A. 
The city clerk of the city of Moreno Valley ("city") is authorized to establish and administer a records management program for the city in accordance with all applicable requirements of law including the provisions of this chapter. Such records management program shall include, but not necessarily be limited to, a systematic plan to preserve and keep in order all records of the city as may be required by law or as may be necessary to conduct the business of the city with the purpose of achieving the following goals:
1. 
Release of space and reduction of the need for storage and filing equipment;
2. 
Establishment of an efficient retrieval operation for both active and inactive municipal records;
3. 
Provisions for routine disposition of paperwork; and
4. 
Maintenance of security over municipal records.
(Ord. 618 § 2.1, 2003)
For purposes of this chapter, unless the context clearly requires otherwise, the words and phrases used herein shall have the following meanings:
"Active records"
means those records in current use, which are retained in various city departments or offices because frequent reference is necessary to conduct the city's day-to-day operations.
"City"
means the city of Moreno Valley.
"City archives"
means the collection of documents, pictures, writings, and memorabilia determined to be of historical interest and value to the city.
"City records"
means all records, whether of public or private origin, maintained or retained by the city of Moreno Valley in the conduct of the public's business.
"Destruction of records laws"
means, collectively, Chapter 3 of Division 7 of Title (commencing with Section 6200), and Article 4 of Chapter 1 of Division 1 of Title 4 (commencing with Section 34090), of the California Government Code, or any successor provisions thereto.
"Duplicate record"
means a copy or reproduction of an original record, whether or not in the same physical form as the original, which is retained for personal reference or for operational requirement.
"Inactive records"
means those records which are seldom referred to, but which are retained, temporarily or permanently, because of legal, fiscal, administrative, or archival requirements or value.
"Maintain"
means to provide custody and care for a record.
"Non-record"
means material, which is not retained in the normal course of business or is a temporary aid, not created for the purpose of preserving its own documentary or informational content for future reference. This includes, but is not limited to:
1. 
Transmittal letters and acknowledgments, which do not add any information to the material transmitted;
2. 
Requests for printed material after the requests have been filled;
3. 
Informal notes, worksheets, and rough drafts of letters, memoranda or reports;
4. 
Shorthand notes, including stenographic notebooks and stenotype tapes, and dictating media, which have been transcribed;
5. 
Miscellaneous notices of community affairs, employee meetings, or holidays;
6. 
Telephone or other message pads;
7. 
Desk calendars;
8. 
Unused blank forms that are kept for supply purposes only;
9. 
Tickler, follow-up or suspense copies of correspondence;
10. 
Extra copies of documents already in an official file;
11. 
Publications and reference materials (brochures, newsletters, etc.) received or acquired from outside sources such as professional organizations, conferences, seminars or workshops;
12. 
Letters and other documentation received or acquired from outside sources which are not specifically related to city business;
13. 
Published books, magazines, and pamphlets;
14. 
Library and museum materials made or acquired and preserved solely for reference or exhibition purposes.
"Official record"
means any record containing information relating to the conduct of the public's business, prepared, owned, used, or retained by any city department, regardless of physical form or characteristics.
"Original record"
means the first or initial documentation, that of which anything else is a copy or reproduction; or, a duplicate record with any original documentation.
"Public records"
mean as defined in Section 6252 of the California Government Code, or any successor provision thereto, and includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by the city regardless of physical form or characteristics.
"Public Records Act"
means Chapter 3.5 of Division 7 of Title 1 (commencing with Section 6250) of the Government Code, or any successor provisions thereto.
"Records management program"
means a plan formulated to establish a citywide system that achieves integrated control of all departmental subsystems so that an orderly and efficient flow of paperwork is provided from creation to ultimate disposition.
"Records series"
means records accumulated over a period of time and arranged in an organized file or set of files which can be described, handled and disposed of as a unit. A records series may consist of records of a single type or format, or of records kept together because they relate to a particular subject or result from one activity.
"Writing"
means any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored.
(Ord. 618 § 2.1, 2003)
The city clerk shall have the responsibility for, but not necessarily limited to, the following areas of records management:
A. 
Development and circulation of such rules, regulations and policies as may be necessary and proper to implement and maintain the city of Moreno Valley's records management program;
B. 
Development of a retention and disposition schedule for all municipal records;
C. 
Consultation and assistance to city departments in all areas of records management, including active records maintenance, transfer and disposition;
D. 
Development and institution of a vital records program to ensure the safety of essential records in the event of a disaster.
(Ord. 618 § 2.1, 2003)
A. 
All records created or received by a city department shall remain the property of the city. The city clerk shall be deemed the legal custodian of all city records, whether maintained in the city clerk's office or other city department.
