(a) For purposes of this section, “record” means any record consisting of a “writing,” as defined by Section 7920.545.
(b) The legislative body of a district may destroy or dispose of any record that is not expressly required by law to be filed and preserved through either of the following procedures:
(1) The legislative body may authorize the destruction or disposition of any category of records if it does both of the following:
(A) Adopts a resolution finding that destruction or disposition of this category of records will not adversely affect any interest of the district or of the public.
(B) Maintains a list, by category, of the types of records destroyed or disposed of that reasonably identifies the information contained in the records in each category.
(2) The legislative body may, by resolution, adopt and comply with a record retention schedule that complies with guidelines provided by the Secretary of State pursuant to Section 12236, that classifies all of the district’s records by category, and that establishes a standard protocol for destruction or disposition of records.
(c) A district is not required to photograph, reproduce, microfilm, or make a copy of any record that is destroyed or disposed of pursuant to this section.
(d) Notwithstanding any other provision of this section or other provision of law, a district may not destroy or dispose of any record that is any of the following:
(1) Relates to formation, change of organization, or reorganization of the district.
(2) An ordinance adopted by the district. However, an ordinance that has been repealed or is otherwise invalid or unenforceable may be destroyed or disposed of pursuant to this section five years after it was repealed or became invalid or unenforceable.
(3) Minutes of any meeting of the legislative body of the district.
(4) Relates to any pending claim or litigation or any settlement or other disposition of litigation within the past two years.
(5) Is the subject of any pending request made pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), whether or not the district maintains that the record is exempt from disclosure, until the request has been granted or two years have elapsed since the district provided written notice to the requester that the request has been denied.
(6) Relates to any pending construction that the district has not accepted or as to which a stop notice claim legally may be presented.
(7) Relates to any nondischarged debt of the district.
(8) Relates to the title to real property in which the district has an interest.
(9) Relates to any nondischarged contract to which the district is a party.
(10) Has not fulfilled the administrative, fiscal, or legal purpose for which it was created or received.
(11) Is an unaccepted bid or proposal, which is less than two years old, for the construction or installation of any building, structure, or other public work.
(12) Specifies the amount of compensation paid to district employees or officers or to independent contractors providing personal or professional services to the district, or relates to expense reimbursement to district officers or employees or to the use of district paid credit cards or any travel compensation mechanism. However, a record described in this paragraph may be destroyed or disposed of pursuant to this section seven years after the date of payment.
(Amended by Stats. 2021, Ch. 615, Sec. 209. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)