HomeMy WebLinkAbout1996-197
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RESOLUTION NO. 96-197
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
POLICE DEPARTMENT.
WHEREAS the Chief of San Bernardino Police Department has
submitted a request for authority to destroy obsolete records and;
WHEREAS said request is in accordance with the procedures and
requirements of Sections 34090, 34090.5, and 34090.6 of the
California Government Code; and
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
1. Subject to written consent of the City Attorney, as
provided in Sections 34090, 34090.5, and 34090.6 of the Government
Code, the following city records, documents, instruments, books or
papers may be destroyed:
(a) Citizen/personnel complaints dated prior to January 1,
1991;
(b) Internal investigations dated prior to January 1, 1991;
(c) Police canine activity and bite reports dated prior to
January 1, 1991;
(d) Employee grievances dated prior to January 1, 1992;
(e) Internal promotional tests and evaluations dated prior
to January 1, 1987;
(f) All personnel records of former employees who resigned
or were terminated from City employment prior to January
1, 1991.
WH,rmldes-recd.resJ
RES 96-197
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
DESTRUCTION OF CERTAIN OBSOLETE RECORDS BY THE SAN BERNARDINO
POLICE DEPARTMENT.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Major and Common Council of the City of San
Bernardino at a regular
1st
meeting thereof, held on the
day
of
July
, 1996 by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
The foregoing resolution is
~~
hereby approved tb..is3i/l
day
of
July
, 1996.
~z :)f(~.~LP\
M MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
I consent to the destruction
of the records described in
this resolution.
JAMES F. PENMAN
City lj.ttorney ,
, J ).
by: :hJ~'''' / vC;""'M<..,
JAMES F. PENMAN,
City Attorney
By: j?~? j~
(/
WH:rm(des-recd.res)
RES 96-197
City of San Bernardino
San Bernardino Police Department
Interoffice Memorandum
To: Assistant Chief Wayne Harp
From: Sergeant M. Emoto
Subject: Destruction of Obsolete Records
Date: June 5, 1996
Copies:
PROBLEM:
The retention and storage of citizen/internal complaints and
investigations, employee grievances, internal promotional tests and
evaluations, and personnel records of former employees with non-
retirement related separations more than five (5) years old
presents storage and security problems for the police department.
The police department's retention and storage of these outdated
records and documents, more than five years old, is not in
accordance with existing state laws.
RECOMMENDATION:
That the Mayor and Common Council approve the proposed resolution
to destroy certain obsolete records.
FINDINGS:
1. The Mayor and Common Council adopted Resolution #95-405 on
November 20, 1995, which approved the destruction of certain
obsolete police records dated prior to January 1, 1990.
2. The Government Code provided for the systematic destruction of
records and documents that have outlived their usefulness as
evidence.
3. The proposed policy for the destruction of such records meets
the standards outlined in the Government Code, Penal Code, and
Evidence Code.
4. Personnel complaints and investigations older than five years
are not relevant in state litigation and therefore are not
discoverable pursuant to Evidence Code 1045(b) (1).
THE SBPD IS COMMITTED TO PROVIDING:
PROGRESSIVE QUALITY POLICE SERVICE;
A SAFE ENVIRONMENT TO IMPROVE THE QUALITY OF LIFE;
A REDUCTION IN CRIME THROUGH PROBLEM RECOGNITION AND PROBLEM SOLVING
RES 96-197
Destruction of Obsolete Records
Page 2
5. Documents or records involved in pending litigation,
especially if a subpoena or notice to provide such documents
has been served on the City, are exempt from destruction
pending adjudication of the litigation.
6. Huston Carlyle, Senior Assistant City Attorney, has reviewed
the proposed resolution and agrees to the necessity of this
resolution to protect the City and its employees.
APPENDAGES:
1. Copy of Government Code sections 34090 and 34090.6.
2. Copy of California Evidence Code section 1045(b) (1).
3. Copy of California Penal Code sections 832.5(B) and 832.8.
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