HomeMy WebLinkAbout21-111Resolution No. 21-111
RESOLUTION APPROVING THE DEPARTMENT OF PUBLIC HEALTH -ENVIRONMENTAL HEALTH DIVISIOR, 1SE OF AR
EUL I KUNIL RECORDS RETENTION SYSTEM AND AUTHORIZING THE DIRECTOR OF PUBLIC HEALTH TO DESTROY
HARDCOPY OFFICIAL RECORDS
WHEREAS, pursuant to Government Code section 121607, the &enn "trusted means a combination of
techniques, policies and procedures for which there is no p|auoib�|oscenaho in which a document retrieved from or
reproduced by the system could differ suibstantially from the original document; and
WHEREAS, Government Code section 2G205 allows the Board ofSupervisors, at the request ofaCounty officer,
to authorize the destruction of any County record that is not expressly required by |avv to be filed and preserved if the
record is electronically recorded on a trusted system, does not permit additions, deletions, nrchanges tothe 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 Kam/ 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 tnResolution No. 14-168("RevisedResolution Establishing anOrderly System for Destruction
ofRecords ofthe County of8utte"),the Board of Supervisors has acknowledged its authority 10approve adepartment'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 Public Health -Environmental Health Division has a Board -approved
departmental records retention schedule; and
WHEREAS, pursuant to its policy, the Department of Public Health -Environmental Health Division has established
a trusted system for the conversion of certain hmrdmmpy official records to electronic records pursuant to Government
Code section 26205;and
WHEREAS, County staff has reviewed the e�lec1romic records retention policy established by the Department of
Public Health -Environmental Health Division to the greatest extent possible in order to ensure that hardcopy official
records are properly electronically converted and stored imatrusted system; and
WHEREAS, County staff has determined that the Department of Pubic Health -Environmental Health Division
electronic records retention policy meets the standards of a "trusted system" under Government Code section 12168.7;
and
WHEREAS, the Director of Public Health has custody of the following departmental official records (hereafter
"Official Records'):
Record Category
Advisory Letters
Inspection Reports
Policies
Permits to Operate
Guidance Documents
Permits to Construct
Audit Reports
Hazardous Waste Generator Files
Billing Ledger for Fiscal Year
Tiered Permitting Files
Budget Background
Hazardous Material Area Response Plan
Complaint Log
Minutes
Correspondence
UST Installation, Removal and Modification Plans
Court Case File
Industrial Clean up Files
Daily Activity Report
Leaking UST Files
Division Program Plan
Non -Petroleum Site Files
Documentation for Federal or State Grants
Superfund Files
Logs (i.e. well, septic)
Audit Reports
Minutes of Advisory Boards or Commissions
Closed Facility Inspection Reports
Minutes of Official Boards or Commission
(Governing or Decision Making Bodies)
Facility Construction Plans
Program Enforcement
Foodborne Illness Reports
Transitory Materials
Investigation Reports
Annual Enforcement Summary
Food Facility inspection Reports
Annual Inspection Summary
Organized Camp Inspection Reports
Annual Single Fee Summary Report
Lead Grant
Complaint Files
Test Results
Investigation Requests
Subdivision/Parcel Maps
Self Audit
Tentative Parcel Maps
Legislative Files
Public Pool/Spa Inspection Reports
Management Reports
Water System Inspection Reports
Proposition 65 Notification Reports
Public Water System Inspection Reports
Hazardous Material Business Plans
WHEREAS, the Official Records are not required by law to be retained in hardcopy format; and
WHEREAS, the Director of Public Health has ensured that: (i) The Environmental Health Division's 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 the Department of Public Health -Environmental Health Division 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 Health 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 Health -Environmental Health Division's electronic records retention policy as a trusted system; and
BE[TFURTHER RESOLVED that, pursuant to Government Code section, 26205.1, subdivision (a), the Butte County
Board ofSupervisors hereby Anantsthe Director ofPublic Health continuing authority todestroy the original hardcopy of
the Official Records and maintain such Official Records electronically for the records' applicable retention period; and
BE[TFURTHER RESOLVED that, if notice of litigation, reasona�ly anticipated litigation, audit or records request is
received by the Department of Public Health -Environmental Health Division p�rior 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 besuspended bvthe Director ofPublic Health orhis/her designee until final resolution
of litigation, audit and/or records request,
PASSED AND ADOPTED by the Butte County Boa,rd of Supervisors this 101h day of August 2021, by the following
AYES: Supervisors Lmcen,Ritter, k5mme�shue,Teeter, and Chair Connelly
R|O,ES:Nmne
~
Bill Connelly, Chair
Butte County Board of Supervisors
Andy Pickett, Chief Administrative officer
d|