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Resolution No. 17-152
RESOLUTION APPROVING THE DEPARTMENT OF DEVELOPMENT SERVICES' USE OF AN ELECTRONIC RECORDS
RETENTION SYSTEM AND AUTHORIZING THE DIRECTOR OF DEVELOPMENT SERVICES TO DESTROY HARDCOPY
OFFICIAL RECORDS
WHEREAS, pursuant to Government. Code section 12168.7, the term "trusted system" means a combination of
techniques, policies, and procedures for which there is no plausible scenario in which a document retrieved from or
reproduced by the system could differ substantially from the original document; and
WHEREAS, Government Code section 26205 allows the Board of Supervisors, at the request of a County officer,
to authorize the destruction of any County record that is not expressly required by law to be filed and preserved if the
record is electronically recorded on a trusted system, does not permit additions, deletions, or changes to the original
document images, is produced in compliance with Government Code section 121.68.7, accurately reproduces the original
record in all details,and is conveniently accessible,and if a duplicate copy of the electronic record contained in the trusted
system that does not permit additions, deletions, or changes to the original document images is also separately
maintained; and
WHEREAS, in accordance with Government Code section 26205.1, the County officer having custody of County
records that are not expressly required by law to be filed and preserved may cause to be destroyed such records if the
Board of Supervisors has adopted a resolution authorizing said County officer to destroy the records pursuant to
Government Code section 26205.1, subdivision (a), the County officer who destroys any record maintains such record
electronically in a trusted system that does not permit additions, deletions, or changes to the original record or other
duplicate of the record and is produced in compliance with Government Code section 12168.7; and
WHEREAS, pursuant to Resolution No. 14-168("Revised Resolution Establishing an Orderly System for Destruction
of Records of the County of Butte"), the Board of Supervisors has acknowledged its authority to approve a department's
electronic records retention policy and destruction of original records; and
WHEREAS, pursuant to Resolution No. 14-168("Revised Resolution Establishing an Orderly System for Destruction
of Records of the County of Butte"),the Department of Development Services has a Board-approved departmental!records
retention schedule; and
WHEREAS, pursuant to its Policy No. 440.40.008.01, the Department of Development Services has established a
trusted system for the conversion of certain hardcopy official records to electronic records pursuant to Government Code
section 26205; and
WHEREAS, County staff has reviewed the electronic records retention policy established by the Department of
Development Services to the greatest extent possible in order to ensure that hardcopy official records are properly
electronically converted and stored in a trusted system; and
WHEREAS, County staff has determined that the Department of Development Services' electronic records
retention policy meets the standards of a "trusted system" under Government Code section 12168.7; and
WHEREAS, the Director of Development Services has custody of the following departmental official records
(hereafter"Official Records"):
RECORD CATEGORY
Chronological Files(copies of director'slstaffs Correspondence) 1980 General Plan fire,timber, range diagrams
Code Enforcement Advisory Board,Agendas,Notices,
Correspondence 1980 General Plan geotechnical interpretive diagrams
Code Enforcement Advisory Board Meeting Minutes 1980 General Plan land use diagrams
Code Violation Case Files BOS-resolutions,ordinances related to D.S.IDevelopment
Director's Decision Letters General Plan Annual Report
Equipment Records, Operator's Manuals,Warranties CEQA Exempt LLA&merger maps reviewed
Fee Schedule Certificate of Compliance(DET)applications reviews
Inspection&Mileage Reports Chronological files(copies of director's/staffs correspondence)
Obsolete General Plan Diagrams 3 sets Complaints
Procedures Manuals Consultant contracts
Purchase Order Records Contracts administration records
Accounting Files Contracts with state agencies
Citizen Complaints Cultural resource index
Correspondence Zoning Administrator decision letters
Correspondence Files Planning Division Fee schedule
Monthly Reports(revenue expenditures) Fish&Wildlife environmental filing fee records
Other Grants General Plan geo-technical'interpretive diagrams
Project Files General Plan text amendment files
Staff Meeting Minutes Grant administration documentation