B. 
It shall be the duty of each officer and employee of the city to protect, preserve, store and/or transfer municipal records in accordance with state and federal statutes, this chapter, city regulations, and the rules promulgated and approved by the city manager.
C. 
The city council may, by resolution, order the transfer of specifically identified records to a different custodian, including document depositories established for litigation purposes.
(Ord. 618 § 2.1, 2003)
A. 
The definitions of the micrographics program are as follows:
"Index"
means a list describing the items of a collection and where they may be found; a catalog.
"Microfilm"
means a film containing photographic records or images considerably reduced in size from the original material filmed; this term also includes microfiche.
"Microform"
means a generic name for any medium containing microimages, i.e., reduced images.
"Micrographics"
means the art of reducing any form of information to a microform medium. Also termed microphotography or microfilming.
"Micrographics officer"
means the city clerk or any department head of a department of the city having custody and control of such municipal record.
B. 
Any micrographics officer is authorized to provide a micrographics operation, which accurately and permanently copies, reproduces or originates on microform media any municipal record of the city under such micrographics officer's custody and control.
C. 
Types of Records to be Filmed. The micrographics operation under the direction of any micrographics officer may be applied to any municipal record of the city provided such record can be reproduced on film with full legibility. Any microform records created pursuant to the authorization of this chapter shall be deemed under the custody and control of the micrographics office responsible for creating such microform records.
D. 
Indices to Microform Records. The micrographics officer having custody and control of any microform records shall index such microform records.
E. 
Micrographic Standards. The record shall be photographed, microphotographed or reproduced on film of a type approved for permanent photographic records as described in Government Code Section 34090.5 or any successor provisions thereto. The device used to reproduce such records on film shall be one that accurately and legibly reproduces the original thereof in all details. A true copy of archival quality of such film shall be kept in a safe and separate place for security purposes.
F. 
Certification of Microform Records. The micrographics officer responsible for creating such records shall check and certify that each microform record is a true and correct duplication of the original municipal record.
G. 
Public Access to Microform Records. The microform records shall be made as accessible for public reference as the records in their original form; provided, however, that such records shall be deemed public records available for public inspection only to the extent provided by law.
(Ord. 618 § 2.1, 2003)
A. 
Definitions. For purposes of this section, the following terms shall be deemed to have the following meanings.
"Archival form"
means either: (1) the transcription or printing of an electronic communication in a readable hard copy form, or (2) the transmission, conversion or recording of an electronic communication in an electronic data processing, computer or tape recording system by means of any computer hard drive, disk or diskette, magnetic tape, film, optical disk or CD-ROM, or any other electronic format by which the informational content of the electronic communication is capable of being permanently or indefinitely preserved and such information is capable of being retrieved in readable or audible and comprehensive form.
"Electronic communication" or "communication"
means any communication to, from, between, or among any city official(s) or employee(s) by use of an electronic communication system for the purpose of, or to facilitate, any business of the city but where it is neither necessary nor intended that the informational content of such communication be preserved for future city use or reference.
"Electronic communication system" or "system"
means any system, device, hardware, software, or other equipment designed and used for purposes of transmitting and/or receiving communications by any form of electronic mail or voicemail system, or any network of interconnected computers, including but not limited to the Internet and Worldwide Web, as used for such purposes.
B. 
Purpose. Electronic communications are an important and effective tool, which facilitate the conduct of the city's business through communications in an efficient, expeditious and cost-effective manner. Electronic communications, by their nature, are not customarily preserved and retained by the city or its officers or employees but rather are of a transitory nature similar to, and often used as, a substitute for, telephonic communications. The electronic communication systems used by the city for such communications do not reasonably and practicably permit the indefinite or permanent retention and/or retrieval of electronic communications. At the same time, the city recognizes its legal obligations relating to the preservation and/or public disclosure of certain records pursuant to the requirements of the destruction of records laws and/or the Public Records Act. The purpose of this section is to provide guidance to city officers and employees relating to the creation and preservation of electronic communications in order to facilitate the optimal use of such communications and to assure compliance with any applicable provisions of law with regard thereto.
C. 
General Regulations. Each of the city's electronic communications systems periodically and routinely purges (deletes) electronic communications from the system without any necessary action of the sender or recipient of the communication. In addition, each such system allows and, to function as intended, anticipates or requires that recipients of such electronic communications regularly delete such communications from the system. For such reasons, an electronic communication is not to be used by any city official or employee as the exclusive means to memorialize information where it is either necessary or intended that the informational content of such communication be preserved for future city use or reference.
