2.40.160 Disposal of records.
A. The clerk shall dispose of borough records if the following requirements are met:
1. The time for retention of the records under the approved retention schedule has elapsed rendering them obsolete and eligible for disposal; and
2. The records eligible for disposal are not vital or historical records, have no legal, administrative, or financial value, and are not required to be retained for any other purposes; and
3. The clerk has provided the list of records eligible for disposal to the department heads for review and recommendations. Justification must be provided if a record is removed from the disposal list and the record will be returned to the department and will revert back to being an active record.
4. The borough attorney determined that the records do not need to be retained for a longer period for purposes of any pending or threatened litigation or other legal purposes.
B. The clerk shall dispose of records eligible for disposal by destruction, by return to the original owner, or by any other means deemed appropriate based upon the records. Records eligible for disposal which are of a confidential nature shall be disposed of by means determined to be appropriate by the clerk which does not compromise their confidential nature.
C. The clerk shall provide a report to the borough assembly including a description of all records that are scheduled to be disposed and of obsolete records disposed during the preceding year. The clerk shall maintain a permanent log of all records which have been destroyed. [Ord. FY2022-19 § 3, 2022; Ord. FY2010-02 §2, 2009].