Training Files Grant applications
Vehicle Accident Report Index card files
Assembly Buildings"A"Occupancy Files Inventory records(assets)
BOS-resolutions,ordinances related to CA Building Standards Code Land Development application files
Building census reports Obsolete General Plan diagrams 3 sets
Building Permits Ordinance code amendment files
Business"B"Occupancy Files Planner's workload status reports
Commercial Plans Planning Commission,committee,ALUC agendas
Complaints Planning Commission,Committee,ALUC Audio Recordings
Demolition permit applications Planning Commission,Committee, ALUC minutes and records
Building Manager's decision letters Procedures manuals
Education buildings"E"occupancy files Projects logs
Building Division Fee schedule Public Handouts-other D.S. publications not specifically listed herein
Final building inspection reports Publications in library-reference materials
Fire protection system-automatic fire sprinkler system plans Purchase order records
Fire protection system-fire alarm system Reference-aerial photography
Fire protection system-kitchen hood&duct Reference-cultural resource surveys
Hazardous occupancy"H"occupancy files Reference-deer herd maps
Hospitals,nursing homes,jails"I"occupancy files Reference-special status species database
Lic. Care facility"R"-2 residential care facility files Reference-wildland fire hazard maps
Lic. Group care facility"R"-6 files Reference-wildlife habitat maps
Manufacturing buildings"F"occupancy files Reference materials-clerical
Merchandising occupancy"M"occupancy files Requests for proposals
Multi-unit occupancy"R"- 1 occupancy files Requests for qualifications
Ordinance CA Building Standards Code amendment files Road easement abandonment applications reviewed
Permits issued-fireworks,flammable LQ, LPG gas Security agreements
Procedures Manuals Three-party contracts(county,property owner,consultant)
Public handouts-other D,S, publications not specifically listed herein Timber harvesting plans reviewed for CF
Reference-wildland fire hazard maps Timberland conversion applications reviewed for CDF
Reference materials-clerical!
Residential plans
Soils(Geotechnical)
WHEREAS,the OfficiaU Records are not required by law to be retained in hardcopy format; and
WHEREAS, the Director of Development Services has ensured that: (i) Development Services' electronic records
retention policy is a part ofthe County's trusted system, is produced in compliance with Government Code section
12168.7, and does not permit additions, deletions m,changes to the wrigima| record or other duplicate of the record; (ii)
the official electronic records maintained by Development Services pursuantto this policy shall be conveniently accessible
fo,rtMe duration of the records' applicable retention periad; and (iii) a duplicate copy of the nf[[da| e|ectrnmic records is
also separately maintained and does not permit additions, deletions, mrchanges tothe mriQioaUdocument images; and
WHEREAS, the Director mfDevelopment Services is required to secure the Board of Supervisors' approval of its
electronic records retention policy as a trusted system, as well as aiuthorizatinm to destroy the original hardcopy of the
DfQda[ Records that are electronically maintained pursuant 1othis policy.
NOW,THEREFORE,BE IT RESOLVED that the Butte County Board of Supervisors hereby approves,the, Department
of Development Services' electronic records retention policy(Policy No. 440.40.008.01) as trusted system; and
. DE |TFURTHER RESOLVED that, pursuant LoGovernment Code section 26ZO5.1, subdivision (a),the Butte County
Board of Supervisors hereby grants the Director of Development Services continuing authority to destroy the original
hardcopy of the Official Records and maintain such Official Records electronically for the records' applicable retention
period; and
BE IT FURTHER RESOLVED that, if notice of litigation, reasonably anticipated litigation, audit or records request is
received by the Department of Development Sen/ices prior to the expiration of the applicable retention period of the
Official Records, the scheduled destruction, and/or deletion of any relevant Official Records and/or converted electronic
records shall be suspended by the Director of Development Services or his/her designee until final resolution of litigation,
audit and/or records request.
PASSED AND ADOPTED by the Butte County Board of Supervisors this1Im day of September, 2017, by the
following vote:
AYES: Supervisors Wahl, Kirk, Lambert,Teeter, and Chair Connelly
NOES: None
ABSENT; None °
NOT VOTING: Nome
Bill Connelly, Chair
Butte County Board ofSupervisors
Al0'EST:
Paul Hahn, Chief Administrative Officer
and Clerk ofthe Board ofSupervisors