REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution Approving and Adopting the Updated Records Retention Schedule for All City Departments
Report
BACKGROUND
The current Citywide Records Retention Schedule (“Schedule”) was adopted by the City Council on August 28, 2012, under Resolution 12-7965. The Schedule was divided into City-wide and department-specific schedules that defined the requirements for categorization of records and the respective retention periods for those categories.
The Records Retention Schedule provides a description of the type of records each department maintains, indicates which department is the office of record for files retained, and states the length of time the records will be held, any statutory guidelines related to maintaining records, and the final disposition of the records, if any.
The Schedule is administered by the City Clerk’s Office and ensures the protection and efficient administration of the official records for the City of Santa Clara. This program assures the accessibility of information to the public, protects the City’s vital records, and provides a methodology for the periodic disposal of obsolete records. The Schedule must be compliant with various state laws, in alignment with industry best practices, cost effective, structured to appropriately preserve vital and historical City records, and be “user-friendly” for City staff. Since the time of adoption in 2012, technology and legislative changes have not been incorporated into the Schedule. Legislative guidelines continue to be followed, and the Schedule requires updates to reflect current practice.
Approval of the proposed new Resolution will rescind the 2012 Resolution 12-7965 as well as the separate Records Retention Schedule specifically for the Police Department dated June 24, 2025 (25-9459), and serves to provide the City with up-to-date requirements and rules for managing the records of all City departments combined (including the Police Department).
DISCUSSION
In 1968, the California State Legislature adopted the California Public Records Act (“CPRA”) which requires the inspection or disclosure of governmental records to the public upon request, unless exempted by law. This law did not provide a distinction between what is a record and what is not a record. In addition, CPRA did not tell the City how long each record, once defined, had to be retained. Absent a clear definition and clear rules for retaining records, the City has prepared for the Council’s consideration the formal documents that define what a record is for the City and how long those records are to be retained.
The proposed Records and Information Management Policy clearly defines what a record is for the City of Santa Clara and the rules the City will follow in managing both its records and general information. The Records Retention Schedule identifies what types of records the City creates and/or receives in the normal course of doing business and how long these record types will be retained by the City.
The Records Retention Schedule was created in collaboration with each department and each department has had the opportunity to review and edit the document to meet the department’s business needs. The Records Retention Schedule has also been reviewed by the City Attorney’s Office to ensure compliance with all pertaining federal and state laws and requirements.
In March 2025, the City contracted a professional services agreement with Kaizen InfoSource LLC (Kaizen), to prepare a new Records and Information Management Policy and a new Records Retention Schedule for the City Of Santa Clara. Kaizen met with each department and the City Attorney’s Office to obtain the requirements and needs for each department.
Kaizen had previously worked with the Police Department to identify their records and how long each category of record should be retained. The Police Department Records Retention Schedule was adopted by Council on June 24, 2025. The Police Department category of records has now been included in this newer version for adoption so that the City has one Records Retention Schedule for the entire City.
As required under the Brown Act and CPRA, there is a need to have a Records Management Program that is compliant, professional, cost effective, preserves vital and historical City records, and guarantees its citizens access to public records of the City. The City of Santa Clara needs a modern Records Retention Schedule, as well as a Records and Information Management Policy that will support City in managing its records. These new governance documents will not only increase government transparency but will also minimize legal risk to the City.
Departments may, for operational necessity, establish an internal guideline allowing retention of a particular type of document for a longer period of time, but may not shorten retention period.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
FISCAL IMPACT
Adoption of the Citywide Retention Schedule has no fiscal impact.
COORDINATION
The report was coordinated with the City Clerk’s Office, Citywide Departments, and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution approving a new Citywide Records Retention Schedule including the Santa Clara Police Department and Rescind Resolutions 25-9459 (adopting a Records Retention Schedule for the Santa Clara Police Department) and 12-7965 (Old Citywide and Departmental Retention Schedule).
Staff
Prepared by: Nora Pimentel, Assistant City Clerk
Reviewed by: Sujata Reuter, Assistant City Attorney
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Citywide Records Retention Schedule
2. Records and Information Management Policy
3. Resolution