2007 California Government Code Chapter 7. Destruction Of Records Of Special Districts

CA Codes (gov:60200-60204)

60200.  The legislative body of any special district may authorize
at any time the destruction or disposition of any duplicate record,
paper, or document, the original or a permanent photographic record
of which is in the files of any officer or department of the
district.



60201.  (a) For purposes of this section, "record" means any record
consisting of a "writing," as defined by subdivision (f) of Section
6252.
   (b) The legislative body of a district may destroy or dispose of
any record that is not expressly required by law to be filed and
preserved through either of the following procedures:
   (1) The legislative body may authorize the destruction or
disposition of any category of records if it does both of the
following:
   (A) Adopts a resolution finding that destruction or disposition of
this category of records will not adversely affect any interest of
the district or of the public.
   (B) Maintains a list, by category, of the types of records
destroyed or disposed of that reasonably identifies the information
contained in the records in each category.
   (2) The legislative body may, by resolution, adopt and comply with
a record retention schedule that complies with guidelines provided
by the Secretary of State pursuant to Section 12236, that classifies
all of the district's records by category, and that establishes a
standard protocol for destruction or disposition of records.
   (c) A district is not required to photograph, reproduce,
microfilm, or make a copy of any record that is destroyed or disposed
of pursuant to this section.
   (d) Notwithstanding any other provision of this section or other
provision of law, a district may not destroy or dispose of any record
that is any of the following:
   (1) Relates to formation, change of organization, or
reorganization of the district.
   (2) An ordinance adopted by the district.  However, an ordinance
that has been repealed or is otherwise invalid or unenforceable may
be destroyed or disposed of pursuant to this section five years after
it was repealed or became invalid or unenforceable.
   (3) Minutes of any meeting of the legislative body of the
district.
   (4) Relates to any pending claim or litigation or any settlement
or other disposition of litigation within the past two years.
   (5) Is the subject of any pending request made pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1), whether or not the district
maintains that the record is exempt from disclosure, until the
request has been granted or two years have elapsed since the district
provided written notice to the requester that the request has been
denied.
   (6) Relates to any pending construction that the district has not
accepted or as to which a stop notice claim legally may be presented.

   (7) Relates to any nondischarged debt of the district.
   (8) Relates to the title to real property in which the district
has an interest.
   (9) Relates to any nondischarged contract to which the district is
a party.
   (10) Has not fulfilled the administrative, fiscal, or legal
purpose for which it was created or received.
   (11) Is an unaccepted bid or proposal, which is less than two
years old, for the construction or installation of any building,
structure, or other public work.
   (12) Specifies the amount of compensation paid to district
employees or officers or to independent contractors providing
personal or professional services to the district, or relates to
expense reimbursement to district officers or employees or to the use
of district paid credit cards or any travel compensation mechanism.
However, a record described in this paragraph may be destroyed or
disposed of pursuant to this section seven years after the date of
payment.



60203.  (a) Notwithstanding Section 60201, the legislative body of a
district may authorize the destruction of any record, paper, or
document that is not expressly required by law to be filed and
preserved if all of the following conditions are complied with:
   (1) The record, paper, or document is photographed,
microphotographed, reproduced by electronically recorded video images
on magnetic surfaces, recorded in the electronic data processing
system, recorded on optical disk, reproduced on film or any other
medium that is a trusted system and that does not permit additions,
deletions, or changes to the original document in compliance with
Section 12168.7 for recording of permanent records or nonpermanent
records.
   (2) The device used to reproduce the record, paper, or document on
film, optical disk, or any other medium is one that accurately
reproduces the original thereof in all details and that does not
permit additions, deletions, or changes to the original document
images.
   (3) The photographs, microphotographs, or other reproductions on
film, optical disk, or any other medium are placed in conveniently
accessible files and provision is made for preserving, examining, and
using the files.
   (b) For the purposes of this section, every reproduction shall be
deemed to be an original record and a transcript, exemplification, or
certified copy of any reproduction shall be deemed to be a
transcript, exemplification, or certified copy, as the case may be,
of the original.


60204.  For the purposes of this chapter, the terms "special
district" and "district" also include the South Coast Air Quality
Management District, the Bay Area Air Quality Management District,
and the San Joaquin Valley Air Pollution Control District, and the
term "legislative body" also includes the boards of the districts.