[HISTORY: Adopted by the City Council of the City of Scranton as Ord.
No. 83-1980 (Ch. 2, Art. V, of the 1979 Code). Amendments noted where
applicable.]
This chapter shall be known and cited as the "Municipal Records Law."
The following words and phrases, whenever used in this chapter, shall
have the following meanings unless the context clearly states otherwise:
That person who is originally appointed by the Mayor of the city
and shall have the power and responsibilities of overseeing the enactment
and enforcement of this chapter.
Contains any and all records determined by the city archivist, in
accordance with the Records Retention Schedule, to be subject to destruction.
Records of that year and/or records of a policy nature. All current
records should be maintained by the Department or Bureau of their origin.
Records that are of a policy nature must be retained in their original until
they are superseded.
Any information which is, will be or could be important to the economic,
political or social historian.
The City of Scranton, Pennsylvania, and any municipal authority created
by the city.
Those records of an ephemeral nature which are created for convenience
in the day-to-day operation of the city and which do not affect the rights
of the public. Examples of such records are suggested in the following list,
which is not intended to be inclusive:
Copies of filed papers, the originals of which are retained in another
office.
Duplicate copies of documents retained in the same office.
Shorthand notes and stenotapes which have been transcribed.
Drafts of letters and reports, interdepartmental memos, personal correspondence,
etc.
Unused forms which have been revised or superseded.
Catalogs, magazines and published material kept for office use only.
Any papers, books, maps, photographs or other documentary materials,
regardless of physical form or characteristics, made or received by a municipality
or a municipal government agency in pursuance of law or in connection with
the exercise of its legitimate functions and the discharge of its responsibilities.
That schedule which is included in § 366-11, and any and all amendments, deletions or corrections thereto.
Certain public records, archives or printed public documents in the
custody of any person or office shall be destroyed, sold or otherwise disposed
of if the disposition is in conformance with schedules and regulations which
shall be made and promulgated by the City Archivist with the approval of City
Council.
Disposition of city records shall be by the following procedure:
A.
The City Archivist shall determine in accordance with
the Records Retention Schedule which records should be destroyed, microfilmed,
preserved or otherwise; and shall be required to compile a report as to those
records which are subject to destruction. The City Archivist's report
shall contain as to each record subject for destruction:
B.
The City Archivist shall forward his report to all department
heads for review. A department head will have twenty (20) days from receipt
of this report in which to advise the City Archivist that he does not wish
a certain record within the report to be destroyed. Failure to respond within
said twenty-day period will be deemed an approval of the City Archivist report.
C.
The City Archivist shall submit his report to the City
Council for their approval. The City Council will have thirty (30) days from
receipt of this report in which to approve or disapprove said report. Failure
on the part of the Council to disapprove the report within said time period
will be deemed approval of the same.
D.
All records that have been classified unnecessary and
subject to destruction by the City Archivist will be listed in the City Archivist
report and available for public inspection during the same thirty-day period
in which said report is before the City Council.
E.
The City Archivist shall advertise in two (2) public
newspapers of general circulation as to the contents of his report, and when
and where said report can be examined.
F.
The City Archivist, after receiving approval of the report
from City Council, shall file it in the Office of Judicial Records of Lackawanna
County and shall maintain a certified copy of said report as an official city
record.
No such retention schedule, amendments, deletions or corrections shall
be operative, unless reviewed by the City's Law Department and approved
by City Council.
If the City Council fails to approve the retention schedule or any amendments,
deletions or corrections thereto within a thirty-day period after being submitted
to the City Council, that schedule or its amendments, deletions or corrections
shall automatically become law.
Any historical document shall be retained in its original after microfilming
and stored by either the city or an agency deemed appropriate by the city.
The city retains the ownership rights to any document which is stored by an
outside agency. The City Archivist will make the determination as to what
is an historical document.
For purposes of public inspection, the "right-to-know law" has defined
what public records shall mean. Any record of public expenditures, be they
money or services, is subject to disclosure, as are those records which fix
the personal or property rights of an individual or group of individuals.
The law excludes from public disclosure those records which may harm a person's
reputation or security. This means that only when it is clear that such disclosure
would come within the exclusion described can a request to inspect public
records be denied. If any doubt exists, the question should be resolved in
favor of disclosure. It should be noted that where public records are involved,
no special reason need be given by the inquiring party to inspect such; a
simple expression of interest will suffice.
