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HomeMy WebLinkAboutReso 05-2012 RESOLUTION NO. 05 -2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING CHANGES TO THE HUMAN RESOURCES DEPARTMENT AND RISK MANAGEMENT RECORDS RETENTION SCHEDULE WHEREAS, the City of South San Francisco ( "City ") has an official record retention policy ( "Policy ") that is maintained by the City Clerk's Office; and WHEREAS, from time to time it becomes necessary to modify the Policy and/or the retention schedules referenced in the Policy; and WHEREAS, every office and department in the City is faced with problems of storage space as well as decisions about which records to keep and which to discard; and WHEREAS, a records retention schedule is necessary to meet the needs of the City and its citizens to assure the prompt destruction of records without continuing value thereby improving access to records that continue to have value; and WHEREAS, the City Council has previously approved and adopted an Electronics Records Policy. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves modifications to the Human Resources Department and Risk Management Records Retention Schedule and the Legend/Definitions of Records as indicated in Attachment A and incorporated herein. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 25 day of January, 2012 by the following vote: AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST: Y 1` City Clerk Exhibit "A" f S AiV � - Ci 4 LIFOO 1 � CITY OF SOUTH SAN FRANCISCO RECORDS RETENTION SCHEDULE 2011 Adopted by Reso #74 -2003, August 13, 2003 Amended 2/23/05 — Resolution 21 -2005 Amended 9/14/2011- Resolution 115 -2011 3 LEGEND /DEFINITIONS Records Retention A = Active (while a document or work is still in progress) Ad = Adoption date Au = Audit (an audit is performed at the end of each fiscal year — to be completed by 12131) C = Current (current year, any record or file that is made within the current calendar year; the retention period begins the first day of the following year, i.e., C +2 means a record created in 1998 plus the next two calendar years would be eligible for destruction in 01/01/01). CI = Closed (completed) Dbase = Database DOB = Date of Birth E = Election date Electr = Electronic Record (information that meets the Electronic Records Policy, see below) HC = Hard Copy Record I = Image (a digital representation of an original paper document) L = Life O = Obsolete P = Permanent (the record is determined to be of permanent value to the City; original records affecting the title of real property or liens thereon, minutes, resolutions, ordinances) Record = Information maintained by the City in the form of a hard copy document, an image of a hard copy document, information contained in a database, or an Electronic Record maintained pursuant to the Electronics Records Policy S = Supersede (only retain the current version; once that version has been revised the older version should be destroyed to eliminate any confusion) T = Termination (upon termination of contract, obligation, program, employment or case files) CITATIONS B &P = California Bus & Professional Code H &S = Califomia Health and Safety Code CAC = Califomia Administrative Code HUD = Housing and Urban Development CCP = Code of Civil Procedure OSHA = Occupational Saf & Health Agency CCR = Code of California Regulations PC = Califomia Penal Code CEQA = California Envt'l Quality Act POST = Police Officers Standards Training CFR = Code of Federal Regulations UFC = Uniform Fire Code EC = Elections Code USC = United States Code EL = California Elections Code WIC = Welfare & Institutions Code FMLA = Family & Medical Leave Act, 1993 GC = Califomia Government Code 4 Electronic Records Policy Regardless of the format in which official City records are stored, all official information will be stored in a trusted environment when required and in compliance with the City's adopted record retention schedule. Provided that required conditions are met, certain Electronic Records can take the place of the original hard copy for those records identified as "Elect" within the adopted records retention schedule. In order for an Electronic Record to be deemed as the original record, the Electronic Record must satisfy all of the following requirements: a) The Electronic Record can be reproduced on any medium that is a trusted system, and that system does not permit additions, deletions, or changes to the original document; b) The device used to reproduce the Electronic Record is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images; c) The Electronic Records are made as accessible for public reference as the original