080 Requests to criminal justice authorities with jurisdiction to investigate.
The city attorneys and/or city staff are hereby authorized and directed to forward certified copies of the ordinance codified in this chapter to criminal justice authorities with jurisdiction such as the Yakima County sheriff, Yakima County prosecutor (including special prosecutor), and Washington State Attorney General and request that they conduct an investigation(s) as they deem appropriate. (Ord. 2019-14 §8, 2019)