In the event of any such destruction or other disposition of any public
records under the provisions of this chapter, the photograph, microphotograph
or microfilm or a certified copy of said photograph, microphotograph or microfilm
shall be receivable as evidence in any court or proceedings, and shall have
the same force and effect as though the original record had been produced
and proved.
No municipal official shall be held liable on his official bond or in
the way of damages for loss or in any other manner, civil or criminal, because
of the disposition of public records pursuant to the provisions of this chapter.
A.
Interpreting. The following procedures are to be used
in interpreting the municipal record retention schedule:
(1)
Any record which has exceeded the maximum retention period
should no longer be considered an official city record.
(2)
Records which have exceeded the maximum retention period
do not have to be microfilmed. They must only be listed for disposition.
|
Example:
|
Police complaints of 1945. These records have exceeded the maximum retention
period ten (10) years and are therefore no longer official city records.
|
(3)
Records which are within the retention schedule may be
microfilmed and/or destroyed as per the procedure described and governed by
the City Archivist, this chapter and the Records Retention Schedule.
B.
Classes of records. Municipal records have been arranged
into the following nine (9) classes: legislative affairs; general administration
and legal; public safety; public works; public health; building and zoning
regulations; recreation, shade trees and libraries; planning and development;
authorities (general municipal records pertaining to authorities; as units
of local government, authorities follow the same retention and disposition
schedules as other).
(1)
Legislative affairs:
|
Type
|
Retention Period
| |
|---|---|---|
|
Minutes of legislative body
|
Permanent
| |
|
Ordinances and resolutions
|
Permanent
| |
|
Bylaws and rules of order
|
Until suspended, plus 5 years
| |
|
Public hearings, notice and transcript
|
Current, plus 10 years
| |
|
Legislative investigations, reports
|
Current, plus 10 years
| |
|
Executive veto and message
|
Current, plus 10 years
| |
|
Committee minutes, reports, transcripts of committee hearings
|
Current, plus 5 years
| |
|
Draft proposals for legislative enactment
|
Current, plus 5 years
| |
|
Reports to legislative body of executive and administrative officers,
departments, boards and commissions
|
Current, plus 2 years
| |
|
Petitions, complaints, inquiries and routine notices and correspondence
|
Current, plus 2 years
|
(2)
General administration and legal records:
|
Type
|
Retention Period
| |||
|---|---|---|---|---|
|
Charter, charter amendments and corporate name changes:
| ||||
|
Formal records
|
Permanent
| |||
|
Charter commission minutes, hearing transcripts and reports
|
10 years
| |||
|
Annexation, consolidation and boundary change records
| ||||
|
Formal records
|
Permanent
| |||
|
Petitions, correspondence, notices, public hearing transcripts, etc.
|
Date of action, plus 5 years
| |||
|
Deeds and related land records
|
Permanent
| |||
|
Bonds, municipal
| ||||
|
Bond ordinance and register
|
Permanent
| |||
|
Opinions, approvals and redemptions
|
Issue closeout, plus 5 years
| |||
|
Bonds, performance and security, and insurance policies
|
Expiration date, plus 10 years
| |||
|
Franchises, leases and licenses
| ||||
|
Permanent or continuing
|
Permanent
| |||
|
Annual or short-term
|
Expiration date, plus 5 years
| |||
|
Court petitions, decrees and orders
|
Permanent
| |||
|
Solicitor's opinions
| ||||
|
Basic law
|
Permanent
| |||
|
Temporary in character
|
Current, plus 5 years
| |||
|
Litigation, records pertaining to
|
Close of case, plus 20 years
| |||
|
Lien dockets
|
Date of settlement, plus 5 years
| |||
|
Bids and contracts
| ||||
|
Formal
|
Current, plus 10 years
| |||
|
Informal
|
Current, plus 5 years
| |||
|
Notices, correspondence, purchase orders, etc.
