CITY OF LODI

ADMINISTRATIVE POLICY AND PROCEDURE MANUAL

SUBJECT: : DESTRUCTION OF PUBLIC RECORDS - Policy

DATE ISSUED: : May 1, 1995

SECTION: : D

REFERENCE: : California Government Code Section 34090.

SECTION 1: DEFINITION OF DESTRUCTIBLE DOCUMENTS AND RECORDS

Government Code Section 34090 states: "Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the City Attorney, the head of a City department may destroy any City record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required.

This section DOES NOT authorize the destruction of the following:

A. Records affecting the title to real property or liens thereon.

B. Court records.

C. Records required to be kept by statute.

D. Records less than two years old.

E. The minutes, ordinances, or resolutions of the legislative body or of a City board or commission.

"This section shall NOT be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books and papers in accordance with the procedure therein prescribed."

SECTION 2: CONDITIONS FOR THE DESTRUCTION OF RECORDS

Not withstanding the provisions of Section 34090, the City officer having custody of public records, documents, instruments, books, and papers may, without the approval of the legislative body or the written consent of the City Attorney, cause to be destroyed any or all of such records, documents, instruments, books, and papers, provided a permanent photographic record is kept as set forth in Government code Section 34090.5.

For further explanation and the proper procedure, contact the City Attorney.