San Diego Municipal Code Div. 26 Procedures Governing the Management of City Records

(“Procedures Governing the Management of City Records” added 6–18–1982 by O–15761 N.S.)

This Division establishes a Records Management Policy that complies with local, state, and federal laws and regulations relating to the retention and disposition of public records, and which shall also be subject to the City Clerk’s Administrative Guidelines Section 6: Records Disposition. (“Purpose and Intent” added 6–14–1982 by O–15761 N.S.) (Retitled to “General Purpose” and amended 11-27-2012 by O-20221 N.S.; effective 12-27-2012.) (Amended 7-20-2018 by O-20960 N.S.; effective 8-19-2018.) (Amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)

For the purpose of this Division, the following definitions shall apply. Defined terms appear in italics.

Appraise means the process of evaluating records to determine their retention period
based on administrative, legal, operational, fiscal, and historical value.

City Clerk Archives means the location used by the City Clerk for keeping the City of
San Diego’s identified historical records.

Department means every City department or program that creates a record, including
the City Council District offices.

Disposition means a final administrative action of records following their appraisal,
including transfer from a department to the City Clerk’s records center, permanent
preservation, and destruction.

Duplicate means a reproduction or extra copy of an original record, regardless of
whether the reproduction or extra copy is in the same physical form as the original
record.

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Historical record means a record worthy of continued preservation because of its
administrative, legal, operational, fiscal, or historical content.

Legal hold means a communication issued by the City as a result of current or
anticipated litigation, a notice of audit, or a government investigation.

Master Records Schedule is a citywide comprehensive retention schedule that
categorizes record series by business function.

Nonrecord means recorded information of any kind and in any form which is not
required to be retained in the ordinary course of City business or is a temporary aid
and does not appear in the Master Records Schedule. Nonrecords include the
following:

(a) Brochures, catalogs, pamphlets, and other documents usually received by mail
that have no substantive value to the City.

(b) Electronic mail, instant messages, and voicemail that are not created for the
purpose of preserving documentary or informational content for future use by
the City, are not final approval of a City action or project, or do not
memorialize a change of a City project or program.

(c) Information received by the City from electronic mailing lists, services, third
parties, and new groups.

(d) Notes, worksheets, and rough drafts used as temporary aids by City staff for
their convenience and not retained in the ordinary course of business.

(e) Materials and publications, such as copies of books or periodicals, that are acquired and maintained solely for general reference purposes rather than to support a specific City operation.

(f) Duplicates.

Record means recorded information of any kind and in any form, created or received
by the City that is evidence of its operations. Records include paper and electronic
documents, electronic databases, electronic mail, correspondence, forms,
photographs, film, sound recordings, maps, and other documents that have
administrative, legal, operational, fiscal, or historical value requiring retention of the
record for a specified period of time.

Records Management Policy means the structure, standards, and system to maintain
and dispose of records.

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Records series means a group of logically related records that typically consist of multiple documents, folders, or items which are used, indexed, or filed together, sent to storage upon becoming inactive, or not otherwise retained.

Retention period means the length of time a record must be kept to meet administrative, legal, operational, fiscal, or historical requirements.

Vital record means any recorded information that is essential for the continuation of a department’s core functions in the event of a disaster or to protect the rights of the City and its citizens. (“Policy” added 6–14–1982 by O–15761 N.S.) (Renumbered from former Section 22.2604, and amended 11-27-2012 by O-20221 N.S.; effective 12-27-2012. Former Section 22.2602 repealed.) (Amended 7-20-2018 by O-20960 N.S.; effective 8-19-2018.) (Amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)

The City Clerk’s responsibilities include:

(a) development and update of the Records Management Policy;

(b) development and circulation of policies and procedures pertinent to the
Records Management Policy;

(c) training for records coordinators;

(d) maintenance and oversight of the Master Records Schedule;

(e) operating the City Clerk’s records center; and

(f) operating the City Clerk Archives for access, determining which records to
include in the City Clerk Archives, and preserving the City of
San Diego’s historical records.
(“Authority” added 6–14–1982 by O–15761 N.S.)
(“City Clerk’s Responsibilities” added 11-27-2012 by O-20221 N.S.; effective
12-27-2012. Former Section 22.2603 repealed.)
(Amended 7-20-2018 by O-20960 N.S.; effective 8-19-2018.)
(Amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)

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Department directors’ responsibilities include:

(a) appointing a records coordinator for their department;