|
Current, plus 5 years
| |||
|
Property and supply inventory
|
Current, plus 5 years
| |||
|
Administrative studies, surveys and reports
|
Current, plus 10 years
| |||
|
Operating reports of departments
|
Current, plus 2 years
| |||
|
Executive proclamations and reports
|
Current, plus 2 years
| |||
|
Financial records
| ||||
|
Budgets and budget messages
|
Current, plus 5 years
| |||
|
Annual financial reports
|
Current, plus 10 years
| |||
|
Tax duplicates, appeals, settlements
|
Current, plus 5 years
| |||
|
Canceled checks and bank statements
|
Current, plus 5 years
| |||
|
Daily cash records
|
Until audited
| |||
|
Journals and ledgers
|
Current, plus 10 years
| |||
|
Miscellaneous records
|
Until audit, plus 1 year
| |||
|
Notices and correspondence
|
Current, plus 2 years
| |||
|
Personnel records
| ||||
|
Individual employee records
|
Until retirement, plus 10 years
| |||
|
Pension plans and transactions
|
Permanent
| |||
|
Classification and pay plans, personnel rules and regulations
|
Until superseded or canceled, plus 5 years
| |||
|
Payrolls and payroll transactions
|
Current, plus 10 years
| |||
|
Applications for employment (not hired)
|
Current, plus 1 year
| |||
|
Civil service commission
| ||||
|
Minutes
|
Permanent
| |||
|
Appeals, removals, etc.
|
Current, plus 5 years
| |||
|
Notices and routine correspondence
|
Current, plus 2 years
| |||
|
Routine notices and correspondence
|
Current, plus 2 years
| |||
(3)
Public records:
|
Type
|
Retention Period
| |||
|---|---|---|---|---|
|
Police records:
| ||||
|
Complaints and investigations
|
Current, plus 10 years
| |||
|
Arrests, detentions and hearing dockets
|
Current, plus 20 years
| |||
|
Probation and parole reports
|
Current, plus 20 years
| |||
|
Radio and television logs
|
Current, plus 2 years
| |||
|
Traffic and parking violations
|
Current, plus 2 years
| |||
|
Dog law enforcement
|
Current, plus 2 years
| |||
|
Bicycle registration
|
Current, plus 2 years
| |||
|
Traffic surveys and signals
|
Current, plus 10 years
| |||
|
Personnel education and training:
| ||||
|
Individual records
|
Retirement, plus 5 years
| |||
|
Materials and course outlines
|
Current, plus 5 years
| |||
|
Routine notices and correspondence
|
Current, plus 2 years
| |||
|
Fire records
| ||||
|
Fire-fighting log and records
|
Current, plus 10 years
| |||
|
Fire investigations
|
Current, plus 20 years
| |||
|
Special reports and investigations
|
Current, plus 10 years
| |||
|
Fire prevention activities
|
Current, plus 5 years
| |||
|
Fire prevention code
|
See ordinances
[§ 366-11B(1)]
| |||
|
Personnel education and training
| ||||
|
Individual records
|
Retirement plus 5 years
| |||
|
Materials and course outlines
|
Current, plus 5 years
| |||
|
Routine notices and correspondence
|
Current, plus 2 years
| |||
(4)
Public works:
|
Type
|
Retention Period
| |||
|---|---|---|---|---|
|
Streets, bridges, storm sewers and sidewalks
| ||||
|
Engineering and survey notes and drawings
|
Permanent
| |||
|
Opening orders and deeds of dedication
|
Permanent
| |||
|
Construction plans and specifications
|
Until reconstruction or abandonment
| |||
|
Construction bids received
|
Until audited, then destroy
| |||
|
Construction testing and inspection reports
|
Acceptance of project, plus 20 years
| |||
|
Maintenance records
|
Until reconstruction or abandonment
| |||
|
Street opening permits
|
Current, plus 5 years
| |||
|
Equipment records
|
Life of equipment
| |||
|
Complaints, routine notices and correspondence
|
Current, plus 2 years
| |||
|
Refuse collection and disposal
| ||||
|
Engineering notes and drawings
|
Permanent
| |||
|
Construction plans and specifications
|
Until reconstruction or abandonment
| |||
|
Construction bids received
|
Until audited, then destroy
| |||
|
Maintenance records
|
Until reconstruction or abandonment
| |||
|
Refuse volume or weight records
|
Current, plus 2 years
| |||
|
Equipment records
|
Life of equipment
