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HomeMy WebLinkAbout03 - Destruction of Records - Measure S & Measure T Initiative PetitionsAgenda Item No. 3 October 9, 2001 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK TO: Honorable Mayor and Members of City Council FROM: LaVonne M. Harkless, City Clerk SUBJECT: RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS OF THE CITY CLERK'S OFFICE AS PROVIDED BY SECTION 17200 OF THE ELECTION CODE OF THE STATE OF CALIFORNIA RECOMMENDATION Adopt Resolution No. 2001 -_ authorizing the destruction of initiative petitions for Measure S and Measure T. BACKGROUND Section 17200 of the Election Code provides a procedure whereby initiative petitions shall be preserved until eight months after the certification of the results of the election for which the petition was qualified, and thereafter the petitions shall be destroyed as soon as practicable unless the petitions are evidence in some pending action or proceeding. The election for which the initiative petitions for Measure S and Measure T were qualified was certified on December 12, 2000. The eight -month retention period has passed and there are no pending actions or proceedings involving the subject documents, therefore the petitions can now be destroyed. LaVonne M. Harkless, CMC /AAE City Clerk Att: Resolution RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS OF THE CITY CLERK'S OFFICE AS PROVIDED BY SECTION 17200 OF THE ELECTION CODE OF THE STATE OF CALIFORNIA WHEREAS, the City Clerk's office is currently storing initiative petitions for Measure S and Measure T, which both qualified for the November 7, 2000 election; and WHEREAS, Section 17200 of the Election Code of the State of California provides a procedure whereby initiative petitions shall be preserved until eight months after the certification of the results of the election for which the petition was qualified and thereafter shall be destroyed as soon as practicable unless the petitions are evidence in some pending action or proceeding; and WHEREAS, the election for which the petitions were qualified was certified on December 12, 2000 and there is no pending actions or proceedings involving the subject documents; and WHEREAS, the City Attorney has provided written consent to the destruction of the records described. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. The City Clerk is authorized to destroy initiative petitions for Measure S and Measure T, which are over eight months old, as provided for by Section 17200 of the Election Code; and law. 2. The destruction of these records shall be done in accordance with the ADOPTED this 9th day of October 2001. MAYOR ATTEST: CITY CLERK