HomeMy WebLinkAbout2020-10-15; Clean Energy Alliance JPA; ; Resolution Adopting Clean Energy Alliance Records Retention ScheduleClean Energy Alliance
JOINT POWERS AUTHORITY
Staff Report
DATE: October 15, 2020
TO: Clean Energy Alliance Board of Directors
FROM: Gregory Stepanicich, General Counsel
ITEM 3: Resolution Adopting Clean Energy Alliance Records Retention Schedule
RECOMMENDATION:
Approve Resolution Adopting Clean Energy Alliance Records Retention Schedule.
BACKGROUND AND DISCUSSION:
The proposed Clean Energy Alliance (CEA) Records Retention Schedule (Schedule) establishes the length
of time documents are to be retained. The Schedule has been drafted to be compliant with state and
federal law, as well as industry best practices. The Schedule will be modified as necessary in the future
to accommodate changes in law, best practices and CEA activities.
FISCAL IMPACT
There is no fiscal impact by this action.
ATTACHMENTS:
Resolution Adopting Clean Energy Alliance Records Retention Schedule
DocuSign Envelope ID: 8A161F80-E856-4857-A944-3C163AD7E222
RESOLUTION NO. 2020-005
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CLEAN ENERGY ALLIANCE ADOPTING A RECORDS
RETENTION SCHEDULE
WHEREAS, the maintenance of numerous records is expensive, slows
document retrieval, and is not necessary after a certain period of time for the effective
and efficient operation of the Clean Energy Alliance ("CEA"); and
WHEREAS, Section 34090 at seq. of the Government Code of the State of
California authorizes the destruction of certain public records within specified time
periods; and
WHEREAS, the Board of Directors of the CEA desires to adopt a records
retention schedule to ensure efficient and effective maintenance of its various
documents and records in accordance with the requirements of state law.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE CLEAN ENERGY
ALLIANCE, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The records of the CEA, as set forth in the Records Retention
Schedule, attached hereto as "Exhibit A", are hereby authorized to be destroyed as
provided by Section 34090 et seq. of the Government Code of the State of California
and in accordance with the provision of said schedule upon the request of the Board
Secretary and with the consent in writing of the General Counsel, without further action
by the Board of Directors of CEA.
SECTION 2. With the consent of the Board Secretary and the General Counsel,
updates are hereby authorized to be made to the Records Retention Schedule without
further action by the Board of Directors.
SECTION 3. The term "records" as used in the attached Records Retention
Schedule shall include any writing prepared by, owned, used or retained by CEA
regardless of its physical form or characteristics, including writings prepared and/or
maintained in an electronic format, as defined by the California Public Records Act.
SECTION 4. This resolution shall become effective immediately upon its
passage and adoption.
DocuSign Envelope ID: 8A161F80-E856-4857-A944-3C163AD7E222
The foregoing Resolution was passed and adopted this _15th day of October,
2020, by the following vote:
AYES: Board Members: Haviland, Becker, Schumacher
NOES:
ABSENT:
ABSTAIN:
APPROVED:
F
DocuSIgned by:
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Ellie Havilland, Chair
ATTEST:
c--DocuSigned by:
(ANA,
S417E6E17.6, Secretary
Resolution Page 2 of 2
CEA-11
Clean Energy Alliance (CEA) Records Retention Schedule
Purpose: Implement a records retention schedule in order to ensure that CEA's records are kept as long
as legally and operationally required and that obsolete records are disposed of in a systematic and
controlled manner. The records retention schedule is intended to ensure that employees adhere to
approved recordkeeping requirements, and that they do so consistently.
Policy: Records will be retained according to the following schedule. After the required retention date
has passed, all documents or electronic files will be deleted or discarded unless there is specific reason
in the interests of CEA to maintain the record for a longer period of time.
Record Type Required Retention Sample Descriptions
Board Documents
Joint Powers Agreement
and By-laws In perpetuity All versions
Board Approved Decisions In perpetuity Resolutions, meeting minutes, and other items
approved at regular or special Board meetings
Board and Committee
Meeting Materials In perpetuity
Agendas, staff reports and other material
provided to Board members in preparation for
meetings
Board Approved Budgets In perpetuity Final, approved budgets
Contracts and Related Documents
Executed Contracts 5 years after completion of
contract
Power supply contracts, contracts with vendors
or consultants
Non-Disclosure Agreements In perpetuity NDA with vendor, employee, Board member or
advisor
Bids & Proposals (Awarded) 7 years after close of solicitation Including Q & A and correspondence with bidders
Bids & Proposals
(Unsuccessful) 2 years after close of solicitation Including Q & A and correspondence with
bidders
Published Solicitations 2 years after close of solicitation
Financial Documents
Audit Reports by
Accountants In perpetuity Independent audit reports prepared by outside
accountants
Adopted 10/15/20 -1-
CEA- 1 I
Accounting Records 5 years after close of fiscal year
Unaudited financials, bank statements,
payables/receivables and controls back up
documentation, etc.
Invoices from Vendors -
Energy
5 years after completion
of contract Vendor invoices for payment
Human Resources
Personnel Information 3 years after termination Offer letter, resume, evaluations, personnel
records, payroll records, and 1-9 forms
Recruitment Materials 3 years after completion Ads, responses
Payroll Tax Records 8 years from date tax paid Tax returns, W-2s, and related back up
Other Records
General Electronic or
Written Correspondence 2 years Emails and letters
Customer-Specific Usage
Information and Data 5 years Electronic information and reporting from Data
Manager, bill analyses
Marketing Material 2 years after public
distribution Flyers, brochures, electronic advertisements
eneral Educational or
Informational Material 2 years Brochures, reports, electronic information
Adopted 10/15/20 -2-