| |||
|
Licenses and permits
| ||||
|
Annual
|
Current, plus 5 years
| |||
|
Continuing or permanent
|
Permanent
| |||
|
Complaints, routine notices and correspondence
|
Current, plus 2 years
| |||
|
Public buildings
| ||||
|
Construction plans and specifications
|
Until reconstruction or abandonment
| |||
|
Maintenance records
| ||||
|
Structural
|
Until reconstruction or abandonment
| |||
|
Routine
|
Current, plus 5 years
| |||
|
Space allocation and use records
|
Current, plus 10 years
| |||
|
Routine notices and correspondence
|
Current, plus 2 years
| |||
|
Sanitary sewers and sewage disposal
| ||||
|
Engineering and survey notes and drawings
|
Permanent
| |||
|
Sewer rights-of-way and easements
|
Permanent
| |||
|
Construction plans and specifications
|
Permanent
| |||
|
Construction bids received
|
Until audited, then destroy
| |||
|
Construction testing and inspection reports
|
Acceptance of project, plus discretion of agency
| |||
|
Maintenance records
|
Current, plus 10 years
| |||
|
State permits and approvals
|
Permanent
| |||
|
Plant operation records
|
Daily, current, plus 2 years Monthly, current, plus 10 years Yearly,
permanent
| |||
|
Equipment records
|
Life of equipment
| |||
|
Sewer assessment records
|
Current, plus 20 years
| |||
|
Sewer rental records
|
Current, plus 20 years
| |||
|
Complaints, routine notices and correspondence
|
Current, plus 2 years
| |||
|
Water supply and distribution
| ||||
|
Engineering and survey notes and drawings
|
Permanent
| |||
|
Deeds and easements
|
Permanent
| |||
|
Construction plans and specifications
|
Until reconstruction or abandonment
| |||
|
Construction bids received
|
Until audited, then destroy
| |||
|
Construction testing and inspection reports
|
Acceptance of project, plus discretion of agency
| |||
|
Maintenance records
|
Current, plus 10 years
| |||
|
State permits and approvals
|
Permanent
| |||
|
Plant operation records
|
Daily, current, plus 2 years Monthly, current, plus 10 years Yearly,
permanent
| |||
|
Equipment records
|
Life of equipment
| |||
|
Water line assessment records
|
Current, plus 20 years
| |||
|
Water meter readings and billings
|
Current, plus 5 years
| |||
|
Complaints, routine notices and correspondence
|
Current, plus 2 years
| |||
|
Other utilities (Parallel to sanitary sewers and sewage disposal and
water supply and distribution with changes applicable to function)
| ||||
|
Engineering and survey bids and drawings
|
Permanent
| |||
|
Deeds, rights-of-way and easements
|
Permanent
| |||
|
Construction plans and specifications
|
Permanent or until reconstruction or abandonment (depending on function
of utility)
| |||
|
Construction bids received
|
Until audited, then destroy
| |||
|
Construction testing and inspection reports
|
Acceptance of project, plus discretion of agency
| |||
|
Maintenance records
|
Current, plus 10 years
| |||
|
State permits and approvals
|
Permanent
| |||
|
Plant operation records
|
Daily, current, plus 2 years Monthly, current, plus 10 years Yearly,
permanent
| |||
|
Equipment records
|
Life of equipment
| |||
|
Assessment records
|
Current, plus 20 years
| |||
|
Rental records
|
Current, plus 20 years
| |||
|
Readings and billings
| ||||
|
Complaints, routine notices and correspondence
|
Current, plus 2 years
| |||
(5)
Public health:
|
Type
|
Retention Period
| |||
|---|---|---|---|---|
|
Board of health
| ||||
|
Minutes
|
Permanent
| |||
|
Rules, regulations and orders
|
Until superseded or voided, plus 5 years
| |||
|
Reports and recommendations
|
Current, plus 10 years
| |||
|
Department of health
| ||||
|
State permits and approvals
|
Permanent
| |||
|
Reports to state departments and agencies
|
Current, plus 10 years
| |||
|
Complaints and investigations
|
Current, plus 5 years
| |||
|
Health inspections
| ||||
|
Routine reports
|
Current, plus 2 years
| |||
|
Compliance notices
|
Current, plus 10 years
| |||
|
Licenses and permits
| ||||
|
Annual
|
