REDWOODS COMMUNITY COLLEGE DISTRICT Administrative Procedure New AP 3310 RECORDS RETENTION AND DESTRUCTION 1. 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. “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. 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. 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 1Permanent record. It shall be retained indefinitely, unless copied or reproduced, as appropriate. The following annual reports, official actions, student records, and property records: 4.1. Official budget; 4.2. Financial report of all funds, including cafeteria and student body funds; 4.3. Audit of all funds; 4.4. Full-time equivalent student, including Class 1 and Class 2 reports; 4.5. 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; 4.6. 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; 4.7. 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; 4.8. Records transmitted by another agency that pertain to that agency's action with respect to district reorganization; 4.9. 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; 4.10. 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; 4.11. 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; 4.12. 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. 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 3-Disposable. 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 2-Optional, pending further review and classification within one year. 5.1. 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. 5.2. 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. 5.3. 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 subject to the following process: 5.3.1. 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. 5.3.2. 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. 5.3.3. 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. 6. 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. 7. 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. 7.1. The following documents, listed under Section 59020(b), are not records and may be destroyed at any time: 7.2. Additional copies of documents beyond the original or one copy. (A person receiving a duplicated copy need not retain it.) 7.3. Correspondence between District employees that does not pertain to personnel matters or constitute a student record. 7.4. Advertisements and other sales material received. 7.5. Textbooks used for instruction, and other instructional materials, including library books, pamphlets, and magazines. 8. Transfer of Records - Student Records Whenever a student transfers to another postsecondary 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. 9. Destruction is by any method that assures the record is permanently destroyed, e.g. shredding, burning, and pulping. Approved by Board of Trustees: New