REDWOODS COMMUNITY COLLEGE DISTRICT
Administrative Procedure
AP 3310
RECORDS RETENTION AND DESTRUCTION
1.0
The President/Superintendent delegates authority to supervise the classification and
destruction of records and electronically stored information (ESI) to the Chief Business
Officer. Redwoods Community College District (District) must preserve ESI that is
relevant to actual or potential litigation pursuant to the Federal Rules of Civil Procedure.
The District shall comply with the Federal Rules of Civil Procedure and produce relevant
ESI in the form in which it is ordinarily maintained or readily usable. An annual report
shall be made to the Board of Trustees regarding the classification and destruction of
records and ESI.
2.0
“Records” means all records, maps, books, papers, data processing output, and
documents of the District required by Title 5 to be retained, including but not limited to
records created originally by computer and ESI, as that term is defined by the Federal
Rules of Civil Procedure. Records shall be classified as required by Title 5 and other
applicable statutes, federal and state regulations. District records also include student
records.
3.0
Records shall annually be reviewed to determine whether they should be classified as
Class 1 – Permanent, Class 2 – Optional, or Class 3 – Disposable (as defined in Title 5).
4.1
Class 1-Permanent Records
The original of each record listed below, or one exact copy when the original is required
by law to be filed with another agency, is a Class 1-Permanent record. It shall be retained
indefinitely, unless copied or reproduced, as appropriate, and includes the following
annual reports, official actions, student records, and property records:
4.2
Official budget;
4.3
Financial report of all funds, including cafeteria and student body funds;
4.4
Audit of all funds;
4.5
Full-time equivalent student, including Class 1 and Class 2 reports;
4.6
Other major annual reports, including: those containing information relating to
property, activities, financial condition, or transactions; and those declared by
board minutes to be permanent;
4.7
Minutes of the Board or committee thereof, including the text of a rule,
regulation, policy, or resolution not set forth verbatim in minutes but included
therein by reference only;
4.8
Elections, including the call, if any, for and the result (but not including detail
documents, such as ballots) of an election called, conducted, or canvassed by the
governing board for a board member, the board member's recall, issuance of
bonds, incurring any long-term liability, change in maximum tax rates,
reorganizations, or any other purpose;
4.9
Records transmitted by another agency that pertain to that agency's action with
respect to district reorganization;
4.10
The following personnel records: All detail records relating to employment,
assignment, employee evaluations, amount, and dates of service rendered,
termination or dismissal of an employee in any position, sick leave record, rate of
compensation, salaries or wages paid, deduction or withholdings made, and the
person or agency to whom such amounts were paid. In lieu of the detail records, a
complete proven summary payroll record for each employee of the school district
containing the same data may be classified as Class 1-Permanent, and the detail
records may then be classified as Class 3-Disposable;
4.11
The records of enrollment and scholarship for each student. Such records of
enrollment and scholarship may include but need not be limited to: name of
student, date of birth, place of birth, name and address of a parent having custody
or a guardian, if the student is a minor, entering and leaving date for each
academic year and for any summer session or other extra session, subjects taken
during each year, half year, summer session, or quarter; and if grades or credits
are given, the grades and number of credits toward graduation allowed for work
taken;
4.12
All records pertaining to any accident or injury involving a student for which a
claim for damages has been filed as required by law, including any policy of
liability insurance relating thereto, except that these records cease to be Class 1Permanent records, one year after the claim has been settled or after the applicable
statute of limitations has run;
4.13
All detail records relating to land, buildings, and equipment. In lieu of such detail
records, a complete property ledger may be classified as Class 1-Permanent, and
the detail records may then be classified as Class 3-Disposable, if the property
ledger includes: all fixed assets, an equipment inventory, and for each unit of
property, the date of acquisition or augmentation, the person from whom
acquired, an adequate description or identification, and the amount paid, and
comparable data if the unit is disposed of by sale, loss, or otherwise.
5.1
Class 2 - Optional Records
Any record worthy of further preservation but not classified as Class 1-Permanent, may
be classified as Class 2-Optional. It shall then be retained until reclassified as Class 3Disposable. If the Chief Business Officer, or designee determines that classification
should not be made annually, all records of the prior year may be classified as Class 2Optional, pending further review and classification within one year.
6.1
5.2
Purchase Orders, Written Contracts: Any purchase orders, contracts, or other
documents of this type should be retained for at least five years from the date last
performance become due. This is done because any contract in writing may be the
subject of a suit within four years after final performance of any act under the
contract becomes due.
5.3
Financial Records: Any records involving financial transactions for which a
public officer would become liable for malfeasance or misfeasance of duty should
be retained for a period of at least four years.
5.4
Email records: Electronic mail (email) includes any message sent or received
through or stored on the District’s email servers. Such emails may include, but are
not limited to, correspondence and attachments, calendar schedules, and forms
transmitted electronically. The District will retain emails and attachments in
inboxes, folders, outboxes, etc. on email servers for twenty-four (24) months after
emails have been received or sent. All emails and attachments remaining on email
servers longer than twenty-four (24) months will be deleted. subject to the
following process:
5.4.1
In early December, May, and August of each year, the Information
Technology Services department will send a reminder email to all District
email users reminding them to archive useful emails and reminding them
that emails over twenty-four (24) months are subject to being deleted from
District email servers.
5.4.2
Individuals may save copies of emails and attachments before the twentyfour (24) month period expires by transferring them to other electronic
environments and media and by copying them on paper.
5.4.3
In late June of each year, the Information Technology Services department
will delete emails over twenty-four (24) months old remaining on District
email servers.
Class 3 - Disposable Records
Disposable records shall be maintained for the period required by applicable law or
regulation, but in any event shall be retained for at least three college years after the year
in which they were originally created.
6.2
Retention and Destruction of Student Records
The retention and destruction of student records, where not otherwise specifically
provided for in the Education Code, shall be in accordance with regulations of the
Board of Governors that appear in the California Administrative Code.
The following documents, listed under Section 59020(b), are not records and may
be destroyed at any time:
7.0
6.2.1
Additional copies of documents beyond the original or one copy. (A
person receiving a duplicated copy need not retain it.)
6.2.2
Correspondence between District employees that does not pertain to
personnel matters or constitutes a student record.
6.2.3
Advertisements and other sales material received.
6.2.4
Textbooks used for instruction, and other instructional materials, including
library books, pamphlets, and magazines.
Transfer of Records - Student Records
Whenever a student transfers to another post-secondary education institution, appropriate
records or a copy may be transferred by the District. The student may be notified that
records will be transferred upon payment by the student of all fees and charges due. The
student shall be notified of the records transfer in accordance with the Education Code
and California Administrative Code requirements.
8.0
Destruction is by any method that assures the record is permanently destroyed, e.g.
shredding, burning, and pulping.
References:
Title 5 Sections 59020 et seq.;
Federal Rules of Civil Procedure, Rules 16, 26, 33, 34, 37, and 45
Approved: June 2, 2015