D. 
Deletion or Retention of Communications. Except as set forth herein, electronic communications should be regularly deleted from the electronic communications system in the appropriate manner as prescribed for such system.
1. 
Except as provided in subsection (4) below, an electronic communication may be deleted from the electronic communications system by the public officer or employee recipient (or the sender if necessary) without preserving the informational content of such communication, or any portion thereof, in archival form unless either: (1) a law expressly requires such communication to be kept, or (2) preservation of such communication is necessary or convenient to the discharge of the public officer's or employee's duties and such communication was made or retained for the purpose of preserving its informational content for future city use or reference.
2. 
An electronic communication must be preserved in, or transferred to, archival form by a public officer or employee where either: (1) a law expressly required such communication to be kept, or (2) preservation of such communication is necessary or convenient to the discharge of the public officer's or employee's duties, and such communication was made or retained for the purpose of preserving its informational content for future city use or reference.
3. 
Once in archival form (except for communications temporarily preserved in archival form pursuant to subsection (4) below), an electronic communication shall be preserved in accordance with the approved retention period for the file or record series in which such communication is placed, or to which it relates, as established by resolution of the city council; provided, however, the retention provisions of this section shall not be deemed to impose any legal requirement or obligation on the city or any of its officers and employees not otherwise required or established by any other provision of law.
4. 
In the event a public inspection request is made pursuant to the Public Records Act, or a demand by subpoena or court order is received by the city, for any electronic communication in existence at the time such request or demand is received, the city officer or employee having control of such electronic communication shall use his or her best efforts, by any reasonable means available, to temporarily preserve such communication until it is determined whether such communication is subject to preservation, or public inspection or production, pursuant to any requirement of law. The city attorney shall immediately be contacted regarding any such inspection request or production demand. The city attorney shall advise the city officer or employee (and the city clerk) of the city's preservation, inspection and production obligations, if any, with regard to such communication. If it is determined that the city is legally obligated to either permit inspection or produce such electronic communication, the person in control of such communication shall thereafter preserve such communication in an archival form for the applicable retention schedule period as referenced in subsection (3) above.
5. 
Any electronic communication which is preserved in an archival form in order to comply with any requirement of law or to preserve the informational content thereof for future city use or reference (other than a communication temporarily retained in archival form pursuant to subsection (4) of this section) shall be deemed a "city record" for purposes of the Public Records Act and shall thereafter be subject to the preservation and public disclosure requirements of such laws, as applicable.
(Ord. 618 § 2.1, 2003)
A. 
Definitions. For purposes of this section, the following terms shall be deemed to have the following meanings:
"Archival form"
means either: (1) the transcription or printing of computer data in a readable hard copy form, or (2) the transmission, conversion, recording, storing or other preservation of computer data in an electronic data processing or computer system by means of any computer hard drive, disk or diskette, magnetic tape, film, optical disk or CD-ROM or any other electronic format by which the informational content of the computer data is capable of being permanently or indefinitely preserved and thereafter retrieved in readable and comprehensible form. Such term shall not include any draft, as defined herein.
"Computer data" or "data"
means any information or data created by any city officer or employee for city business purposes and existing in electronic form in any data processing system or computer.
"Draft"
means any draft or uncompleted document in any stage of preparation, existing in electronic form in a data processing system or computer, and which is later electronically modified, revised, amended, redrafted, manipulated or completed, or is electronically deleted from the electronic data processing system or computer, and where it is neither necessary nor intended that the informational content of such draft or uncompleted document be preserved for future city use or reference.
B. 
Purpose. The creation, manipulation, and use of computer data by city officers and employees are essential, efficient, and cost effective tools used in the conduct of city business. Computer data, by its nature and purpose, is customarily created in draft form and such drafts are usually electronically manipulated and revised, or electronically deleted in whole or in part, without such drafts being electronically saved or retained for the purpose of preserving the informational content thereof for future city use or reference. It is not practical, necessary, efficient nor cost effective for city officers and employees to preserve every draft of every document created, generated, or manipulated by use of an electronic data processing or computer system. At the same time, the city recognizes its legal obligations relating to the retention and/or public disclosure of certain records pursuant to the requirements of the destruction of records laws and/or the Public Records Act. The purpose of this section is to provide guidance to city officers and employees relating to the creation, manipulation, and preservation of computer data in a manner, which facilitates the reasonable and efficient use of such data for city business purposes while assuring that data created for city business purposes and existing in electronic form, which is either required to be preserved by law, or which was made or retained for the purpose of preserving the informational content thereof for future city use or reference, is preserved and available as may be required by any applicable provision of law.
C. 