Current, plus 5 years
| |||
|
Continuing and permanent
|
Permanent
| |||
|
Routine notice and correspondence
|
Current, plus 2 years
| |||
|
Housing code enforcement
| ||||
|
Complaints and investigations
|
Current, plus 2 years
| |||
|
Orders and appeals
|
Current, plus 10 years
| |||
|
Reports and recommendations
|
Current, plus 5 years
| |||
|
Routine notices and correspondence
|
Current, plus 2 years
| |||
(6)
Building and zoning regulations:
|
Type
|
Retention Period
| ||
|---|---|---|---|
|
Applications for building and zoning permits
|
Current, plus 20 years
| ||
|
Building plans, permits and inspections
|
Until demolition
| ||
|
Occupancy and use permits
|
Until revocation
| ||
|
Zoning board of adjustment
| |||
|
Minutes
|
Permanent
| ||
|
Hearing transcripts
|
Permanent
| ||
|
Decisions on appeals
|
Permanent
| ||
|
Records in court cases
|
Current, plus 20 years
| ||
|
Routine notices and correspondence
|
Current, plus 2 years
| ||
|
Routine notices and correspondence
|
Current, plus 2 years
| ||
(7)
Recreation, shade streets and libraries:
|
Type
|
Retention Period
| |||
|---|---|---|---|---|
|
Parks and playgrounds
| ||||
|
Park and recreation board
| ||||
|
Minutes
|
Permanent
| |||
|
Rules and regulations
|
Until revocation
| |||
|
Recommendations and reports
|
Current, plus 5 years
| |||
|
Routine correspondence
|
Current, plus 2 years
| |||
|
Program records
|
Current, plus 5 years
| |||
|
Facilities
| ||||
|
Construction plans and specifications
|
Permanent
| |||
|
Operation and maintenance records
|
Current, plus 5 years
| |||
|
Shade tree commission
| ||||
|
Minutes
|
Permanent
| |||
|
Rules and regulations
|
Until revocation
| |||
|
Operation and maintenance records
|
Current, plus 10 years
| |||
|
Routine notices and correspondence
|
Current, plus 2 years
| |||
|
Libraries
| ||||
|
Library commission
| ||||
|
Minutes
|
Permanent
| |||
|
Rules and regulations
|
Until revocation
| |||
|
Recommendations and reports
|
Current, plus 5 years
| |||
|
Libraries
| ||||
|
Construction plans and specifications
|
Permanent
| |||
|
Operating and maintenance records
|
Current, plus 10 years
| |||
|
Book inventory
|
Kept current
| |||
|
Book purchases and disposal
|
Current, plus 10 years
| |||
|
Records of library use
|
Current, plus 5 years
| |||
(8)
Planning and development:
|
Type
|
Retention Period
| |||
|---|---|---|---|---|
|
Planning
| ||||
|
Planning commission or department
| ||||
|
Minutes or committee actions
|
Permanent
| |||
|
Basic studies
|
Permanent
| |||
|
Comprehensive or master plans
|
Permanent
| |||
|
Special reports and recommendations
|
Current, plus 10 years
| |||
|
Routine correspondence
|
Current, plus 2 years
| |||
|
Land subdivision control
| ||||
|
Rules and regulations
|
Until superseded
| |||
|
Subdivision applications, plans and permits
|
Permanent
| |||
|
Improvement installation agreements
|
Current, plus 20 years
| |||
|
Notices and routine correspondence
|
Current, plus 2 years
| |||
|
Real estate registry
| ||||
|
Basic plans, registry book and formal change of ownership records
|
Permanent
| |||
|
Notices and routine correspondence
|
Current, plus 2 years
| |||
|
Community development programs
| ||||
|
Low cost and public housing programs
| ||||
|
Proposals
|
Current, plus 5 years
| |||
|
Projects
|
Permanent
| |||
|
Neighborhood improvement programs
| ||||
|
Proposals
|
Current, plus 5 years
| |||
|
Projects
|
Permanent
| |||
|
Urban renewal programs
| ||||
|
Proposals
|
Current, plus 5 years
| |||
|
Projects
|
Permanent
| |||
(9)
Authorities (as units of government):
|
Type
|
Retention Period
| |||
|---|---|---|---|---|
|
Authority
| ||||
|
Formal organizational and financial agreements
|
Permanent
| |||
|
Municipal copies
| ||||
|
Authority minutes
|
Permanent
| |||
|
Authority financial statements
|
Current, plus 10 years
| |||
|
Authority reports
|
Current, plus 5 years
| |||
|
Routine correspondence
|
Current, plus 2 years
| |||
