2011040402 - Access and Retention of Video Recorded Media of Council MeetingsMEETING DATE: 4/4/11
ITEM NO: ')
COUNCIL AGENDA REPORT
DATE: March 16, 2011
TO: MAYOR AND TOWN COUNCIL
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: RESCIND COUNCIL POLICY I: ACCESS AND RETENTION OF VIDEO
RECORDED MEDIA OF COUNCIL MEETINGS
RECOMMENDATION:
Rescind Council Policy I: Access and Retention of Video Recorded Media of Council meetings.
BACKGROUND:
All governmental agencies have public records that must be kept or destroyed by law under an
approved record retention schedule. California Government Code section 34090 requires the
retention of most public records for a minimum of two years. Cities may allow the destruction of
public records thereafter according to a record retention schedule.
In April 2009, Council approved a new Records Retention Schedule for the Town organization..
This new Records Retention Schedule was the result of a lengthy and complete review of the
Town's records retention policies and practices. It provides clear, specific records descriptions
and retention periods, and applies current law, technology, and best practices to the management
of the Town's records.
DISCUSSION:
The new Clerk Programs team has been taking on a number of projects to update and streamline
the work performed in their area. This team includes the staff of the Community Services
Department and Clerk Program, under the leadership of the Community Services Director. One
of the first projects to be completed was to develop a workable solution to the issue of retaining
video recordings of Council meetings appropriately and in line with Town policy, and taking into
account the feedback Council provided to staff last year. During work on this project, it was
found that in addition to the Records Retention Schedule, there is also a Council Policy on the
retention of Council meeting recordings (Council Policy I: Access and Retention of Video
Recorded Media of Council Meetings). This Council Policy, adopted in 2003, conflicts with the
more recently -adopted Records Retention Schedule. In addition, the majority of its provisions
are covered in other, more recent, documen s.
PREPARED BY:
Regina A. Fri
Communit
es Director
N:\CSD\TCRPTS\201 I TCRPTS\Council Video Policy.docx
Reviewed by: `'-;°?) Assistant Town Manager Town Attorney
Clerk Administrator Finance Community Development
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: Access and Retention of Video Recorded Media of Council Meetings
March 16, 2011
Council Policy I includes four key provisions, as follow:
1. The Clerk Department must keep a videotape copy of each meeting for at least 5
years. This provision has been superseded by the Town's Retention Policy, which
requires copies to be kept permanently.
2. The Library must keep a videotape copy of each meeting for 180 days, available for
check-out by the public. This provision is not addressed by another Town document. It is
an internal Library policy.
3. KCAT will provide 2 videotape copies of each meeting to the Town. This is addressed in
the current agreement between the Town and KCAT, section 3.11, which reads: "KCAT
will provide to the Town at no cost, two (2) recordings of all meetings covered by this
Agreement on broadcast quality DVD discs, capable of being copied and/or reproduced
by Town. Recordings of meetings shall be given to the Town for its records." One of
these discs is provided to the Library for public viewing. The second is retained by the
Clerk's Office as part of the Town's permanent records.
4. Additional copies of meetings will be provided by KCAT to the public for cr fee on
request. This is addressed in the KCAT agreement, section 3.12, which
reads: "...KCAT shall provide copies of Town meetings to any individual, group,
agency, or organization requesting same on DVD discs within five (5) days of the request
and for the reproduction cost authorized by the California Public Records Act (KCAT's
actual cost), not to exceed $10.00 per disc."
CONCLUSION:
Staff recommends that Council rescind its Council Policy I: Access and Retention of Video
Recorded Media of Council Meetings due to the conflicts with the Council -adopted retention
schedule and the outdated technology references.
ENVIRONMENTAL ASSESSMENT:
The recommended action is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
The recommended action will have no fiscal impact.
Attachments:
1. Council Policy I, Access and Retention of Video Recorded Media of Council Meetings
Distribution:
Linda Dydo, Interim Library Director
Attachment 1
COUNCIL POLICY
TOWN OF LOS GATOS
Subject:
Access . d Retention of Video Recorded
Media . Council Meetings
Approve. :
PURPOSE
Page: Section Number °r
Effective Date: 4/7/2003 Revised Date:
To establish the process by which the public and staff may obtain video recorded media and
maintain copies of Council, Board. Commission, and/or any other public meetings, and to set the
retention policy with regard to videotapes or electronically stored video copies retained by the
Town.
SCOPE
This policy applies to videotapes, DVDs, or any other means of electronic video recordings
made in the process of televising or videotaping Council, Board, Commission, and/or any other
public meeting.
POLICY
According to Section 34090.7 of the California Public Records Act, videotapes and other film
medium shall be considered duplicate records if a city or county keeps another record, such as
written minutes or an audio recording of the same event. A duplicate record, such as videotape
of a public meeting must be kept for a minimum of ninety (90) days after the event.
Although the Town's official record is considered to be the written minutes of any public
meeting. it is shall be the policy of the Town Council to require the Town Clerk's Office to
retain one (1) master videotape copy of televised public meetings for a maximum of five (5)
years after which it shall be scheduled for destruction.
In addition, it shall be the policy of the Town Council to make videotape copies of televised
public meetings available at the Town Library for public check out for a maximum of one -
hundred and eighty (180) days. After one -hundred and eighty (180) days, the videotapes will be
pulled from the library shelves.
Copies of previously broadcast public meetings shall be provided by the Town's cablecasting
service provider for a nominal charge upon request.
PROCEDURES
The Town's cablecast service provider will furnish the Town with at least two (2) copies of each
videotaped meeting. The Town Clerk's Office shall retain one (1) master videotape copy of'
televised public meetings for a maximum period • of five (5) years after which it shall be
scheduled for destruction.
The Library shall make the video recordings available for a period of one -hundred and eighty
(180) days, after which time they shall be reused, recycled, or destroyed. The Library shall
maintain a log of receipt and disposition of the media, and present this log to the Town Clerk's
Office at the end of each fiscal year.
Public requests for video copies .of televised public meetings may be obtained through the
Town's cablecast service provider. Charges for copies will be determined by the provider.
APPROVED AS TO FORM:
C—K")
j-'Town Attorney