records were; and d) A true copy of archival quality of the Electronic Record shall be kept in a safe and separate place for security purposes. If any portion of a record cannot be reproduced with full legibility, then no page of that record, paper, or document shall be destroyed. All Electronic Records shall be backed up regularly either by the City's Information Technology (IT) Department or by an outside service approved by the IT Department. The backed up records shall be kept separately. Format of Electronic Records The City IT Director shall approve Electronic Records retention storage formats prior to that particular format qualifying as an official City record. Upon format approval, that particular format will be listed within the document retention schedule, where applicable. For electronic records which are images, all approved formats for Electronic Records that involve copies of original documents must also adhere to the AIIM ARP1 -2009 Analysis, Selection, and Implementation of Electronic Document Management Systems, ( "ARP1- 2009 ") sections 5.4.1.4 and 5.4.2.4, concerning uniform standards for image format and compression. For electronic records which are stored as data in a database management system (defined below) rather than an image of a document, the following conditions must be met: 1. The database system must be authorized by, and must be supported /maintained by the IT Department. 2. As part of the support that IT Department provides, the database is backed up in a secure server environment that only authorized IT Department staff are allowed access to; 5 3. The database system is either maintained by IT Department or is under contract for maintenance that is authorized by IT Department. 4. The database contains safeguards against altering records, as described under "Trusted System" below. 5. Authorized users of the database cannot in the normal course of their duties lawfully alter data in the database (see Trusted System below). 6. IT Department has protections in place that are designed to prevent unauthorized users from access to the database or database system. A database is defined as ... any collection of data, or information, that is specially organized for rapid search and retrieval by a computer. ...A database management system (DBMS) extracts information from the database in response to queries. A database is stored as a file or a set of files on magnetic disk or tape, optical disk, or some other secondary storage device. The information in these files may be broken down into records, each of which consists of one or more fields. Fields are the basic units of data storage, and each field typically contains information pertaining to one aspect or attribute of the entity described by the database. Records are also organized into tables that include information about relationships between its various fields. Although database is applied loosely to any collection of information in computer files, a database in the strict sense provides cross - referencing capabilities. Using keywords and various sorting commands, users can rapidly search, rearrange, group, and select the fields in many records to retrieve or create reports on particular aggregates of data....(from Encyclopedia Britannica). Examples of databases used by the City include at this time: the Eden Financial System; the Highline Payroll System; the CRW permit and Business License System; the CLASS Recreation System; and the Geographical Information System (GIS). Trusted System A trusted document management system ( "Trusted System ") means a combination of techniques, policies and procedures for which there is no plausible scenario in which a document stored from or reproduced by the system could differ substantially from the document that is originally stored. A Trusted System will ensure that all electronically stored information can be considered to be a true and accurate copy of the original information received regardless of the original format. A Trusted System must be able to ensure that at least two (2) separate copies of the electronically stored information can be created that meets, at a minimum, all the following conditions: ii 6 a) The Trusted System must utilize both hardware and software storage methodologies to prevent unauthorized additions, modifications or deletions during the approved Iifecycle of the stored information. b) The Trusted System's methods must be verifiable through independent audit processes. c) The Trusted System must write at least one copy of the electronic document or record into electronic media that does not permit unauthorized additions, deletions, or changes to