HomeMy WebLinkAboutResolution No. 2021-48COUNTY COUNCIL
COUNTY OF KAUA'I
l\,esolution No. 2021-48
RESOLUTION AMENDING RESOLUTION NO. 49 (1986),
AS AMENDED BY RESOLUTION NO. 12-91 (1991) AND
RESOLUTION NO. 2008-39 (2008),
RELATING TO RECORDS DISPOSAL POLICY
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE
OF HAWAI'I:
SECTION 1. The purpose of this Resolution is to amend the County's
Records Disposal Policy to permit the disposal of Section 8 Tenant-Based Assistance
program records, the retention of which is governed by federal law.
SECTION 2. Resolution No. 49 (1986), as amended by Resolution
No. 12-91 (1991) and Resolution No. 2008-39 (2008), is hereby amended as follows:
"RESOLUTION ESTABLISHING RECORDS DISPOSAL POLICY
SECTION 1. Records Disposal.
Pursuant to Section 46-43, Hawai'i Revised Statutes, the Director
of Finance, with the approval of the County Council and the County
Attorney, 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 the date of destruction.
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, Hawai'i Revised Statutes, and shall mean information
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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 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.
Q,. Any government record relating to the Section 8
Tenant-Based Assistance program may be destroyed once it has
been retained for at least three years as required by the United
States Department of Housing and Urban Development or as
otherwise required by law.
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 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 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.
A. Each department that desires to destroy government
records shall submit an itemized list of records with a short description
of each item, or if each item is not of individual interest, by category,
sufficient to indicate the nature of the document. An application form
is attached hereto and may be modified by the Director of Finance.
B. The Director of Finance shall examine each request and if
destruction is justified, the Director of Finance, with the approval of the
County Council and the County Attorney, shall approve the request. No
department shall destroy any record that has not been approved by the
Director of Finance.
C. If necessary, the Director of Finance may request the
applicant to appear with the government records and justify the request.
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SECTION 4. The Director of Finance is authorized to
establish such other policies and procedures necessary to carry out the
purposes of this Resolution.
SECTION 5. Copies of this Resolution shall be distributed
to all Kaua'i County departments, offices, and agencies.
SECTION 6.
approval."
This Resolution shall take effect upon its
SECTION 3. Material to be deleted is bracketed. New material to be
added is underscored. The County Clerk may reprint this Resolution without the
brackets, bracketed material, or underlining.
SECTION 4. The Application and Authorization Form attached to
Resolution No. 49 (1986), as amended, is hereby amended in its entirety as shown on
the attachment.
SECTION 5. This Resolution shall take effect upon its approval.
Introduced bO;vif ~
ARRYL KANESHIRO
(By Request)
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QCertffitatt @f !lboption
We berehp certifp tbat lB..esolution ~o. 2021-48
was abopteb hp tbe QC:ouncil of tbe ([ountp of 11taua'i, ~tate of
r&,altlai'i, J!.Ibu'e, 11taua'i, r&)altlai'i, on December 1, 2021 .
~ateb December 1, 2021
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COUNTY OF K.AUA'I
RECORDS DISPOSAL
APPLICATION AND AUTHORIZATION FOR
GOVERNMENT RECORDS
DESTRUCTION OF
In accordance with Section 46-43, H.R.S., and Resolution No. 49-86 (1986), as amended,
authorization is requested for destruction of the following government records for the
following reason(s):
[ ] Kept for over seven years and are no longer of use or value.
[ ] Kept for over two years and original verified to be on file with
[ ] Other _____________________ _
[ ] Warrants of the County that have been paid and that bear any date
over ten years.
[ ] Bonds and interest coupons that have been canceled or paid and bear
any date over two years.
GOVERNMENT RECORD
Department Date
DESCRIPTION DATE OF RECORD OR
DATE OF PERFORMANCE
Signature of Department Head
This is to certify that the foregoing government records have been on file or have been
kept for the requisite period and are no longer of use or value; and said department is
hereby ordered and directed to destroy the same.
Checked and Authorization
Approved:
By __________ ~-
County Attorney Director of Finance
Date: -----------County Council Chair