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HomeMy WebLinkAbout2023-04 - Email Management PolicyRESOLUTION NO. 2023-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING AN ELECTRONIC E-MAIL MANAGEMENT POLICY THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, E-mail may consist of correspondence, communication and other documentation, which can be considered City records subject to the requirements of the California Public Records Act, as well as the City's Records Retention Schedule; and WHEREAS, the City seeks to comply with applicable State record retention laws by adopting a policy of E-mail management and retention, as well as, a schedule for destruction of same; and WHEREAS, E-mail systems are not designed for long-term retention of messages; and WHEREAS, it is the responsibility of the user to determine if an e-mail message is an official record and is covered within the scope of City's records retention schedules; and WHEREAS, e-mail that becomes part of an official records should be acted upon and maintained within a separate project file outside of the mail system; and WHEREAS, all e-mail messages will be electronically deleted by the City's Information Technology Department two -years after the date of sending or receipt; and WHEREAS, all e-mail messages that are subject to the City's records retention schedule need to be evaluated and saved by alternative means if necessary before that time; and WHEREAS, employees having questions about whether a particular message needs to be retained should direct their questions to the City Clerk's Office who will receive advice and recommendation from the City Attorney's Office as to its retention value, including a -mails that may be related to litigation matters; and WHEREAS, electronic e-mail backups performed by the Information Technology Department are for Disaster Recovery purposes only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa: SECTION 1. The City Council of the City of Costa Mesa hereby adopts the E- mail Management Policy, attached hereto as Exhibit "A" and incorporated herein by this reference. Resolution No. 2023-04 Page 1 of 2 SECTION 2. The City Clerk shall certify adoption of the resolution. SECTION 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED this 21st day of March, 2023. ATTEST: &4j-aL A*— Brenda Gre6h, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM: 44t-j Kimberl all Barlow, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 2023-04 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 215' day of March, 2023, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: CHAVEZ, GAMEROS, HARPER, MARR, REYNOLDS, HARLAN, AND STEPHENS. NOES: COUNCIL MEMBERS: NONE. ABSENT: COUNCIL MEMBERS: NONE. ABSTAIN: COUNCIL MEMBERS: NONE. IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 22"d day of March, 2023. Brenda Green, ity Clerk Resolution No. 2023-04 Page 2 of 2 Costa Mesa E-MAIL MANAGEMENT POLICY This policy governs retention of e-mail, or electronic communication that is created, sent, received, forwarded, edited, stored, or otherwise used by means of City electronic information resources of any kind, including, but not limited to, computers, computer networks, software, telephones, voicemail, personal data assistants, and any other electronic data systems or equipment ("City E-mail"). This policy applies to City E-mail of City officials, officers, employees, volunteers and contractors. City E-mail, including attachments, may consist of correspondence and other documentation and are potentially subject to disclosure pursuant to the California Public Records Act (CPRA), Government Code § 7920, et seq., and the Freedom of Information Act (FOIA), 5 U.S.C. § 552, (Record E-mails). They must be retained for a minimum of 2-years (longer periods for some a -mails may be outlined in the City's Records Retention Schedule). City E-mail and City E-mail systems are intended to be a medium of communication. City E-mail and City E-mail systems are not intended to be and may not be used for the electronic storage or maintenance of permanent City records. Back-up copies performed by Information Technology staff are not records retention. Back-up tapes of e-mail systems should be retained no more than two -years. Persons subject to this policy are responsible for determining whether City E-mails created, received, or used by them should be retained as permanent City records. The definition of public records is "any writing or recording of an event or information, which is kept in the custody of public officer, either because a law requires it to be kept or because it is necessary or convenient to the discharge of the public officer's duties, and was made or retained for the purpose of preserving its information content for future reference." (See, 64 Cal.Op.Att'y.Gen 317). Typically, City E-mails that contain substantive information concerning City policies, decision -making, proceedings, projects, or contractors, or that may later be important or useful for carrying out City business should be retained as permanent City records in accordance with this policy and in accordance with the City's Records Retention Schedule. Regardless of retention requirements, e-mail and other electronic or paper documents pertaining to threatened or actual legal proceedings must be retained until the litigation is finally concluded. City E-Mails automatically stored on the server will be deleted after two -years automatically by the system. All other City E-mails that should be retained as permanent City records should be printed and filed in the appropriate City file and deleted. The City Clerk and City Attorney are available to assist individuals subject to this policy in determining which City E-mails should be retained as permanent City records and how, and to address other questions concerning the application of this policy. The City Attorney and City Clerk are responsible for determinations concerning disclosure of City records, including City E-mails, in response to requests pursuant to the CPRA, subpoena or court order. When disclosure is required under the California Public Records Act or otherwise March 16, 2023 Costa Mesa E-MAIL MANAGEMENT POLICY by law, the City shall not in any way be liable or responsible for the disclosure of any e- mail message or any part thereof. Persons subject to this policy are responsible for managing City E-mail and City E-mail systems used by them in accordance with this policy and should regularly review their mailboxes or folders that contain City E-mails and delete City E-mails that are not required to be kept by law or this policy. March 16, 2023