the original document and that is to be stored and maintained in a safe and separate location. For records which are stored as images, an authorized system user could not alter a document stored in the system, and a Trusted System ensures that stored images are true and accurate representations of the original. For records stored as data in a database, the data can only be modified by authorized system users in a manner in which the change is authorized and logged. For example, after a payroll file for a certain time period is finalized and executed /distributed by the Finance Department, authorized users cannot, after the fact, go back and change the information contained in that database for any employees' pay rates, etc. contained in that payroll run. A change in an employee's pay rate would only be authorized as a new action in the database, would have protections in place limiting who can execute those changes, and, rather than erase the old pay rate, the database would store the change as a new record as of the date it is entered /accepted into the system by an authorized user. That new record would then be subject to review by an authorized database system administrator. In that way, a history of the changes to one employee's pay rates, for example, can be viewed in the payroll system's log that can be accessed and reviewed by that system's authorized administrators, either in the IT Department or in the host department. Policy Implementation In order to implement this electronic records policy, the City Clerk and the IT Department will maintain a set of intemal document management procedures which will accomplish the following: • describe how information will scanned, indexed, and verified; • describe how the system will be secured from unauthorized access; • describe how documents will be secured from unauthorized modification or alteration; • describe how authorized modification of documents will be managed, including audit trail information and the ability to retrieve any previous document version required to be maintained; • describe how the system will adhere to the published records retention schedule; describe how the records will be store to protect from fire, flood, or vandalism; and • describe how these policies and procedures will be followed. iii 7 0o RECORDS RETENTION SCHEDULE ADMINISTRATION Admin (Continued) Retention Format Citation Remarks Records Series Title RISK MANAGEMENT Accident Reports - City C +7 HC /Electr. 29 CFR 1904.2; 29 CFR 1904.6 Reports and related records Assets Bonds, Insurance P HC /Electr. CCP 337.2; 343 Bond and insurance policies insuring city property and other assets Claims, Damage CI +5 HC /Electr. GC34090; GC25105.5 - • • - - - - . - - - ' aid/Denied Claims. Litigation, complaints, and /or claims suspend normal retention periods (retention begins after settlement) Incident Reports CI +7 HC /Electr. 29 CFR 1904.2; 29 CFR 1904.6 Theft, arson, vandalism, property damage or similar occurrence (excluding fire/law enforcement) (includes incidents occurring on City property) 1 Insurance, Joint Powers P HC /Electr. GC34090 Accreditation /MOU's /agreements, agendas (C +5 Agreement when LaserFiched) Insurance, Certificates P HC /Electr, GC34090 Insurance certificates filed separately from contracts, includes insurance filed by licensees Insurance, P HC /Electr. GC34090 May include liability, property, Certificates of Liability/Property Participation, deferred, use of facilities (C +5 when LaserFiched) Insurance, Workers P HC /Electr. GC6410; 29 CFR 1910,20 Compensation and Administrator Excess workers' compensation coverage Photographs, C +2 HC /Electr. GC34090 Negatives, Film Risk Management CI +5 HC /Electr. OMB 1220 -0029; 29 CFR 1904.4; Federal OSHA Forms; Loss Analysis Report; Safety Reports GC34090 Reports; Actuarial Studies 2 PAYROLL Address changes - - - See Human Resources Adjustments to Au +4 HC/ GC34090 Audit purposes Pay, including Electr. 29 CFR 516.5 -516.6 direct deposit and compensation time sales/transactions Deferred - HC/ Electr. - See Human Resources Compensation - Reports Employee Time Au +6 HC/ 29 CFR 516.2; Signed by employee for audit & FEMA Reports Cards Electr. 29 CFR 516.6(1); IRS Reg 31.6001 - 1(e)(z); R &T 19530; LC 1174(d) Reports, PERS T +4 HC/ Electr. GC34090; Record of deductions (PERS Public Employee Employee CAC 22- 1085 -2 Retirement System). Deduction 26 CFR 31- 6001 -1; 29 CFR 516.5, T = termination of the employee 516.6, LC 1174(d) Reports, Federal Au +4 HC/ Electr. 29 USC 436 Forms 1096, 1099, W-4's and W -2's and State Tax 26 CFR 31.6001.1 -4; IRS Reg 31.6001- 1(e)(2); R &T 19530;29 CFR 516.5 -516.6 Labor Distribution Au +7 HC/ Electr. GC34090 Costs by employee & program Records Leave Hour C +4 HC/ IRS Reg 31.6001- 1(e)(2), 29 CFR Records Electr. 