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HomeMy WebLinkAboutResolution 2026 - 13 Amend Resolution No 2006-14 City of Rexburg Retention Schedule for I-9 Forms Resolution 2026 – 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, AMENDING RESOLUTION NO. 2006-14 AND THE CITY OF REXBURG RECORDS RETENTION SCHEDULE RELATING TO THE RETENTION OF EMPLOYMENT ELIGIBILITY VERIFICATION FORMS (FORM I-9). WHEREAS, on December 20, 2006, the City Council of the City of Rexburg adopted Resolution No. 2006-14, establishing a records retention schedule identifying minimum retention periods for various types of City records; and WHEREAS, the records retention schedule adopted by Resolution No. 2006-14 classifies Employment Eligibility Verification Forms (Form I-9) as semi-permanent records and currently provides that such records shall be retained for five (5) years after separation from employment; and WHEREAS, federal regulations governing Employment Eligibility Verification Forms provide that an employer shall retain an employee's Form I-9 for three (3) years after the date of hire or one (1) year after the date the individual's employment is terminated, whichever is later, pursuant to 8 C.F.R. § 274a.2(b)(2)(i)(A); and WHEREAS, the City Council desires to amend the City's records retention schedule so that the retention period applicable to Employment Eligibility Verification Forms conforms to the retention requirements established by federal law; and WHEREAS, in accordance with the federal retention requirement, the City will retain the Form I-9 for each active employee throughout the employee's employment with the City and, following termination of employment, will retain the Form I-9 until the later of three (3) years after the employee's first day of employment or one (1) year after the employee's termination date; and WHEREAS, the City Council finds that amending the records retention schedule in this manner will establish a clear and consistent retention period for Employment Eligibility Verification Forms while ensuring compliance with applicable federal requirements. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF REXBURG, IDAHO, as follows: Section 1. Amendment of Records Retention Schedule. The records retention schedule adopted as Exhibit “A” to Resolution No. 2006-14 is hereby amended under Personnel Records regarding Employment Eligibility Verification Forms (I-9), incorporated herein by Section 2 of Resolution No 2026-13. Section 2. Retention Schedule Amendment for Employment Eligibility Verification Forms (I-9): For an employee whose employment with the City lasts two (2) years or less, Form I-9 shall be retained until three (3) years after the employee's first day of employment. For an employee whose employment with the City lasts more than two (2) years, Form I-9 shall be retained until one (1) year after the employee's termination date. Section 3. Continuing Effect of Resolution No. 2006-14. Except as specifically amended by this Resolution, Resolution No. 2006-14 shall remain in full force and effect. Passed by the City Council and approved by the Mayor this 16th day of September 2026. CITY OF REXBURG, MADISON COUNTY, IDAHO BY: Jerry L. Merrill, Mayor ATTEST: Deborah Lovejoy, City Clerk