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HomeMy WebLinkAbout0008_2_Email - Exhibit A ResoRESOLUTION NO. 2016-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING AND ESTABLISHING THE CITYWIDE E-MAIL RETENTION POLICY WHEREAS by Resolution No. 2016-__, the City Council of the City of Lake Elsinore adopted the City of Lake Elsinore Retention Schedule and Policy; and, WHEREAS, E-mail may consist of correspondence, communication and other documentation,which can be considered City records subject to the requirements of the California Public Records Act, as well as the City's Records Retention Schedule and Policy; and, WHEREAS,the City seeks to comply with applicable State record retention laws by adopting a policy of E-mail management and retention, as well as, a corresponding schedule for destruction of same;and, WHEREAS, the adoption of a formal policy regarding the retention of E-Mails insures compliance with the City's Records Retention Schedule and Policy and promotes economical and effective preservation of records of permanent value, as well as the economical and effective responses to California Public Records Act requests, in accordance with the requirements of the Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of Lake Elsinore hereby adopts the E-Mail Retention Policy, attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 2:The City Clerk shall certify adoption of the resolution. SECTION 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this day of , 20___. Brian Tisdale, Mayor ATTEST:APPROVED AS TO FORM: Susan M. Domen, MMC Barbara Leibold City Clerk City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. ______ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of _________, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk Exhibit A City of Lake Elsinore E-Mail RetentionPolicy This policy governs retention of e-mail, or electronic communication, that is created, sent, received, forwarded, edited, stored, or otherwise used by means of City electronic information resources of any kind, including, but not limited to, computers, computer networks, software, telephones, voicemail, personal data assistants, and any other electronic data systems or equipment (“City E- mail”). This policy applies to City E-mail of City officials, officers, employees, volunteers and contractors. City E-mail may consist of correspondence and other documentation which may constitute City records subject to the requirements of the California Public Records Act (“CPRA”), the City’s Records Retention Schedule and the laws and regulations governing it, and other laws and regulations that apply to public agencyinformation. City E-mail and City E-mail systems are intended to be a medium of communication. City E-mail and City E-mail systems are not intended to be and may not be used for the electronic storage or maintenance of permanent City records. Back-up tapes are for disaster recovery purpose only. Retention is the responsibility of the sender of the message, not the back-up process. Back-up copies performed by Information Technology staff are not records retention. Back-up tapes of email systems should be retained no more than 60days. Persons subject to this policy are responsible for determining whether City E-mails created, received, or used by them should be retained as permanent City records. The definition of public records is “any writing or recording of an event or information, which is kept in the custody of public officer, either because a law requires it to be kept or because it is necessary or convenient to the discharge of the public officer’s duties, and was made or retained for the purpose of preserving its information content for future reference.” (See 64 Cal.Op.Att’y.Gen 317). Typically, City E-mails that contain substantive information concerning City policies, decision-making, proceedings, projects, or contractors, or that may later be important or useful for carrying out City business should be retained as permanent City records in accordance with this policy. Such records must be retained in accordance with this policy and the City’s Records Retention Schedule. Regardless of retention requirements, e-mail and other electronic or paper documents pertaining to threatened or actual legal proceedings must be retained until the litigation is finally concluded. Examples of e- mails that are not public records include e-mails from friends or family, and emails from one coworker to another inviting him or her to lunch orcoffee. Persons subject to this policy are responsible for determining whether City E-mails that should be retained as permanent City records should be stored in hard copy or electronic form. Permanent City electronic records are subject to disclosure in electronic form in accordance with the CPRA. Typically, only City E-mails intended for later editing, incorporationinotherdocumentsorelectronictransmission should be stored electronically. Such City E-Mails are automatically stored on the server until deleted by the user or after 60 days automatically by the system. All other City E-mails that should be retained as permanent City records should be printed and filed in the appropriate City file and deleted. The City Clerk and City Attorney are available to assist persons subject to this policy in determining which City E-mails should be retained as permanent City records and how, and to address other questions concerning the application of this policy. Persons subject to this policy should generally determine whether City E-mails created, received or used by them should be retained as permanent City records within ten (10) working days of creation, receipt or use of the City E-mail. Because City E-mails and e-mail systems may not be used for permanent storage of City records, City E-mails are generally deemed pursuant to this policy to constitute preliminary drafts, notes, or interagency or intra-agency memoranda that are not retained by the City in the ordinary course of business and that are therefore exempt from disclosure pursuant to the CPRA. However, City department heads and the City Clerk are responsible for determinations concerning disclosure of City records, including City E-mails, in response to requests pursuant to the CPRA, subpoena or court order. When the City receives a request for disclosure of City records that applies to City E-mail, the person responsible for the covered records must, using his/her best efforts and by any lawful means available, preserve any City E-mail covered by the request until it is determined whether the City E-mail is subject to retention and/or disclosure. The City Clerk and/or City Attorney must be contacted concerning any request for disclosure of City records that applies to City E-mail in the possession of persons subject to this policy. Persons subject to this policy are responsible for managing City E-mail and City E-mail systems used by them in accordance with this policy. Persons subject to this policy should regularly review their mailboxes or folders that contain City E-mails and delete City E-mails that are not required to be kept by law or this policy, or that are unnecessary or inconvenient for the discharge of official City duties or the conduct of City business, or that are otherwise no longer needed in accordance with this policy. Persons subject to this policy should bear in mind the following design features of the City electronic information systems that relate to City E-mails: 1.The IT Department performs an electronic back up of the City E-mail system regularly. The back-up is a “snap shot” of the data contained on the City E-mail server at the that time — the back-up is not a copy of all City E-mail activity that has occurred since the previous backup (e.g., an Email received and deleted from the “Deleted Items” folder between backups would not be copied). 2.Back-ups are not permanent City records. The sole purpose of back-ups is to provide a means of complete server recovery in case of a system failure. The IT Department maintains backup data for no longer than two weeks before they areoverwritten. 3.The IT Manager has established a City E-mail management policy that will automatically remove E-mails from the server that are more than 60 days old.