Agenda Item   



                                                                                                                        ASR Control  21-000201




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Tim Corbett (714) 667-8892 



Ronald Galang (714) 834-3458



Subject:  Approve Records Retention Schedule for Clerk of the Board


      ceo CONCUR

County Counsel Review

Clerk of the Board


No Legal Objection




3 Votes Board Majority




    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A




    Staffing Impact:


# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: No



    Prior Board Action: 8/1/2006 #15






Rescind Clerk of the Board of Supervisors Records Control Schedule 145B-06.



Approve new Clerk of the Board of Supervisors Records Retention Schedule 145C.







Approval of Records Retention Schedule 145C pursuant to Government Code Sections will provide alignment with legal updates for the Clerk of the Board of Supervisors.






As the operator of the County Records Center, OC Public Works assists all County of Orange (County) departments with the development of records retention policies through the establishment of Records Retention Schedules (Schedules). These Schedules list categories of records within departments and specify retention periods for the records in accordance with department needs and legal requirements.


Most of the records filed with the Clerk of the Board (COB) relating to the activities of the Board of Supervisors (Board) must be maintained in perpetuity. The statutes do, however, allow destruction of some records after the passage of time and/or after the documents have been electronically preserved. The COB electronically preserves all Board agenda materials and all assessment appeals records, thus allowing the COB to destroy certain original paper documents. 


Prior to any destruction of records, the COB collaborates with County Counsel to identify any matters that may be in litigation so that those documents can be preserved pending final resolution of the matter.


Government Code Sections 25101, 25102, 25102.1, 25105, 25105.5, 26202, 26907, 26907.2, 50270-50279.2, 81009 and Code of Civil Procedure 337 authorize the destruction of County records with Board approval, provided all statutory requirements are met. As a result of establishing Schedules, many categories of records can be transferred to off-site storage and, after the established retention period, subsequently destroyed. These actions free up valuable space and resources, both on- and off-site for current business needs.


On August 1, 2006, the Board approved COB Schedule 145B-06. OC Public Works is recommending Board rescission of Schedule 145B-06 and approval of Schedule 145C in order to update the previously approved schedule to include updates shown on Attachment C, and to add new retention schedules for COB Committees and Commissions, Administrative Hearings and County General Records.


Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA since it does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The approval of this agenda item does not commit the County to a definite course of action in regard to a project since the action authorized herein involves the retention of data records and their schedule of retention. This proposed activity is therefore not subject to CEQA. Any future action connected to this approval that constitutes a project will be reviewed for compliance with CEQA.













Clerk of the Board




Attachment A - Records Retention Schedule 145C
Attachment B - Government Code Sections 25101, 25102, 25102.1, 25105, 25105.5, 26202, 26907, 26907.2, 50270 - 50279.2, 81009 and Code of Civil Procedure 337
Attachment C - Redline Version of Retention Schedule 145B