HomeMy WebLinkAboutResolution No. 2008-39COUNTY COUNCIL COUNTY OF KAUAI 39 RESOLUTION AMENDING RESOLUTION NO. 49 (1986),AS AMENDED BY RESOLUTION NO. 12-91 (1991),RELATING TO RECORDS DISPOSAL POLICY BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KALTA`I, STATE OF HAWAII:SECTION 1. The purpose of this Resolution is to amend the County's Records Disposal Policy, to implement the requirements set forth in Act 177, Section Laws of Hawaii 2005.SECTION 2. Resolution No. 49 (1986), as amended by Resolution No. 12-91 (1991), is hereby amended as follows:RESOLUTION ESTABLISHING RECORDS DISPOSAL POLICY SECTION 1. Records Disposal [Committee.]A. There is established a committee to be designated the Records Disposal Committee of the County of Kauai comprised of the Chair of the financial committee of the County Council (representing members of the financial committee), the Director of Finance, the Manager and Chief Engineer of the Department of Water, the County Clerk, the County Attorney, the Chief of Police, and the Prosecuting Attorney, or their authorized representatives.]B. The Committee shall be chaired by the Chair of the financial committee of the County Council.] Pursuant to Section 46-43, Hawaii Revised Statutes, the [Committee] Director of Finance, with the approval of the County Council and the County Attorneys shall approve the disposal of county records the retention of which is no longer necessary, including but not limited to the disposal of:1. All warrants of the County that have- been paid and that bear any date ten years prior to the date of destruction• and 2. All bonds and interest coupons of the County that have been canceled or paid and that bear any date two years prior to
C. Asub-committee consisting of the Prosecuting Attorney and the Chief of Police, or their authorized representatives, shall approve the disposal of confidential law enforcement records, pursuant to the policies and procedures established Herein.]SECTION 2. Seven Year Minimum Retention Period.A. The various departments shall retain in their files all government records for a minimum period of seven years. The seven years shall commence as of the date of the .record or the date of performance set forth in the record, whichever 'is later. The term government record shall have the definition established in Section 92F-3, Hawaii Revised Statutes, and shall mean information maintained by an agency in written, auditory, visual, electronic, or other physical form.B. Exception; Shorter Than Seven Year Retention.1. Any copy of a government record the original of which is on file with either the Clerk's Office, the Fifth Circuit Court, or the Bureau of Conveyances `may be destroyed after retention of the copy for a minimum period of two years. The department concerned shall verify such official ,recordation before applying for disposal of the copy.2. The [Committee]- .Director of Finance may categorize the various types of government records and recommend to the County Council an amendment to .this Resolution to establish a lesser minimum period of retention for -each category of records.C. Exception; Longer Than Seven Year Retention.1. The minimum period of retention established in this Resolution shall have no effect on government records that are required to be retained permanently by law or by County Council action.2. The [Committee] Director of Finance may categorize the various types of government records and is authorized to establish a period of retention for .each category over and beyond. the .minimum period set in this ..Resolution. The [Committee] Director of Finance shall give due consideration to the retention of any government record that may be of cultural, historical, or statistical value to the County, or for which there may be a recurring need to refer to such government record for information..SECTION 3. Application and Disposal Procedures.