Agenda Item AGENDA STAFF REPORT ASR Control 18-000793
MEETING DATE:	10/16/18
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):	Vicki Quiram (714) 667-3255
	Denah Hoard (714) 645-5730

Subject: Records Retention Schedule for Campaign Finance and Ethics Commission

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

No Legal Objection

Discussion

4/5 Vote

Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

Staffing Impact:

No

# 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: N/A

RECOMMENDED ACTION(S):

1.	Approve the new Records Retention Schedule 385 for the Campaign Finance and Ethics Commission.
2.	Authorize the continuing disposition of the Campaign Finance and Ethics Commission records in accordance with the recommended Records Retention Schedule 385 and legal requirements.

SUMMARY:

Approval of Records Retention Schedule 385 pursuant to Government Code Sections 26201-26205.1 will provide alignment with legal updates for the Campaign Finance and Ethics Commission Retention Schedule.

BACKGROUND INFORMATION:

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

Government Code Sections 26201-26205.1 authorizes the destruction of County Records with Board of Supervisors (Board) approval, provided all statutory requirements are met. As a result of establishing Schedules, many categories of records can be transferred to offsite storage and, after the established retention period, subsequently destroyed. These actions free up valuable space and resources, both on-site and off-site for ongoing business needs.

Government Code Section 26202 requires a four-fifths vote of the Board to authorize the destruction of records more than two years old, which were prepared or received in any manner other than pursuant to state statute or County charter. However, records in any format that are the subject of a legal hold or California Public Records Act (PRA) request must be retained until the claim, litigation or PRA request is resolved.

Schedules must be reviewed and updated periodically to reflect new records and recordkeeping requirements created by new laws, regulations, programs and reporting requirements. Updated Schedules provide departments with relevant and necessary information to align current legal requirements with current practices and provide departments with an effective tool to manage the creation, capture, storage and disposition of their records.

OC Public Works coordinated with the Campaign Finance and Ethics Commission regarding the revision of the Schedules to ensure consistency with the County Records Management Policy. Documents not covered in Records Retention Schedule 385 will be retained in accordance with Records Retention Schedule 16C.

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.

FINANCIAL IMPACT:

N/A

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

Campaign Finance and Ethics Commission

ATTACHMENT(S):

Attachment A – Records Retention Schedule 385
Attachment B – Letter of Affirmation for Records Retention Schedule 385
Attachment C - Government Code Sections 26201-26205.1