Deletion of Computer Data. Except as provided in subsection (D) below, computer data may be deleted from the memory or storage of any electronic data processing or computer system by the public officer or employee having control thereof without preserving the informational content of such data, or any portion thereof, in archival form, unless either: (1) a law expressly requires such data to be kept, or (2) such data is necessary or convenient to the discharge of the public officer or employee's duties and such data was made or retained for the purpose of preserving its informational content for future city use or reference.
D. 
Computer Data Retention Schedules. Any computer data which is required to be preserved in archival form pursuant to subsection (C) of this section shall be preserved in accordance with the approved retention period for the file or record series in which such computer data is placed, or to which such computer data relates, as established by resolution of the city council pursuant to this chapter; provided, however, the retention provisions of this section shall not be deemed to impose any legal requirement or obligation on the city or any of its officers and employees not otherwise required or established by any other provision of law.
E. 
Public Inspection or Production Demands. In the event a public inspection request is made pursuant to the Public Records Act, or a demand for production by subpoena or court order is received, for any computer data in existence at the time such request or demand is received, the city official or employee having control of such computer data shall use his or her best efforts, by any reasonable means available, to temporarily preserve such data until it is determined whether such data is subject to preservation, or public inspection or production, pursuant to any requirement of law. The city attorney shall immediately be contacted regarding any such inspection request or production demand. The city attorney shall advise the city officer or employee (and the city clerk) of the city's preservation, inspection and production obligations, if any, with regard to such computer data. If it is determined by the city attorney that the city is legally obligated to either permit inspection of, or produce, such computer data, the person in control of such computer data shall thereafter preserve such data in archival form for the applicable retention schedule period as referenced in subsection (D) of this section.
F. 
Preservation of Computer Data. Any computer data which is preserved in archival form in order to comply with any requirement of law or to preserve the informational content thereof for future city use or reference (other than data temporarily preserved in archival form pursuant to subsection (E) above), shall be deemed a "city record" for purposes of the Public Records Act and shall thereafter be subject to the preservation and public disclosure requirements of such laws, as applicable.
G. 
Duplicate Records. Any hard copy (tangible nonelectronic) document which is a duplicate of any computer data, and which is otherwise required to be preserved by law, shall not be destroyed unless such document is photographed, microphotographed or otherwise reproduced on film, optical disk or any other medium in compliance with Government Code Section 34090.5 or any successor provisions thereto, or destruction has been authorized pursuant to a resolution of the city council in conformance with Government Code Section 34090 or any successor provisions thereto, if such hard copy document contains any signature, notes, or any other intelligible and meaningful markings which are not present on the computer data, and which are required to be kept as public records.
(Ord. 618 § 2.1, 2003)
Municipal records, which are kept and maintained by a city department and which are duplicates of records kept and maintained by another city department, may be destroyed by the department keeping and maintaining such duplicates without complying with the provisions of Section 2.60.100 of this chapter under the following procedure:
A. 
The head of the city department desiring to destroy such duplicate records may, without the approval of the city council or the consent of the city attorney, destroy or authorize the destruction of duplicate records in the custody of such department which are no longer required, regardless of the age of such records.
B. 
For purposes of this section, no record may be considered a duplicate unless an accurate and legible original or copy thereof is preserved in city records and is as accessible for public reference as is the copy which is proposed to be destroyed.
C. 
For purposes of this section, video recordings (videotapes or films) of city council meetings may be considered duplicate records if the city keeps another record, such as written minutes or an audio tape recording, of the meeting which is recorded on video, except that no video recording shall be destroyed until at least 90 days have elapsed since the occurrence of the meeting recorded on such video recording.
(Ord. 618 § 2.1, 2003)
A. 
Each city department shall develop a records retention schedule for all municipal records in the custody of such department. Such schedule shall be deemed the official records retention schedule for such department upon approval thereof by the city council.
B. 
Following expiration of the retention period specified in the records retention schedule for any record in the custody of any city department, the department head of such department, upon a finding that such record is no longer required, shall direct staff to prepare a detailed list of the records to be destroyed prior to such destruction. Nothing contained herein shall authorize the destruction of any record except as the same may be authorized by the provisions of California Government Code Section 34090 et seq., or any successor provisions thereto.
C. 
Any municipal record other than audio recordings may be destroyed without otherwise complying with the requirements of subsection B of this section provided such record is preserved in microform in the manner specified in Section 34090.5 of the Government Code, Section 2.60.060 of this chapter, or in digital form on hard drive, optical disk, or CD-ROM, and in accordance with any other requirements of law.
(Ord. 618 § 2.1, 2003)