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Staff revises Ethics Commission records-retention policy, adds electronic-records guidance
Summary
Staff presented an updated records-retention policy including explicit treatment of electronic communications, litigation holds, disaster-recovery records and staff discretion to retain notable items; the Controller's Office recommended long contract retention periods (term + 20 years) and training and technological migration plans were discussed.
Commission staff presented a revised records-retention and destruction schedule for the Ethics Commission. Key changes incorporated city attorney and Controller's Office feedback and include: treating certain electronic communications as public records to be retained unless they do not qualify as public records; a paragraph on disaster and cost-recovery records; clarity that staff are not required to search systemwide backup tapes once deleted from commission systems; and a litigation-hold process ensuring preservation of relevant records for pending claims.
At David Pilpel’s suggestion, staff added a discretionary category allowing retention of documents judged noteworthy even if they do not otherwise fit a retention bucket, and alphabetized Part 2 of the schedule to make it easier to use. Staff also explained retention windows: training and Sunshine Ordinance certifications will be kept for eight years (a historical practice formalized in the draft); calendars for high-level staff will be retained for two years; and contract and memorandum-of-understanding records follow Controller's Office guidance of term plus 20 years.
Commissioners asked clarifying questions about the definition of 'historical records', the practical impact of not retaining certain calendars, and whether reliance on Controller guidance for long retention periods is appropriate. Staff said the policy does not require permanent retention in every case but does create consistent categories and a technological plan to tag documents so scheduled deletion can be automated during a cloud migration project.
No formal action was required for the policy; staff said the document will be distributed in final form after required signoffs and incorporated into staff training.
