Resolution No. 3590RESOLUTION NO. 3590
A RESOLUTION OF THE CITY COUNCIL OF CYPRESS, AND
ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, AMENDING
RESOLUTION NO. 3327 AUTHORIZING PROCEDURES
FOR THE RETENTION AND DESTRUCTION
OF CERTAIN PERSONNEL RECORDS.
WHEREAS, The City of Cypress requires procedures which
govern its destruction of certain personnel records as prescribed
by Law; and
WHEREAS, Resolution No. 3327, adopted by the City Council on
December 14, 1987, is limited in scope to authorizing procedures
for the retention and destruction of former employees' personnel
files; and
WHEREAS, Government Code Section 34090 provides that the
head of a City department may destroy certain City records,
documents, or instruments under his /her charge, without
duplication, with the approval of the City Council by resolution
and with the written consent of the City Attorney; and
WHEREAS, Title 29, Chapter 14, Code of Federal Regulations,
Subpart I: Subsections 1602.30- 1602.31 requires political
jurisdictions to maintain personnel or employment records for
three (3) years from the date of the making of the record or the
personnel action involved; and
WHEREAS, it has been determined that certain personnel
records are no longer required for retention and that the
accumulation of certain personnel records has become unduly
cumbersome.
Now, THEREFORE, the City Council of the City of Cypress, and
acting as ex- officio Board of Directors of the Cypress Recreation
and Park District, does hereby resolve that Resolution No. 3327,
Section 2., is amended in full as follows, and Section 3 is
added:
Section 2. That the following policy is hereby adopted with
respect to recruitment, testing and background
investigation records of the City of Cypress and
Cypress Recreation and Park District after the
same are no longer needed and are no longer
required by Law, without making a copy thereof.
A. The following records will be retained for
three (3) years from the date they were made,
and subsequently destroyed:
1. The eligibility and testing files
maintained by the Personnel Office.
Yearly, the Assistant to the City
Manager /Employee Relations or designee will
review the eligibility and testing files.
Those files meeting the stated criteria
will be destroyed.
2. The background investigation files
maintained in the Police Department.
Yearly, the Police Chief or designee will
review the background investigation files
for those candidates who were not
subsequently hired and will destroy those
files meeting the stated criteria.
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B. Notwithstanding the above (Section 2 A.),
those files not to be destroyed and which will
be maintained are those wherein the file
contains information which may be required for
any legal proceeding or investigation.
Records for applicants who are hired by the
City of Cypress or the Cypress Recreation and
Park District will be retained as part of
their personnel file. These records include
their employment applications and background
investigation information.
Section 3. The City Council finds that the City Attorney has
given his written consent to the destruction of
the records described in Section 1 and 2 of this
Resolution, and the Assistant to the City
Manager /Employee Relations and the Police Chief
are authorized to destroy the personnel records
described in Section 1 and 2 of this Resolution.
PASSED AND ADOPTED by the City Council of the City of
Cypress at a regular meeting held on the 26th day of June, 1989.
ATTEST:
CI ' CLERK
F THE TY OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO
HEREBY CERTIFY that the foregoing Resolution was duly adopted at
a regular meeting of said City Council held on the 26th day of
June, 1989, by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 0
COUNCIL MEMBERS: Age, Arnold, Kerry and Kanel
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
/-A!-(
CITY CLERK 0 THE CIa.'Y OF CYPRESS
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