516.5- 516.6, R &T19530; LC1174(d); GC 34090 Salary Records T +3 HC/ Electr. GC34090; T = upon termination of employee service with City of 29 CFR 516.2 South San Francisco 3 RECORDS RETENTION SCHEDULE HUMAN RESOURCES Human Resources Records Series Retention Format Citation Remarks Tide Benefit Plan T +5 HC! Electr. GC34090 (Part of E€emplovee file) Enrollment, Denied Benefit Plan P HC/ Electr. GC6250 et se q.; CFR 1602.30; 32; Claims Lab Rel Sec 1174 29 CFR 1637.3; 29 USC 1027; 29 CFR 1627.3; 29 USC Assistaasepart of employee file 1113 Billings - Health T +25 HC/ Electr. May be part of employee file for individuals and may be Insurance, bills from providers. including (Medical, FDental, Vision etc.) Cal OSHA T +25 H Electr. Forms 300 -A Annual Summary & 301 Incident Report �-+ I Classifications and P HC/ Electr. GC34090; • _ _ - _. _ _ _ :: : • . ' : •. _ - • _ : - - - _ Part of Appointments GC12946; 29 CFR 516.6(2); 29 CFR employee personnel file and HR recruitment lists 1602.4 Employee T +5 HC/ Electr. GC34090 May be (2Part of €-E--employee .file and /or Risk Accident Reports Management files) Enleyee S +2 HC/ Electr. GC34090 klandbeek (s +eatiy non - oxistent)Human Resources Procedures Manual Employee C +5 HC/ Electr. GC34090; Recognition /customer service Programs GC12946 €byes- fights HC/ Electr. GC12946; 29 CFR 1602; 29 USC 211 May include arbitrations, grievances, union requests, Non Safety T +5 (e); 203(m); 207(g) sexual harassment and civil rights, complaints, disciplinary €mpleyees T +5 actions Safety (Pelise)Labor Relations Hourly Employees T + 5 HC/ Electr. GC12946; Part of employee files GC34090 29 CFR 1627.3, Labor Relations Section 1174 4 Immigration P HC/ Electr. Immigration Reform /Control Act 1986 I -9's Pub L 99 -603 Leave requests TT +5 HC/ Electr. FMLA 1993 US OSHA; 29 CFR Part of employee personnel file. 1910.20; 29 CFR 1602.30.32; 49 CFR 193 -9 G-14 Q434490 N 5 Human Resources (Continued) Retention Format Citation Remarks Records Series Title Medical- t-eave T - + - 6 1H1Q- ElestF roguectc e. • ; ' - =' • e . , 493-9 Motor Vehicle CI +7 HC/ Electr. GC12946, Pulls (DMV) CA 91009; 8 USC 1324 (a) Labor Negotiations P HC/ Electr. 29 USC Sections 211c, 203(m), 207(g) Notes, notebooks, correspondence, contracts, and (laber- retatisae) Memorandums of Agreements Personnel Files: HC/ Electr. Reference: 29 CFR 16273; Lbr Rltns May include AApplication recordss, eertiffeates, Personnel Sec 1174; 29 CFR 1602.30.32; Action Forms, Employee demographic information; safety T +25 GC6250 et seq.; 29 CFR; GC 12946, disciplinary action, , grievances, Employeos T +25 34090,1607.4; 29 CFR 655.202; 29 inserancebenefits information, licenses and certifications ;, Safoty CFR 516.6 et seq.; 45 CFR 1068.6(a) performance appraisals, pefsennel- salary and position history, Release Authorizations; - certifications; reassignrments; ; commendations; terminations; Oaths of Office; pre- employee-employment medical examinations; fingerprints; identification cards (ID's); leave requests; training records. workers' compensation records and other employee related ►-+ information. Persegnel 2 6534898; . _ •- - ; . . , _ . . . Rec ords{cepies-) 666258 Human Resources Retentier3 Format Citation Refaacks (Continued) Resefdc Soros Title FERS- Sociat l+S H®tCIElectr. - ; - - - - , - • • • (Part-ef-E&file)-ESOGIACCA Sssu fity, SSI Recruitment 61+3 HC/ Electr. Reference: Applications (not hired), resumes, alternate lists/logs, CI +5 GC12946; GC6250 et seq; 29 CFR indices; ethnicity disclosures; examination materials, 1602 et seq.; 29 CFR 1607; 49 USC examination answer sheets, job bulletins; eligibility; 2000(e) -8; 2000c -12 electronic database. eligible lists. appointment information. Reference Checks T +2 HC/ Electr. GC12946 Surveys & Studies C +5 HC/ Electr. GC 12946, 34090; 29 CFR 516.6(2); Includes classification, wage rates • 29 CFR 1602.14 6 Training Records: HC/ Electr. Non -Safety C +7 GC6250 et seq- Employee/volunteer applications, program training, class training materials, intemships Paperwork documenting officers' intemal and extemal Personnel (by T +7 GC34090 training name) Certifications/designations C +2 GC34090 Safety Volunteer workers: HC/ Electr. Includes applications, waivers, placement forms; hired T +2 GC34090 Information is generally kept by departments not -hired C +2 Workers P HC/ Electr. CCR 14311; 154002 Labor Code Claim Files, Reports, Incidents (working fitec) in employee Compensation 5405 Title 8 _ personnel file; originals filed with Administrator 7