(b) ensuring the department meets its legal responsibilities under the Records
Management Policy by establishing a program which includes department
processes for systematic control of records from their creation, maintenance,
and use to disposition;

(c) ensuring that their department fully complies with legal and statutory
requirements in applicable Council Policies, the Master Records Schedule, the
Administrative Regulations, and the City Clerk’s Administrative Guidelines;
and

(d) archiving historical records with the City Clerk Archives and preserving vital
records.
(Amended 10–13-2003 by O–19219 N.S.)
(“Department Director’s Responsibilities” added 11-27-2012 by O-20221 N.S.;
effective 12-27-2012. Former Section 22.2604, renumbered to Section 22.2602)
(Amended 7-20-2018 by O-20960 N.S.; effective 8-19-2018.)
(Amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)
(Retitled from “Department Director’s Responsibilities” to “Department Directors’
Responsibilities” and amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)

(a) The City Council is required to approve the Master Records Schedule and any amendments to the Master Records Schedule that add record series or change retention periods.

(b) The City Clerk may amend the Master Records Schedule, without the
approval of City Council required by section 22.2605(a), when state or federal
law or regulations require longer retention periods.

(c) A department director may authorize destruction of any record under the
department director’s charge in accordance with the retention periods set
forth in the Master Records Schedule.
(Amended 10-13–2003 by O–19219 N.S.)
(Amended 11-27-2012 by O-20221 N.S.; effective 12-27-2012.)
(Retitled from “Records Disposition Schedule” to “Master Records Schedule” and
amended 7-20-2018 by O-20960 N.S.; effective 8-19-2018.)
(Amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)

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(a) The following records shall be permanently retained:

(1) records required to be permanently retained under local, state, or
federal law or regulation;

(2) the minutes, ordinances, or resolutions of the City Council or of a City
board or commission; and

(3) records required to be permanently retained under the Master Records
Schedule.

(b) Records for which a retention period is defined by local, state, or federal law
or regulation shall be retained for that authority’s stated retention period or
expiration of the retention period in the Master Records Schedule, whichever
is longer.

(c) All records shall be retained for the retention period in the Master Records
Schedule or until the termination of a legal hold, whichever is longer.

(d) The City shall follow state law regarding best practices for storing and
maintaining records in electronic media with output in a human readable
fashion. Section 22.2606(d) shall be interpreted in a manner consistent with
California Government Code section 12168.7, as may be amended, and title 2,
sections 22620.1 through 22620.8 of the California Code of Regulations, as
may be amended. These provisions of state law are incorporated by reference
as if fully set forth herein.

(e) The City Clerk shall maintain the records of the City with a permanent
retention period at the City Clerk’s records center in a permanent form,
including paper or microfilm. The City Clerk may maintain records with less
than permanent retention period at the City Clerk’s records center.
(Amended 5–26–1987 by O–16869 N.S.)
(“Retention of Records” added 11-27-2012 by O-20221 N.S.; effective 12-27-2012.
Former Section 22.2606 repealed.)
(Amended 7-20-2018 by O-20960 N.S.; effective 8-19-2018.)
(Amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)
(Amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)

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(a) A record shall be inventoried, appraised, and identified in the Master Records Schedule before a department director may determine whether to retain the record.

(b) Department directors shall transfer records with a permanent retention period
to the City Clerk’s records center at the conclusion of their operational use in
accordance with the Master Records Schedule.

(c) Department directors shall not retain records beyond the retention period
unless a legal hold exists, if otherwise required by law, or if the records have
been transferred to the City Clerk’s Archives as historical records.

(d) Department directors shall destroy records at the end of a retention period as
described in the Master Records Schedule.
(“Destruction of Records” added 6–14–1982 by O–15761 N.S.)
(“Non-Retention of Records” added 11-27-2012 by O-20221 N.S.; effective
12-27-2012. Former Section 22.2607 repealed.)
(Amended 7-20-2018 by O-20960 N.S.; effective 8-19-2018.)
(Retitled from “Non-Retention of Records” to “Disposition of Records” and
amended 4-29-2024 by O-21795 N.S.; effective 5-29-2024.)

Copies of disclosable records shall be furnished to any person upon payment of any applicable copying or reproduction fee. (“Copies of Documents” amended and renumbered from Sec. 22.0103 on 10–2–1995 by O–18214 N.S.) (Retitled to “Copies of Records” and amended 11-27-2012 by O-20221 N.S.; effective 12-27-2012.)

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Article 2: Administrative Code