Resolution 2002-60
RESOLUTION NO. 2002-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY AUTHORIZING THE DESTRUCTION OF OLD
RECORDS NO LONGER REQUIRED AND REPEALING
RESOLUTION NO. 77-39, WHICH PREVIOUSLY
AUTHORIZED THE DESTRUCTION OF CITY RECORDS
WHEREAS, the City of Gilroy ("City") accumulates volumes of old records that are no
longer needed by the City, and the City now and from time to time seeks to purge and destroy
old record that are no longer required by the Ci1y; and
WHEREAS, California Government Code section 34090 au1horizes the City
Administrator and all department heads to destroy, with specified exceptions, records not less
than two (2) years old with the consen1 of the City Attorney, which consent has been given; and
WHEREAS, the City Attorney also has given consent to the destruction by the City
Administrator and all department heads after one (1) year of any recording of a video
monitoring, and the destruction after one hundred (100) days of any recording of a telephone or
radio communication maintained by a department, except when the recording is evidence in any
claim filed or pending litigation, as required by California Government Code section 34090.6;
and
WHEREAS, California Government Code section 34090.7 authorizes the City Council to
prescribe a procedure whereby duplicates of City records may be destroyed even if they are less
than two (2) years old; and
WHEREAS, the City desires to repeal Resolution No. 77-39, which addressed the
destruction of City records.
NOW, THEREFORE, BE IT RESOLVED:
SECTION I
That Resolution No. 77-39 is hereby rescinded.
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Resolution No. 2002-60
SECTION II
That pursuant to Government Code sections 34090 and 34090.7, the City Administrator
and all department heads are authorized to:
(I) Destroy duplicates of all City records no longer required.
(2) Destroy any recording of a video monitoring after one (1) year, and destroy any
recording of telephone and radio communications after one hundred (100) days,
except if the recording is evidence in any claim filed or pending litigation.
(3) Destroy all other City records, documents, instruments, books and papers under
his or her charge that are over two (2) years old if1hey are no longer required, with the
following exceptions:
(a) Records affecting the title to real property or liens thereon.
(b) Court records.
(c) Records required to be kept by statute.
(d) The minutes, ordinances, or resolutions of the legislative body or of a City
board or commission.
PASSED AND ADOPTED this 5th day of August, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
ARELLANO, DILLON, GARTMAN,
MORALES, PINHEIRO and SPRINGER
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
VELASCO
APPROVED:
-~~ r.
Thomas W. Springer~yor
4~i2 '
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Rhonda Pellin, City Clerk
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Resolution No. 2002-60
CJ
I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certifY that the attached
Resolution No. 2002-60 is an original resolution, duly adopted by the Council of the City of
Gilroy at a regular meeting of said Council held on the 5th day of August, 2002, at which meeting
a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 25th day of September, 2002.
City lerk of the City of Gilroy
(Seal)