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t z Resolution No. 18-078
RESOLUTION APPROVING THE DEPARTMENT OF PUBLIC WORKS' USE OF AN ELECTRONIC RECORDS RETENTION
SYSTEM AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO DESTROY HARDCOPY OFFICIAL RECORDS
WHEREAS, pursuant to Government Code section 12165.7, 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 alllows 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
recordis 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 12168.7, 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, the Department of Public Works has a. Board-approved
departmental records retention schedule; and
WHEREAS, pursuant to its Policy the Department of Public 'Works has established a trusted system for the
conversion of certain hardcopy official recordls 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
Public Works 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 Public Works` electronic records retention policy
meets the standards of a "Trusted System" under Government Code section 12168.7; and
WHEREAS, the Director of Public Works has custody of the following departmental official records (hereafter
"Official Records"):
RECORD CATEGORY
Accounting Files Drawings
BOS-resolutions,ordinances related to Public Works Encroachment Permits
Building&Safety Reports Insurance Documents Such As Engineers Errors&Omissions
Citizen Complaints Proposals, Bids For Construction
Correspondence Special District Records
Consultant contracts Appeals
Contracts administration records Cash Receipts
Contracts with state a encies Certificate Of Compliance Applications For Review
Correspondence Files Design Review Guidelines
County Records,Generally l=ee Schedule
Director's Decision letters Land Development Application Files
Duplicate Records Lot Line Adjustments 1 Mergers
Grant applications Parcel Information Sheets
Grant administration documentation Permits
Grants Public Handouts
HazardouslToxic Substance Exposure Records Receipts And Deposits For All Fees Collected - includes
deposit orders,general ledger,daily transactions,etc.
Litigation Documents Road Easement Abandonment Applications Reviewed
Office Layout Floor Plans Special Districts-County Service Areas
Ordinance Code Amendment Files Streets: adoption, acceptance, functional classifications,
names, numbering
OSHA Records Subdivision Maps
Personnel Files Tentative Parcel Maps
Project Files Layout Sheets, Right Of Way Maps
Training Files Road Files
Travel Expense Claim Vehicle Accident Reports
WHEREAS,the Official Records are not required by law to be retained in hardcopy format; and
WHEREAS,the Director of Public Works has ensured that: (i) Public Works'electronic records retention policy is a
part of the County's Trusted System, is produced in compliance with Government Code section 12168.7, and does not
permit additions, deletions or changes to the original record or other duplicate of the record; (ii) the official electronic
records maintained by Public Works pursuant to this policy shall be conveniently accessible for the duration of the records'
applicable retention period; and (iii) a duplicate copy of the official electronic records is also separately maintained and
does not permit additions,deletions, or changes to the original document images; and
WHEREAS,the Director of Public Works is required to secure the Board of Supervisors' approval of its electronic
records retention policy as a Trusted System, as well as authorization to destroy the original hardcopy of the Official
Records that are electronically maintained pursuant to this policy.
NOW,THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby approves the Department
of Public Works' electronic records retention policy as a Trusted System; and
BE IT FURTHER RESOLVED that, pursuant to Government Code section 26205.1, subdivision (a),the Butte County
Board of Supervisors hereby grants the Director of Public Works 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 Public Works 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 Public Works or his/her designee until final resolution of litigation, audit and/or
records request. 0
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this Stn day of May, 2018, by the
following vote:
AYES:Supervisors Connelly, Wahl, Kirk, Teeter, and Chair Lambert
NOES: None
ABSENT: None
NOT VOTING: None
)4a—
Steve Lambft, Chair
Butte County Board of Supervisors
ATTEST:
EST.,
Shari McCracken, Chief Administrative Officer
and Cle theof Supervisors
By:
Deputy