Resolution - 2018 - 18-31 - Authorizing Destruction Of Public Records - 10/09/2018RESOLUTION NO. 18-31
AUTHORIZING DESTRUCTION OF PUBLIC RECORDS
WHEREAS, Idaho Code 50-907, and 50-908 provides that the City Council may authorize the
destruction of public records no longer required by law or for city business; and
WHEREAS, On the 12th day of February 2002, the City Council did approve Resolution No. 02-
04 which sets forth a policy on keeping, storing and destroying of City records, proceedings and
documents; and
WHEREAS, Idaho Code 50-907(6)(c) states: "A record retained by the city in any form or
medium permitted under this section shall be deemed an original public record for all purposes".
(The City of Eagle uses Laserfiche for records retention); and
WHEREAS, Idaho Code 50-907(6)(e)(i) states: "Once a permanent record is retained in a
nonpaper medium as authorized by this section the original paper document shall be considered a
copy of the record and may be destroyed after compliance with the provisions of this
subparagraph. Prior to destruction of original paper documents, the City Clerk will provide
written notice, either by electronic or physical delivery, including a detailed list of the documents
proposed for destruction to the Idaho State Historical Society. The Idaho State Historical
Society will have thirty (30) days after receipt of the notice to review the list and respond in
writing, either by electronic or physical delivery, to the City Clerk identifying any documents
that will be requested to be transferred from the City to Idaho State Historical Society for
retention in the permanent records repository. Any documents that will not be transferred for
retention in the permanent records repository may be destroyed. If the City Clerk receives no
written response within thirty (30) days after the notice was received by the Idaho State
Historical Society, then the records proposed for destruction may be destroyed"; and
WHEREAS, Idaho Code 50-907(6)(d)(i) states: "Once a Semi -Permanent or Temporary record is
retained in a nonpaper medium as authorized by this section the original paper document shall be
considered a duplicate of the record and may be summarily disposed of or returned to the
sender". Semi-permanent records may be destroyed by Resolution of the City Council and
upon the advice of the City Attorney and shall list in detail records to be destroyed.
WHEREAS, Transitory Records are not defined in Idaho Code 50-907. Transitory Records are
records of short-lived utility and are records of temporary usefulness in any format or medium,
created or received by the City in carrying out its daily activities, having no ongoing value
beyond an immediate and minor transaction or the preparation of a subsequent record.
Transitory Records are in such short-lived utility that they are not required to meet legal or fiscal
obligations, initiate, sustain, evaluate or provide evidence of decision-making, administrative or
operational activities.
WHEREAS, Idaho Code 50-908(1) states: "The city clerk shall serve as the municipal records
manager in each city". The City Clerk of the City of Eagle, Idaho is requesting that certain
public records be authorized for destruction in order to dispose of them.
J:\Clerks\Records\DESTRUCTION OF RECORDS\Res 18-31 Destruction of Records.doc
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagle, Idaho, as
follows:
1. That the following permanent, semi-permanent, temporary and transitory public records shall
be destroyed by shredding under the supervision of the City Clerk in accordance with Resolution
No. 02-04 and Idaho Code 50-907 and 50-908:
SEE ATTACHED SCHEDULE
2. The administrative staff of the City, under the supervision of the City Clerk, is authorized to
take all necessary steps to carry out the authorization provided by this Resolution.
Dated this q f day of October 2018.
CITY OF EAGLE
STAN RIDGEWAY
MAYOR
ATTEST:
SHARON K. BERGMANN
CITY CLERK/TREASURER
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ATTORNEY CERTIFICATION
As city attorney for and legal advisor to the City of Eagle, Idaho, I hereby certify that I have
reviewed the foregoing Resolution No. 18-31 of the City of Eagle and that the same is in
accordance with -ction 50-907 and 50-908, Idaho Code.
