Report to: General Committee                                                           Report Date: 2007-08-01

 

 

SUBJECT:                          Records Retention

PREPARED BY:               Sheila Birrell, Town Clerk, Extension 4729

 

 

 

RECOMMENDATION:

That By-Law 2001-101, “A By-Law Establishing Schedules of Retention Periods for all Records Kept by the Town of Markham” be amended to delete reference to Councillor records;

 

And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

 

 

EXECUTIVE SUMMARY:

Not applicable

 

 

1. Purpose                     2. Background                      3. Discussion                        4. Financial        

 

5. Others (Environmental, Accessibility, Engage 21st, Affected Units)             6. Attachment(s)

 

 

PURPOSE:

To facilitate a decision being made relating to the retention and disposition of Councillor records.

 

 

BACKGROUND:

A question arose at CCC regarding the ownership, retention, and disposition of both the Mayor’s and Councillors’ files.  The Town’s Retention By-Law provides retention periods for,  and ultimate disposition of the Mayor’s records but not the Councillors.

 

 

 

OPTIONS/ DISCUSSION:

Other municipalities were contacted with a view to determining how the elected officials’ records are handled.  All eight that responded advise the Mayor’s records are considered corporate records and included in their Retention By-Laws.  The Town of Richmond Hill advises they have two categories of Councillor records: (1) private which are kept in the Councillors’ offices and do not form part of the Town’s official record; and (2) Town corporate records which are subject to MFIPPA requests.  These files are maintained in the General Office area and governed by their Records Retention By-Law.  The other seven municipalities, including the City of London, Town of Oakville, City of Oshawa, and the City of Vaughan do not consider Councillor records to be City municipal records.

 

 

OPTIONS/DISCUSSION:  (cont’d.)

Staff believe that personal papers and constituency records of Councillors should not be considered an official civic record and therefore should remain the property of the

Councillor.   The Mayor’s records, because of his role, should be considered corporate records and included in the Retention By-Law. 

 

Members of Council and staff should be aware, in disposing of their records, that legal advice and in camera matters are not for public scrutiny.  Staff are encouraged to set up their categories of e-mails in the same manner as the records listed in the Retention By-Law.  That will assist them in ensuring they are complying with the Retention By-Law.

 

Staff is recommending an amendment to the Records Retention By-Law to delete any references to Councillor records.   IT Staff will then be authorized to implement the amendment to the by-law for electronic records belonging to previously elected Councillors whose term of office has ended.

 

 

 

FINANCIAL CONSIDERATIONS AND TEMPLATE: (external link)

Not applicable

 

ENVIRONMENTAL CONSIDERATIONS:

Not applicable

 

ACCESSIBILITY CONSIDERATIONS:

Not applicable

 

ENGAGE 21ST CONSIDERATIONS:

Not applicable

 

BUSINESS UNITS CONSULTED AND AFFECTED:

The Mayor’s Office was consulted.

 

 

RECOMMENDED BY:

 

 

 

                                      ________________________          ________________________

                                      Sheila Birrell                                       Andy Taylor

                                      Town Clerk                                        Commissioner

                                                                                                Corporate Services

 

ATTACHMENTS:

N/A