300 - Government Code Sections on Records Retention and Dispensation

It is important to note that the decision to retain or destroy a record may be influenced by factors other than the state codes. Some records may be retained beyond the minimum required retention period because of practical reasons of usefulness, historical interest or other reasons such as pending litigation. When establishing disposition schedules, departments are to review applicable codes and comply with recent revisions.

In other cases the records may be needed in connection with an audit of final settlement under federal or state programs, such as Welfare, Medi-Cal, gas tax, flood damage, etc.

"Retention period" refers to the length of time a record must be kept.

The date in brackets which follows each code citation is the date the code section there summarized was most recently amended (or the date the section was added, if never amended), as of the date of this policy's revision. This is for reference in future policy revisions.

The following is a list of code sections which generally pertain to retention and disposition of various types of records and which will apply to a number of departments.

1. Government Code Section 26201 (1963) provides that the board of supervisors may authorize the destruction of any duplicate record if the original or a permanent photographic reproduction is on file with the county.

The board may authorize the destruction of a duplicate or copy of a notice to or promise to appear in court that is on file with the county, 12 months after its original has been filed with the magistrate or magistrate's designee.

2. Government Code Section 26202 (1963) allows the destruction of any record older than 2 years that was prepared or received other than pursuant to state statute or county charter, when there is authorization by the board of supervisors. Authorization for destruction of records older than 2 years which were prepared or received pursuant to state statute or county charter is allowed if documents or records are not expressly required by law to be filed and preserved, and if the board determines by a 4/5 vote that retention of the records is no longer necessary for county purposes. Such records need not be reproduced prior to destruction and no copy need be retained.

3. Government Code Section 26202.1 (1957) provides that the board may authorize the destruction of any unaccepted bid or proposal for the construction or installation of any structure, bridge or highway or other public works, which is more than 5 years old.

4. Government Code Section 26202.5 (1982) provides that the board of supervisors may authorize by 4/5 vote the destruction of any record, paper or document inadvertently exposed to asbestos fiber in a quantity which presents a health and safety risk to the records handlers. Risk must be determined to be greater than the benefit to be derived from the retention of the records, or cost of sterilizing the records must far exceed their value.

5. Government Code Section 26202.6 (1981) provides that the head of a county department, public safety communications center or the head of a special district may, after 100 days, destroy recordings of telephone and radio communications maintained by the department or special district. Destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event such recordings are evidence in a claim filed or litigation pending, recordings shall be preserved until pending litigation is resolved. ("Recordings of telephone and radio communications" means the routine daily taping and recording of telephone communications to and from a city, county, city and county, or special district department and all radio communications relating to the operations of such departments or special district.)

6. Government Code Section 26205 (1989) allows, at the request of the county officer concerned, the destruction of original records not required by law to be preserved, if the Board of Supervisors has authorized the destruction and the document is reproduced appropriately* and is accessibly filed for use.

* Reproduction must be in compliance with the section, which provides in part:

"...(a) The record, paper, or document is photographed, micro photographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data-processing system, recorded on optical disk, or reproduced on film or any other medium which does not permit additions, deletions, or changes to the original document of a type approved for permanent records by the National Institute of Standards and Technology.

(b) The devised used to reproduce the record, paper, or document on film, optical disk, or any other medium is one which accurately reproduces the original thereof in all details and which does not permit additions, deletions, or changes to the original document images.

(c) The photographs, microphotographs, electronically recorded video images on magnetic surfaces, records in the electronic data-processing system, records recorded on optical disk, or other reproductions on film or any other medium are placed in conveniently accessible files and provision is made for preserving, examining, and using the files.

Notwithstanding any other provision of this section, destruction of the original records, papers, or documents is not authorized when the method of reproduction pursuant to this section is reproduction of electronically recorded video images on magnetic surfaces unless a duplicate video tape of the images is separately maintained. A duplicate copy of a record contained in the electronic data-processing system, on optical disk, or on any other medium which does not permit additions, deletions, or changes to the original document images shall also be separately maintained."

7. Government Code Section 26205.1 (1992) provides for the destruction by a county officer having custody of non- judicial public records, documents, instruments, books and papers of such records, etc., if the board of supervisors has adopted a resolution authorizing the officer to destroy such records.

NOTE: By Resolution No. 66-94, adopted February 8, 1994, the board of supervisors has authorized departments heads, upon the review and approval of the county administrative officer and auditor-controller, to be completed within 60 days of receipt of notice for record destruction, to destroy non judicial records which are more than 2 years old, which are not prepared or received pursuant to state statute, which are not expressly required by law to be filed and preserved, which are no longer required for audit, and which are not of historical significance. General Services (200.2.d) will inform the Historic Resources Commission and allow for Commission review of any historic or potentially significant historic records prior to destruction.