Datedy4iis day of October 2018.
ity Attorney
7/7
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J \Clerks\Records\DESTRUCTION OF RECORDS\Res 418-31 Destruction of Records\Res 18-31 Destruction of Records.doc
Sharon Bergmann
From: Ellen Smith
Sent: Thursday, September 20, 2018 11:08 AM
To: Sharon Bergmann
Subject: FW: 3 resolutions for destruction of records
Attachments: 3 resolutions for destruction of records
FYI
Ellen Smith
Records Management- Information Specialist
City of Eagle
660 E. Civic Ln.
Eagle, ID 83616
208-489-8792 - Direct line
208-939-6827 - Fax
From: Alan Butcher <Alan.Butcher@ishs.idaho.gov>
Sent: Thursday, September 20, 2018 10:18 AM
To: Ellen Smith <esmith@cityofeagle.org>
Cc: Jim Riley <Jim.Riley@ishs.idaho.gov>; David Matte <David.Matte@ishs.idaho.gov>
Subject: RE: 3 resolutions for destruction of records
Hi Ellen,
Thank y ,, t!t, nutiiication, the Idaho State Archives does not have an interest in obtaining the records listed in your
attachn! !t! `,O! U I ION NO 18-31 1-7
We rin .•.,, -owl » c.i permanent paper records listed in resolutions 18-33 and 18-36. I just had a couple of quick
questtow.
Do you records are listed in resolution 18-36, is it just single page city proclamations?
you know th - volume of the records listed in resolution 18-33, about how many boxes?
Maybe Jim and I can come out and look at them for transfer to the archives?
Thanks again!
Alan Butcher
Government Records Archivist
(208) 514-2314
Idaho State Archives
2205 Old Penitentiary Rd.
1
RECORDS DESTRUCTION SCHEDULE
1973 Idaho State Social Security Agreement
1990 Automotive Inspection Program
1991 Library - Extension Agreement for Library Services
1996 ITD Hwy 55
1996 Jensen -Belts Professional Services
1997 Sterling Codifiers
1997 Kestral Development - Settlement and Release
1997 Echo Creek Subdivision Statement of Understanding
1998 Rename State Street
1998 Affidavit of Publication - Financial Services
1998 Agreement for Legal Services
1999 Treasurer Valley Infrastructure Vision
2001 Parking Agreement
2002 Non -Build Agreement
2003 Signs/Directional
2003 Summeral Productions
2004 Birdsall Contract for Professional Services
2004 NEC Elite IPK - Purchase of telephone system
2004 Intergovernmental Agreement - Transportation Plan
2005 Eagle Library LYNX Agreement
2005 Library - Board Appointment Files 2005/2015
2005 TV Clean Cities Coalition Program Plan - Draft
2005 Amendment to Ringo Ridge Subdivision Agreement
2007 Eagle Rib Shack Mutual Release Agreement
2007 Neighborhood Reinvestment
2007 Library - Miscellaneous Information
2008 Mercer Group Comp/Class Study
2008 Communication Task Force surveys
2009 Library Open Access Agreement - 2003/2009
2009 Notice of Personal Services Contracts
2010 Motor Vehicle Inspection & Mtnc Agreement
2010 BMI Music Performance Agreement
2010 Ada County Sheriffs Joint Powers Agree 2010/2011
2011 Joint Powers Agreement St. Naming & Numbering
2011 Bureau of Land Management MOU
2011 Albertson's Termination of Restrictive Covenant
2011 Eagle Sr. Center Van Use Agreement
2011 Computer Arts Service Agreements 2011-2014
2011 Agreement for Legal Services
2011 Humane Society Reports 2011 - 5/2015
2012 EZ Street
2012 Street Naming and Numbering
2012 MOU Orthophotography Project
2013 Integra Agreement - Telephone service 2/2013
2014 Public Records Requests
J:\Clerks\Records\DESTRUCTION OF RECORDS\Res 18-31 Destruction of Records.doc
2014 Tradewinds Agreement of Indemnification
2015 Miscellaneous Engineering Reports
2015 Vulcrum Exp, LLC Service Agreement 8/25/15
2015 Charter School Fund - License Agreement
2015 Caselle -Maintenance Agreement
2015 Public Records Requests
J:IClerks\Records\DESTRUCTION OF RECORDS\Res 18-31 De stnection of Records.doc