2019 Idaho Code
Title 50 - MUNICIPAL CORPORATIONS
Chapter 9 - ORDINANCES — CITY CODE — RECORDS
Section 50-907 - CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS.

Universal Citation: ID Code § 50-907 (2019)

50-907. CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS. (1) "Permanent records" shall consist of:

(a) Adopted meeting minutes of the city council and city boards and commissions;

(b) Ordinances and resolutions;

(c) Building plans and specifications for commercial projects and government buildings;

(d) Fiscal year-end financial reports;

(e) Records affecting the title to real property or liens thereon;

(f) Cemetery records of lot ownership, headstone inscriptions, interment, exhumation and removal records, and cemetery maps, plot plans and surveys;

(g) Poll books, excluding optional duplicate poll books used to record that the elector has voted, tally books, sample ballots, campaign finance reports, declarations of candidacy, declarations of intent, and notices of election; and

(h) Other documents or records as may be deemed of permanent nature by the city council.

Permanent records shall be retained by the city in perpetuity, or may be transferred to the Idaho state historical society’s permanent records repository upon resolution of the city council.

(2) "Semipermanent records" shall consist of:

(a) Claims, canceled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, utility and other financial records;

(b) Contracts;

(c) Building applications for commercial projects and government buildings;

(d) License applications;

(e) Departmental reports;

(f) Bonds and coupons; and

(g) Other documents or records as may be deemed of semipermanent nature by the city council.

Semipermanent records shall be kept for not less than five (5) years after the date of issuance or completion of the matter contained within the record.

(3) "Temporary records" shall consist of:

(a) Building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval;

(b) Cash receipts subject to audit;

(c) Election ballots and duplicate poll books; and

(d) Other documents or records as may be deemed of temporary nature by the city council.

Temporary records shall be retained for not less than two (2) years, but in no event shall financial records be destroyed until completion of the city’s financial audit as provided in section 67-450B, Idaho Code.

(4) "Historical records" shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they contain. Historical records shall be retained by the city in perpetuity or may be transferred to the Idaho state historical society’s permanent records repository pursuant to subsections 8. and 9. of section 67-4126, Idaho Code, upon resolution of the city council.

(5) Each city council shall adopt by resolution a records retention schedule, listing the various types of city records and the retention period for each type of record.

(6) The city may reproduce, retain and manage records in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the record in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document.

(a) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI).

(b) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch.

(c) A record retained by the city in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such record, certified by the city clerk, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing.

(d) Once a semipermanent or temporary record is retained in a nonpaper medium as authorized by this section:

  • (i) The original paper document shall be considered a duplicate of the record, and may be summarily disposed of or returned to the sender; and

    (ii) The provisions of this section related to retention and destruction of semipermanent and temporary records shall apply only to the record retained in the nonpaper medium.

(e) Once a permanent record is retained in a nonpaper medium as authorized by this section:

  • (i) The original paper document shall be considered a copy of the record and may be destroyed after compliance with the provisions of this subparagraph. Prior to destruction of original paper documents, the city clerk shall provide written notice, either by electronic or physical delivery, including a detailed list of the documents proposed for destruction to the Idaho state historical society. The Idaho state historical society shall have thirty (30) days after receipt of the notice to review the list and respond in writing, either by electronic or physical delivery, to the city clerk identifying any documents that will be requested to be transferred from the city to the historical society for retention in the permanent records repository. Any documents that will not be transferred for retention in the permanent records repository may be destroyed. If the city clerk receives no written response within thirty (30) days after the notice was received by the historical society, then the records proposed for destruction may be destroyed.

    (ii) The provisions of this section related to retention of permanent records shall only apply to the record retained in the nonpaper medium.

(f) Even if a historic record is retained in a nonpaper medium as authorized by this section, the original paper record shall also be retained by the city in perpetuity, or it may be transferred to the Idaho state historical society’s permanent records repository upon resolution of the city council.

(g) Whenever any record is retained in a nonpaper medium, the city clerk shall maintain, throughout the scheduled retention period for such record, suitable equipment for displaying such record at not less than original size and for making copies of the record.

(h) Whenever any record is retained in a nonpaper medium, it shall be made in duplicate and the custodian thereof shall place one (1) copy in a fire-resistant vault or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record.

(7) Destruction or transfer of records:

(a) Permanent records shall not be destroyed, except for paper originals of permanent records retained in a nonpaper medium as provided in subsection (6)(e) of this section. Permanent records may be transferred to the Idaho state historical society’s permanent records repository upon resolution of the city council.

(b) Semipermanent records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of semipermanent records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed.

(c) Temporary records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of temporary records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed.

(d) Historical records may not be destroyed but may be transferred to the Idaho state historical society’s permanent records repository upon resolution of the city council.

History:

[50-907, added 2005, ch. 41, sec. 2, p. 164; am. 2016, ch. 226, sec. 1, p. 621.]

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